And, thereafter, on the 27th day of August, 1872, Letters Patent of the United States numbered No. 130,961, signed, sealed and executed in due form of law, and bearing date the day and year last aforesaid, were issued to said William Webster, whereby there was secured to him and to his heirs and assigns for the term of seventeen years from the 27th day of August, 1872, the full and exclusive right of making, using and vending the said improvement throughout the United States and the Territories thereof, as by a certified copy of said Letters Patent, in Court to be produced, will more fully appear.

And your orator further shows, that by an instrument in writing, bearing date the first day of October, 1872, the said William Webster duly assigned, transferred and set over unto himself, jointly with Cornelius M. Meserole and William G. Smith, all his the said Webster's right, title and interest in and to said Letters Patent and the invention thereby secured, which said assignment was duly recorded on the day of, 18—, in

the Patent Office of the United States, in Liber —, as by said assignment, with the certificate of recording thereto affixed, or a duly certified copy of said assignment, in Court to be produced, will more fully and at large appear.

And your orator further shows, that by an instrument in writing, bearing date the 20th day of October, 1873, the said Webster, Meserole and Smith duly assigned, transferred and set over unto your orator all their, and each of their right, title and interest in and to said Letters Patent and the invention thereby secured, which said assignment was duly recorded on the 18, in the Patent Office of the United States, in Liber as by said assignment, with the certificate of recording thereto affixed, or a duly certified copy of said assignment, in Court to be produced, will more fully and at large appear.

day of

And your orator further shows, that thereafter, to wit, on or about the 26th day of May, 1874, the said Webster individually, and the said Webster, Meserole and Smith, sold, assigned, transferred and set over unto your orator all and every right and cause of action which they the said Webster, Meserole and Smith might have, jointly or severally, against any person, firm or corporation arising out of the infringement of the said Letters Patent, and your orator by means of said assignments became vested with the right to recover such damages and profits as the said Webster, Meserole and Smith were jointly or severally entitled to recover since the said date of the said patent and prior to the assignment thereof by the said Webster, Meserole and Smith to your orator on or about the 20th day of October, 1873.

And your orator further shows that by virtue of the assignments aforesaid your orator became and now is the sole and exclusive owner of said Letters Patent and of the invention and improvement therein described and claimed and of all rights secured by said Letters Patent since the date thereof, and is entitled to be protected in the enjoyment of the same.

And your orator further shows upon information and belief, that prior to the assignment of the said Letters Patent to your orator, the said Webster, Meserole and Smith recovered a decree upon said Letters Patent in a suit in the Circuit Court of the United States for the District of New Jersey

against the New Brunswick Carpet Company; and also commenced a suit upon said Letters Patent in the Circuit Court of the United States for the District of Massachusetts against the firm of Gilbert and Taft, by whom the looms used by the New Brunswick Carpet Company were constructed at Worcester, Massachusetts, and in which said last named suit the defendants by their counsel consented to a decree restraining the construction of further looms of the kind made and sold by the said Gilbert and Taft to the New Brunswick Carpet Company; and on the 27th day of April, 1874, recovered a decree upon said Letters Patent against one John Cochrane, Jr., in the Circuit Court of the United States for the District of Massachusetts, who was also using looms constructed by the said Gilbert and Taft. That on or about the first day of June, 1874, a suit was commenced in the Circuit Court of the United States for the Southern District of New York, against Elias S. Higgins and Nathaniel D. Higgins for the infringement of said Letters Patent. That at the October Term of said Court in the year 1878, a decision was rendered in said suit by the Honorable Hoyt H. Wheeler, denying the relief prayed for in said suit and directing that a decree be entered dismissing the Bill of Complaint with costs.

That said decree was duly entered and an appeal was duly taken to the Supreme Court of the United States.

That said cause came on to be heard at the October term of said Supreme Court in the year 1881, and a decision was rendered sustaining the validity of said Letters Patent and adjudging the infringement of said Letters Patent by the said defendants Elias S. Higgins and Nathaniel D. Higgins, and directing that the decree of the said Circuit Court be reversed and the cause remanded with instructions to enter a decree in favor of the complainants and to take such further proceedings as law and justice might require.

That thereafter a decree against said defendants was duly entered in said Circuit Court for the Southern District of New York in conformity with the mandate of the said Supreme Court.

All of which matters and things will more fully and at large appear by reference to said decisions and decrees, or duly authenticated copies thereof here in Court to be produced, to which your orator craves leave to refer. And your orator further shows that but for the infringement herein complained of, and others of like character, your orator would still be in the undisturbed possession, use and enjoyment of the exclusive privilege secured by the said Letters Patent, and in receipt of the profits of the

same.

And your orator further shows unto your Honors, as it is informed and believes, that since the date of said Letters Patent, the defendants herein named, well knowing all the facts herein before set forth, and against the will of your orator, and in violation of your orator's rights, have been and are now jointly infringing said Letters Patent within the District aforesaid, and elsewhere within the United States, by constructing or causing to be constructed, and by using and causing to be used, looms for weaving pile fabrics, each of which contains the invention described and claimed in the said Letters Patent, all of which acts and doings are contrary to

equity and good conscience, and tend to the manifest injury of your orator in the premises.

Forasmuch as your orator can have no adequate relief, except in this court, and to the end, therefore, that the defendants may, if they can, show why your orator should not have the relief hereby prayed, and may make a full disclosure and discovery of all the matters aforesaid, and according to the best and utmost of their knowledge, remembrance, information and belief, full, true, direct and perfect answer make to the matters herein before stated and charged; but not under oath, an answer under oath being hereby expressly waived.

