V I Ni IFC AT I 0N
BYWILLIA'M IOTYT
Or HIS, RIGHT, BY LETTERS- PATENT,,ist first Inven:tor of  Locomotives for Ascending  ann
Djscending Inclined Planes.
In addressing the public-on a subject relating tothe private affairs
of a citizen,, it is proper to state the reasons which have induced
the writer to trouble his fellow-citizens with the history of his
private business-  My apology for thus troubli)g you at this time,
fellow-citizens, is, that you have already, through the newspapers
of our county, and by rumor, been apprised that a controversy exists between myself and Andrew Cathcart, in relation to the improved
plan of constructing locomotives for ascendiing and descending inclined planes of Railroads, now in successful operation upon the
plane of the Madison and Indianapolis:Railroad.  The point of
controversy is. who first invented said improvement, Mr. Cathecart
or myself.  I wish simply to state the facts inreference to the inyen tion of said improvement, as they stand upon the record, sworn
to by respecta ble citizens of our county, and let the public judge
between us whether Mr. C. or myself is entitled to the credit and
profit of said improvement.
The facts are, that in the spring of 1840, 1 made a model of said
invention at the Railroad depot at North Madison, which model had
not attached to it the movable wheel, adjusted to the~ unevenness or
irregularities of the track, by means of a; lever: operated upon by
weights and springs, as patented by me on-the 17fh day of April,
1849.  Within two weeks after making said: model. (as Shown'by
the testimony of flames Davidson,) 1 discovered the necessity of
avting] the cog or pinioni wheel thttt works into. the cog rack situate




in the centre of the track, movable, so that it could be elevated or
depressed, in order that the teeth of the cog or pinion wheel would
work into the teeth of the cog rackj nothwithstanding the unevenness of the track. By the unevenness of the track, I mean the
elevation or depression of the side rails of the road, above or below
the cog rack which is stationary in the centre of the road. Having
discovered the principle of the movable wheel, I found that it was
necessary to apply lever power to said wheel to keep it constantly
in gear with the stationary ccg rack; hence it was that I discovered
the application of the lever to said movable wheel, operated upon
by weights or springs, as hereinafter described.  Both these improvements, viz: the movable wheels and the lever operating upon
it as first described, were made in the spring of 1840, within two
weeks after I had made my first model. I took my model to Baltimore, Philadelphia and Washington city, the same spring for the!purpose of inducing men of capital to aid me in procuring a patent
and putting the improvement into practical operation, but in this
endeavor I failed, and was not able, even to procure a patent for my
invention until April, 1849.
In 1840, 1 filed in the patent office at Washington, specifications
for myim-provements, thereby giving notice to the world of my
discovery.
In the fall of 1844, or spring of 1845, I was introduced to Andrew Cathcart, Esq., a Scotchman, and then foreman in the machine
shop of the Railroad Depot, and made known to him my invention.
About one year afterwards, I learned that Mr. C. had gone to Philadelphia to construct a locomotive upon the plan of my invention,
and had taken with him a model of said invention to deposit in the
patent office at Washington City, for the purpose of procuring a
patent for the same.
In the spring of 1848, Mr. C. returned from Philadelphia, bringing with him a locomotive constructed upon the plan of my inveation, and by a contract with the Ra,lroad company, put said locod
motive upon the plane of the Madison and Indianapolis Railroad,
where it has been in successful operation ever since.
Said contract is set forth in the deposition of W. N. Jackson,
Secretary of said Road, by the terms of which agreement the Company advanced the funds to build said locomotive, and became the
purchaser of said improvement, provided it could be brought into
successful operation, and that Cathcart would secure thenm by good
and legal letters patent. Upol this subject, particular attetuio,




requ-ested to the deposition of Mr. Jackson.  Upon exanmaintg the
-locomotive of Mr. C.. I found it was constructed upon the sarme
principle of my invenltioa.  I immediately notified the Railroad
company of this infringementt and forbade the use by any and all
persons whatsoever of said invention, as it of right belonged to rne
as the discoverer.  As soon as i laid claim to the invention, the
Railroad company and Mr. C. attempted by every means in their
iower, fair or foul, to prejudice the public against my title to said
discovery; indeed they seemed to regard it as the heighth of presumption in an humble individaal, straggling hard against poverty, to
obtain his daily bread, to set upan honest and rightful claim against
a rich and usurping corporation that has neither a bcdy to be clothe'and fed, nor a soul to be saved.
Notwithstanding the opposition of the Railroad Company, and
ils emissaries, W. N. Jackson and A. Cathcarth who made a visit to,
Washington City to prevent the issuing of a patent to me, and to.
secure one for Cathcart, alias the Madison and Indianapolis Railroad Company.  I succeeded in April last, ill procuring my patent,
the (then) Commissioner, Edmund Burke, Esq., deciding in favor of'
mny application against Cathcart.'One specimen of the fair dealing of Messrs. Jackson & C.,  will givea'to the public. They procured a model similar to the first model
which I made in 1840, and took it to the Patent office at Washing: —
ton, representing it as my improvement, when they knew that:
had discovered and actually made upon a second model in the same
year and within two weeks after I had completed my first modeLs
the improvements of the movable wheel, by means of weights or'
springs.  Since the issuing of my patent, Mr. C. applied for a. patent, claiming to be the original inventor. and the new Commission.
er, Mr. Ewbank, under the law prescribing his duty in. case of con.
flicting applications for the same invention. appointed the fi rst Monday of September last, to try and determine who;was entitled to the
invention by priority of discovery.  Mr. Ewbank, our new Coramissioner, decided that A. Cathecart was the first inventor of the,
improvement.  The priority of invention, is the only question upon,
which the Commissioner can pass his judgment under the:pateat
laws, and yet Mr. Ewbank decided that CG. was entitled to priority
of invention, in direct opposition to, the sworn statements of James
Davidson, Samuel Thomas, James Patton and Enoch D. Withers,
all respectable, honest citizens of our own county, and, Henry T.
Smith and Warrena Little, of Washing.ton City, in whose shop I hia




