The phonoscope (Nov 1896-Dec 1899)

8 THE PHONOSCOPE October, 1898 of the said Letters Patent, and of all claims for infringement thereof ; and has been and is, save for the doings of these defendants, and others acting in concert with them, in the exclusive possession of said rights and priveliges ; and is entitled to the exclusive use, benefits, and advantages of the said inventions and improvements, and to sue for and recover to its own use and in its own name all claims for the infringement or violation thereof. .13 And your orator further shows that it has expended large sums of money in practicing said invention, and introducing the same into public use, and the same is of great commercial value and practical utility ; that a great public interest has been manifested therein, and a large demand created for apparatus constructed in accordance with or embodying the same, which demand your orator is ready and able to supply ; that the public generally, in all parts of the United States, have recognized and acquiesced in the facts that the said Bell and Tainter were the first and original inventors of the said inventions, and that the patents above named are good and valid patents, and that the public have also acknowledged the claims of your orator to the exclusive right to said inventions under said patents ; and that, but for the infringements and wrongs hereinafter complained of, your orator would now be in the peaceful possession and enjoyment of the said Letters Patent and inventions, and of the income derivable therefrom. 14. • Your orator further shows that on the 8th day of October, 1896, it filed its bill of complaint in this Court against Loring L. Leeds and others, for infringement of Patent Xo. 341,214, here in suit, by the manufacture, sale and use of a machine known as the "Metaphone," that said defendants duly appeared and answered ; that replication was filed, proofs taken, and the cause was brought on before the Hon. Nathaniel Shipman, Circuit Judge; that on or about the fourth day of August, 1S9S, a decree was duly entered establishing the validity of said Letters Patent (particularly as to claims 19, 20, 21, 22, 23, and 24), and the title of your orator therein, the fact of the infringement thereof by the said defendants therein, and awarding a perpetual injunction ; which said decree now remains in full force and effect, as by duly authenticated copy thereof here in Court to be produced will more fully and at large appear; that a writ of injunction, in accordance with said decree, duly issued against said defendants, was served, and now remains in full force and effect. 15 And your orator further shows, upon information and belief, that the defendants, The National Gramophone Company, and Frank Seaman, and others acting in concert with them, well knowing the premises, since the grant of said Letters Patent, and since the acquiring by your orator of its title thereto, as hereinbefore set forth, within the said Southern District of New York and elsewhere in the United States, wrongfully and unlawfully and with the intent to injure your orator, and to deprive it of the just profits" resulting from said inventions, which profits otherwise would' accrue to it from the practice of said inventions, and without the license or consent of your orator, have both jointly and severally made, used, and vended, sound records and apparatus for recording and reproducing speech and other sounds, substantially as described in said Letters Patent Nos. 341,214", 341,288, and 375,579'. ana that the}still continue so to do, and are threatening to continue the aforesaid unlawful acts to a still larger extent, all in defiance of the rights secured to your orator as aforesaid, and to its great and irreparable loss and injury, by which your orator has been and still is being deprived of great gains and profits that it would otherwise obtain but for the aforesaid unlawful doings of the defendant; and vour orator further shows that the said defendant's, and each of them, have derived and received, and still are deriving and receiving, great gains and profits from such unlawful acts, but to what extent vour orator is ignorant and cannot set forth, and," therefore, it prays a discovery thereof. 16. And your orator further shows unto your Honors that the manufacture, use, and sale by the said defendants of sound-records, and apparatus for recording and reproducing sound, embodying, employing, or containing the inventions set "forth in said Letters Patent Xos. 341,214, 331,288 and 375.579 a"d their preparation for continuing, and their avowed determination to continue, the same and other aforesaid unlawful acts, in disregard and defiance of the rights of your orator, have the effect to, and do, encourage and induce others to venture to infringe said Letters Patent. 17. And your orator further shows, upon information and belief, that your orator and all persons making under the authority of your orator apparatus for recording and reproducing sounds and soundrecords, employing, embodying and operating or made in accordance with, the inventions described and claimed in the Letters Patent aforesaid, have given notice to the public that the same are patented and have affixed thereto the word "Patented," together with the day and year the said patents respectively were granted and your orator further shows that the said defendants were duly notified of their infringement herein complained of, but refused to desist therefrom, and still continue so to do. And your orator therefore prays as follows: 1. That the said defendants and each of them, be required, by a decree of this Honorable Court, to account for and pa} over to your orator such gams and profits as would have accrued or arisen, or been earned or received by the said defendants and each of them, and all such gains and profits as would have accrued to your orator' but for the unlawful doings of said defendants, and all damages your orator has sustained thereby; and 2. That the defendants, and each of them, may be compelled, by the order of this Honorable Court, to deliver up to the judicial custody for destruction, in manner to be provided for in said order, all infringing apparatus and sound records, in the possession of, or under the control of, said defendants, and each of them. 3. That the defendants, and each of them, their associates, attorneys, servants, clerks, agents, and workmen, may be perpetually enjoined and restrained, by a writ of injunction issuing out