And that the defendant may be decreed to account for and pay over the income or profits thus unlawfully derived from the violation of your orator's rights, and be restrained from any further violation of said rights, your orator prays that your Honors may grant a writ of injunction, issuing out of and under the seal of this Honorable Court, perpetually enjoining and restraining the said defendants, their clerks, attorneys, agents, servants and workmen from any further construction, sale or use in any manner of said patent improvement, or any part thereof, in violation of your orator's rights as aforesaid, and that the material now in possession or use of the said defendants may be destroyed or delivered up to your orator for that purpose.

And that your Honors, upon the rendering of the decree above prayed. may assess or cause to be assessed, in addition to the profits to be accounted for by the defendants as aforesaid, the damages your orator has sustained by reason of such infringement, and that your Honors may increase the actual damages so assessed to a sum equal to three times the amount of such assessment under the circumstances of the wilful and unjust infringement by said defendants as herein set forth.

And your orator further prays that a provisional or preliminary injunc tion be issued restraining the said defendants from any further infringement of said Letters Patent pending this cause, and for such other and further relief as the equity of the case may require, and to your Honors may seem meet.

May it please your Honors to grant unto your orator, not only a writ of injunction conformable to the prayer of this bill, but also a writ of subpoena of the United States of America, directed to the said Elias S. Higgins, Henry M. Brooks, and Eugene Higgins, commanding them on a day certain to appear and answer unto this bill of complaint, and to abide and perform such order and decree in the premises as to the Court shall seem proper and required by the principles of equity and good conscience.

BROWN & JONES,

Solicitors for Complainant and of Counsel. WEBSTER LOOM COMPANY,

UNITED STATES OF AMERICA, Southern District of New York.

SS.

by WM. G. SIMTH, President.

On this 19th day of August, 1889, before me personally appeared Wm. G. Smith, the President of the Webster Loom Company, the complainant above named, who being by me duly affirmed, deposes and says, that he is

the President of the Webster Loom Company and familiar with its business, and that he has read the foregoing bill of complaint, and knows the contents thereof, and that the same is true of his own knowledge, except as to the matters therein stated on information and belief, and as to those matters he believes it to be true. WM. G. SMITH

Affirmed and subscribed before me, this 19th day of August, 1889. [SEAL] ANTHONY GREF, Notary Public, Kings County.

Certificate filed in N. Y. Co.

FORM II.-DEMURRER.

Circuit Court of the United States for the Southern District of New York.

The demurrer of the above-named defendant Robert Roe to the bill of complaint of the above-named plaintiff.

This defendant, by protestation, not confessing or acknowledging all or any of the matters or things in the said bill of complaint contained to be true in such manner and form as the same are herein set forth and alleged, doth demur to the said bill. And for causes of demurrer showeth, I. That it appeareth by the plaintiff's own showing by the said bill, that he is not entitled to the relief prayed by the bill against this defendant.

II. That it appears by the said bill that there are divers other persons who are necessary parties to the said bill, but who are not made parties thereto. And in particular it appears that the said Richard Doe has been duly adjudicated a bankrupt, and that Henry Brown has been duly appointed assignee of his estate, and that it appears by the said bill that said Henry Brown as assignee as aforesaid is a necessary party to the said bill; but that said Henry Brown is not made a party thereto.

III. That the said bill is exhibited against these defendants, and against several others defendants to the said bill, for several and distinct and independent matters and causes which have no relation to each other, and in which or in the greater part of which this defendant is in no way interested or concerned, and ought not to be implicated.

Wherefore, and for divers other good causes of demurrer appearing on the said bill, this defendant doth demur thereto. And he prays the judgment of this Honorable Court, whether he shall be compelled to make any answer to the said bill; and he humbly prays to be hence dismissed with his reasonable costs in this behalf sustained.

HENRY JONES,

Solicitor and of Counsel for Defendant Robert Roe, 111 Broadway, New York.

I hereby certify that the foregoing demurrer is in my opinion well founded in point of law.

HENRY JONES,

Of Counsel for Defendant Robert Roe.

New York, August 9, 1889.

Robert Roe, being duly sworn, deposes and says: I am one of the abovenamed defendants. The foregoing demurrer is not interposed for delay.

ROBERT ROE

SYLVANUS BROWN,

Sworn to before me this 9th day of August, 1889. [SEAL]

Notary Public, New York Co., N. Y.

FORM III.-PLEA.

In the Circuit Court of the United States for the Southern District of New

York.

Between JOHN STYLES, Plaintiff,

and

ROBERT ROE and RICHARD DOE, Defendants.

In Equity.

The plea of the above named defendant Richard Doe to the bill of complaint of the above named plaintiff.

I, the defendant Richard Doe, by protestation, not confessing or acknowledging all or any part of the matters or things in the said bill of complaint mentioned to be true in such manner and form as the same are therein set forth and alleged, do plead thereto, and for plea say, that I am not the administrator of the estate of Jane Doe as in the said bill alleged, and that the administrator of said Jane Doe is one Robert Hereford, which said administrator ought to be made a party or parties to the said bill as I am advised; all which matters and things I aver to be true, and plead the same to the said bill, and humbly crave the judgment of this Honorable Court whether I ought to be compelled to make any further or other answer to the said bill. HENRY JONES,

Solicitor and of Counsel for Defendant Richard Doe, 111 Broadway, New York.

I hereby certify that the foregoing plea is in my opinion well founded in point of law.

New York, August 9, 1889.

STATE OF NEW YORK,

HENRY JONES,

Of Counsel for Defendant Richard Doe.

City and County of New York, ss.

Southern District of New York,

Richard Doe, being duly sworn, deposes and says: I am one of the above named defendants. The foregoing plea is true in point of fact, and is not interposed for delay.

Sworn to before me, this 9th day of August, 1889. [SEAL]

RICHARD DOE

SYLVANUS BROWN,

Notary Public, N. Y. C.