Joseph P. Bradley

“ It is somewhat difficult in practice to draw the line of distinction between the two classes, inasmuch as many instruments, originally used only for the purpose of observation and experiment, have since come to be used, partially or wholly, as implements in the arts; and, on the other hand, many implements merely mechanical are constantly used as aids in carrying on observations and experiments of a philosophical character. ”

“ We also think that the judge committed no error as to the character and classification of the other instruments, respecting which he directed the jury what verdict to render. It is unnecessary to review the evidence in detail with regard to each instrument. Suffice it to say that, while there might be some ground for question with regard to particular cases, yet on the whole we think that the proper principle was followed, and that no injustice was done to either party. To illustrate our views we may take one or two instruments by way of example. ”

“ The most that can be done, therefore, is to distinguish between those implements which are more especially used in making observations, experiments, and discoveries, and those which are more especially used in the arts and professions. ”