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for Daniel Hart after that; that, while doing that work, he was at Drawbaugh's shop to get a boring-machine mended which he was using in the work, and Drawbaugh showed him his talking-machines, and talked through them from one floor of the shop to another. The witness understood and heard through the machine the words that Mr. Drawbaugh spoke into it. His testimony is corroborated by Jacob H. Kilmore, William H. Martin, and John A. Smith. Cyrus Orris testified that he saw Drawbaugh's talking-machines at different times from about the first of April, 1871, down to 1880, and took his son-in-law, Jacob E. Smith, to Drawbaugh's shop to see the machines about April 1, 1871. Benjamin K. Goodyear testified that in 1871 he seized the personal property of George W. Kissinger, of Milltown, upon an execution issued November 13, 1871; that on December 4, 1871, the attached property was appraised, and on that day witness went to the workshop of Daniel Drawbaugh to find J. B. Drawbaugh, to summon him as an appraiser, and had to wait for him there a short time; that, while waiting there, Daniel Drawbaugh showed him his talking-machines and talked through them to him, and witness heard him speak and understood distinctly the words that he spoke through the instrument; and that he was never in Drawbaugh's shop afterwards, so far as he can recollect. George Natcher testifies that he lived at Milltown in 1871, 1872, and never has been in the town since August 9, 1872; that while living there he was at Drawbaugh's shop, and saw and talked through the talking-machine on different floors, and listened at the same machine and understood what was said through it. Mrs. B. B. Spangler, a sister of George Natcher, testifies that she moved away from Milltown in 1872, and never has been there since; that she talked into Drawbaugh's talking-machines while she lived there; and that she was so small that Harman Drawbaugh had to lift her up to enable her to talk into the machine. Mrs. Mary Free testifies that she was with her sister, Mrs. Lydia Drawbaugh, at Drawbaugh's shop, in September, 1872, when he talked through the machines to them, and she remembers hearing through the machines, "Good afternoon, ladies!" Drawbaugh told them that the machines operated by electricity. Mrs. Lydia Drawbaugh testifies that she saw the talking-machines in September, 1872, her sister, Mrs. George Free, being present. David M. Ditlow testifies that he saw Drawbaugh's talking-machine about 1872, when Drawbaugh talked through it, and witness heard and understood through the machine what he said. David K. Ernst testifies that he was at Drawbaugh's shop with John B. Bloser about the middle of June, 1872, and talked with Drawbaugh about the talking-machines, and thinks he saw them at that time. This testimony is corroborated by John Bloser. N. W. Kahney testifies that he saw the talking-machines about 1872. William H. Martin testifics that he was at Milltown with John Keefauver, to get George Hosler to make him a pair of boots. Hosler lived at Milltown only from March, 1872, to

March, 1873. At that time witness and Mr. Keefauver went down. to Drawbaugh's shop and talked through the talking-machine from the basement to the attic, and heard and understood what was said through the machines. They talked and listened at the same instrument. John F. Keefauver corroborates Mr. Martin and also states that he talked through Drawbaugh's talking-machine with Jacob M. Sadler in April, 1873, prior to the death of George B. Heck, and that about two or three years before he saw the talking-machines he had heard a good deal about them, and first heard of them at a place seven miles west of Carlisle. William W. Snyder testifies that he was at Drawbaugh's shop on Wednesday, February 5, 1873, and saw the talking-machines. He verifies the date by an entry in his diary. Jacob Barber testifies that he was a candidate for the office of county commissioner of Cumberland county in the summer of 1873, and in connection with his canvass went to Drawbaugh's shortly after the death of George B. Heck. While at Drawbaugh's shop he saw the talking-machine, and was never in the shop after July or August, 1873. Ezekiel Worley testifies that about the year 1873 he saw the talking-machines at Drawbaugh's shop. His statement is corroborated by John K. Taylor. Abraham Ditlow testifies that he knew of Drawbaugh's talking-machine in 1874, and saw it and talked through it at that time. He had forgotten the fact, but was reminded of it by Mr. Alexander Milner, of Porter county, Indiana, whom witness told about it in May or June, 1876, in Indiana. William Eppley testifies that he visited Drawbaugh's shop for the last time in May or June, 1875; that he was there several times during the two years preceding that period, and had seen talking-machines. Jonathan Fry testifies that he was at Drawbaugh's shop with Mr. Hamme and Mr. Frederick in the winter of 1875-76, and saw the talking-machines there. Jacob Evans testifies that he was at Drawbaugh's shop with his wife, his brother Andrew, and his sisters, Margaret and Sarah, about December 1, 1875, and saw and talked through the talkingmachines. Henry L. Hamme testifies that he was at Drawbaugh's shop either in the last of January or the beginning of February, 1876, in company with George Frederick and Jonathan Fry, and saw and talked through the talking-machine at the time; that he heard and understood very plainly what was said through the machine even when Mr. Drawbaugh talked in a whisper. George Frederick testifies that he was at Drawbaugh's shop with Mr. Hamme and Mr. Fry in January or February, 1876, and saw the talking-machine. S. S. Rupp testifies that he was at Drawbaugh's shop with Mr. Hammacher and his scholars on February 1, 1876, and recollects that Mr. Drawbaugh at that time spoke about a machine that he had which he called a talking-machine, but the witness was interested in other things and did not pay much attention to it. George H. Bowman testifies that he saw talking-machines in Drawbaugh's shop in February, 1876, at which time somebody was talking to Mr. Drawbaugh through them.

