March i, 1802.] THE TROPICAL AGRlbULTURldT. 
671 
substituted for them. In Jackson's machine there was 
a guide bar which guided the machine into rectilenear 
motion. , 
Cros.i-examined.— Mayor Day said he was the 
acting referee to Government as regarded patciits, 
so far as regarded mechanical arrangements. He 
advised Government on these points, but he had 
given no opinion to Government about the Iriple 
Action Machine. The train of mechanism would 
be a gearing which would convey motion trom the 
motor- to the object to be moved. The word 
"Driving" means communication of energy or 
power to something. That is a good definition. 
Driving and driven are relative terms, and one im- 
plies the other. The jaeket in the Excelsior machine 
is driven as well as driving. It is driven as part 
of the connecting mechanism. He called the metal 
frame round the jacket a connecting bar. It was 
really one. This was driven. C?-— Would you really 
call this a connecting rod, Major ? A .—Certainly that 
is a connecting rod. Q.—I am talking of the whole of 
this great piece here. Do you solemnly and sincerely 
say that all that is nothing more than a connecting 
rod' 4.— You can call it a connecting plate it you 
wish if you do not care to call it a connecting 
rod. It performs the same function. Q.— Would an 
ordinary mechanic or skilled workman speak of this 
to his friend as a connecting rod? He wonld 
call it a connecting rod, bar link, on a plate. Q— 
Would a man say " Just tilt over that connecting 
rod ' I want to clean the upper rolling surface" ? 
1— He would say probably move up the box because 
that is really the thing that he has any view of when 
he is going to work inside the work. Q.— Will he say 
" Tilt over the connecting rod?" You say no. He will 
say "Move the box." ^ .—You are only taking a part 
of it. He would say that because he is going to work 
inside. Q.— How do you know he is ? You said 
opening it to clean it. Q.— Suppose he wanted to 
turn it over to see if it worked or if there was any stitt- 
ness about it. Would he say "Tilt over the connecting 
rod"?4-He would probably say "Tilt it." (Laughter). ' 
I do not suppose a workman would call it a con- 
necting rod. When a man is working with tea, he 
calls by quite different names from what a titter 
would. The under plate in plaintiff's machine is 
driven. It is not a connecting rod. The slides in 
the Excelsior machine restrict cicular motion in 
one direction. They hold the machine tight, so that 
it cannot go round. It must go in a straight line. 
The next witness was Lieutenant Frank Brown, 
of the Koyal Artillery, who said that he had gone 
through both practical and theoretical mechanics 
in Woolwich Arsenal. He never went through the 
Academy, but his commission was presented to him 
for special qualifications. He obtained the Whit- 
worth Scholarship which was open to all the 
British Empire, for practical and vtieoretical know 
ledge in mechauies, engineering, and science generally. 
It was the blue ribbon of scienco in England. He 
had studied under Mr. Fell, of Queen Victoria Strett, 
Patent A(?ent. He had designed more or lesa 
all the Ordnance in the Bri'ish service under 
General Maitland. The 380 powder guns, or 23 
ton guna now being erected at Colombo were from his 
dfsigua and he had been sent here speoially fur 
thfir erection. He had studied the specificationa of 
plaintiffs machine, and examined models. Jack- 
Bon'a upper rolling surface was moved by a push 
which was not the case in the Triple Action 
maohine. If there was contact in defenduut's 
machme, the friction would be too great. Witness ntxt 
described the difference between technical '■ rota- 
ory" and "revolving.' What plaintiff called the 
vipper rolling eiirfaoo in his machine h(5 calltd a 
weight which could easily be diepeneed with inci eas- 
ing depth of the box and filling up the box with 
tea, the increased head of tea being equivalent to 
that weight. The j^cket was part of the driving 
niaohanism of the machine, and it would not be 
correct to aay that it was part of the driver mpch- 
ani«m. He callud the motal work the connectiog 
rod, it did not matter what the form was. 
