500 
THr TROPICAL AGRICULTURIST. 
[January i, 1892. 
the speoifioatioa nod ezpUia buw tho parts of it corres- 
pouded with tho parts of his maahine. 
Mr. Ubownb: — Does my friend propose to read the 
ipesiDoation in evidence. 
Mr. WiTHEiis:— Ves. 
Mr. Bbownb then objected on the ground that 
what the defendauts wore charged with in this case 
was importing and selling and in the case of the 
second defendant company niing certain machines 
an alleged infriugment on tho plantitf's machine, 
They were not charged with having patented a ma- 
chine or made a specification and thereby infringed a 
right. In other words they were charged with things 
they had done and not with things they had written or 
said the spccifioation might possibly utfeot whatever 
man signed or filed it. It conld no moro sffeot any- 
body else in this suit than it could affect any leading 
merchant in the Fort like Mr. Henry Bois for instance, 
and therefore it was inadmissible in evidence as a 
second ground against anybody except the person who 
signed U. 
The JuDOE was understood to say that being part of 
the defendants' answer the plaintiff had a right to 
refer to it. 
Mr. Bbowne : — Possibly as a matter of pleading but 
not in evidonoe. 
Mr. WiTBEBs then proceeded to identify the 
various parts of the one machine with the other. 
The difference struck the eye at once. There was 
nothing of the kind ever seen before in auy muchice 
in Oeylon or, he mado bold to say, in any tea roller 
elsewhere, and its nscfuliiess would be proved by the 
fact that it had mot with public acccptanco. Hun- 
dreds of the machine had been sold, and that was one 
of the ordinary proofs of nsefulncss. It was most 
niefnl by having the independent vertical movement 
b which it could be fed easily: and by having the parts 
removed which icqnired oiling so that not a drop could 
fall into the tea. He would re^ from the specification to 
show the corresponding parts of tho other machine. It 
was said that the invention consisted of a circular talilu 
or of platform and hollow cylinder in which the 
latter revolved a circular lid. That oiroulac table or 
platform answered to the squaro table of Mr. Jackson’s 
machine and theirs was round whereas Mr. Jackson's 
was more or less square, the square hollow cylinder 
answered to the square hollow jacket In which tho 
latter revolved, end the circular lid was the upper 
table corresponding to the square cap in the “ Ex- 
celsior” ; and it was perfectly clear that the motion 
which was directly imparted was an infringement of the 
motion in Jackson's machine. It was aho said that they 
imported eccentric motion to the table, that was 
the bottom one, and to the whole cylinder. That 
showed that the driving machinery in Brown’s im- 
parted the motion the same as 1b Jackson’s. It 
was also said that the cylinder carried the table 
with it and that was really a description of plain- 
tiff’s machinery, the only difference being in shape; 
that what Mr. Jackson had done on the square they 
had done in tho round. In reply to the Judge he 
showed that the triple action was fed in the samo 
way as the ” Excelsior.” In conolcsion he said that 
however much the alleged infringing maobino might 
differ in appearance from Mr. Jackson’s the court 
must not bo guided or influenced by that. Farts of Mr, 
Jackson's machine might be omitted in the 
infringing maahine ; there might he additions to 
the infringing maahine which were not in the 
plaintiff’s; these omissions or additions might 
make the defendants’ maohine a better one than his ; 
but all that wont for nothing if the plaintiff's vital 
arrangement had been snbstantial'y tskea and by them 
and with all these omissions and additions the machine 
was a colontablo imitation of the plaintiff’s patent. 
(Mr. Dobnuobst:— I admit that to bo the law.) He cited 
the case of Proctor v. Bonnis aod called upon the plain- 
tiff to give his evidence. 
Mr. Wm. Jackhoji, tho plaintiff, examined by Mr. 
