Fifty Years of GolfHutchinson, Horace G. (Horace Gordon)
History
Fifty Years of Golf
Hutchinson, Horace G. (Horace Gordon)
Golf
Then an old gentleman was called who said that he had played at ball as
a boy with another old gentleman whose name he gave, with a ball similar
in all its essentials to the Haskell golf ball. The other old gentleman
was called then, and he was asked whether his memory corroborated this,
and whether it was in essentials the same ball. To which he answered, to
the delight of the Court, that it was not the same ball at all. "What
then," asked the Counsel, in a profoundly shocked voice, "do you mean
to say that you think your old friend is a liar?" "No," he replied quite
readily, "I don't think so, I know it." I looked out to see these two
old friends going out of Court, to discover whether they were quite as
good friends as they had been before, but I could not see them.
I do not remember much about my own testimony. I think what I said was
true, but I am nearly sure that it was quite unimportant. The present
Lord Moulton, I remember, examined, or cross-examined me, but he did not
turn me inside out very badly, and I believe I left the Court "without a
stain on my character," according to the stereotyped phrase. At all
events the conclusion of the whole matter was that we lost our case very
handsomely. The Judge, considering the evidence of the old lady, of
Commander Stewart, of Willie Fernie and so on, said that he thought
there were sufficient witnesses to "previous user," and no doubt
"Messrs. Hutchison, Maine and Co."--I think this was the name of the
firm opposing us--fought a good fight in the best interests of the
golfer, for it would have been a bad job for us all if there had been a
monopoly in the hands of one firm of the manufacture of the rubber-cored
balls. They put the prices up against us fairly high as it was, without
that. Had there been a monopoly of manufacture we might now be paying
five shillings each perhaps, instead of half-a-crown, for the balls--a
very solemn thought. They carried this case to the Court of Appeal, but
that Court only confirmed the finding of the Court below, and thereto
added this further comment, that whether there were "previous users" or
no, they did not think that the invention in itself had sufficient
novelty for the patent to be good. So that "put the lid on," to use
homely phrase.
Public-domain text, read in full here on John Shaqi.
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