means, to bent stems, marked f, of the float-boards, and the other ends of all these rods, except g, are attached to the disc, A, by pins or bolts, s, as shewn in fig. 5. The disc, A, is made to revolve on the crank, B. Now it will be evident, from the above description, that on turning the wheel in the direction of the arrow, fig. 1, the paddle or float-board, d, will be carried forward to nearly the position of e; it will be seen that the lever, g, is made fast to the disc, a, and does not turn on a pin, as is the case with the others; consequently, the advancing of d, to the position of e, will turn the disc, A, and with it the other levers, h, i, j, and k, which together with the revolving of the wheel, will cause each of the paddles or float-boards successively to take the position shewn by d, and all the other positions shewn in the drawing. Now whereas I claim as my invention, as regards my improvements in machinery for propelling vessels, the mode hereinbefore described of giving the required angle to the paddles by means of the rods, g, h, i, j, and k, the bent stems marked f, the disc, A, and the crank B." Such is the description of the inventor given in the specification of his invention. Now if your Honour will have the goodness to look back a little, you will see that this expression has been made use of by the inventor, which I will read again: "Now it will be evident from the above description, that on turning the wheel in the direction of the arrow, fig. 1, the paddle or float-board, d, will be carried forward to nearly the position of e; it will be seen that the lever, g, is made fast to the disc, A, and does not turn on a pin, as is the case with the others; consequently, the advancing of d, to the position of e, will turn the disc, A, and with it the other levers, h, i, j, and k, which, together with the revolving of the wheel, will cause each of the paddles or float-boards successively to take the position shewn by d, and all the other positions shewn in the drawing." The specification, therefore, plainly shews upon what material the object of the combination turns. The effect of the combination, if I may use the expression, is obtained merely by having one of the rods fixed, by which you get the governing power, and the others moveable, which that fixed rod prevents from creating inconvenience, whilst the fixed rod, acting for one purpose as well as the other, does at once govern the movement and obtain the required angle. Now that,

I

say, never was done before; it clearly never was done before and upon that there is no conflict of evidence at all. The specification itself, the drawings, and the model, plainly shew how this was done. Now that is not proved by Mr. Seaward to have existed any where in this country previous to 1829; it existed no where. Well, then, if the specification be right, and there be novelty in the patent, there can be no doubt that the plaintiff is entitled to have this injunction continued; our long enjoyment having been completely established by these affidavits. A great deal has been said by the other side upon the substituted axis for the crank in this machine of the defendants being different from ours. The truth is, that the difference consists in a mere word. The invention cannot exist, the improvement cannot exist, without the crank in one place or other. Now I say you cannot get the eccentric without the crank. I beg particularly to call your Honour's attention to this, because it is important to this part of the case; you cannot get an eccentric without a crank; because you must have two different axes; and whether you have a crank or elbow formed by the piece which stands out of the disc, or passing through the disc in a different manner, it is exactly the same thing. You must have that which is in the nature of a crank. Now this model will explain to your Honour very clearly what I mean. Here is a crank in both these places; in the one it is buried, in the other not; but directly you move them to the point you still have the crank; that is, you have the elbow. And the truth is, that the word crank, applied in this description, I apprehend, means an eccentric action. I will shew your Honour that this object is effected in their machine with the elbow, and that it is only differently applied by reason of the different position of the parts. The whole of the matter comes to this, that they have employed the different parts of our machine in a different position. The effect of varying those parts has been, that they may get the effect of the crank in a different place: they don't want the crank where it is now, but in place of it they have an elbow, which is the eccentric axis, without which they cannot work. We have adopted this mode of shewing it, in consequence of the position of our machine in the paddles. They have made a corresponding part at the end, and, by using the main-shaft in a different way, they cffect the

object of the crank, although it is differently placed, prǝcisely and perfectly in the same way. If your Honour will look at this exhibition of the two, and the manner in which they work, you will see what I mean perfectly. The one is an exhibition of ours fixed in the middle, and the other is an exhibition of theirs fixed at the side. They do not, and they cannot, dispense with the crank. When once you shift the position, you must change one of the cranks. You must have a crank somewhere. Now can it be doubted for a moment that this is a mere colourable evasion? It cannot be. I have stated the object of the plaintiffs' invention to be, to give the floatboards of the paddle the best possible angle, both at entering. the water and leaving the water: we effect this by placing that part of the machine which your Honour has before you, in the middle; and to do this it is necessary to have a crank in the position in which your Honour now sees it: they fix it to the side, and the crank, therefore, can have no place in the position in which we have set it, but must be placed, in fact, in the other part of the machine. Your Honour will see that as plainly as possible, if you will look at the eccentric in this one [shewing another model]. They have, therefore, taken that by which the improvement is mainly effected. My statement upon what your Honour has got before you, is this, that they have got in their wheel that which I call the elbow; they have got that by which the improvement mainly works; that which is the most ingenious part of it; that to which all the rest is subservient, and without which the rest of the combination cannot work. They take the principal part, I say; in fact, they take that which is the only new part in the whole combination; that by which the whole works, namely, the one fixed rod, g, acting in combination with the rest, which are moveable, the fixed rod, g, governing the whole. Now with respect to the meaning of the word eccentric: we actually find, that, in the specification of Oldham's patent, the eccentric axis is actually called in that patent a crank.

