At this point, historians disagree on how long Howe was in Thomas’ employ and whether he succeeded in adapting the machine to meet Thomas’ needs. He was in England long enough, however, to find himself without employment in a strange country, his funds nearly exhausted, and his wife ill. He hoped to profit by the notice that his work had received and began to build another machine. He sent his family home to reduce expenses while he stayed on to finish the machine.
After working on it for three or four months, he was forced to sell it for five pounds and to take a note for that. To collect enough for his passage home, he sold the note for four pounds cash and pawned his precious first machine and his patent papers. He landed in New York in April 1849 with but half a crown in his pocket to show for his labors. A short time after he arrived, he learned that his wife was desperately ill. Only with a loan from his father was he able to reach her side before she died. Friends were found to look after the children, and Elias returned to work as a journeyman machinist.
Howe discovered, much to his surprise, that during his absence in England the sewing machine had become recognized in the United States. Several machines made in Boston had been sold to manufacturers and were in daily operation. Upon investigating them, he felt that they utilized all or part of the invention that he had patented in 1846, and he prepared to secure just compensation for its use. The first thing he did was to regain his first machine and patent papers from the London pawnshop. It was no easy matter for Howe to raise the money, but by summer he had managed. It was sent to London with Anson Burlingame, who redeemed the loans, and by autumn of the same year the precious possessions were back in Howe’s hands. Though Howe gained nothing by his English experience, William Thomas by his modest expenditure obtained all rights to the machine for Great Britain. This later proved to be a valuable property.
Howe then began writing letters to those whom he considered patent infringers, requesting them to pay a fee or discontinue the manufacture of sewing machines which incorporated his patented inventions. Some at first were willing to pay the fee, but they were persuaded by the others to stand with them and resist Howe. This action forced Howe to the courts. With his father’s aid he began a suit, but soon found that considerably more money than either possessed was necessary for such actions. Howe turned once more to George Fisher, but years of investing money in Howe’s machine without any monetary return had cooled him to the idea. Fisher, however, agreed to sell his half interest, and in February 1851 George S. Jackson, Daniel C. Johnson, and William E. Whiting became joint owners with Howe. These men helped Howe to procure witnesses in the furtherance of numerous suits, but more money was needed than they could raise. The following year a Massachusetts man by the name of George W. Bliss was persuaded to advance the money for the heavy legal expenses needed to protect the patent. Bliss did this as a speculation and demanded additional security. Once more Elias’ long-suffering parent came to the rescue and mortgaged his farm to get the necessary collateral.
Only one of these suits was prosecuted to a hearing, but this one, relatively unimportant in itself, set the precedent. In it the defense relied on the earlier invention of Walter Hunt to oppose Howe’s claims. The defendant succeeded in proving that Hunt invented, perfected, and sold two machines in 1834 and 1835 which contained all the essential devices in Howe’s machine of 1846. But Howe showed that the defendant’s machine (which was a Blodgett and Lerow) contained some features of Howe’s machine which were not in Hunt’s. The jury decided the case in favor of Howe. Howe later fought a vigorous battle with Isaac Singer, but after much legal controversy the ultimate decision in that case also was in Howe’s favor. The suits and payments to each patent holder for the right to use his idea were choking the sewing-machine industry. Even Howe could not manufacture a practical machine without an infringement. Finally an agreement was reached and a “Combination” was formed by the major patent holders (see pp. 41-42).
In the meantime, eight years of the first term of Howe’s patent had expired without producing much revenue. This permitted Howe, upon the death of his partner, George Bliss, to buy Bliss’ half interest for a small sum. He became, then, the sole owner of his patent just as it was to bring him a fortune. He obtained a seven-year extension for his patent in 1860 without any difficulty, and in 1867, when he applied for another extension, he stated that he had received $1,185,000 from it. Though he endeavored to show that because of the machine’s great value to the public he was entitled to receive at least $150,000,000, the second application was denied.
During the Civil War, Howe enlisted as a private soldier in the 17th Regiment Connecticut Volunteers. He went into the field and served as an enlisted man. On occasion when the Government was pressed for funds to pay its soldiers, he advanced the money necessary to pay his entire regiment.
Howe did not establish a sewing-machine factory until just before his death in 1867. One of his early licensees had been his elder brother, Amasa, who had organized the Howe Sewing Machine Company about 1853. When Elias began manufacturing machines on his own, he sunk into the bedplate of each machine a brass medallion bearing his likeness. Elias gave his company the same name that his elder brother had used. As this had been Amasa’s exclusive property for many years, he took the matter to the courts where the decision went against Elias. He then organized the Howe Machine Company and began to manufacture sewing machines. On October 3, 1867, Elias died in Brooklyn, New York, at the home of one of his sons-in-law. The company was then carried on by his two sons-in-law, who were Stockwell brothers. In 1872 the Howe Sewing Machine Company was sold by Amasa’s son to the Stockwells’ Howe Machine Company, which in turn went out of business in the mid-1880s.