tions of breakwaters shown in the drawings, the changes of form and the additions to their cubic content which had been made at different periods in consequence of the violent action of storms.

The Plymouth Breakwater has had its form altered three times; each time the base has been extended and the sectional area increased.

At the Howth Pier the sections showed three distinct forms assumed by the mass of materials, in consequence of the varied action of the waves. The damage done is now so extensive, that the sea threatens to make a clear breach through the works.

The sections of the Kingstown Pier showed the original form to have been a slope of 4 to 1 and 5 to 1, covered with heavy pitching, which had been repeatedly torn up, and some of the stones weighing 10 tons were carried to considerable distances: an external mole of rough work containing nearly 200,000 tons of stone which had been deposited upon the foreshore was almost all washed away; while the toe of the work beneath low-water mark, although at a greater angle than the other parts, remained undisturbed.

At Dunmore Harbour, although the long glacis with a slope of 5 to 1 is protected by pitching composed of square stones of from 2 to 6 tons weight, and above 12,000l. has been expended, it has received very extensive damage.

Many other cases of injury to sloped works were mentioned, and it was stated that from these examples, coupled with observations upon some ancient piers in Cornwall and other exposed situations, which although built of rough materials and with a nearly vertical sea face, had resisted the action of heavy seas, the Shannon Commissioners had determined to try, at Kilrush, a sea wall with a very slight inclination, and up to the present time it had sustained no injury, although previously the sloped work had been destroyed.

Colonel Jones, being convinced of the superiority of this form, had devoted much time to observations of the action of the waves upon works of all kinds, as well as to the various modes of using the materials composing the sea-walls; and he felt assured that if the stones were of an average size, square-jointed, and well laid, even without cement, forming an almost vertical wall of moderate thickness, springing from a point as much below low-water mark as could be conveniently attained, the work would be more durable. "Béton" (concrete) was

now much used in France for the construction of sea defences: it was generally done by building caissons of ashlar, filling them in solid with "béton" and then caulking all

the ashlar joints with oakum: this kind of work was very durable.

In answer to a remark by General Paley, Colonel Jones believed that the greatest injury was done by receding waves, particularly if the joints of the work were not well closed.

Mr. Rennie took a hasty review of the moles and breakwaters mentioned by the early writers, as being thrown out for the purpose of forming harbours; Vitruvius particularly described, among other similar works, a mole constructed with a kind of concrete composed of "pozzuolana."

Mr. Rennie contended that engineers were not in error in taking as their guide the natural inclination of the sea-shore opposite the situation where the breakwater was intended to be placed: it would be found in following the coast of England from the perpendicular primitive cliffs of Cornwall to the flat shingle beach of Norfolk, between which places is found almost every variety of geological formation, that the profile of the seashore differed according to the material of which it was composed and the peculiar action of the sea upon it from local circumstances. It had been shown that the force of the waves acted more prejudicially upon the point above low-water than below it; that the work would stand at a great inclination at the latter point, indeed that it was rarely injured even when all above it was carried away; that if the water was deep, the action of the waves would extend deeper: all these and many other points required to be considered in fixing upon the slope for any sea-wall; and therefore he could not accord with Colonel Jones's views in adopting an arbitrary form for all situations, without considering the exigencies of peculiar localities. He had been particularly struck with the regularity of the slope assumed by the materials at the Kingstown pier after a storm but in that and all similar positions, the inclination of the face varied with circumstances and with the degree of violence of the action of the waves.

:

Among the many arguments against the proposed perpendicular form, might be mentioned the increased expense; for if built of squared stones below low-water mark, the work must be done from a diving-bell; and also that the form is objectionable for a pier, as the wave is thrown up in a mass, instead of expending its force in rolling over the long slope of the fore-shore.

Mr. Telford had abandoned vertical seawalls on these and other accounts.

