36 FEDERAL m!:PoBTEB.
has been impaneled and sworn. 1 Bish. Crim. Law, (5th Ed.) §§
1014-1016. The very case presented by the record here is thus stated
by Mr. Bishop, (section 1027:)
"For example, if, without a trial, the court quashes a valid indictment, or
gives the defendant judgment on demurrer, under the erroneous belief that
it is invalid, a trial may be had after the prosecutor has procured the reversal
of this judgment, because, as we have already seen, the prisoner is not in
jeopardy until thejury is impaneled and sworn." A
The motion of the district attorney for a capias is therefore granted.
Goonvms and another v. Hxarrono Srmue Axnm Co.
(Oircatt Uourt, D. Connecticut. February 27, 1885.)
PATENTS ron INVENTIONS—NOVELTY—STEELE SAND-BOX ron Cnznraem Axnss.
~ Letters patent, No. 62,231, granted to John S. Steele, February 19, 1867, for
an improved sand-box upon carriage axles, examined, and held void for want
of novelty.
_ In Equity. `
Henry T. Blake, for plaintiffs.
Wm. Edgar Mmonds, for defendant.
Smrman, J. This is a bill in equity to prevent the alleged infringe-
ment of letters patent granted to John S. Steele, February 19, 1867,
for an improved sand-box upon carriage axles. The patentee says in
his specification:
" My invention consists in a light, extra sand collar, C, placed upon a com-
mon axle a short distance from the wearing collar, A. The chamber, E, thus
formedby the collar, A, collar, C, and covering, D, prevents the mud and dust
from coming in contactwith the wearing collar, A. The housing or cover-
ing, D, is formed by an expansion and continuation of the pipe-box, F."
The claim was for "the sand collar, C, and chamber, E, in combi-
nation with the extended pipe-box, F, for the purpose set forth."
The question in the case is that of patentable novelty.
A "common axle" is an axle that has a single nut in front, with a
solid collar, or collar "shrunk on," at the inside end. The collar at the
back forms a bearing surface, which receives the endwise play of the
hub or of the edge of the axle-box, which is driven through the hub.
The advantages of the axle were that it was “easily made and conven-
ient to oil;" its disadvantage was that sand would End its way to
the inside end, so that the surface at the collar was liable to be rapidly
worn away. The "ha1f-patent axle" was the common axle with the
axle-box enlarged at the inner end, and projecting over and inclosing
. the collar. This was a slight improvement upon the common axle,
but obviously did not exclude the sand from the surface of the wear-
ing collar.