Sevenoaks Part 56

"The plaintiff, in this case," Mr. Balfour went on, "brings an action for damages for the infringement of various patent rights. I shall prove to you that these patents were issued to him, as the first and only inventor; that he has never a.s.signed them to any one; that they have been used by the defendant for from seven to ten years, to his great profit; that he is using them still without a license, and without rendering a just consideration for them. I shall prove to you that the defendant gained his first possession of these inventions by a series of misrepresentations, false promises, oppressions and wrongs, and has used them without license in consequence of the weakness, illness, poverty and defencelessness of their rightful owner. I shall prove to you that their owner was driven to insanity by these perplexities and the persecutions of the defendant, and that even after he became insane, the defendant tried to secure the execution of the a.s.signment which he had sought in vain during the sanity of the patentee.

"I will not characterize by the name belonging to it the instrument which is to be presented in answer to the bill filed in this case, further than to say that it has no legal status whatsoever. It is the consummate fruit of a tree that was planted in fraud; and if I do not make it so to appear, before the case is finished, I will beg pardon of the court, of you, gentlemen of the jury, and especially of the defendant and his honorable counsel. First, therefore, I offer in evidence certified copies of the patents in question."

Mr. Balfour read these doc.u.ments, and they were examined both by Mr.

Cavendish and the court.

The name of Paul Benedict was then called, as the first witness.

Mr. Benedict mounted the witness stand. He was pale and quiet, with a pink tinge on either cheek. He had the bearing and dress of a gentleman, and contrasted strangely with the coa.r.s.e, bold man to whom he had been indebted for so many wrongs and indignities. He was at last in the place to which he had looked forward with so much dread, but there came to him a calmness and a self-possession which he had not antic.i.p.ated. He was surrounded by powerful friends. He was menaced, too, by powerful enemies, and all his manhood was roused.

"What is your name?" asked Mr. Balfour.

"Paul Benedict."

"Where were you born?"

"In the city of New York."

"Are you the inventor of the machines, implements and processes named in the doc.u.ments from the Patent Office which have just been read in your hearing?"

"I am, sir."

"And you are the only owner of all these patent rights?"

"I am, sir."

"What is your profession?"

"I was trained for a mechanical engineer."

"What has been your princ.i.p.al employment?"

"Invention."

"When you left New York, whither did you go?"

"To Sevenoaks."

"How many years ago was that?"

"Eleven or twelve, I suppose."

"Now I want you to tell to the Court, in a plain, brief way, the history of your life in Sevenoaks, giving with sufficient detail an account of all your dealings with the defendant in this case, so that we may perfectly understand how your inventions came into Mr. Belcher's hands, and why you have never derived any benefit from them."

It was a curious ill.u.s.tration of the inventor's nature that, at this moment, with his enemy and tormentor before him, he shrank from giving pain. Mr. Cavendish noticed his hesitation, and was on his feet in an instant. "May it please the court," said he, "there is a question concerning ident.i.ty that comes up at this point, and I beg the privilege of asking it here."

The judge looked at Mr. Balfour, and the latter said: "Certainly."

"I would like to ask the witness," said Mr. Cavendish, "whether he is the Paul Benedict who left the city about the time at which he testifies that he went away, in consequence of his connection with a band of counterfeiters. Did you, sir, invent their machinery, or did you not?"

"I did not," answered the witness--his face all aflame. The idea that he could be suspected, or covertly charged, with crime, in the presence of friends and strangers, was so terrible that the man tottered on his feet.

Mr. Cavendish gave a significant glance at his client, whose face bloomed with a brutal smile, and then sat down.

"Is that all?" inquired Mr. Balfour.

"All, for the present," responded Mr. Cavendish, sneeringly, and with mock courtesy.

"May it please the Court," said Mr. Balfour, "I hope I may be permitted to say that the tactics of the defendant are worthy of his cause." Then turning to Mr. Benedict, he said, "I trust the witness will not be disturbed by the insult that has been gratuitously offered him, and will tell the history which I have asked him to tell."

Mr. Cavendish had made a mistake. At this insult, and the gratification which it afforded Mr. Belcher, the inventor's pity died out of him, and he hardened to his work.