Mr. Vignoles agreed, to a certain extent, (but not fully,) with the form proposed by Colonel Jones: he believed that, although the construction might be rather more costly, it would be amply compensated for by the greater durability; and he saw no difficulty

in doing the work; the proposed plan he understood to be by commencing the foot of the wall only at such a depth below lowwater as should prevent the violent action of the waves upon it.

At Ardglass, the upper portion only of the pier is destroyed; all that part below low-water remains perfectly sound: it is of ashlar of large dimensions, placed from a bell.

Mr. Gordon had seen sections of the works which were commenced for forming a breakwater at Madras: the materials reached, at the highest point, to within about ten feet of low-water, and amidst the violence of the surf of that coast, the work stood undisturbed at an angle of 45°: it was composed of" pierre perdue."

At Algiers the French engineers had used extensively masses of concrete, (blocks de béton,) but at first they were displaced and destroyed by the force of the seas; the cubic capacity of the masses had, however, been increased to the extent of 2 metres square by 3 metres long; they were floated out, and allowed to drop into their places from slings; and now they succeeded perfectly. The upper part of the work is intended to be of concrete cast in caissons, the section below low-water is at an angle of 45°, and above it like an ordinary quay wall, with a curved "batter."

In allusion to the depth of the wave and the power of its action at Madras, Sir John Robison said that, during a violent storm, a quantity of pigs of lead had been cast ashore near the fort, and it was proved that they had come from a vessel which had been wrecked at more than a mile from the shore, during the siege by La Bourdonnaye.

The President observed, that at the Plymouth Breakwater the largest blocks, (some of them weighing from 6 to 8 tons,) and the greatest number have been washed from the sea face over into the Sound; the square stones with which the fore shore is paved are placed with the utmost care, and little comparative injury has been done since that method has been adopted. Engineers now generally recommend a deep paving of squared stone in bond courses as the best mode of construction. In order to insure the stability of the light-house now erecting at the extremity of the Plymouth Breakwater, a foundation of squared stones has been carried up from the natural rock, and an inverted arch turned below the level of the top of the work; and, for its further security, a buttress is now thrown out upon the foot of the south slope, in order to prevent the stones from being carried away.

It is evident, that if the materials are deposited at an inclination, any portion being displaced is only carried down to where, al

though strictly speaking it may not be wanted, it must nevertheless assist in consolidating the mass; and the vacant spaces can easily be filled up. Under similar circumstances a perpendicular wall would suffer more severely, and probably would have fallen entirely. He therefore considerd, that in situations like that of the Plymouth Breakwater, which was exposed to a heavier sea than Cherbourg, a long slope for the sea face was essential. Still, there were situations where the form proposed by Colonel Jones would no doubt be available, and the members were much indebted to him for the suggestion, as also for the valuable observations shown in the sections accompanying the paper he hoped that he would continue them, and that other members, who had equal opportunities and less arduous duties to perform than the author, would give the Institution the benefit of their observations.

INFRINGEMENT OF PATENT RIGHT.

Northern Circuit, Liverpool.
August 10.

Smith v. Watson.

This was an action for the infringement of two patents granted to the plaintiff, Mr. Andrew Smith, engineer and patentee of a wire rope, in the years 1835 and 1836, the first patent being for an invention of a new standing rigging, composed of iron wire, and the second patent for an invention of an improvement on the first.

The defendant pleaded-1st, that the plaintiff was not the true inventor; 2d, that the inventions were not manufactures; 3d, that the inventions were of no use; 4th, that the inventions were not new as to the public use; 5th, that the specifications were not sufficient; 6th, that the specifications were not duly enrolled; and, 7th, that the defendant did not infringe the patents.-Mr. Hindmarsh appeared on behalf of the plaintiff, and Mr. Corrie for the defendant.

