I think, indeed, it will be very extraordinary if two young men in the prime of life, with some share of ingenuity, and with a little knowledge of the world, a great deal of industry, and a considerable command of property, should not be able to sustain such a stroke of misfortune as this, heavy as it is.” Whitney attempted to rebuild his factory, but the affairs of the firm were in extreme jeopardy. He had to pay twelve per cent. a year to borrow money for his work. Then certain English manufacturers reported that the cotton that was cleaned by Whitney’s gin was not of good quality. The struggle was a hard one. He wrote to Miller, “The extreme embarrassments which have been for a long time accumulating upon me are now become so great that it will be impossible for me to struggle against them many days longer. It has required my utmost exertions to exist without making the least progress in our business. I have labored hard against the strong current of disappointment which has been threatening to carry us down the cataract, but I have labored with a shattered oar and struggled in vain, unless some speedy relief is obtained.... Life is but short at best, and six or seven years out of the midst of it is to him who makes it an immense sacrifice. My most unremitted attention has been devoted to our business. I have sacrificed to it other objects from which, before this time, I might certainly have gained $20,000 or $30,000. My whole prospects have been embarked in it, with the expectation that I should before this time have realized something from it.” Pirates now filled the field, and the lawsuits which they were compelled to bring to defend themselves went against them. Miller wrote to Whitney on May 11, 1797, “The event of the first patent suit, after all our exertions made in such a variety of ways, has gone against us. The preposterous custom of trying civil causes of this intricacy and magnitude by a common jury, together with the imperfection of the patent law, frustrated all our views, and disappointed expectations which had become very sanguine. The tide of popular opinion was running in our favor, the judge was well disposed toward us, and many decided friends were with us, who adhered firmly to our cause and interests. The judge gave a charge to the jury pointedly in our favor; after which the defendant himself told an acquaintance of his that he would give $2,000 to be free from the verdict, and yet the jury gave it against us, after a consultation of about an hour. And having made the verdict general, no appeal would lie. “On Monday morning, when the verdict was rendered, we applied for a new trial, but the judge refused it to us on the ground that the jury might have made up their opinion on the defect of the law, which makes an aggression consist of making, devising, and using or selling; whereas we could only charge the defendant with using.