Mr. WiTHEKs h^d uo quealigu to ass iu cross-ex 
amiDttioo. 
Mr. Alfred Brown was called and sworn. He 
deposed:— I am the first defendant in this ac- 
tion. My father made me a present of the patent 
of the invention so that I could takfe the patent here. 
I am employed at present in the office of the second 
defendant company. I have not personally imported 
any of these machines and I have not sold personally any 
of these machines. I have sold them for the second de- 
fendant company as their servant. In my private 
capacity as patentee I have licensed the second defen- 
dant company to do so. 
Cross-examined by Mr. Wendt. — I have sold these 
as the agent of the company. I have a pecuniary 
interest in the machinery. 'The license I have given 
the defendant company is in the form of a letter on 
condition that they pay a certain sum of money 
on every machine sold. I believe it was given 
somewhere in 1888. I think that was before 
anybody imported these machines, but, can't say 
positively. It is after the date of the specifica- 
tion filed. I read the Indian specification 
yesterday afternoon in the Court, not before. 
I have not seen the Indian drawings. I know 
these drawings ; they are not yet certified by any- 
body in the Patent Office here. — Are those the draw- 
ings which you filed with your specification in Sep. 
1888 ? I thought they were, until I heard yesterday 
to the contrary. Shortly after the specification was 
filed, I applied to the Patent Office to alter them. 
There were difficulties raised against my doing so, and 
the things were left in an unsettled position. My 
application to be allowed to alter the drawings as far 
as I can recollect was about six months after the filing 
of the specification in Sep. 1888. No difficulty was 
raised on the original plans in consequence of my 
application to alter the plans. I never had a definite 
letter giving me leave to alter the plans, or I 
should have done so. I can't swear that the drawings 
tiled with my answer have been filed at the Patent 
Office. I saw the certified copy shown to Mr. John 
Brown yesterday, but did notlookatthem. (Z 1 shown) 
I can't give you any opinion one way or the other 
as to the correctness ot the drawings. I should be 
rather surprised to see these were the drawings filed with 
my specitications. I have never seen a machine like 
the one shown in this plan, that is as regards the frame 
and one or two other details. My experience in any 
drawings was very little at the time I filed my 
specification. (Attention to the letter K was drawn.) 
Hollow cylinder K. No. .S— does the drawing re- 
present what you mentioned in youi' specification ? 
I have no recollection whatever on these points. I 
did not refresh my memory because I was told that 
my specification would not come to Court at all. 
Were you aware a copy of yoiu' specifications and 
drawings was tiled with your answer in this action ? I 
did not know that this drawing had been filed. I 
knew the specification was. I myself supplied the 
tracings to be filed with my answer. I sent half- 
a-dozen copies of the plan now filed with answer to 
Messrs. Loos & Van Cuylenburg. I do not recollect 
any difficulty of any sort raised regarding the grant of 
a patent to nie. Messrs. Loos & Van Cuylenburg only 
did the legal business, but I did not employ any 
patentee for the purpose of taking it. My applica- 
tion for leave to file specification^ was on the '28th April 
1888. I filed my specification on the 28th of Sept. 
1888.— What was the cause of this delay ?— 
I think that was the usual delay so far as I am 
aware. There was no reference to me made between 
the application for leave to file and the filing of the 
specifications, from the Patent Office. 
Mr. Withers in addressing the Court on behalf of 
the plaintift' in this case, at the close of the evidence on 
Satiuday, proposed that they should go direct to the 
issues in the case, leaving behind them such charming 
creations of his friend's exuberant fancy as Pyramis 
and Thisbe working out cinenuxtics across a tea 
machine and, while continuing to guide their conduct 
in rectilinear paths suppress any natural tendency 
there might boon their part to move in a vicious circlo. 
A curve might be more beautiful tluui a straight line, 
but it must be admitted that there were advantages 
iu going direct to ii point. .Vssuuiing that the plaintiff 
liuiil provoU his iuvuutiou, uaiudy tho traiismissiou o£ 