Mr. Hindmarsh, in opening the proceedings, entered generally into the properties of the standing rigging made of hemp, as compared with that composed of wire under the patents which the plaintiff had secured, pointing out the superiority of the latter, both as regards lightness of weight, and diminution of bulk or space in standing rigging, which was important, in presenting less surface to the wind. Another advantage which the wire rope, or rigging, possessed, was that of not being affected, in like manner as the hempen rope, by moisture-in the former case the rope only being influenced by the atmosphere, which was trivial and unimportant; while in the latter, the hempen rope, in wet weather, by absorbing the wet, expands or swells the strands, and thus contracts the rope, which, on again becoming dry, is considerably extended, and thus slackened, requiring, under such circumstances, to be rendered more" taut,' As rewhile, in many instances, breakages arise. gards the comparative weights of equal strengths of hempen and wire rope, the latter was not more, on an average, than one-half of the former-thus lightening the vessel to that extent above the line of flotation, so far as relates to the rigging. With reference to the size of the ropes used, the hempen rope was of double the circumference of that of wire, while the expense would be found to be considerably less in the application of the latter, as well as economy secured, from its being less affected by

the weather.* The learned counsel proceeded to observe on the specification and drawings, explaining to the jury the several modes of manufacture. Irom the descriptions given, we gathered that for standing rigging a series of iron wires were laid in a straight or parallel line, or salvagee fashion; the tension, which in no way diminishes the size of the rope, or lengthens the same, and which is necessary, to obtain an equal strength, being acquired by application of machinery to that object. The specimens submitted to the jury varied from 1 inch to 3 inches in circumference, and the wires of which such ropes were formed from 50 to 150: the rope thus formed is then di ped in a solution of Indian rubber, and the interstices so filled up; it is then "parcelled," or covered with a binding of woollen list, so as to exclude the moisture, and to protect the wires from oxidation; this being done, the rope is "served over," or bound round with spun yarn, so that, when finished, it represents the appearance of the ordinary hempen rope, with the exception of its being one-half the size of that of hemp. One of the grounds of defence was, that lines, or strings of hemp, forming a rope, or rigging, of a similar construction to that of the wire rope, had been used, such lines or strings having been "served" as with the wire rope or rigging, and thus that there was no novelty in the invention; but he would be prepared to show, and it was perhaps, a question for the court to determine, whether the application of wire, as in this case, was not a manufacture under the Act, inasmuch that, although the application might be the same, the material used was altogether dissimilar. The defence, as he understood it, was, that the manufacture of the two ropes, or standing riggingthat is, of hemp and wire-were similar in their construction, but that the patent could thus be upset he considered absurd, inasmuch that he would, by evidence of witnesses who had been engaged in maritime affairs for many years, prove the superiority of the wire rigging over that of hemp, and give their evidence as to its utility, and the advantages it afforded. With regard to the second patent, that was simply an improvement on the first, in making the loop, or so splicing the wire, as to obtain a firm hold. The learned counsel proceeded to call his witnesses.

The following curious calculations are extracted from a printed paper drawn up by the plaintiff and circulated in court during the trial:-"The weight of standing rigging now fitted and afloat in the navy is about 7,000 tons; and, taking the price of hempen rope at 461. per ton, the value of a first outfit for the whole of the navy will be 322,0007., upon which, by using my wire rope for the same purpose, a saving would be effected of 107,3331., without taking into consideration the more than triple time that wire rope will last. It may also be observed, that the wire rope only exposes two-fifths of the surface to the wind, thus rendering ships rigged with wire to those with hemp less leewardly. It appears that 2303 lbs. of hempen ropes thus applied expose a surface of 1,264 square feet to the wind, whereas, the wire rope, possessing strength as 804 wire is to 634 hemp, exposes only 514 square feet; and, as the whole surface of hempen standing rigging now fitted in the navy exposes (according to the above calculation) a surface of 860,000 square feet, whereas, the wire rope has only one of 344.000 square feetleaving a difference in favour of wire rope of 529,112 square feet; and, allowing the mean force of the wind to be 1 lb. upon the square foot, the power saved on a leeway would be equal to about 4000horse power, or equal to the canvas of more than the whole of the sails of twenty-four frigates, and the displacement saved would be about 3500 tons, which would be equal to about 700-horse powermaking a saving, in all, of 4700 horse power; and if this is called money, by charging 207. per horse, it will be a saving of about 100,000.; and, with the 105,000l., being the difference of the first cost of an outfit, it makes a total of above 200,000l. every three years."