of and under the seal of this Honorable Court, from directly or indirectly making or causing to be made, using or causing to be used, selling or causing to be sold, any machine or apparatus or sound record embodying or constructed or operated in accordance with the inventions or improvements set forth in the Letters Patent aforesaid, or either of them. 4. That your Honors will grant unto your orator a preliminary injunction, issuing, out of and under the seal of this Honorable Court, adjoining and restraining the said defendants, and each of them, their associates, servants, clerks, agents, and workmen, to the same purport, tenor, and effect as hereinbefore prayed for with regard to said perpetual injunction; and 5. That these defendants be decreed to pay the costs of this suit; and 6. That your orator may have such other and further relief as the equity of the case mav require. To the end, therefore, that the defendants may, if they can, show why your orator should not have the relief hereby prayed, and may full, true, and direct answer make — but not under oath, answer under oath being expressly waived — according to the best and utmost of their knowledge, information, remembrance and belief, to the several matters hereinbefore averred and set forth, as fully and particularly as if the same were repeated, paragraph by paragraph, and said defendants thereto severally and specifically interrogated, mav it please your Honors to grant your orator a writ of subpoena ad respondendum, issuing out of and under the seal of this Honorable Court, directed to said defendants, The National Gramophone Company, and Frank Seaman, and each of them, commanding them to appear and make answer to this bill of complaint, and to perform and abide by such order and decree herein as to this Court may seem just. And your orator will ever prav: State of New York, ~| V ss: County of New York, j EDWARD D. EASTON, being duly sworn, deposes and says that he is President of the American Graphophone Company, named as complainant in the foregoing bill, that he has read the same, and knows the contents thereof, and that the same is true of his own knowledge, save of the matters therein stated to be alleged upon information and belief, and that as to those matters he believes it to be true; and that the seal affixed to said bill is the corporate seal of said complainant, and was by him affixed to the bill by authority of said corporation. Subscribed and sworn to before me this day of 1S9S. (Srapbs, 'pbones anb 'Scopes The Chronograph A new form of Chronograph has recently been devised with which it is claimed that intervals of time as small as the millionth of a second can be measured. This instrument is composed of a tuning-fork with a very rapid rate of vibration and a revolving cylinder whose velocity at the circumference is in the neighborhood of thirty metres per second. In the end of the tuning-fork there is a hole through which a pencil of rays of light passes and falls on the cylinder. By reason of the rapid movement of both fork and cylinder a curve is traced on the sensitive paper with which the latter is covered, and the intervals of time can be readily determined by inetrcepting parts of the curve. The Ventrilophone By the application of the laws of harmonics to the construction of the telephone a new instrument called the Yentrilophone has been invented, by means of which the human voice, music and other sounds can be transmitted with nearly the intensity of the original sound. The Yentrilophone's chief advantage lies in the fact that it is not necessary to shout into a transmitter and listen attentively with receiver at the ear, as in the case of the ordinary telephone. The speaker can stand in any part of the room and his voice will be carried to the other end of the line with enough force to be plainly heard. No bell is necessary to attract fJae attention of the person to whom he wishes to speak. Mr. Robbins, the inventor, has applied for a patent for the Yentrilophone, and as soon as it is secured will start its manufacture in Chicago. The Cardiaphone Dr. E. E. Schmidt, ex-Health Officer of Covington, has invented a medical instrument, which he calls the Cardiaphone, by which he expects to revolutionize medical diagnoses. It magnifies the sound made by the action of the internal organs of the body. It is the microscope of sound. A Post reporter, with his ear at the end of the hearing tube, heard the doctor's heart beating at the other end of the instrument several feet away. The doctor will apply for a patent. In speaking of his invention, Dr. Schmidt said: "I claim for my invention the following valuable points: Rapidity in examination, the advantage of being at a distance from patients when examining them, which is of considerable hygienic value to both practitioner and patient; exclusion of all other sounds save those that enter the drum of the instrument; possibility of actually penciling on the skin the action of the various organs of the body for further information regarding them. "I have already successfully used it in my private practice. I used it quite recently and with success, in locating a tumor of the heart. I had previously used my other instruments to ascertain its location, but without avail." — Cincinnati, O., Post. The Phonetograph Since the day when the production of Edison's marvelous phonograph opened new avenues of electrical research to experimenters, inventors have recognized the possibilities of a machine constructed on similar lines which would transmit the sounds of the human voice into writing. The perfection of an automatic writing-machine has been the dream of inventors, and even the great wizard of Menlo Park has unsuccessfully grappled with the problem. It has remained for a Worcester genius to evolve the phonetograph, and the announcement that a perfected writing-machine is in successful operation in Worcester will cause as great a stir in the scientific world as did the news of the production of the phonograph. "Any detailed description of the phonetograph at this time, " says the inventor, "would of course be premature. Before long, however, the construction and operation of my invention will be announced to the world in a form calculated to convince the most confirmed skeptic of its simplicity. Indeed, so simple is the basic principle of its operation that I can scarcely even now persuade myself that in the great field of electrical research, traversed as it has been by the great army of ex