Faraday to Simon Cock   12 August 18181

Royal Institution | August 1818

Dear Sir

I called on Mr. Hume2 this Morning on returning from the Office but am not sure any thing he said would influence you. He talked much of what was irrelevant to my object and I could not get him to say distinctly that the Malt (i.e like yours) was made by Mr. <-> of <-> before your patent for the purpose of colouring beer: he could not fill up the vacuities in name and place or would not - But he said this much that he had been in Herefordshire to a kiln where he believes he was not expected - that they were not at work but by desire of the master or others set to work - that he ascertained the temperature of the kiln and found it to be in all places above 400° - that this was not in the air alone but in the grain - that he used among other means alloys of metal fusible at different points and that pieces of these alloys not fusible below 400° fused among the malt in the kiln - that the malt produced was called high dried brown malt. - He further says that the malt I enclose (being some I took out of a parcel he shewed me) was made at the kiln in Herefordshire before the date of your patent - this however he could not state on his own authority but said that the Men are ready and were in court with samples like that to swear it was made before that date - He further observed that he was with Mr. Ronalds3? of Apothecaries Hall when the experiments were made by which malt like yours was prepared under 400° and could swear to it but observed it took a very long time - and he did not explain to me the anomaly of it being prepared under & not above 400° as is implied in their affidavits - He talked a good deal of sugar starch &c which I could not distinctly understand but concluded by observing that out of the many points that would destroy the patent it would fall by that of previous preparation of the Malt as to be sworn by the Malsters men to the samples they would bring[.]

I must confess I do not know what to make of all this. There will be many oaths against you and these oaths they say are tack’d to facts[.] Mr. Hume’s confidence in his experiments on the temperature of the malt makes me doubt his confidence on the other points certainly, and almost the honesty of the defendants[.] I do not see any thing in his experiments, though well looking, that make me alter my opinion of the Malt; but You and Your counsel must be careful to point out or to draw out fully the chemical reactions of metals to heat as regards their capacity and conducting power [MS torn] his experiments, with the alloys, will appear to have great weight, though I believe they have none. But <<this>> can be explained better to you verbally by some of us[.]

Mr. Hume tells me he has been making an affidavit this morning & that More business is to be done tomorrow[.] I regret that success is not certain where it ought to attend. Mr. Wheeler4 said it was possible I should be wanted tomorrow and that I was to leave word where I should be5[.] I shall be somewhere at Hampstead and if required you will be able to ascertain the exact spot by inquiring of Mr. Barnard or of his family 34 Paternoster Row[.]

Yours Obediently | M. Faraday


Address: S. Cocks [sic], 2 Frederics Place | Old Jewry

Postmark: 12 August 1818

Simon Cock. Secretary of the African Trading Company. Johnstone (1817), part 4, p.139.
Possibly Joseph Hume (1756-1846, P1). Chemist.
Henry Ronalds. Member of the Worshipful Society of Apothecaries since 1815. Anon (1833), 15.
Daniel Wheeler.
See Wheeler v Maling in Court of Chancery 17 August 1818, reported in Times, 19 August 1818, p.3, col.c. Daniel Wheeler (otherwise unidentified) had taken out a patent in 1816 for a new process for preparing malt which involved heating it to 400°F. (Patent 4112, actually dated 28 March 1817). Maling (otherwise unidentified) had according to the report started using the method after the patent had been granted. Wheeler sued, but it emerged that he had not filed the specification within six months of the date of the patent. A temporary injunction was made against Wheeler preventing him from enforcing his patent. A request was made by Wheeler for the injunction to be dissolved. By this time it is clear from this letter that Maling had engaged Hume and Ronalds as expert witnesses to testify that the process had been in use before the date of the patent and that Wheeler had engaged Faraday. The Lord Chancellor, as Faraday feared, continued the injunction thus rendering the patent ineffective. This decision was upheld in Rex v Wheeler in early 1819. See Barnewell and Alderson (1818-22), 2: 345-54.

Bibliography

ANON (1833): A list of persons who have obtained certificates of their fitness and qualification to practice as Apothecaries, London.

JOHNSTONE (1817): London Commercial Guide and Street Directory, London.

Please cite as “Faraday0085,” in Ɛpsilon: The Michael Faraday Collection accessed on 28 April 2024, https://epsilon.ac.uk/view/faraday/letters/Faraday0085