Mr. Whellan, seventy-two years of age, was a master rigger in Liverpool, and had been forty years employed in that capacity. He had never known of wire rigging being used before the date of plaintiff's patent in 1835. Has since fitted the Great Liverpool, of 1,400 tons, with rigging of that description; the John Garrow, Guadalupe, and many others; considered the invention as useful, and that the wire rope had a decided advantage as to strength, at the same time that it was less bulky, and consequently held less wind. Witness considered that its application was equally advantageous to sailing-vessels and steamers. The Great Liverpool was fitted about five years since, and the John Garrow in 1839, which vessel was now in Liverpool, the rigging having stood the weather. Upon the cross examination of this witness by Mr. Corrie, he stated that he had been engaged in fitting steam-vessels for the past twenty years; that the rigging had been, so far as the funnel was concerned, part iron chains, and part hempen rope-the chain being used to prevent ignition by sparks from the chimney.

Mr. Binks was foreman of the plaintiff, and had manufactored the wire rigging. He had, from an early age, been employed under government as a rope-maker, having been thirty-four years in that employment, and, for the past eight years, been engaged by the plaintiff in the manufacture of wire standing rigging and ropes; had never heard of wire rope or rigging before the patent of Mr. Smith; considered it a very desirable thing, and believed that any one might manufacture the article from the description given in the specification, which was so simple, that no difficulty could exist with any practical man; the second patent was an improvement on the first, in forming the loop and splicing, which were imperfect in the original patent.

Mr. Shaw, marine manager of the City of Dublin and Oriental Steam Companies, had heard, by chance, of the patented wire standing rigging, in 1838, he was induced to test it, and accordingly applied it to vessels belonging to the City of Dublin Steam Company; the result had been highly satisfactory, and he had since used it in numerous instances in preference to hempen rope. He considered the invention invaluable, and, as an evidence of the high opinion he entertained of it he had fitted his own yacht with it, and the more experience he had of its properties, and the advantages attendant on its use, the more he was pleased and satisfied of its merits. Not only was there greater lightness of the material employed, but the security and strength of the standing rigging so manufactured, as well as the less resistance it offered to the wind, formed important features as regarded steam-vessels; but the advantages were not confined to this description of vessels, but were equally applicable, and perhaps more so under peculiar circumstances, to sailing-vessels, embracing men-of-war, as there was less surface presented in case of battle to the action of shot, and so far as his own experience went, confirmed, as such was by Mr. Snow Harris and others, the lightning conduetors constructed on the same principle by the plaintiff were proved to be superior to any which had been submitted. He was now fitting the Hindostan with the like rigging, and had, in fact, adopted it in every instance since he had become aware of its valuable properties. In the tropics the wire rope, he considered, would be invaluable, and, as an evidence of its lasting properties, he stated that he had rigged a vessel which, after three years, was found to be in as good order as when the wire rigging was first applied. As to the expense, he considered the wire rope cheaper, taking strength for strength, as compared with that of hemp.-Mr. Shaw, on crossexamination, stated that he had been connected with, and had directed his attention to steam-vessels for the last eighteen years; that he had never known wires, or rods of iron, to be bound together in a lateral position, but that rods of iron had been connected by rings or eyes, and so applied to the funnels as stays or ropes, but that such were quite

distinct and different from the patent of the plaintiff, which consisted of a number of wires bound together, and covered, or immersed, in a solution, and then "served" with spun yarn. The witness was examined at considerable length as to wire rope, or rigging, having been used for other purposes, and reference was made to the Menai and other suspension bridges, but it appeared that the witness had no knowledge of any application of wire in the form patented, the several bridges referred to being composed of chains and rod-iron. Witness had seen a bridge at Rouen constructed of wire, but which was not protected by any serving, or covering, being exposed to the action of the atmosphere-the several wires being hooped, or clamped, together at certain distances.