"When I went to Sevenoaks," said he, "I was very poor, as I have always been since. I visited Mr. Belcher's mill, and saw how great improvements could be made in his machines and processes; and then I visited him, and told him what I could do for him. He furnished me with money for my work, and for securing the patents on my inventions, with the verbal promise that I should share in such profits as might accrue from their use. He was the only man who had money; he was the only man who could use the inventions; and he kept me at work, until he had secured everything that he wished for. In the meantime, I suffered for the lack of the necessaries of life, and was fed from day to day, and month to month, and year to year, on promises. He never rendered me any returns, declared that the patents were nearly useless to him, and demanded, as a consideration for the money he had advanced to me, the a.s.signment of all my patents to him. My only child was born in the midst of my early trouble, and such were the privations to which my wife was subjected that she never saw a day of health after the event. She died at last, and in the midst of my deepest troubles, Mr. Belcher pursued me with his demands for the a.s.signment of my patents. He still held me to him by the bestowal of small sums, which necessity compelled me to accept. He always had a remarkable power over me, and I felt that he would lead me to destruction. I saw the hopes of years melting away, and knew that in time he would beat down my will, and, on his own terms, possess himself of all the results of my years of study and labor. I saw nothing but starvation before me and my child, and went down into a horror of great darkness."

A cold s.h.i.+ver ran over the witness, and his face grew pale and pinched, at this pa.s.sage of his story. The court-house was as still as midnight.

Even the General lost his smile, and leaned forward, as if the narration concerned some monster other than himself.

"What then?" inquired Mr. Balfour.

"I hardly know. Everything that I remember after that was confused and terrible. For years I was insane. I went to the hospital, and was there supported by Mr. Belcher. He even followed me there, and endeavored to get my signature to an a.s.signment, but was positively forbidden by the superintendent of the asylum. Then, after being p.r.o.nounced incurable, I was sent back to the Sevenoaks alms-house, where, for a considerable time, my boy was also kept; and from that horrible place, by the aid of a friend, I escaped. I remember it all as a long dream of torture. My cure came in the woods, at Number Nine, where I have ever since lived, and where twice I have been sought and found by paid emissaries of Mr.

Belcher, who did not love him well enough to betray me. And, thanks to the ministry of the best friends that G.o.d ever raised up to a man, I am here to-day to claim my rights."

"These rights," said Mr. Balfour, "these rights which you hold in your patented inventions, for all these years used by the defendant, you say you have never a.s.signed."

"Never."

"If an a.s.signment executed in due form should be presented to you, what should you say?"

"I object to the question," said Mr. Cavendish, leaping to his feet.

"The doc.u.ment has not yet been presented to him."

"The gentleman is right," said Mr. Balfour; "the witness has never seen it. I withdraw the question; and now tell me what you know about Mr.

Belcher's profits on the use of these inventions."

"I cannot tell much," replied Mr. Benedict. "I know the inventions were largely profitable to him; otherwise he would not have been so anxious to own them. I have never had access to his books, but I know he became rapidly rich on his manufactures, and that, by the cheapness with which he produced them, he was able to hold the market, and to force his compet.i.tors into bankruptcy."

"May it please the Court," said Mr. Balfour, "I am about done with this witness, and I wish to say, just here, that if the defendant stands by his pleadings, and denies his profits, I shall demand the production of his books in Court. We can get definite information from them, at least." Then bowing to Mr. Benedict, he told him that he had no further questions to ask.

The witness was about to step down, when the Judge turned to Mr.

Cavendish, with the question: "Does the counsel for the defendant wish to cross-examine the witness?"

"May it please the Court," said Mr. Cavendish rising, "the counsel for the defense regards the examination so far simply as a farce. We do not admit that the witness is Paul Benedict, at all--or, rather, the Paul Benedict named in the patents, certified copies of which are in evidence. The Paul Benedict therein named, has long been regarded as dead. This man has come and gone for months in Sevenoaks, among the neighbors of the real Paul Benedict, unrecognized. He says he has lived for years within forty miles of Sevenoaks, and at this late day puts forward his claims. There is n.o.body in Court, sir. We believe the plaintiff to be a fraud, and this prosecution a put-up job. In saying this, I would by no means impugn the honor of the plaintiff's counsel.

Wiser men than he have been deceived and duped, and he may be a.s.sured that he is the victim of the villainies or the hallucinations of an impostor. There are men in this room, ready to testify in this case, who knew Paul Benedict during all his residence in Sevenoaks; and the witness stands before them at this moment unrecognized and unknown. I cannot cross-examine the witness, without recognizing his ident.i.ty with the Paul Benedict named in the patents. There is nothing but a pretender in Court, may it please your honor, and I decline to have anything to do with him."

Mr. Cavendish sat down, with the air of a man who believed he had blasted the case in the bud, and that there was nothing left to do but to adjourn.

"It seems to the Court, gentlemen," said the judge in a quiet tone, "that this question of ident.i.ty should be settled as an essential preliminary to further proceedings."

"May it please your honor," said Mr. Balfour, rising, "I did not suppose it possible, after the plaintiff had actually appeared in court, and shown himself to the defendant, that this question of ident.i.ty would be mooted or mentioned. The defendant must know that I have witnesses here--that I would not appear here without competent witnesses--who will place his ident.i.ty beyond question. It seems, however, that this case is to be fought inch by inch, on every possible ground. As the first witness upon this point, I shall call for James Fenton."