my, modeIl in' 1840, with the improvement: of the  movab i
wheel and the lever.  The only- testimony Cathcart had or could:
produce, shbowed conclusively that his pretended discovery was not
made earlier than the Springof 1845, or the Fall of 1844.  I challenge a denial of th;is'statement, and can and will show by Cathcart's owN DEPOSITIONS, if it is controverted, that my statement is
strictly and literally correct;  Mr. C. gave, mc notice that he would
commence taking. depositions at the Railroad office in the city of
Madison, to be read'before the Commissioner of Paients at the hearlag of his application for a patent,. Accordingly, on the 17th day
of August last, we commenced taking depositions on my competitor's own territory; vi-z: the  ia'ilroad office.  Why this place'was
selected by Mrl. C. will appear hereafter.
In the centre of the room stood a long table, at its head:sat John
Brough, Esq., President of the Railroad company, fronting the witnesses that were called upon the stand todepose.' On his righttsat
the Ex.Governor of Oregon, Joseph G. Marshall, Esq.-, and ncxt to
him, M. G. Bright;, Esq., both stockholders and, directors of the
Railroad company, both acting on thls'.occasion as the attorneys of
A. Cathcart-having previously protested when notice was attempted to be served upon them by me, as Cathcart's attorney's, (he being
absent from home,] that they were'not employed by C;, but by the
Railroad- company. Notw ithstanding the ack nowledged ability and.
high legal attainments-of Messrs. Marshall and Bright, they were
not sufficient in the opinion- of Cathcart, alias the Railroad compoiiy, to manage the case correctly; therefore, Mr. Brough was called
in to counsel and advise, andin  fact to conduct th'e examination of
the witnesses.  One reason, among others, why Mr. Brough aided
in the examination- of the-witnesses was, no doubt, the.factl thatt
Cathcart's witnessess beiling' (c'7ie fly employees of the Railroad'Co.m-n
pany, and Mr. Br)ough, as President of the Company, haci3it in his
power to build up:or tear down whornsoever he pleased, might,' by
his presence, influence and give (direction to testimony.  By the
use of the:iterms, "influence and' give direction to testimony.'" I do
not mean tocharge any of the witnesses with. false swearing.. I
wish simply-ito state facts, and let the' public judge of results, and
ideduce conclusions fiom the premises;  The reason for selecting
the Railroad office as the place' of taking depositions, would have
been obvious to any one in'the least conversant w.th the /ontrover.
sy, who was present during the examination of the witnesses.  In
1sle:bu-ilding.'where'the Railroad:office is located, ale a number of




ro0oms which served, on this occasion, the place of ante-rooms.'A
wvitness wasbrought up  stairs prior to his examination, ushered into
o.ne of those ante-rooms, where he was confronted by Mr. Jackson
or the Old Fox (Brough) himself.  What occurred within the
walls of the ante-rooms, i. leave you, fello w-citizens, to judge.
Not having the pecuniary means of the Railroad company, I was:ot able to em ploy as many or as experienced counsellors as my opponents, and therefore relied solely upon John A. Hendricks, Esq,,:a yVounlr man, in justice to whom  I must say, managed the case to
mry entire satisftction' t employed Judge Sullivan to assist Mr.
Ilendricks in taking depositions, but the Judge having become disgusted, abandoned theocase in a few hours in a few  hours fron the
c,.ommenement of t-aking the depositions, because of the cou'rs'e.
pursued on the paw't of the'President of the Railroad and the other
managers, in persisting to direct the answers of the witnesses in
their answers to questioIrs.  Had it not been for the kindness otf my
young friend, Mr. Iti, I would have been left at the mercy of the
IPhilistines.
i will nowi give such parts of the testimony as are material, and.eortinent to the controversy between rnyself and Mr. Cathcart, alias
iho Railroa(d company, and leave mry case, for the present, with my
fellow-citizensl.  It will be hereafter left to a jury of omy countrymen,
at Indianapolis.  I would publish the whole testimony on both sideis
Lut for the reason that- I am unable to bear. the expense.
T e S T i Im   N VY 
PART OF SAMUET L THOMAS' DEPOSITION.
QUC:sTIoN 3d, by Hoyt-State when Hoyt first disclosed to you his
inventions-his description of the samrne, and, generally, all yon
know about it-and whether the drawing here presented you, marked
<exhibit "A" with the namne of G(am'l Taylor there under written,
is a correct description of said improvement, so far as the movable
-wheel, bridge-trees, lever and springs, or weights are concerned.
ANs. —To the best of my knowledge it was itl the spring or summer of 1840, Hoyt made a model at the shop of the Railroad comrnpany, at North  Madison, of a Locomotive, embracing the track
and wheel, on which there were two cog wheels.  These wheel-s
weroe both stationary; one wheel was on the axle of the driving