Captain Bevis, R. N., holding an appointment under Government, at Liverpool, as superintendent of the Mail Department. He had, by the directions of the Admiralty, examined and carefully surveyed the John Garrow, an iron vessel, (800 tons) rigged with the plaintiff's wire rope, and had reported thereon; that he found the patent rigging to answer every purpose, and considered it as an excellent invention; the rigging he found to be in a perfect state, having examined it with care; in his opinion the wire rigging had an advantage over that of hemp-upwards of twenty Government vessels had been fitted with that description of rigging.

Mr. Robertson, a rope-maker, was in the habit of making standing rigging; he had rigged thirty vessels with the wire rigging, not of his own manufacture, but with that of the plaintiff's: never knew such description until the patent of the plaintiff's; had read the specifications of the several patents of 1835 and 1837, and could readily manufacture the rope or rigging from the description therein given, and the accompanying drawings.

Mr. Grantham, who is an engineer, and largely embarked in iron ship-building, (the author of a work lately reviewed in our columns,) deposed that having read the specifications, and examined the drawings, he should feel no difficulty in manufacturing the standing rigging, or rope, as therein described; had been practically acquainted with engineering and mechanics for the past seventeen or eighteen years; could not apprehend that the slightest difficulty would present itself to any person in the mauufacture under the specification; had never heard of any similar application of iron wire, or rods, as that comprehended in the patent. and which he considered exceedingly valuable, and a useful invention.

On cross-examination the witness stated, that he was an engineer by profession-that he had never known wire applied to rope, or heard of the invention antecedent to the plaintiff's patent. The counsel for the defendant having drawn the attention of the witness to the manufacture of a toasting-fork, which was composed of twisted wire, he admitted that such an application was certainly not novel, but thought it distinct from a rope or rigging-had seen wire employed in many ways, but never as a rope until the plaintiff's patent. Witness described the specification, as understood by him, and expressed his belief that the meaning of the claim put forward by the patentee was that of embracing the manufacture of all metallic ropes, or combination of wires according to the specification, without reference to the metal of which such wire is composed.

Mr. Hindmarsh then put in admissions of the patents and specifications, and the fact that the defendant had intringed them, which were read, and closed the plaintiff's case the learned counsel admitting that, from the absence of a witness, he had no evidence to show that the second patent had been infringed.

Mr. Corrie proceeded to address the jury on the merits of the case, and directed the attention of the learned judge to the legal and technical objections which he considered might be fairly brought forward, and which could not, in his opinion, have any other effect than that of obtaining a verdict for his client. The manufacturewhich the plaintiff claimed

to himself was in reality no invention of a new manufacture, and the specification was nothing more than a general claim; indeed, on reference to the words in which the specification was summed up, it would be apparent to his Lordship that there were no grounds for the action whereon the plaintiff could claim a verdict. It had been shown that rods, or links, of iron had been previously used for standing rigging, or stays, on board of vessels, and he believed his Lordship and the Jury would be of opinion that the manufacture was by no means novel or deserving of that protection contemplated and acquired under the statute of James. Again, supposing for a moment that it should be in the opinion of the court as coming under such statute, and was designated a manufacture, he should then contend that such manufacture was not novel, inasmuch that he had an illustration sufficient for his purpose in the manufacture of a toasting-fork, which, being composed of twisted wires, was, in fact, the same as the wire rope, or standing rigging -the material of which it was composed being the

same.

The Presiding Judge (Baron Maule) here interrupted Mr. Corrie, by observing that it was a very different thing to toast bread on a toasting-fork, and to make a rope of wire-the idea seemed to him absurd.

