March x, i8g2.] 
THE TROPICAL AGRICULTURIST. 
671 
substituted for them. In Jackson’s machine there was 
a guide bar whicJi guided the machine into rectileiiear 
motion. 
CroHH-eXiimiiu‘d . — Mayor Day said he was the 
acting referee to Government as regarded patents, 
80 far as regarded mechanical arrangements. He 
-advised Government on these points, but he had 
given no opinion to Government about the Triple 
Action Machine. The train of mechanism would 
be ft gearing which would convey motion from the 
motor to the object to be moved. The word 
“Driving” means cojnmunication of energy or 
? ower to Homotlung. That is a good definition. 
)riving and driven are relative terms, and one im- 
plies the otiier. The jacket in the Excelsior machine 
la 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. Q . — Would you really 
call this a connecting rod. Major? A . — Certainly that 
is a connecting rod. am talking of the whole of 
this great piece hero. Do you solemnly and sincerely 
say that all that is nothing more than a connecting 
rod? A . — You can call it a connecting plate if you 
wish if yon do not caro to call it a connecting 
rod. It performs the same function, Would an 
•ordinary mechanic or ekilicd workman speak of this 
his friend as a connecting rod? A^llo would 
^all it a connecting rod, bar link, on a plate. 
Would a man say “Just tilt over that connecting 
rod ’ 1 want to clean the upper rolling surface” ? 
'{^“IIo would say probably move up the box because 
that is really the thing tliat he has any view of when 
K<^iug to work inside the work, f^.— Will he say 
the connecting rod ?■' You say no. He will 
the box.” yf.— You are only taking apart 
; would say thftt because ho ingoing to work 
■' — ^^ow do yon know he is? A . — You said 
clean it. (J . — Suppose he wanted to 
urn It over to see if it worked or if there was any stifT- 
Would he say “Tilt over the connecting 
r ^ would probably say “Tilt it.” 1 Ivaughtcr).” 
1 ao not suppose a workman would call it a con- 
necting rod. When a man is working witli tea. he 
calls by quite diiTeront names from what a fitter 
would, “he under plate in plaintiff's machine is 
driven. It is not a connecting rod. The slides in 
tho 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 Khow'n, 
of tho Iloyal Artillery, who said that he had gone 
j Goth practical and theoretical mechanics 
^ Woolwich Arsenal. He never went through the 
veademy, but his commission was presented to him 
Hpecial qiialiticatioiiB. He obtained tlie Wliit- 
B V K Scholarsliip which was open to all tho 
led • ^“P'**®* practical and itieoretical kuow- 
It w* uiechauic^, engineering, ami science generally, 
had fci ribbon of ioience in England, lie 
Patent*^ A ^ under Mr. Fell, of Queen Victoria Street, 
all fch He had designed more or less 
5^'’)nance in the Bri ish tervice under 
ton <nm Tho 3fi0 powder gnus, or 23 
dHuio being erected at Colombo were trom his 
^ bad been sent here «pcoially lor 
had studied the epeciftcations of 
sni/a**"* iDoohiuc, and examined models. Jack- 
rolling surface was moved by a push 
maohleT“lf‘“’L ‘'‘® 
maohino .iT*. . “®'’® contact in defendants 
de8fi.ih«i ho too great. Witness next 
orv" 11,““.? di^crenee between technical - rot.- 
tipper "'hat plaintiff called the 
weieht whi.n ®®f'*‘‘ce in his machine he called a 
in* denlh I* easily he dispensed with incteas- 
te? *h? ‘''®. H®* »P the box with 
that weight^Thl ■“’*b '®'‘ equivalent to 
maohanism of the ^‘*® 
anisto Ha P'"’*' ‘ho driver meob- 
rod, it did not matter ®®““®®““« 
Mr Wttw ™att(r wDsit tho form was. 
amiMtion. “ ““t iu oroBs-ex- 
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 tho invention so that I comd takh tho patent hero. 
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 those machines. I have sold thorn for the second de- 
fendant company as their servant. In my private 
capacity as patentee I have licensed tho second uofen- 
dant company to do so. 
Cross-examined by Mr. Wendt.— I have sold these 
as the agent of tho company. I have a pecuniary 
interest in the machinery. The license I have given 
tho 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 1S«8. I think that was before 
anybody imported those machines, but, can't say 
positively. It is after the date of tho specifica- 
tion filed. T read the Indian spocitication 
yesterday afternoon in the Court, not before. 
I have not aeon the Indian drawings. 1 know 
these drawings ; they are not yet certffied by any- 
body in tho Patent Office Iiero.— Are those the draw- 
ings which yon filed with your specification in Sop. 
WHS ? I thought they were, until I hoard yesterday 
to tlie contrary Shortly after tho specification WM 
filed, I applied to the Patent Office to alter them 
There were diflicultics raised against my doing so and 
tho 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. 1S88. No difficulty was 
raised on the original plans in conseqaonco of my 
application to alter tho plana. I never bad a definite 
letter giving me leave to alter the plana, or I 
should have done ao. I can't swear that the drawings 
filed with my answer have been filed at the Patent 
Office. I saw tho certified copy shown to Mr. John 
Brown yesterday, but did not look at them. (Z 1 shown) 
I can’t give you any opinion one way or the other 
as to tlie correctness ot tho drawings. I should be 
rather surprised td see ttiese were the drawings filed with 
my spocilicatiqus. I have never seen a machine like 
the onesliown m tins plan, that is as regards the from* 
.and one or two other details. My experience in any 
dravymgs was very little at the tinie I filed my 
TOocification. (Attention to the letter K was drawn ) 
Hollow cylinder K. No. S-does tho drawing re- 
present what you mentioned in yonr specification f 
I have no recollection whatever on those points. I 
did not refresh my memory bocause 1 was told that 
my specification would not come to Court at all. 
Were you aware a copy of your specifications and 
drawings was filed witti your answer in this action V I 
did not know that this drawing liad been filed. I 
knew the spooification was. I myself supplied the 
tracings to be tiled with my answer. I sent half 
a dozen copies of the plan now filed with answer to 
Mesar^ Loos & Van Cuylenburg. I do not recollect 
anv dimcultv of anv sort 
patentee for the purpose of taking it. My^^ipplS 
"Zh r hTfl «P®cification.was®on the Mtb AprU 
^ specification on the 2Hth of Sept. 
JH8H. WhftC was the cause of this delay?— 
1 think that was the iisual delay so far as 1 am 
aware. There wm no reference to me made between 
tho application for leave to file and the filing of the 
specifications, from the Patent Office. 
Mr. WiTiiEns in addressing tho Court on behalf of 
the plaintiff in this case, at tho close of the evidence on 
Saturday, proposed that they should go direct to the 
issues in the case, leaving behind them such charming 
creations of liis friend s exuberant fancy as Pyramis 
and Thiabo working ont cinematics across a tea 
machine and. while continuing to guide their conduct 
in rectilinear patlis suppress any natural tendenev 
there miglit lie on tlioir part to move in a vicious circle 
A curve might bo more boautifiU than a straight line 
lint It mnst lie admitted that tliere were ^va^ages* 
in going direct to a point. Assuming tiiat tho 
had proved bw mvoutiou, mui.dy 
