Page:Federal Reporter, 1st Series, Volume 8.djvu/289

ANDBBWS V. OBOSS. . 275 �and of law arising on the evidence, as it is impossible for the court to fully appreciate the bearing; of the testimony given in reply to ques- tions, direct and cross, put by the counsel for the , defendant, or to fully understand what might or would be the view taken ou the part of the defendant of evidence elieited by questions put on the part pf the plaintiffs. The first question which arises is as to the proper construction of the patent. A "well" is defined by Worcester to be "a deep, narrow pit dug in the earth, and usually walled, for the purpose of obtaining a supply of vrater." He defines "artesian well"^ thus: �" [Tr. Artesien, of Artois, in France, where this kind of well was first niade.1. A perpendicular perforation or boring into the ground, deep enough to reach a subteiTanean body of water, of which the Sources are higher tlian the place where the perforation is made, and so force up to the siu:face a constant stream of water." ' : ,'. : .'; �The specification states that the instrument is to be driven down to the water, and the earth it meets with is to be displaced by it and thus packed around it, and not removed upward from it; that the tube, which is either to be inserted'in the place Where the instrument bas been driven down, aftei such instrument bas been withdrawn, or is to be itself driven down in the first place, is to be air-tight through- out its length, except at its bottom, where it bas perforations to admit water; that these perforations are made for the purpose of obtaining a continuouf^. flow of water; and that, where the water dues not flow out from the top of the tube without the aid^of a pump, a pump is to be attached to the topof the tube by an air4ight connec- tion. The specification contemplates the procuring of water. The process seems to be divided into two stages— �(1) Making a hole for the tube down to water by displacing the earth by driving down a straight instrument into the earth, sothat the earth is packed around the instrument; (2) having in the hole thus made an air-tight tube, substantially as large as the hole, Mrith a pump attached to the top of the tube by an air-tight connection. �The specification does not otherwise explain the , rationale of the process which results in having the water issue from the top of the tube. When a rod which is not a tube is driven down to water, there is as yet no well. When the rod is withdrawn, if the source of the water is higher than the top of the hole, M'ater will issue from the top, and there is a well; and, when the air-tight tube is inserted in the hole, there is still a well. If the rod is withdrawn and the air- tight tube is inserted, or if such tube is driven in the first place, and no water issues without the aid of a pump,. there is no well, in the ��� �