oAnY v. Dommsrro s1¤mNc.-BED oo. 39
In considering the application, I have confined myself mainly to
the testimony of the three employes of the American Spiral Spring
Butt-hinge Company, to-wit, John I. Riker, and John and Joseph R.
Pereira.
Mr. Biker says that in 1864 he became the foreman of the Ameri- -
can Spiral Spring Butt-hinge Company, then carrying on its business
in Jersey City; that they manufactured spiral springs in connexion
with butt-hinges; that he was in the continuous employ of the com-
pany from 1864 to 1875, either as foreman or superintendent, and
was thoroughly acquainted with all its manufacturing operations, and
conducted them; that he studied the best means of tempering the ,
springs after they were completed, and early learned that it injured
their quality to heat them, beyond a blue color, to a red heat; that
for several years he was in the habit, after heating the springs, to
plunge them into an oil-bath, supposing that it was necessary in or-
der to impart to them a good, even, elastic temper; but that in the
year 1867 or 1868 (certainly before 1870) he had some springs, on
which some japan had accidentally dropped, and which he put into
the furnace to burn off, and found their quality improved, although
he had not cooled them in the oi1·bath mixture. " This," he con-
tinues, "led us to experiment, and we found that the heating alone
caused the increase of elasticity, and that the cooling was not neces-
sary. Therefore, we discontinued the use of the [oil] mixture on the
springs, and simply heated them to a blue color, and let them cool oif
in the air."
John Pereira testifies that he was employed in 1864 as a workman
in the same company, while Riker was foreman, and has remained
in their employ ever since; that he was familiar with all departments
of their business, and at present has the charge of their factory as
superintendent. He states in his affidavit the incident to which Mr.
Biker refers, from which they learned that the increased elasticity of
the spring arose from the mode of heating, and not to the cooling in
the oil-bath. He says that some years before 1870, and, as near as
he can recall, in the year 1867 or 1868, they put some butts in the
oven, with the springs in, to burn off some japan, which had dropped
on them, and to his surprise he ascertained that the springs were not
ruined, but were better than before. 'I‘hey learned from experiment
that heating the springs to a springutemper heat and to a blue color
improved their elasticity, and that such heating was the best process
for tempering, and that they have continued such process more or
less ever since.
His brother, Joseph, swears substantially to the same effect. He
says: ·
" About 1867, and before the japanning oven was built, we had some springs
that got japan on. It was necessary to take off thejapan, and so we burned
it off by putting them on a plate over the tire. They were heated enough to
burn off the japan, and not to a red heat. I supposed that the temper would