Mr. Corrie continued, by adverting to cases which had been determined, and on which he relied, as precedents in the present instance. The learned counsel admitted the usefulness and value of the invention, which, he observed, could not be controverted after the evidence afforded that day; but he contended there was no novelty in such invention to which the plaintiff could lay claim.

Mr Baron Maule having submitted to the counsel for the plaintiff that a question might be left with the Court to determine whether the invention or manufacture was a fit subject for a patent,

Mr. Hindmarsh preferred leaving the question to be decided by the Jury.

The learned Judge then summed up the evidence and observed that, if the question had been left with him, he should at once have declared the patent good.

On application made by the counsel for the defendant, leave was given to move for a nonsuit on one of the counts, and with such reservation, the Jury found a verdict for the plaintiff.

The Judge expressed his readiness to certify for

costs.

Smith v. Watson.

This was a second action between the same parties, as in the former case, involving the merits of a further patent taken out by the plaintiff in the year 1839, for the manufacture of wire rope, în a form and manner dissimilar from the two patents of 1835 and 1836, being a twisted rope formed of strands as in the manufacture of hempen rope, the only difference being in the material. The address of the learned counsel for the plaintiff was a mere echo of his speech on the first action, and the evidence generally throughout was a mere repetition or confirmation of that previously given, the only difference being, that the evidence here given related to the merits of the wire rope, and nct to that of standing rigging or salvagee rope.

Mr. Mayes, a rigger, employed on the Blackwall Railway, deposed that in the course of his duties he had laid down sixteen miles of hempen rope on the railway when first opened, the circumference of which was from 5 inches to 7 inches. The wire rope of the plaintiff had been applied on the railway upwards of twelve months since; the carriages on the line were drawn by a length of rope which was drawn or wound over a drum by means of stationary engines at the termini. Witness had never heard of any wire rope until he became acquainted with that of the plaintiff's. The wire rope had been found to answer the purpose, and the consequence was that the use of hempen rope had been discontinued, and the whole of the line was now worked

by wire rope. Had tested the strength of wire rope of four inches circumference with various specimens of hempen rope, varying in size from 5 inches to 7 inches, and found the former to be of greater strength than the latter. Had never known the plaintiff's rope to break, although the swivels and splicings had in some instances given way. The hempen rope, when in use, was subject to continued breakages, having known the rope to break two or three times in one day. Witness considered the invention as useful, and more economical, from there being less wear and tear, as also from its being of smaller circumference, and less weight.

Mr. Woods, engineer of the Liverpool and Manchester Railway, disposed to the plaintiff's wire rope being used in the tunnel at the Liverpool terminus. It was found to answer the purpose, but not having been at work any considerable length of time he could not undertake to draw a comparison between it and hemp. The size of the rope was 4-inch diameter, or 24-in. circumference; the hempen rope which had been previously used was a 4-inch; the rope worked over a drum of 3 feet diameter.

Mr. Leslie, the manager of the Anderton Carrying Company, had applied the wire rope of the plaintiff to raising weights, and also on an inclined plane. He was formerly prejudiced against it, but since he had tested its properties he had arrived at the conclusion that it was an invaluable invention, and of great benefit to the community.

Mr. Corrie, on the part of the defendant put in, as evidence, the drawing which accompanied the specification of the patent of 1836, to which he directed the attention of the jury, the learned counsel contending that the twisted wire rope was comprehended in that patent, and, therefore, could not be claimed under the patent of 1839. To illustrate this view of the case, he proceeded to remark on the similarity displayed in the patents of 1836 and 1839, as related to the twisting of the wire, it appealing, however, that in the former case the wire was simply entwined in forming a splice, while in the latter it was regularly laid in strands and formed as a hempen rope.

The learned Judge thought the jury could not do otherwise than give a verdict for the plaintiff, which was done accordingly.