wheelt which works into a larger wheel, which wheel' was ona sea.,
arate shaft other than the axle of the dilving! wheel, and worked.
into a rtck in- the centre of the track.  Aftle  he had said model
made, he discovered it would not answer.  He then stated to me
that he had discovered another way, and that was the spur wheel
that geared into the rack, which was to accommodate itself to the
unevenness of the track by means of a movable bridge tree attached
to a lever, which lever pressed the spur-wheel iljtO the rack.  t
believe the drawing here presented, marked exhibit "A" so far ass
the movable wheel, bridge tree and lever are concerned, is correct.
Q. 4, by same.-.-You say that after Hoyt had made his model in
tCe spring or summer of 1840, that he made an improvement upon.
it. State how. loang it was after said model  was made?
ANs. —lt was within a month.
Q. 5, by sa me.-W hat is you r business or occupation?  How long
lhave you been engaged'in said business?  Were you ever employed.
by the Madison and, Indianapolis Railroad company, and how  long
were you employed by said company?
ANs. —I am a machinist, and have been engatged in said business
some twenty years,  I was encaged in buildilng locomotives several
years.  I was ernployed by the company of the Madison and Indinnapolis Railroad- and by the State some six or seven years.  I was.
superintendent of machinery while in said employ.
Q. Gth. —Did you help Hoyt make his first model to which yaik
have referred? and state if you are aware of the fact why H-oyt dird
not put his- improvement in said model?
ANs.-I- helped Hoyt make his first model; I done some turning
fobr him; he wanted to make some irnprovements, and I advised him
not to do it until he would go to Philadelphia and see Mr. Ba!dwin-a.gal3l, in is an engine builder. I suppose this is the reason he did
not put his improvement on said model.
JABies DAVIxDSON-of lawful age and sound mind-being produced
and sworn, deposes and says:
QUESTIfN lst. —By Hoyt's Attorney —low long have you been
acquainted with William  Hoyt-where does he reside, and what is
his business or occupation?
ANswER:. —I have been acquainted with William  Hoyt aboue
twenty years- he now resides in Dupont, in Jefferson county, in
Indiana-generally occupied in mechanical operations, getting out.
patents, &c.
Q. Ud. —Where do you reside-and what is your oceupatiom?.




A is.-.-I reside in Jeffersbn tounty, Ind.-I have resided in, sai&d
county for thirty-five years, last past-the first part of my life, fi
fbllowed the business of millwright, say for ten years, since then L
have lived oh a farm, and engaged in running mtills.
Q. 3d.-Is the trade or business of a millwright of such a nra
ture as necessarily to acquaint one following that business intlmrazt=ly with the structure and operation of machinery?
ANS -I think it is.
Q. 4th.-Did Mr. Hoyt ever disclose to you the fact that he had'
discovered and invented an improved plan for the constructionb of
Locomotives, for ascending and descending inclined planes on RaiV
roads? If so, state the time when he made the disclosure, and his.
explanations of his invention or ImproVement.
ANs. —He did make a disclosure to me of his improvement.
The first of his models he showetd to me was in Madison, in the.
year 1849.
Q. 5.-State, from your klnowledge and recollection. the inven-.
lion and improvement of Mr. Hoyt, as disclosed to you; in the year
1840 —and state wbether or not be made an improvement on his invention-the tin!e when he made said improvement —and when h,!
disclosed the same to you?
A is.-'The model then made was of four car whyeels, and one cogs
wheel to work into the rack.  That was geared: on the axle of the
driving, wheels, which wheel received its power from a pinion on.
an intermediate shaft.  The cog track  laid between the rails.
Some two weeks after I saw the model, I ob.ected to it,on account
of its getting out of gear, and breaking, on account of the uneven-.
ness of the track.  A short time afterwards I saw hiim at the Depot, with the samr  model, at North Madison.  He then said that
he had obviated that difficulty.  He then went on to dqscribe the
improvement — that he was going to have: an intermediate cog-wheel,
so constructed with bridgetrees or conne.ting rods as to play up and
down and accommodate itself to the- unevenness of track, to be
held down to the rack by meansiof a lever, with weights or springs
at the end of said lever;  I had no wnderstanding that it was to be
more than a common locomotive, only that the intermediate or
movable wheel conveyed the powesr fiom the, pinion to the racko.
This disclosure' was made dutring fhe summe;,of 1840.
Q. 7th,-Did Hoyt so plainaly disclose' his invention or improve:s
anent that       h s me.e zLM: ctriruct th.e  ah.iine amnd  adapt Ji
to &.m




zs.d —..iA rnlecehanic:wo'uld;  think.  I have n doubt a:e:ecauri:could have constructed:and adapted it to use.
Q.8.-State, if, you- know the fact, whether or not Hoyt has
been engaged in improvi-ng, and perfecting his invention for useo
ever since his discovery of said imtnprovem-ent.  State whether you
know Hoyt's circumstances, aind if he has not made every exertion
in his power to procure a patent for his invention.
ANs.-I do not know that he has been engaged ever since his
disclosure to perfect his improvement.  I know he has used a good
deal of exertion to periect his plans,:put them  into operation, and
-obtain a patent-and that he has -made;other improvements tha;n
those above described..Mr. Hoyt is poor in his circumstances.  I
know that he endeavored to obtain funds to enable him  to obtai-n
a patent.
Q.;9 —Was it known to the public that Hoyt had invented;  new
plan for the construction of Locclmotives for ascending and descendeng inclined planes on Railroads.-and has. it;not been gencrally,talked -about fiom the year':A 840 to the present time.
ANs.-The:improvement of Mr. Hoyt has been talked about a
good deal, and ftom the year 1840 to the present time, has beea
generally hknown, so fiar as my k1nowledge extends about it.
JAi:Es E. PATTON, of lawful age, being next called to the stard,
and being by me duly sworn according to la-vv,. depose th and says;
QUESTION 1st by Hoyt.-Are you acquainted withn Wlliam  Htoyt,.and how long have you known him?
ANS.-l am acquainted with William Hoyt, and:have known him
f(or 22 or 23 vears.
Q.,by samel-Did you ever see a model of said Iloyts? if so, describe it, and state whenland wh.evre you saw it.
ANSI —I have seen ~a model:of Mr. Hlovt's of.a locomotive for
planes of railroads.  Betweeln the years 1841 and.184'2. I went to
MIr. Hoyt's, aid stayed,all n-ight. there.  After supper, Mr. HIoyt
pulled a model out firom under the bed..ie (Hooyt) rin it over the
floor, and run it up on a rack.  t1had:Tour car wh-eels;and,a frame.
two cog wheels-a small one-and a large oi-e  the;large one worked
in a  cog rack,'and, the -little  wheel woarled -into the big one.
There was a lever attached to the big -wheel.  The track was unlevel when the lever,worked u.p and dowin,.  Th.e rac:k was in the
eeat re.
Q.; 3d, by same —Examine the exhitiltmariked -4' Aw'9 wtith, the name
of Gam'l'l'aylor, J. P., thereunto.ain,.exed4, =a&,i 4,,,:,4, 6th:k 440-&4,-:ompares w.ith said.ex[hibLt2




