Page:Federal Reporter, 1st Series, Volume 10.djvu/852

840 FEDERAL REPORTE R. �eration of " (9) "the public welfare bas induced us to" (10) "obtain a fine engraving, of which" (11) " this is a fac-simile," (12) "and to append our note of" (13) «hand, which cannot be" (14) " counterfeited without" (lb\ "the perpetration" (16) "of a felony." �The Word "and" and the word "as," in line 3, are smaller than the other letters. The words "we regard it," in line 3, and also Unes 5, 6, 11, and 16, are on a black ground darker than the rest of the ground, and the letters are somewhat larger than the rest. Ail the letters in the shield are capitals. The line of the top of the shield consists of two curves of equal length, starting from an apex in the iniddle of the width and concave upwards, and having a uniform sweep, and alike, and rising each to a point as high as the starting point, and then each falling ofi, by a short concave upward curve, to a point. Then the two aides of the shield sweep around down- ward, by equal curves, to the center of the width of the label and the lower point of the shield, completing the outline of the shield. The space on each side, between the outer edge of the shield and a bor- der around the label and a horizontal line running across at the lower point of the shield, is filled in with engraved work of waving, irregular figures. Undemeath the shield, in a parallelogram, is a promisBory note for one cent, payable to the bearer on demand, signed "Hostetter & Smith." In the middle of the width of the upper part of the note is a small circle, having in it the head and bust of an aged man with a long white beard. There is a border around the whole label. �The defendants' bottle is of the same size, color, shape, andmate- rial as the plaintiffs', and many of the defendants' bottles are old bottles of the plaintiffs with the name "Hostetter" blown in the glass, The side which bas that name on it is covered by the defendants' label. The defendants buy such old bottles when empty which the plaintiffs have sold in the market with bittera in. On one side is an engraved label with a white body, This label is substantially as long and as wide as the face of the bottle, and is of the same size as the plaintiffs' label. Near the top, in four lines in black, are the words "Clayton & Eussell's Celebrated Stomach Bitters, " one word in each line. The third and fourth lines have letters of the same size and character, larger than the letters in the first and second lines. The letters in the first line are larger than those in the sec- ond line, and of a different character from them, and from those in the third and fourth Unes. The letters in the first line and those in the fourth line each of them form a curve, the convexity of which is ��� �