“I have read the foregoing affidavit of Professor Geo. F. Barker; I witnessed the experiments therein described, and concur in the statement contained in said affidavit.”
Samuel W. Johnson.
June 8, 1870.
Evidence of George M. Mowbray,
Operative Chemist.
“About October, 1867, I concluded an agreement with the Commonwealth of Massachusetts, to erect Nitro-Glycerin works near the West Shaft of the Hoosac Tunnel; these erected, I commenced manufacturing Nitro-Glycerin about the 26th day of December, 1867, and with but few intermissions have continued to manufacture it for blasting purposes for the tunnel work ever since. About June 13, 1868, I had a long interview with Mr. Taliaferro P. Shaffner, the complainant in this suit, when the said Shaffner proposed to me a consolidation of interests, and told me, if I would influence J. H. King and Henry Hinckley to advance the sum of seventy-five thousand dollars, that Robert Rennie of the Lodi Chemical Works, of Lodi, New Jersey, would credit him with acids to manufacture Nitro-Glycerin, to the amount of eighty-five thousand dollars, and he would then purchase land about twenty miles up the Hudson river, and manufacture Nitro-Glycerin. The proposal I forwarded to J. H. King and Henry Hinckley, who deemed the same too chimerical to enter upon, more especially since said Shaffner informed me that one-fifth of the consolidated association would have to be paid to one Frederick Smith, one-fifth to said Robert Rennie, and one-fifth to said Shaffner, on behalf of said U. S. Blasting Oil Company’s engagements, said Company being deeply indebted to the Lodi Chemical Works, according to the assertion of Joseph Butterworth, the superintendent at Lodi. Mr. Shaffner further informed me that the United States Blasting Oil Company had transferred and assigned all the patent rights conferred by the Nobel patents to him, and he intended to obtain a re-issue of the said patents, and with the individual patents obtained by him, and the patent that had been granted to me in April, 1868, a Company could be formed that would control the supply of Nitro-Glycerin throughout the United States. I soon after consulted with J. H. King and Henry Hinckley, both capitalists, with means, as to the proposals of Tal. P. Shaffner, and the conclusion that we arrived at, was, that, as all the cash capital, and the only practicable method of manufacturing a safe, stable and pure Nitro-Glycerin, was already secured by patent to me, to place seventy-five thousand dollars at the disposal of the parties named by Mr. Shaffner would not be a sensible or prudent course, in view of the condition to which the management of the said Shaffner had reduced the United States Blasting Oil Company’s affairs financially, and the failure to supply the demand for Nitro-Glycerin, although the United States Blasting Oil Company had no competitor in New York; so I informed said Shaffner that said Hinckley and King would not advance the money, to wit: seventy-five thousand dollars, under such arrangements, and the proposition fell through. And I would further state, that at each of the various interviews—one of them prolonged for four hours without interruption—the said Tal. P. Shaffner fully admitted to me that any one could or might make Nitro-Glycerin, either by the method described by Sobrero, the inventor, in 1846, or by my patent, granted in 1868, April 7th, without in any way infringing on the patents issued to A. Nobel, and assigned to said Shaffner, as President of the United States Blasting Oil Company. And further, on the 8th December, 1869, I was at Oil City, at the request of the Lake Shore Nitro-Glycerin Works, and assisted in the explosion of one blast in three drill holes of Nitro-Glycerin, using a frictional electric machine, insulated wires, the priming fuse and fulminating charge, as described in Letters Patent, granted to me, July 27th, 1869, and being No. 93,113, and entitled “An Improved Method of Exploding Nitro-Glycerin.” I am well informed of the four re-issued patents, Nos. 3,377, 3,378, 3,379 and 3,380, and the methods therein described differ very materially from the method that was practised on the 8th December, 1869, at the Oil City Tunnel, by me, and particularly in this very material respect; whereas, by the method practised at the Tunnel, an operator can blast simultaneously at will one hundred drill holes; by the methods described in the re-issues above mentioned, it is absolutely impossible to explode two drill holes simultaneously. And this difference between the simultaneous blasting of a number of holes and firing the same number of holes one after the other has been found in actual results to effect an economy of thirty per cent. in the cost of blasting out rock in the Hoosac Tunnel. In a book (Exhibit B), entitled “Liebig and Kopp’s annual report of Chemistry for 1847 and 1848”, pages 376 and 377, volume 2, published in London in 1850, there is a notice of the comparative power of nitro-cotton and gunpowder, and reference is there made to the nitro-compounds, made from dextrin, glycerin and sugar, as being “similarly explosive preparations,” to gun-cotton and nitro-mannite, which