ANs. —The mov;able -wheel'that worked into the racek,  o:nd t;I'f3
pinion wheel on the pinion shaft, thut worked  into the' mlovable
wheel: are the satme as the model of Hoyt's I saw.  It had the up.l
rightt pieces in the gearing of the lever- s'haft,'and a single lever.'rhe lever k}as connected with the wheel, and worked up and down,
which was caused by the unevenness of the track.  There was no
other wheels inside the model than here described.  I am by occupat.ion a  larmer-                          J A M'ES C. PATTONr.
Subscribed and sworn to, before me. thlis 22d d a  ot Aulg ust, 1 g49.
GA M'L TA YLt -I, J. P. [Seal.]
PpRT OF:Mit-. P PrITEXeS' DEPOSItTION.-Q. 3d, by'HLoyt's attorney.!lave you seCn any othler  model of Hoyt's for the same improvement?  If so, state when you saw the same-where you saw it-.describe said model.
aas,. —I saw  another model of MI. Hoyt's as;-near.  as I ca:] re-:ollect itn tile yea  18 4.2.  The said model. was in my house.  3
kept a boarding house and stage oefice.  Said model remained i'n
my house from one to two nmvnlths.  It was a model with foulr car
Nwheels, and two cog'wheels infside the rrodel.'One vas a smai
onre,, and the other a iarge one; "the  larger wheel woi'ked into a cog
rack that was!aid 4in the centre of the track.  Said wheel was oe-)
orated upon by a lever connected wvith said cog wheel by a bridge
tree or connecting rod.  Said lever raised upt or pres'od down ttoie
wheel that worked into the lrack, according to the ullevettnness of tiht.
track. as the car moved over the track the lever btobbed tip arol.ilown when the track was uneven.
John Brough, Esq. alias the old Fox,-aend hisenommissaries, V,.  N.
Jacckson, 0 Eq., and A: Cathieart, have bteen busily  engaged  for the
last year t' aitempting to p[regtldice the Public }agz aittst toy  ttt-e to,
the imprroverent now in controversy between'myselftni  Ctn-altN-t
alias the R. R. Co, by circulaling the report, that my  nriodel aConl
Npecifihcattios swere taken  fr'om Cathcart's in'venl1ii-n.'Ins'dd 1Ititou
to tkhe -testirmony that C's discOvery was not made p:lijr to fhthe fa'l  of
1844 o rspring of 1 84j-, and that rmy invention wa.s acutal}y di'Sa;ve'ir ed
nd the mrrloel rmuade in 1849 to' 8434, I give the depositions of. Cotl.
V. C. Barnmwell:as to the time whei my, specificatlions were: dratefd
Iy him.  Every citizen of Jefferson County knows who Coi. aBra~rr:-'velli is. and what his report fur inlegrity.  The Col. testifies that
he drew uip my specification in the sumrner'or   fall rif 81847, mri(e thain
Osix months before Cathcart brought to Madiso n the locomiotive:onstructed 0pon:his.pretended discovelry.  How'ten, feltl;oiw  cit




to
Zions, could l ht:ave stole C's invention unless indeed, C. vtountarllvt'.
disclosed the same to me which is not pretended, but I forbear to;
make an argu ment of the same.  Read the testimony for vourselves,
W. C.  BRABInWELL'S   DEPOSITION.-QJUESTION  1st, by kloyl —Are
you acquainted with Wi'lliam Hoyt?  Did  you  draw specifications.
for said Hoyt of an invention for the construction of locomotives for'
ascending and descending inclined planes in Rail Roads-If sstate whenr you drew said specification?
ANs. —I am acquainted with  William  Hoyt's and drew  for him
specifications of said. inv.ention,.in the fall -or summer of 1847.  it
d ew said speci:fir-ations from Hovt's.description of his invention.Said ittventioqn was so. fiully an,d clea.rly explalnedto me that I un —
derstood  it.  Any mechanic skilled in the art to which it appertains lhave cpostrscted a locomotive from the description given mt
upon the plant or principle of said invention and have adapted  it tW
Se,.
Q.. 2ddbysa,?ze.-rEx;mine tlhe drawings marked exhibit D. and
state if it is a correct discription of Hoyt's invention for which  you
drew specfiications as above stated:?
ANs. —lIt is a correct description of said' invention so ffir as the,
l)inion wheel. the intermediate cog wheel that worked into the rack.
the fridgetrees or connecting rods attaching said intermediate cog
vwh:eel to the, leer, are concerned.  Said lever is operated upon by
weJihts oi. sp-rings so as to adjust and accomodate said  inter nediate
c'O  whe-e'nto the uneveness of the track and further the said affiant
saii nol;ot
It is a fact worthy  of notice, that almost every witness examined
on Lehalf onf Cathcart, were employees of the Railroad Company,
and, as..stch, subject to 1 rrovai by Mr. Brough, as President of the
Road.  Some of these. witnesses were not only employees of the,..i ailroad Coml)any   t  e, andi still are, stockholders in said,
Cornpnny.  W\~. N. Jaclson, none of; the chief witnesses of Cath.-.
cart. is. nqt qnly the cletk of the Company, but is also a stockholder.
in the Pond.  Solon Bramwell stands in th.e sarne relation to tie,
l:oad as rt1. Jackson, except that he is not a stockholder. being a:lerk and ticket-master in tihe sate.  George Peterman, Benjamin
MlcKeehan. Mr. Prindle. and Wrn. C 0opeland, makirg up the maiprity of Cathcart'a list of wituesses are all employees of said Company.  And upon the testimony of these men-hotest, no doubt,
in their intentions, yet prejudiced against me, as they must be, by
tle relation which they sustain to the Railroad Compnqy —was the,




