consequence was that from their distant homes, from Maine to Texas, they sent their orders to Mr. Green for his unrivaled smoking tobacco. They boasted of its virtues to their neighbors, and regaled their senses with its odors; and thus was laid the foundation of the world-wide celebrity of the Durham smoking tobacco.
The introduction of the Durham Bull as the conspicuous characteristic of the Trade Mark was not made until the Autumn of 1866. This fact rests upon the testimony of more than one witness. James Y. Whitted, a manufacturer of tobacco at Hillsboro' and a man whose character is avouched by his neighbors, deposed that he, in the year 1866, suggested to Green, the idea of adopting the Durham Bull as his Trade Mark, and that Green acted upon the suggestion, in the Autumn of that year. Several other deponents state that Green never used the Bull as a Trade Mark prior to that date. But the conclusive proof of this fact is the certificate of copy-right taken out by Green in the Clerks Office of the Southern District of New York, May 2nd, 1866, which makes no reference to the Bull. In this copy-right the brand is in the following words: "Genuine Durham Smoking Tobacco manufactured by J. R. Green, the right whereof he claims as proprietor in conformity with the act of Congress, &c."
Ward deposed that up to the time he resold to Green in November, 1865, there was no representation of a Bull, nor any part of a Bull used on packages of smoking tobacco, or any sign by any one at Durham. The absence of any reference to the Bull as a Trade mark in the above certificate of the copy-right, coupled with this testimony of Ward, a partner or sole owner in 1862, 1863, 1864, and 1865, is fatal to any claim founded on an alleged purchase of an interest in the Trade Mark, at an earlier date. Indeed, Ward became a partner in the business before Green purchased an interest, and could not fail to be thoroughly informed in regard to its history.
In 1869 J. R. Green disposed of a half interest in his business to W. T. Blackwell and James R. Day. These gentlemen, up to that date, were engaged in the sale of manufactured tobacco at Kinston in the lower part of the State. The terms of the contract are stated in a paper signed by J. R. Green, and dated, Durham, March 30, 1869. Green acknowledges the receipt from Blackwell and Day of fifteen hundred dollars,
"to be used in the manufacture of tobacco for the present year, and it is hereby agreed that the full amount shall be used for the tobacco business exclusively and for no other purpose, for twelve months from date; and it is hereby agreed that J. R. Day, of the firm of Blackwell & Day, is to give all his personal attention to the management of the business; and that I agree to give such attention to the business as my health will admit, and at the expiration of twelve months we are to divide equally all the profits, if there be any, between myself and Blackwell & Day, after allowing me one thousand dollars for the rent of factory and the advantages of my trade, and in case of loss each party interested shall bear their proportionable part."
[SIGNED] J. R. GREEN.
This contract is doubly interesting, as forming at once, an important link in the narrative, and as illustrating the contrast between the small beginning, and the vast progress made within a few brief years, of this remarkable enterprise.
Mr. Green's health was failing. Early in July, 1869, he went to the Catawba Springs, in the hope of finding relief; but he continued to sink rapidly, and died on the 21st day of that month. He left a will, in which his father Mager Green, was named as Executor.
The latter, in pursuance of the authority
| Index - Contents |
 |
|
| ||
|
||