Withers said:— lam a mechanical engineer by pro- 
fession. I began the study of my profession when I 
was 16 years of ago and sorvod an apprenticeship of 
5 years. Alter that I went to India, going to Cal< 
cutta and afterwards to Assam, where I was on a 
tea plantation of the Scottish Assam Co. for two 
years, after that I confined myself entirely to tea 
machines — rolling, drying and sifting and various 
classes of machine. I came to Coylon abont 
throo years after the introduction of this machine 
(tho “ Excelsior”) I think. My first visit to Ceylon 
was daring 1885 or 1880. I called at Colombo before 
that bat did not stay. I first introduced some of 
my maohinory here in 1878 or 1879, when tho “Standard” 
machine which was sold in London was sent out. 
As far as 1 am aware that was tho maohino in use 
up to the time of taking out the" Excelsior” for which 
I took out a patent in April 1881. The “Standard” 
was one of my inventions. It was invented when I 
was in India The first thing that led me to invent 
tho “ ExcclslDr” was that tho planters wanted a less 
costly machine, and in the “ Standard” there was a 
considerable amount of lime wasted in India 
whore tho leaf was rolled very much quicker 
than hero in trying to get the leaf down 
through the oentio of the roller cap. The next 
point was that the jacket had to he mado heavy to 
prevent it from jerking or jarring over tho leaf whilst 
it was contained by it. The jacket of the “Standard” 
rests on the lower table and its heavy weight mado 
it stiff to drive. 1 was not satisfied with the rolling 
obtained by that machine, and what I bad in my mind 
when working out the idea of tho " Excelsior” was to 
contrive that there should he the same action on the 
leaf as in the case of the Standard, but in a less costly 
way and that the machine should be more easily driven 
and worked. In the “ Excelsior” it is necessary to 
place the leaf on the feeding platform at the top of 
the machine. If you place a sheet of paper on the 
lower table and pass a pencil through the upper suri'soe, 
jacket or cap a true circle will he described. That 
motion is precisely the same as tho motion of the 
“ Standard’’ when the cranks ate geared np at right 
angles to each other. I have now transferred the 
driving mechanism from the cap or upper rolling sur- 
face to the jacket sucronnding it, that is to say that 
I have oouneotod tho driving crank with 'the jacket 
itself. The driving mechanism in the *' Standard” was 
coupled direct to the upper rolling surface or cap, the 
jacket surrounding such upper cap or surface being 
left free or loose. In the “Excelsior” or improved 
machine I have just reversed that. I have taken 
the driving mechaniam away from the upper cap 
or aurfaoe and attached it to the jacket which 
surrounda tho surface. By connecting the driving 
mechanism to the jacket I was enabled to 
keep the lower edge of tho jacket or outer case juet 
clear of the lower table. By this arrangement of 
driving through the case or jacket 1 was also cuablod 
to soonre free vortical movement of tho surface. In 
councctioii with that I was the first to introduce the 
bow and bracket attached direct to the jacket through 
which tho oap is operated. This arrangement of 
driving through the jacket which wo must oontinue 
lo refer to as the jacket enables me to lift the 
cap snffloieotly far to feed the leaf in on one side 
underneath. I can see the leaf being operated on 
in this machine by looking through the same passage 
as tho leaf is passed in. That passage is called the 
hopper. The projsura by the oap on the leaf under 
this system resulted in the work being accom- 
plished more quickly and promptly than under tho 
old system in the “ Standard.” By transposing the 
driving mechanism from the cap to the jacket sur- 
rounding it, tho dirty, greasy oily parts are removed 
from tho cap or top of the surface. In answer lo 
Mr. Morgan he said :— The jacket in tho “titandard” 
weighed from one to two owt. aod that weight 
resting on the lower table whilst the machine was 
in action pcudiicod an amount of wear and tear on 
the lower table which wore that lower table out. 
That wear and tear dees not take place in tho other 
machine because tho weight does not rest on it 
Beplying to Mr. Withers ho said Of the "Excelsiot’ 
embodying the improvement of driving through the 
jacket we have sold I suppose 800 in Ceylon. Did 
the “ Exoelsior ” that you brought out when it 