controversy between Mr. C. and myself adjudged, by the Commissioner of Patents, notwithstanding that it was proven that the Railroad Company had an interest in the result of said controversy, by
the contract existing between the Company and Cathcart.
As a sample of the spirit and manner in which George Peterman,
Esq., the foreman of the machine shop of the Company, testified,
I will here insert his deposition, and also the depositions of J. A.
and WXV. P. Hendricks, contradicting him In a material point —-viz:
as to whether my model had or had-not the lever attached to if,
when exhibited at the office of J. A. I1endricks, in tlhe city of
Madison.
GEORGE PETERMAN-Of lawfiil age and' sound mind, being first
dlly sworn, deposes and says:
QUESTION —By Ca/hcart's Altorney. —Are you acquainted With
the improvement claimed by William Hoyt, foi Locomotives on in-:lined planes? have you seen any models or drawings of the same?
If so, state at what time and place-and describe said models or
Orawings, so far as the pinion and application to the track were
conce in ed.
ANswEER.-I am acquainted with the improvement claimed by
1Mr. Hoyt, for locomotives on iilclined planes. I saw a model of itr.
Hoyt's in Mr. Bendrlicks" law office, in this city, in the latter pa!z
of 1848, I think.  I have just made a drawing representing the
side and firont view of the model.  Mr. Hoyt called me into his
office at the time, and showed me his model, and explained it to nie.
He caught hold of the crank and moved it backwards and. forwards
to show me the movement.  I told him, then, that there was one
thing wanting to it —that it did not equalize on the rack and rail+two levers sought to be put on it, with a spring or screw to hold it
into the rack, aflter taking it out of the solid boxes at the side, and
make a connection from the main dr'lvng wheel to the iniermediale
shaft, to suit the Inequalities between the road and cog rack-other:wise it would be good for nothing.:His model had two pinions, one on the main driving wheel shaft
of the car, and one on the intermediate shaft.  The pinion and the
Ittermediate shaft worked into the cog rack in the middle of the;rack.
Q. by Catlicart's atorney.-Was the cog wheel on said model that
worked into the cog rack movable pr stationery?  Had it any perpendicular motion?  Was there any gearing attached by lever or
otherwise to put said wheel in or out of gear, and had it any means




12I
of a.eommodatintr i-tselt' to the uneveness3 of a'RAil'  Ro:td t'r ai
I-low twould an engine built after that model operate ona a track
wvhere the side rails wera higher oor1lowel' than the cog rack on track4?
ANs, —The cog wheel on said model that' works into tie cog'rac
was st;atiQnary on the int&ermediate shaft, and also on the levers  it
nad  no perpendicular motion.  There was no gearing.attached by!ever'sor otherwise to put said wheel in oraout of. gear.   t had no
melans of accommodatilng itself to the' unevenness of a railroad track.
A locomotive constructed after that model if the side rails were higher than the cog trac'k the cwgllwh ueel would not keep in gear with the
cog track,.  If the side rails were lower than the cog rack it would
be likelvy ither to bend orb.reak  tihe intermnediate shaft or throw
-4he engine otf' the track.
1 have introduced the testim onv of  Mr. Peterman to show how
recklesq the witnessesof nmy advfersaries have been in their statements, and how variant is Peterman's testimony to that of Messrs.
J. A. and W. P. -lendricks, sonas of ~Ex-Governor Hendricks. who
had a better opportunity to exxamnile the model, arnd, therefbore, here
insert them.
JOI-N A. HANDRIcKs, of Iawfuil age being first duly sworn according to law deposeth and.sait h:
Sometinme in the summer of 1848 I was employeil by Mr. Hoyt,
as an attorney, to apply for a partent for an invention  for the colstruction of locomotives for ascendng  and descending  inclined
planes on Rail RToads.
After my enlagaement, late in the summer or fill of said year, Mr.
Bitoyt brought to my office, situate one door north of the post office,
OR WVeest st., Madison, Indiana, a modet of his said invention or improvement,  Said model was similar to the drawninga of the exhibit, D so far as the pinion wheel, intermediate cog-wheel Bridge trees.
or connecting rods anld levers, are concerned.  it had, also,;to my:-best recollection, the sliding wheel'lock by the gearing of said model
It had also attached to it on the front. part of satd model, machinery
for sweeping the cog track, by means of revolvinvg broonls.  Said
model is the only one ever brought to my office by Mr. Hoyt or
Uany other person to mny knowledge.  The affidavit of Samuel Thomas in relation tot Hoyts improvement, above referred to was carefully and fully explained to said Thomas before he subscribed  or wag
sworn to the same, and further saith not.
iEP0sITION? OF WrV. P. HEYNDRICI(S. —QUESTIoN by Tfoyt.-Are youl
actquainted with Hoyt.;NS -— I amt