latter is described as a cheap substitute for fulminating mercury in the manufacture of percussion caps, and certain comparative experiments with the former (gun-cotton), as to the relative value of the same, compared with gunpowder, are mentioned as having been made by the celebrated powder manufacturers, “Messrs. Hall & Son, of Dartford, in the county of Kent, England.” After such publication, the claim made by the said Nobel, or his assignees, in the re-issues before-mentioned, that Nobel discovered that Nitro-Glycerin could be exploded under confinement is invalid, for the fact that Nitro-Glycerin had been described as a similarly explosive preparation to nitro-mannite and nitro-cotton, or gun-cotton, by its discoverer, Sobrero, necessarily involved, and indeed published the circumstance of its only being necessary to subject it to the like conditions of other explosives to effect its explosion. I further state that in four affidavits filed in this Court, on the 25th of February, by Taliaferro P. Shaffner, and T. P. Shaffner and E. A. L. Roberts, jointly, and E. A. L. Roberts singly, and W. M. Shaffner, these parties have sworn that the mode of exploding at the Oil City Tunnel, December 8th, 1869, was identical and precisely similar to the mode described in a patent granted to said T. P. Shaffner, December 18th, 1868, and re-issued April 13th, 1869, No. 3,375, whilst the very same parties describing the same blasting at said Oil City Tunnel, at the same time, in the same words, and almost word for word throughout, as positively have sworn that it was identical, precisely similar to the mode of blasting described in the re-issues Nos. 3,377, 3,378, 3,379 and 3,380. Neither of these parties were at any time on the ground during the operations therein and thereat (to wit, Oil City Tunnel) performed, except W. M. Shaffner, who was at no time within twenty feet of the parties operating, and who has erroneously stated that water was poured on to the Nitro-Glycerin at the bottom of the hole, which to my certain knowledge was not done. And I ask the attention of this Court, to the affidavits filed in this cause for the plaintiff, and also in a cause of Taliaferro P. Shaffner against the same defendants, filed February 25th, 1870, as completely disproving each other.
Geo. M. Mowbray.
February 26, 1870.
Evidence of Phillip Mackey and Timothy Lynch,
foremen of miners at the Hoosac Tunnel.
“We were employed during the month of September, 1868, at the West Shaft of the Hoosac Tunnel, at the time when Colonel Shaffner, the complainant, was making experiments with Nitro-Glycerin in the said tunnel, and assisted him by drilling holes in the rock to receive the cartridges containing Nitro-Glycerin, and tamping said holes. After the explosion of the said Nitro-Glycerin, we witnessed its effects on the miners. These effects were usually to produce a dryness about the throat, and feeling of thirst, which led the miners to take a drink of water; immediately thereafter the miners would vomit, and such vomiting would be followed by severe headache, rendering it necessary for the miner so affected to be removed to the air, and out of the tunnel, and the effects of such headache would last for from twelve to eighteen hours; in fact, the vapors caused by the Nitro-Glycerin exploded by said Shaffner were of such a noxious character as to disable the miners generally from continuing their work.
“During the past three years we have often examined the Nitro-Glycerin manufactured by G. M. Mowbray, and been regularly employed as foremen of the miners who drilled the holes for receiving the cartridges of Nitro-Glycerin exploded by said Mowbray and by his assistants, and we declare that Mowbray’s Nitro-Glycerin differs greatly in appearance from that used by said Shaffner; that Mowbray’s Nitro-Glycerin is colorless almost as water, whereas Shaffner’s was orange-colored; that the explosive effects of said Mowbray’s Nitro-Glycerin were much greater, so far as we could observe, and that particularly we have noticed the miners do not suffer from any noxious vapors after the firing of blasts of said Mowbray’s Nitro-Glycerin, and that during the three years the Nitro-Glycerin made by Mowbray has been used in said Tunnel, there has not been a single case where a miner has been compelled to leave his work by reason of the gases given off by the explosion of Mowbray’s Nitro-Glycerin. And we consider that the Nitro-Glycerin made by said Mowbray, and used in the Tunnel; very much safer to handle, and does not give off noxious gases as compared with the Nitro-Glycerin made by the United States Blasting Oil Company of New York, and used by said Shaffner in the Hoosac Tunnel. And we verily believe that if said Nitro-Glycerin were attempted to be used in the Tunnel, now that so general a use is made of Nitro-Glycerin, it would compel the miners to leave their work and seriously retard the progress of the work by reason thereof, for those who could endure it for a time would have to carry out those who are unable to move after inhaling the gases of the Shaffner Nitro-Glycerin, and thus lose time which would otherwise be employed in doing work.