Charles L. Drawbaugh testifies that he saw and talked through the talking-machines at Drawbaugh's shop a year or more prior to May 1, 1876, and heard and understood what was said.

The third class of witnesses are those who identify more or less positively one or more of the several exhibits as the instruments used by them, or which they saw used by others, prior to March 7, 1876. Exhibits F and B are identified by the following witnesses: Brooks saw them in 1874; Smyser, in 1872; Eberly, before December, 1870; Wagner, in the fall of 1874; Freese, in 1869 or 1870; Yetter, about Christmas, 1875; Fry, spring of 1375; Carl, in 1870; Scherick, in 1869; Balsley, between 1870 and 1874; Good, before 1872; Kahney, in 1871 or 1872; Schettel, about 1872; Nichols, in 1875; Renneker, in May, 1875; Weber, late in 1874; Stephen, before 1875; Shireman, about 1872; Hawn, about 1872; H. B. Eberly, in May, 1873; J. C. Smith, between April, 1872, and April, 1873; Sternberger, in October, 1871; Fetterow, in April, 1876; Halsinger, prior to 1876; Shoop, in 1869; H. F. Drawbaugh, in 1872; Zimmerman, in 1871; Bates, in 1874; Guist weit, in July, 1870; Hale, in fall of 1873; Stone, in June, 1871; Free, in June, 1872; J. A. Oyster, in June, 1875; Harman K. Drawbaugh, in January, 1871; J. B. Drawbaugh, in 1869; G. W. Drawbaugh, in 1870; Lenseman, in July, 1871; Fisher, in 1868 or 1869; Hubler, in fall of 1873; Updegraff, in 1874; W. H. Decker, in 1873; and a number of other witnesses saw one of these two exhibits.

The identification of Exhibits C, I, and A is made by a smaller number of witnesses. Some of them think they saw C in 1870, and others at various dates after that and as late as March, 1876.

One of the witnesses thinks he saw I in 1871, the others locate the occasions in 1873, 1874, and 1875. Some of the witnesses think they saw A as early as 1872, one of them in 1870; but most of them saw it, they think, in 1875.

Exhibits E and D resemble each other very closely in appearance, and most of the witnesses produced to identify them saw both at the same time. They locate the time as follows: Fry, laborer, in May or June, 1875; Fry, farmer, in April, 1875; Bayler, in June, 1873, (Exhibit D;) Springer, after April, 1876; Schettel, about 1875; Shoop, after February, 1877; Musser, in June, 1876, (Exhibit D;) Millard, in 1875; Holsinger, in summer of 1875; Shoop, in 1874 or 1875; Bates, between 1874 and 1877; Dellinger, in March, 1876, (Exhibit E;) Gustweit, between 1870 and 1876; Bowen, in September, 1878; Hale, in fall of 1875, (Exhibit D;) Michael Dellinger, in November, 1877, (Exhibit D;) Harman K. Drawbaugh, in January, 1875, and helped put up wire for them; J. B. Drawbaugh, prior to January 26, 1875; George W. Drawbaugh identifies all the exhibits 8 seen by him sometime between 1871 and 1878; Updegraff and Musser, in 1876; Smith, in 1872 or 1876, (Exhibit E;) May, in 1876, (Exhibit D;) J. H. Smith, in May, 1876, (Exhibit D;) Decker, in 1874,

(Exhibit D;) Vannasdale, in February, 1875; Evans, in fall of 1875; Mrs. Erb, in fall of 1875; S. E. Evans, in fall of 1875, (Exhibit D;) M. E. Evans, in fall of 1875, (Exhibit D.)