'. 2d bI Hboyt.-D-id you, ever see a model of Wilam I-loyt's for:
the constrUC.tion of a locomotive for ascending and descending  inctlined planes on Railroads?  If so, state when and where yon   saw.t, and describe said model.
ANs.-.I saw a modei orf said Hoyt's' fo6-the construction' of loconiotive for ascending and descending inclined  plainos of Railroads.  }
saw said'model int the' rmonth of October 1848,' at the office- of John A.
flendricks, in this city.  It was a wooden model, having  six car'
wheels as I now recollect- it.- There were several cog wheels, one,
wrorked-into a'rack *which was situated in the- centre, of the track,
and raised up or pressed do-wn-, according to the uneveness of tlotrack, by a lever which -cot wheel was attached to the lever by ii
blidgetreeor connecting Tods; This is the oly-model l ever saw of
the kind.  I have been in said ofice -ever since the first of June o,r.iuly 1848, engaged in the study of Law.  I was staying in said offibe  at the tiwe-l- oyt employed John-A. EIendricks as his- attorno',
in this case. to Vtoytl's fetching  his mnodel to said cfiice.: At t'e`
time I saw said model, there was a -weight on — said lever, showin..
the principle on which it operates, in- accommodating the inlerre.,
diate cog wheel to the uinevenness  of ihe track.  I his is the ou,-},
model of any kind b:ought to or exhibited at said offlce since 1 huav
beeul there; and firtlher this deponent taith not.
PART OF TIHE C'RosSEXAMINATION OF NMa.R.ACISON.-QJES10TiO —..
by Hoyt's Attorney.- Youl;say that in or a'lter June, 1848, you saw
Mr. noyt's model for th'e construction of a locomotive for ascec.'.
ir-g and descending. incl i ed planes, on Railroads.  Describe th;:
model and explain wherein it differed- from Mr. Catheart's inveution.
Ans. —l saw -the- model of Mr. UIoyt but a very'short time, at'h-id not opportunity'.for examination —but observed a part of it %wk1,:;
n-ew workf and thInk that part related to the movable pinion;.  t.,
Hayt put the model on the'cars, imniedialely, as the train was sta'r?
ed.  If that new.  work did make the pinion a movable and self.ar.
justinng one, in that, it iwas similar to lMr. Catheart's, but in ltii:
else, except the driving wvhed6s and other parts necessary- to mat.; -
np any engine.
Q. —by Same. —Can you not, from the examination you gave::
Mr. H!oyt's model, in or after June, 1848, describe said model?  i,so, describe it as minutely as possible.
Ans. —I think it hal two pai rs of driveris, with a pinion workir?inato a rack in the center of the track, which pinion, I think, ~"~a
tki~mn movable., and had recently been made such.




Q.-How do you know that the movable pinion had been recently made so?  Do you form your opinion from the appearance of the
work?  If so, state how you distinguish between inventions recently made and those of older date.
ANS. The work looked;new.
Q-. Might not the invention have been discovered yeats ago., and
the model been iecently made?
ANs. I should think so.
Q. By Cathcart's Attorney.-In what particular, as you under,
stood it, was the model of Mr. Hoyt altered?
ANs. It was altered to make the pinion movable.  As I had
4heard the rnodel described all along, the pinion was stationary, and:in this model, he showed me, -it was movable, and the movable part?was newa
Q. —-1v Hoyt's Attorney. —-Had the Madison and Indianapoli1
Railroad Company any contract with Andrew Cathcart in reference
to the locomotive now in use on the inclined plane of said Road.?
If so, state what that contract was.
Ans, They bave a contract with Mr. Cathcart to give him $1000:per year, for his services on the plane, and $6,000 in 1853, if his
experiment is successful In taking ip and lettingdown the proposed
quantity of freight on the plane, which $6000 is contingent upon'his procuring   a Patent, and conveying the Eright to the Conm-,pany.
Here may be seen the interest of the Railroad Company to
sustain Cathcart., If C. does not succeed, the Company will
have to make a new contract with me, and also pay damages for the
use of my invention.  The invention, having been tried, proves
itself to be worth more than was supposed before its operation on
the plane was tried, and hence the Company are afraid, if I succeed,
they will have to pay something like a fair value for the imp rovement.
The reader will perceive that Mr. Jackson who is Principal clerk,
stockholder and Director of the Railroad Conmpany has testified that
the movable wheel in the model (the onlj important matter in controversy.) when -l  examined it the next morning after it was examined by Peterman, appeared to have been newly made and signify.,mg it to have been fitted to an old model to which I oppose the fotl




iowin'g testimony of Mr.'Shrewsbury, who is,a bhighly respectable
rmechallic and disinterested in the matter.,STATE OF INDIANA, To.,wit
Jefferson Countg, ~
Personally appeared before me a justice of th;e peace in and for said
county, Irvin Shrewsbury, and made oath, accordiug to l'aw, that in
the summer or fall of!848. 4 assisted lMr. Wilitam  Fytnih making
his model in my shop, at Dapont,-Indiana, for the'construction  of
a locomotive for ascending and descending incrined planes on Rail,Roads, and that I did his Blacksmith  work  for him.  This model
had four car wheels placed in a frame.'here were several cog
wheels inside of said frame two of them   were so  arranged as to
propel the locomotive up the plane.  The pinion wheel to which
the pitman was attached. worked in a larger wheel  This larger
wheel mashed in a cog rack placed in the centre of tWe track, anld Wtas
fastened on a shaft-said  shaft resting oin  bridge tree.,s or c'nnexion rods, and was pressed down into the cog rackl by:means of ~t
lever with weights so that this intermediate cog wheel'would adjust
itself to the uneveness of the track. Ifilrrther state ihat every diart,of this model was made new at the firne and that said Hoyt took it to
Madison, in said county,after he had it finished i t to exhibit ihere.
HMe afterwards brought it backl to Duporit.  In Mlarch, 1849, said
Hoyt started with this same model to the city of Washington to ob~
utain a patent, without any alteration on said niodel whatever,
iRVIN SHIREIVSDLBURY.
S.worn and subscribed to, before me, this 13th day of Nov 1849.
TIIOi1xAS TROUSDAIL, J. P.
Augustus B. Stoughton, a witness for plaintiff; being first sworn,
tesiified as follows:
Q.-What is your present occuspation?
ANs.- Machinist of the Patent Office.
Q. 2. —What time were you appoinrted to said office?
ANs:-July 1st, 1848.
Q. 3, —Were  you a machinist when William Hoyt's application
for a patent for his improved locomotive for ascending incline;d
planes was examined. and;he patent granted.
Ans.-I was.
Q. 4.-Do you know whether any modifications have beert made,
to or in addition to the model of William  Htoyt's locomotive tr
ascending and descending inclined planes since it was deposited in
the Patent Office, and if so, what was the nature of those changes.
rnd at what time were thev mlade!