[We have copied the reports of the two preceding cases from the Mining Journal, but have taken the liberty to omit some portions in which the reporter appears to have departed from the line of strict impartiality, which reporters of law proceedings ought invariably to observe. Indeed, we must confess, that when we couple the partizan character of these reports, as given by our contemporary, with certain strange rumours which are abroad respecting the bona fide character of the proceedings reported, we have our doubts whether we should not have done better to omit them altogether. Some of the evidence adduced for the plaintiff certainly is, on the face of it, of a most suspicious description. Take that of the witness Mayes, for example:could no person of more authority than a common labourer be found to speak to the result of the trial made of the plaintiffs wire rope on the Blackwall Railway? Where was Mr. Bidder? Or Captain Routh? Mayes swears that the wire rope (meaning Smith's) has been found to "answer the purpose,' and that the consequence has been "that the use of hempen rope has been discontinued, and the whole line of road worked by wire rope" (meaning Smith's wire rope). We question much whether Mr. Bidder or Captain Routh, or any other respectable gentleman connected with the line, would have sworn as much.

We have always understood that Smith's wire rope, so far from answering the purpose on this line had proved a failure, and that another sort of a much superior description, patented by Mr.

Newall, had been substituted for it. If we have been misinformed on this point, we shall be glad to be set right by Mr. Smith, or any of his witnesses or friends.-ED. M. M.

The Queen v. Bynner.

[THE SOLAR LAMP PATENT.]

We have already, (p. 48 of our present vol.) stated generally that the verdict in this case was for the Crown, whereby the patent has been annulled; but as it may be interesting to many of our readers to know more precisely the grounds for this decision, we now now give a verbal report of the charge of the Judge, (Coleridge) and finding of the Jury, as they are reported in a very long and special account of the trial which appears in the Birmingham Gazette of the 15th inst.

"The Learned Judge after explaining to the Jury the law as applicable to this case, very distinctly analyzed the whole of the evidence, presenting to their consideration each particular point insisted upon by the prosecution contrasted with the counter-evidence, whereby the defendant endeavoured to refute the same, and, after going through the whole of the case with great clearness and care, which occupied his Lordship about three hours, left the following points for the consideration of the Jury:-Whether a precise size of aperture in the deflector and height above the flame were essential to produce the effect?-Whether the specification, aided by the drawings, sufficiently described such size and height?-Whether the peculiar chimney described as essential to produce the fullest effect was beneficial? And whether the invention could be used with "ordinary chimneys of glass ?"Whether the invention was new? And whether Mr. Bynner was the inventor?

After a very short deliberation the Jury returned into Court, and the Foreman stated that they were unanimous in finding that a precise size of aperture and height above the flame were essential to produce the effect; that the specification aided by the drawings did not sufficiently describe such size and height; that the peculiar chimney was of no use at all; that the invention could not be practically used with ordinary chimneys of glass: that the invention was not new; and that Mr. Bynner was not the inventor.

This finding of the Jury entitled the Crown to a verdict upon the first, second, third, fourth, fifth, sixth, and eighth issues; the seventh, which was only as to whether the pretended invention was a manufacture within the statute of James the First, was, by consent given for the defendant.

American Enterprise-Canal Steam-boats.-On a visit to Bordentown, we saw two new steam-boats that had just arrived there through the Delaware and Raritan canal, from New York, where they were built, being on their way to this city. The boats are built of iron, and moved by Ericsson's paddle-wheel propeller, which will be wholly under the surface of the water when they are loaded. Each boat is furnished with two of those wheels, which work under the stern-one on either side of the rudder. Besides having an engine, the boats are schooner-rigged, in the most beautiful symmetrical manner of any thing of the kind we liave ever beheld. The length of the boat is 97 feet 4 inches; breadth of beam, 23 feet; depth of hold, 7 feet 6 inches. Their capacity is equal to two hundred and thirty tons of coal. In the Raritan river, the speed of these boats was nearly ten miles We per hour. In the canal, six miles the hour. consider that the acme of canal navigation has now been reached, by the performance of these boats.Phil. Eve. Journal.