Some of the witnesses who identify exhibits identify the whole series. Other witnesses besides those named identify one or more of the exhibits as seen by them at times subsequent to the date of Bell's application for his patent. Some of the witnesses who identify one or more of the instruments exhibited to them by Drawbaugh as the Exhibits F, B, or C, saw or used them in 1875 or 1876. Among these are the following to whose testimony a reference will be made: Mr. Springer testifies that he repeatedly talked and listened with Drawbaugh through the instruments, after the first of April, 1876, using Exhibits F and B as the instruments. Mr. Musser testifies that he talked through F and B in June, 1874, but the proofs show that this occasion was as late as in the summer of 1876. Mr. Moore, who is produced to show that Drawbaugh applied to him to acquire an interest in the invention, testifies that the talking-machine which Drawbaugh produced was Exhibit B. This was in May, 1875. Mr. Bayler testifies that he talked through F and B in 1873, but the proofs show that the occasion was between 1875 and 1877. Mr. Nichols locates the middle of January, 1875, as the time when he saw Exhibit B in use.

That the talking-machines referred to by the witnesses were electric instruments is clearly established. Drawbaugh testifies explicitly that they were always used with a closed circuit, and without breaking the current, some of them being battery telephones, and some magneto telephones. He always represented them as actuated by electricity to those to whom he explained or described them, and claimed his invention would supersede the telegraph. His assertions show them to have been electrical instruments. He stated to the witness Shank, "It was the greatest invention ever known; if he had the means to go on with it they could talk, or rather be a time to come as to talk, to the old country same as we can talk here." Το Zacharias, that "he could run it out for miles, and parties could talk in at one end and be heard at the other end the same as persons in a room together." To Smith, that "parties between Harrisburg and Philadelphia could communicate as if they were speaking together; there would hardly be any limits;" it was an "instrument to convey the voice to supply the place of the telegraph." To Smyser, that it would work "from here to California." To Fry, that one "can talk as far as the wire goes." To Carl, that "he could hear a man talk from that place to New Cumberland or Harrisburg, and understand distinctly what he said." To Sherwick, that it was "better and handier than the telegraph; that you could just talk through it in place of writing." To Balsley, that "by attaching two wires you can hear it away off; the telegraph is nowhere with it." To Kahney, that "he could talk the same for miles as he could for a short distance."

To

Shettel, that "if he had a wire from the shop in connection with the telegraph wires at White Hill he could talk to Mechanicsburg by having a machine there or an instrument in the office; that it would be better than telegraphing, and that it would be worth a great deal of money." To Reneker, that "he thought he could make it that he could talk through to Harrisburg; he thought they would take the place of telegraphing." To Weber, that "it beats all the others of my inventions; he could carry sound, or rather talk, as far as Shiremanstown." To Hawn, that "he would be able to operate, that a man preaching in New York, that a congregation in Philadelphia would hear the same sermon." To Kabney, that "he could just as easy speak ten miles as cne, or any distance he would choose to." To Rupp, who was there with Hamacher, that "it was worked by electricity; would take the place of the telegraph, and that he could make it so that he could talk to San Francisco." To Musser, that "he was going to make a machine to talk from Harrisburg to Philadelphia, and it would be cheaper and quicker way than telegraphing." To Smith, that "he believed they could talk for a hundred miles." To Fetterow, that "I could speak ten, fifteen, or twenty miles, or even to California if there was a wire extended." To Wisler, that "he could attach a wire to it and talk for ten miles-as far as he could have a circuit around." To H. F. Drawbaugh, that "he could talk across the continent." To Free, that "the talking-machine could be used to talk at a long distance-from Philadelphia to California." To Landis, that "it could be used a thousand miles; it would take the place of the telegraph." To Lenig, that "he could talk hundreds of miles through that." To Updegraff, that "instead of using the old mode of telegraphing he could talk directly through the wire; he thought he could talk as far as you could use the ordinary telegraph wire." To Draper, that "he thought it was or would be one of the greatest inventions of the age, and would take the place of telegraphing." To A. Evans, that "he could take this machine and talk clear out to Europe across the ocean." To Eicholz, that "if he could only get some one to help him once he would run it to Harrisburg and convince them, and then he would run it from Harrisburg to Philadelphia." He stated to the witness Shank, that "it works by electricity." To Smith, that "it was by electricity." To Nichols, that "the sound was conducted by electricity." To C. Eberly, that the instruments were "to convey sound by electricity." To Coudry, that "they were operated by electricity." To Shoop, that "it operated by a battery." To Shireman, that "they operated by magnetism." To Hawn, that "they would be operated on by a battery." To N. W. Kahney, that "the machine was operated by electricity-by a battery." To Zimmerman, that "it was electricity that would pass it over the wires; that it would carry the sound right along." To Hale, that "it was driven by a magnet." To H. K. Drawbaugh, that "the sound could be carried to a distance on a wire by the use of

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