In June, 1862, W. F. Durfee, a cousin of Z. S. Durfee, was asked by Ward to report on Kelly's process. The report[112 ] was unfavorable. "The description of [the apparatus] used by Mr. Kelly at his abandoned works in Kentucky satisfied me that it was not suited for an experiment on so large a scale as was contemplated at Wyandotte [Detroit]." Since it was "confidently expected that Z. S. Durfee would be successful in his efforts to purchase [Bessemer's patents], it was thought only to be anticipating the acquisition of property rights ... to use such of his inventions as best suited the purpose in view."
Thus the first "Bessemer" plant in the United States came into being without benefit of a license and supported only by a patent "not suited" for a large experiment. Kelly seems to have had no part in these developments. They took some time to come to formation. Although the converter was ready by September 1862, the blowing engine was not completed until the spring of 1864 and the first "blow" successfully made in 1864. It may be no more than a coincidence that the start of production seems to have been impossible before the arrival in this country of a young man, L. M. Hart, who had been trained in Bessemer operations at the plant of the Jackson Brothers at St. Seurin (near Bordeaux) France. The Jacksons had become Bessemer's partners in respect of the French rights; and the recruitment of Hart suggests the possibility that it was from this French source that Z. S. Durfee obtained his initial technical data on the operation of the Bessemer process.[113 ]
During the organization of the plant at Wyandotte, Kelly was called back to Cambria, probably by Daniel J. Morrell, who, later, became a partner with Ward and Z. S. Durfee in the formation of the Kelly Pneumatic Process Company.[114 ] We learn from John E. Fry,[115 ] the iron moulder who was assigned to help Kelly, that—
in 1862 Mr. Kelly returned to Johnstown for a crucial, and as it turned out, a final series of experiments by him with a rotative [Bessemer converter] made abroad and imported for his purpose. This converter embodied in its materials and construction several of Mr. Bessemer's patented factors, of which, up to the close of Mr. Kelly's experiments above noted, he seemed to have no knowledge or conception. And it was as late as on the occasion of his return in 1862, to operate the experimental Bessemer converter, that he first recognized, by its adoption, the necessity for or the importance of any after treatment of, or additions required by the blown metal to convert it into steel.
Fry later asserted[116 ] that Kelly's experiments in 1862 were simply attempts to copy Bessemer's methods. (The possibility is under investigation that the so-called "pioneer converter" now on loan to the U.S. National Museum from the Bethlehem Steel Company, is the converter referred to by Fry.)
William Kelly, in effect, disappeared from the record until 1871 when he applied for an extension of his patent of June 23, 1857. The application was opposed (by whom, the record does not state) on the grounds that the invention was not novel when it was originally issued, and that it would be against the public interest to extend its term. The Commissioner ruled that,[117 ] on the first question, it was settled practice of the Patent Office not to reconsider former decisions on questions of fact; the novelty of Kelly's invention had been re-examined when the patent was reissued in November 1857. Testimony showed that the patent was very valuable; and that Kelly "had been untiring in his efforts to introduce it into use but the opposition of iron manufacturers and the amount of capital required prevented him from receiving anything from his patent until within very few years past." Kelly's expenditures were shown to have amounted to $11,500, whereas he had received only $2,400. Since no evidence was filed in support of the public interest aspect of the case, the Commissioner found no substantial reason for denying the extension; indeed "very few patentees are able to present so strong grounds for extension as the applicant in the case."
In a similar application in the previous year, Bessemer had failed to win an extension of his U.S. patent 16082, of November 11, 1856, for the sole reason that his British patent with which it had been made co-terminal had duly expired at the end of its fourteen years of life, and it would have been inequitable to give Bessemer protection in the United States while British iron-masters were not under similar restraint. But if it had not been for this consideration, Bessemer "would be justly entitled to what he asks on this occasion." The Commissioner[118 ] observed: "It may be questioned whether [Bessemer] was first to discover the principle upon which his process was founded. But we owe its reduction to practice to his untiring industry and perseverance, his superior skill and science and his great outlay."
Conclusions
Martien was probably never a serious contender for the honor of discovering the atmospheric process of making steel. In the present state of the record, it is not an unreasonable assumption that his patent was never seriously exploited and that the Ebbw Vale Iron Works hoped to use it, in conjunction with the Mushet patents, to upset Bessemer's patents.