Martien secured an American patent for his process in 1857 and to file his application appears to have gone to the United States, where he remained at least until October 1858.[40 ] He seems to have taken the opportunity to apply for another patent for a furnace similar to that of James Renton. This led to interferences proceedings in which Martien showed that he had worked on this furnace at Bridgend, Glamorganshire (one of the Ebbw Vale plants), improving Renton's design by increasing the number of "deoxydizing tubes." This variation in Renton's design was held not patentable, and in any case Renton's firm was able to show that they had successfully installed the furnace at Newark in 1852-1853, while Martien could not satisfy the Commissioner that his installation had been made before September 1854. Priority was therefore awarded to Quimby, Brown, Renton, and Creswell.[41 ]
Since Renton had not patented his furnace in Great Britain, Martien's use of his earlier knowledge of Renton's work and of his experience at Bridgend in an attempt to upset Renton's priority is a curious and at present unexplainable episode. Perhaps the early records of the Ebbw Vale Iron Works, if they exist, will show whether this episode was in some way linked to the firm's optimistic combination of the British patents of Martien and Mushet.
That Ebbw Vale exerted every effort to find an alternative to Bessemer's process is suggested, also, by their purchase in 1856 of the British rights to the Uchatius process, invented by an Austrian Army officer. The provisional patent specifications, dated October 1, 1855, showed that Uchatius proposed to make cast steel directly from pig-iron by melting granulated pig-iron in a crucible with pulverized "sparry iron" (siderite) and fine clay or with gray oxide of manganese, which would determine the amount of carbon combining with the iron. This process, which was to prove commercially successful in Great Britain and in Sweden but was not used in America,[42 ] appeared to Ebbw Vale to be something from which, "we can have steel produced at the price proposed by Mr. Bessemer, notwithstanding the failure of his process to fulfil the promise."[43 ]
So far as is known only one direct attempt was made, presumably instigated by Ebbw Vale, to enforce their patents against Bessemer, who records[44 ] a visit by Mushet's agent some two or three months before a renewal fee on Mushet's basic manganese patents became payable in 1859. Bessemer "entirely repudiated" Mushet's patents and offered to perform his operations in the presence of Mushet's lawyers and witnesses at the Sheffield Works so that a prosecution for infringement "would be a very simple matter." That, he says, was the last heard from the agent or from Mushet on the subject.[45 ] The renewal fee was not paid and the patents were therefore abandoned by Ebbw Vale and their associates, a fact which did not come to Mushet's knowledge until 1861, when he himself declared that the patent "was never in my hands at all [so] that I could not enforce it."[46 ]
Further support for the thesis that Ebbw Vale's policy was in part dictated by a desire to make Bessemer "see the matter differently" is to be found in the climatic episode. Work on Martien's patents had not been abandoned and in 1861 certain patents were taken out by George Parry, Ebbw Vale's furnace manager. These, represented as improvements of Martien's designs, were regarded by Bessemer as clear infringements of his own patents.[47 ] When it came to Bessemer's knowledge that Ebbw Vale was proposing to "go to the public" for additional capital with which to finance, in part, a large scale working of Parry's process, he threatened the financial promoter with injunctions and succeeded in opening negotiations for a settlement. All the patents "which had been for years suspended" over Bessemer were turned over to him for £30,000. Ebbw Vale, thereupon, issued their prospectus[48 ] with the significant statement that the directors "have agreed for a license for the manufacture of steel by the Bessemer process which, from the peculiar resources they possess, they will be enabled to produce in very large quantities...." So Bessemer became the owner of the Martien and Parry patents. Mushet's basic patents no longer existed.
Mushet and Bessemer
That Mushet was "used" by Ebbw Vale against Bessemer is, perhaps, only an assumption; but that he was badly treated by Ebbw Vale is subject to no doubt. Mushet's business capacity was small but it is difficult to believe that he could have been so foolish as to assign an interest in his patents to Ebbw Vale without in some way insuring his right of consultation about their disposition. He claims that even in the drafting of his specifications he was obliged to follow die demands of Ebbw Vale, which firm, believing, "on the advice of Mr. Hindmarsh, the most eminent patent counsel of the day,"[49 ] that Martien's patent outranked Bessemer's, insisted that Mushet link his process to Martien's. This, as late as 1861, Mushet believed to be in effective operation.[50 ] His later repudiation of the process as an absurd and impracticable patent process "possessing neither value nor utility"[51 ] may more truly represent his opinion, especially as, when he wrote his 1861 comment, he still did not know of the disappearance of his patents.
Mushet's boast[52 ] that he had never been into an ironworks other than his own in Coleford is a clue to the interpretation of his behavior in general and also of his frequent presumptuous claims. When, for instance, the development of the Uchatius process was publicized, he gave his opinion[53 ] that the process was a useless one and had been patented before Uchatius "understood its nature"; yet later[54 ] he could claim that the process was "in fact, my own invention and I had made and sold the steel thus produced for some years previously to the date of Captain Uchatius' patent". Moreover, he claims to have instructed Uchatius' agents in its operation! He may, at this later date, have recalled his challenge (the first of many such) in which he offered Uchatius' agent in England to pay a monetary penalty if he could not show a superior method of producing "sound serviceable cast steel from British coke pig-iron, on the stomic plan and without any mixture of clay, oxide of manganese or any of these pot destroying ingredients."[55 ]
It was David Mushet (or Robert, using his brother's name)[56 ] who accused Bessemer, or rather his patent agent, Carpmael, of sharp practice in connection with Martien's specification, an allegation later supported by Martien's first patent agent, Avery.[57 ] The story was that for the drafting of his final specification, Martien, presumably with the advice of the Ebbw Vale Iron Works, consulted the same Carpmael, as "the leading man" in the field. The latter advised that the provisional specification restricted Martien to the application of his method to iron flowing in a channel or gutter from the blast furnace, and so prevented him from applying his aeration principle in any kind of receptacle. In effect, Carpmael was acting unprofessionally by giving Bessemer the prior claim to the use of a receptacle. According to Mushet, Martien had in fact "actually and publicly proved" his process in a receptacle and not in a gutter, so that his claim to priority could be maintained on the basis of the provisional specification.