16
Ats.-'lThere were;additions made,.to-wit: a lever and: wei ght tC
h!id the spur wheel in gear with the rack.  These addi-tions wer(
tiaade during the progress: of the examination.
Q. 5-. \W hy was not Mr. Cathcart's model carried up when Mr
o VtI's application was before. the examiner!
Axs,  l3ecause. it was-.not credited on- the books. of the office.
iMr. Sioughton. cross.examined by Mr. Elliott. Q. 1' Was Cath
cart's application' considered complete anterior to the examrinatior
otf Uoyt's application!
ANs,.'It, was. complete, inasmuch as everything necessary tc
reunder it cornpleti  was in.the office, owing to negl-ect of the clerks
it tailed to get its proper direction.
Qi-. 2.  kWere not the alteratons in-the, model made by:the. ordet
of the examinler. to make the model agree with the. drawings!
A?,S.  I do not know that they were.
Q. 3. 7Was there anty material alteration in the essential:feature,
namely, the rising and falling pinion!
As.  There was the addition of a lever and:;weight to throw the
sp ur wheel int) gear and 1keep it the.re.
Q. 4.  Did not the drawings show the lever and:,weight, just. re
f;erred to!
Ans.  I do not recollect to have seen the: drawing~
q. 5.  Who orde'ed the alterations in the model!
Ans.  I do. not,know; and fu rther this deponent saith not.
A.;, B. STOUGHTON.
The  bove testimony was taken at the City of Washington In my
absence. and the,parties rely mnuch upon the reputation of the wit.
ness for, his official standitng arid his experience as a machinist.
request that his depo.ition, rmay be criticalily reviewed, by which it,illl appeal that the lever and weights welre added to the model by
[Loyt after it was deposited in, the —Patent office and during the progiess of the examination,,hlen. Mr Jackson, another of their:vitness, testlaies that the inmprovement above,- mentioned had been
newly attached when he saw it in Madison,!-ndiana, previous to
my taiting the model to, Washington City.  Strange consistency!
I now refer the public'to thle testimony of:Wm P. Elliot Esq, of the
Patent office who certainly  is entitled  to as much distinction of
characteras: Mr Stoughton,, he having long acted as drartsman and
Patent agent, and r.iany years official surveyor of' Washington
Gity. accompanied. with the,,,testimony  of, A. E.-.t: Johnson,
draughsman, and J, B  Wood rufl, model maker, and leave the pitb4i10to judge. of the credit due. toMr,.Stoug!hton's testimony.




17
We, the subscribers, solemnly declare that we have examined
Mr. William Hoyt's model of a locomotive for ascending and descending inclined  planes of steep gradts. by rack and pinion, now  in
the Patent Office, and for which Letters Patent were granted to him
on the seventeenth day of April, A. D. 1849, and found it to be substantially the same as when first exhibited in the City of Washington, at the office of Wm. P. Elliott. Patent Atto1ney, ard at the
United States Patent Office, and lhat the lever for raising and lowering the intermediate cog wheel that matches into the rack, formed
a part of the combination in the said model.
City of Washington, Sept.  21. 1849,
WBM. P. ELLIOT,
A. E. H. JOHNSON,
J. B. WOODRUFF.
COUNY OF WASHINGTON,?ss
Districtof Columbia,.
On this twenty first day of September A. D. 1849, personally appeared before the subscriber, a Justice of the Peace in and for the
said County, Wmin. P. Elliot, solicitor for Patents, Albert E. H.
Johnson, Draughtsman. and J. B. Woodruff, Model Maker, and
made solemn oath to the truth of the above statement.
LUND WASHINGTON J. P. [Seal.]
WASHINGTON CITY Oct. 1st 1849.
This is to certify, that, sometime in the spring or summer of
1840, W illiam Hoyt brought to my shop, in this city, a model for a
a locomotive to ascend and and descend inclined planes on Rail
roads, and that said Hoyt repaired the same at my shop.  I can say
from the best of my recollection and belief that it had two wheels,
one larger than the other, and that the largei one worked in a cog
rack, and was operated upon by a lever and weights to press it
down to the uneveness of the track.
W. LITTLE.
DISTRIC T OF  COLUMBIA, t.           i
County of rashington,      To t.
Personally appeared before me, the subscriber, a justice of the
peace for the county aforesaid  Warren Little, and subscribed his
name to, and made oath in due form, that the facts set forth and contained in the foregoing certificates are true as stated, to the best of
his knoweldge and belief.
Given under my hand and seal, this first day of Oct., 1849.
C. ASHFORD, J. P. [Seal.]




WASHINGTON, Oct. 3, 1849.
MRa. Wm. -IoVT: —Sir' At your reqiJest, I have caiefully examined the papers placed by you in my hands, which you say are true
copies of the testimonials taken on both sides of the  nmatter of interfe rence be-fore the patent otfice between you and Andrew Cattieart,
both claiming a device for ascending'and descending inciined planes
on railroads.  lunderstand that y)u both cla m  substantially  the
same device, which is a mechanical corn'lnation. by which the
wheel-operating in the rack or middle rail, is adapted to the inequalities which it may encouanter.  I therefore do not go into an examination of the nature or character of the two device3, assuttming that
they are substantiallv Identical, and interfere, but consider merely
the fact of priority of invention confining my investigation to the
question, of priority of privilege between you and Mr. (Catheart.
1[have carefully examined the testimony, and have coine to the
conclusion that you are the original and first inventor.
It appears from: the testimony, that Vou invented the device, and
produced-it in: the form ofa model between 1349 and 1842, whereas
Mr. Catheart did not, accor~ding to ihe t-estimrony presented t)y him,
invent it before the latter part of 1844 or early in 1845.  i tiink no
other conclusion can be arrived at witho:lt throwing oLt entirely the
testimony of three or fotir witnesses who stand a wholly unimpeac ted.
In expressing the opinion that the te3tim:ony, ca refully considered, leads to this result, [ do not of course design or wish to reflect
upon any offizer of the G)overnrment who has passed upoIn your case.
for I have doubt that all who have had anything to do with it, have
desired to do you justice.  I express only mny ownv candid conviction
after a carefuil'examination of the testimony, regarding  the question nierely as one of fact.
l am, respectfullv, your obedient servant,
ED)MUND BURKE.
Ternon, Jenaings   County, Indiana, ss.
Horace Bacon, being duly sworn, on his oath saith, that at some
time in or between the years 1340 and 1842, he helped  W\illiam
~Hoyt make a model, at his house, near DL)upont, of' his improved:L o        rmotive for ascending and deseningc inclitnel plains oI Railroads.  Said model had fouir drivingl car wvheels placed on a frame;
there were also two cog wheels; the driving pinion worked into the
large -,g wheel. and that wheel into a cg rac, in the center of
the track.  This wheel rested on:two bridge trees or eonnecting




