We now come to 1833, the date of Hussey's patent; and to 1834, the date of C. H. McCormick's first patent. These were known and admitted by all to have been the rivals for popular favor and patronage, from about the year 1844 or 1845 to the opening of the great Industrial Exhibition in London, in 1851. To these, therefore, the enquiry will be more particularly directed.
We must, however, refer back for a brief period to 1831; for although C. H. McCormick's first patent was dated in 1834, yet when he applied for his extension in 1848 he alleged that his invention was prior to Hussey's, as he had invented a machine in 1831, two years before the date of O. Hussey's, and three years before the date of his own patent. The evidence produced written and prepared by C. H. McCormick and now on file in the Patent Office) was deemed inadmissible and informal by the Board, and it refused to go on with the examination either as to priority or validity of invention without notice to Hussey—his patent being called in question by McCormick—to be present when the depositions were taken.
McCormick's Attempt to Get Hussey's Signature
Before, however, receiving the official notice, he was called on by C. H. McCormick in Baltimore, and requested to sign a paper, agreeing or admitting, that the testimony he had himself prepared should be considered evidence—i.e. considered formal; alleging that it would save him trouble and expense in going to Virginia. This was declined by Hussey on the ground that he might thus unwittingly injure himself; he having previously applied for an extension of his own Patent. Neither was he then aware of the nature of this evidence; or until this interview, was he advised of C. H. McCormick's application for extension.
Hussey was subsequently duly notified by order of the Board to be present at taking the depositions in Augusta County, Virginia,—the Board having adjourned three weeks for that purpose.
Either just previous or subsequent to these proceedings the case was referred by the Commissioner of Patents, or Board of Extensions, to Dr. Page, one of the Examiners of the office.
His report is as follows:
"Patent Office,
"Jan. 22d, 1848.
"Sir: