Page:Federal Reporter, 1st Series, Volume 8.djvu/826

S12 , FEDSBAL . SESPOBTEB. �made none since; that those he had left, from four to six, he gave to his landlord for rent, and that they were slow-selling things. Being asked the namea of any persons in his employ when he made the articles in Madison street, he gives the names of Charles Guessnar and Eichard Harding. Harding was called by the plaintiffs. He was a cartman, and knew Anden in Madison street as a painter, but did no work for him save carting a load of f urniture. Anden states.as a means of fixing the date when he first made these structures, that he was at the same time painting what was called the Boston rocker, belonging to Palmer Brothers, and that he has a memorandum showing the receipt and delivery of Boston rockers, dated between December 7 and 10, 1861. He gives no description of what he calls the Boston rocker, nor does he state anything to show what it was, exeept when asked if it had a "toy-box." ' Hesays it had "tb secure the haaid in the single- . headed jfocker." ihis is; all very confused, The defendants claim that there isother evidence to show what this Boston rocker was, and that it was made about 1861, and to no great estent afterwards. Kich testifies that he sold at Boston, from 1859 to 1861, a rocking- horse andoradle combined, made under patent No. 23,003, granted tb Arad Woodworth, 3d, and others, Febrnary 15, 1839; but he says that it wasnot, to his knowledge, called the "Boston rocker." Goodrich testifies to the' same roeker as. Eich, as sold in Boston in 1860, and says that it was known in the ttadegenerally by the name of the "Bbston rocker;" that the last he sold was in 1869, and that they were not made. af ter that to his own knowledge. Tibbals testi- fifid that an, article called the "Boston rocker" appeared in New York about 1862; that the nearest thing to it is Exhibit 4, which is a rocker with a seat in a box, and a horse's head in the middle in frdnt; that he has not seen one since 1869, and that it had a short ruu of about two years. The Woodworth rocker is one with a seat in a box, and a horse's head in the middle in front. On the whole, it must be accepted that the Boston rocker referred to by Anden was the Woodworth rocker. �John H. Brown, of the fiim of Elder & Brown, for whom Anden worked as above stated, testifies that Anden was their foreman painter for several years, including 1868; that he sold to Anden toys, and hobby-horses, and rocking devices in November, 1868, to be sold in his trade, he being engaged in business in Chatham street, and Bethune, and Washington; that Anden, during the time he worked for him, told him about his manufacturing hobby-horses, "Ghoo-flys and Dexters;" that Anden called such hobby-horses and ��� �