;ods, -so arrlanged  as to  confolrm  to  the  urevenness;' of' tkhe,
traclk, to which they were held by rmeavns of a lever'vith: weights
or by springs.                               HORACE. BACON.
Sworn to and subscribed  before me, t'his 2d  day  of February,
1850.                PHILA\NDiR'L. BASS NETT, J. P. [Seal.]
Further, fellow-citi'zens, I have to say that the comrrtraversy  between Cathcart and myself was decided by Henry B. Renwick, a
A:otchmran, and brothor to the Renwick who was agest tor Cathcart dtring this whole controversy.
Thomas Ewbank, Esq, an Englishman. is nominally the Commissionel of Patents, while Htenry  B. Renwick, chief' Examniner of
models in the Patent Office is the real Commissioner.  My reasons
for stating that Henry 1B. Renwick decided the controversy between
-'Cathcart and myself are these:
The testimony of A. [3. Stoughten, an'd others, had been taken.at Washington City, in my -absence, and 1 applied to the Commi.rsioner of Patents to continue th'e hearing of the case, in order toi
~cross-examinle the witnesses.  Hie replied that he wonld consult AMr..Renwick. -He rang his bell, and Mr. R. mnadt his appearance.
Mr. Ewbank made'known to'him the applicatin I had zmade for a'continuance of my case, in order to cross-examine witnesses whose
depositions had been taken in my absence.  Mr. R. said-'"The
case cannot be continued;" Mr'. Lwbalnk ec}ioed- "The case caniot be continued."  One week afterwards.    l called and askedl oor'tnglish Commi.ssione r. AI'. Ewbank, when my case would be decided.  He replied he did not -kJnow, bn-t would consult AMr. Rea)-'wick.  lie rang the bell, and Mr. UI. made his aplpearance, whe.reupon, Mr, -E. said to M'r. R.- "When will you decide Mr. -loyt's
case."''Ml. R. replied —"this afterlloon."  A11'. Ewbank then said
to me-"Your case will be decided tlis afternoon."  Accordinfly.'in the afternoon of the sariie day, I was infoirmed that a patiell
would. be issued to Catheart for the samen invention ~patented by me.
in April last.  Some days afterwards, I filed a petitionm for a new
ihearing of the case, setting forth that. because (of an Inavoidable
accidlent occutring-to-wit: the cars rulnning otl' the Irack. on the
railroad betiween Cincinnati ano(d Sandulsky City, the-reb  causing me'to lose'two days' time, I had been unable to reach'Washingtotn
City in time to cross-axamine witnesses whose depo.rsltions had been
taklen in my absence.  Upon making this application. ihr. Ewb nk
said he would consult Mr.A Runwick.  M.r. lh. was called in, and the
-petition wtas presenied to himrn-to which he replied- "'"\e canc4ot
grant a new hearing of the case."  Mr. E wbanlk echoed, "We eL-,




20
not grant a new hearing of the case."  So you see, fellow-citizens,.
the brother to Cathcart's agent, and a brother Scotchman, actually
decided the controversy between Catheart and myself.
It seems that Mrr Brough, the President of the Railroad, for the
purpose of diverli;ng the public fi'om a view of the interest which
the Railroad Company has in this controversy, published a card in
the Indiana State Sentinel, dated Jan. 4, 1850, over his signature,
as "of Counsel for Cath.cart."  By this device, he attempts to establish the fact that the untiring energies of himself and other eminent servants of the Company, and the unsparlng expenditure of
time and money, have been appropriated as "of Counsel for Cathcart."  It is true that the name of Cathcart must be employed in
the investigation, and so must the name of Jonh Doe, or some other
one as senseless. be used, as casual ejector, in a fictitious action for the
recovery of possession-yet, he cannot conceal from those acquainted
with the facts in this case. that he is "of Counsel" for the Company
of which he is chief,. and armed with all- the influence and talents
whicn money can purchase, for the promotion of her wicked designs..'l'he gentleman "of counsel for Mr. Catheart" alludes, in his
card, to my late circular, in which he says,'lHe seeks to play the
demagogue, by creating a local and sectional sympathy for himself,"
and that "it is most certainly an indication of a weak cause." I can
inform him that my injury which he seeks is not "local and sectiotal," but limited only by the boundaries of our Union, and the justice
he would pervert has something more than a "local habitation a
name."  The excitement which may have been induced, is not local, but general as the knowedge of the facts, and is the natural result
of ou:raged rights,of the indomitable power of wealth over the weakness of" poverty, and the combination of unscrupulous and pensioned agents over unaided helplessness.  Feeble as I am in pecuniary
resources. I have left me a confidence in the power ofthe law, which
a salaried agent cannot thwart, and in the integrity of ajury which
theiir influence cannot reach, nor their patronage corrupt.  VI ith.
a fixed purpose to an immediate  resort to a legal tribunal for redress, and the establishment of my rights upon an. indisputable
basis, I ask and kindly admonish my fellow-citizens to atvait its
decision, before they negotiate with Mr. Cathcart for any presumptive right to the foregoing invention which he may possess, and in the,
meantime, I invite all who may have any inerest in the subject matter
refered to above, to address me, as formerly, at my residence, at
Dupont, Indiana.
IDul)otNT,.February 16th, 1850          WILLIAMl HOYTo