The Solicitor-General.- Is that verified? I do not think it is.

Mr. Knight.-No; we did not consider it necessary that it should be so. We could soon get it verified, if there is any necessity for it.

The Vice-Chancellor.-I have never thought it necessary that books should be verified; unless it was suggested that this was printed this morning, or any thing of that kind. These are things that are always in common

use.

Mr. Kuight. This specification of Oldham's patent shews that an eccentric and a crank mean substantially the same thing. Crank means an elbow; and you cannot get an eccentric-action without. I am willing to discuss the matter with them upon the phraseology of the thing. I say they mean the same thing: crank means an elbow, and so does the eccentric. Your Honour observes, that in our affidavits we have spoken very minutely on the mechanical points: now they have got a great many affidavits, and among them the affidavits of several mechanical men, who all describe, in mere general terms, that the invention of the plaintiffs, and the wheel of the defendants are not substantially the same thing; but there is not one of them that condescends to particularize. Look at their many affidavits, and your Honour will see, that, from first to last, they contain a mere general statement that the two inventions are substantially different; but they don't state particularly wherein they are different: they content themselves with these generalities, and don't attempt to meet us upon particulars. They do not state. the mechanical principles, as Mr. Brunel and others have stated them, in plain clear language, such as persons ignorant and unskilled in mechanics, as I am, can readily understand.

The Solicitor-General.-What is the paper you are going to read?

Mr. Knight. It is part of my argument; but I have written it down, that I may not be misunderstood. It is merely a paper of my own.

The Solicitor-General.—Oh, I beg pardon.

Mr. Knight.—Mr. Carpmael tells me that the same letters are on the model that your Honour has now before you, that are in the specification.

The Vice-Chancellor.-Yes, I have taken them down; I have it all right here.

Mr. Knight. Our model is the one nearest to your Honour. Our combination, in fact, consists of five parts; though the other side have chosen to call it only four; because they have chosen to put all the parts together,

without distinguishing them. Now, Sir, the first part of our combination, to which I wish to call your Honour's attention, is, the shaft in our model; this shaft is made to pass through the outer centre of the wheel.

The Vice-Chancellor.-B, is what is called, in the specification, the crank; is it not so?

Mr. Knight.-B, is so. I will read it through in the order in which the parts occur. z, is what we call the axis, which is made to pass through the outer centre of the wheel, and, necessarily, immediately opposite to the main shaft, and in a straight line with it. Now this shaft is firmly fixed in or to the outside frame-beam of the paddle-box (as in this model of ours), sometimes called the spring-beam, which is supported by the paddlebeams running out, as your Honour observes, from the side of the vessel. This shaft, which forms the outer bearing of the wheel, is then bent between or inside the frames of the wheels, so as to form a fixed cylindrical axis, and the whole termed, in the specification, the crank, B. Now your Honour observes, that if we had not specified that crank, then the specification would have been obscure, it would have been unintelligible. That is the means by which the eccentric is obtained. Now that is the description of our crank, and with your Honour's permission, I will now go through the corresponding part in theirs. They fasten a cylinder of metal to the side of the vessel, which forms the inner side of the paddle-box. The main shaft is passed through a hole bored or cast in the metal cylinder, near the circumference of the cylinder.

The Vice-Chancellor.-By the main shaft you mean the axis marked G, in the specification?

Mr. Knight.-Yes, Sir, it is marked G, in the plaintiffs'. The main shaft is passed through a hole bored or cast in the metal cylinder, near the circumference of the cylinder, and (in order to obtain the same angles) at precisely the same distance from the centre of the cylinder, as that between the plaintiffs' fixed shaft and the centre of their axis, B, which they have made of a smaller cylinder. This metal cylinder, therefore, thus becomes a large fixed cylindrical eccentric axis outside the wheel, in substitution for the plaintiffs' axis, B, inside the wheel, and the change in its form is the necessary consequence of the change in its position; it results merely from a