Samuel O’Reilly vs. Elmer Getchell
Written & Researched by Carmen Nyssen
At the turn of the century, a storm was brewing in the tattoo world. On April 19, 1899, New York City tattoo artist, Elmer Getchell, was served a subpoena and an accompanying Bill of Complaint submitted by celebrated Bowery tattooer, Samuel F. O’Reilly.
The claims? O’Reilly alleged that Getchell had infringed on his 1891 electric tattoo machine patent by producing and selling large quantities of machines “made according to the patent.” The ensuing court case (a wearying back-and-forth battle) dragged on for a year, draining O’Reilly’s pocketbook and accomplishing nil in his favor. Ultimately, in May of 1900, the case was dropped without resolution.
Court Case Documents
The above snippet of information and more is what I learned from court case documents. I obtained the records in 2009, because I wanted to know the specific circumstances of the case. The popular version of the O’Reilly-Getchell story doesn’t offer much detail or context and I had a nagging suspicion this highly significant incident in tattoo history deserved a closer look. Tracking down the case wasn’t easy, but the effort paid off. As expected, the documents offered an insightful glimpse into pre-‘turn of the century’ tattoo history.
Invention of Tattoo Machines in the 1800s
The first surprise in O’Reilly-Getchell court case documents is that they allude to the existence of multiple types of pre-1900s electric tattoo machines. For years, Sam O’Reilly’s 1891 rotary tattoo machine patent has been the only officially recognized electric tattooing device of the era. But many tattoo machine historians theorize that a variety of machines were made in the 1800s. After reading the court papers, I was motivated to prove them right.
I put my nose to the grindstone and unearthed some groundbreaking information on the subject of 1800s electric tattooing. One thing I secured right away was the application paperwork for the first three tattoo machine patents. These documents, together with the rest of my years of research, offer a whole new perspective on the nature of invention and patents.
See my feature essay for the details!
Early Tinkerers of Electric Tattooing
Samuel F. O’Reilly on Cross-Examination
Another bombshell is revealed in cross-examination transcriptions. While the bulk of historical write-ups about O’Reilly claim that he had tattooed in New York from the 1870s on, evidence presented by Elmer Getchell and his lawyer hint at another story.
According to transcribed court proceedings, when O’Reilly took to the stand, Getchell’s lawyer badgered him about his whereabouts between the years 1874 and 1878; he additionally asked O’Reilly if he remembered being in New Haven [Connecticut] in that period. Though O’Reilly failed to answer, the insinuation in the questioning was clear —defendant’s Exhibit H was “an alleged certificate of conviction.” Getchell and his lawyer knew O’Reilly had been in prison, in Connecticut, during the posed time frame.
This revelation prompted a whole new thread of research. Almost immediately, I found several 1878 newspaper articles about a Samuel O’Riley (aka Riley, aka O’Reilly) who was captured in Detroit, then subsequently delivered to Waterbury, New Haven, Connecticut (O’Reilly’s hometown) to face trial for burglary.
After that I consulted the Connecticut State Library’s online historical index and found a Wethersfield State Prison listing for a “Samuel C. Riley” for the same year. Though the name was slightly off, it was worth an inquiry. The reference librarian had difficulty locating the record at first, as the name had in fact been transcribed incorrectly, but eventually the certificate sentencing “Samuel O’Riley” to five years in prison was in my hands.
I’ve shared some more of my indepth research here on these Buzzworthy Tattoo History biographical sketches: Sam O’Reilly and Elmer Getchell.
For more on Samuel F. O’Reilly and Electric Elmer Getchell’s tattoo rivalry see Buzzworthy Tattoo History research compositions:
New York Tattoo Shops at 5 & 11 Chatham Square (Sam O’Reilly & Elmer Getchell’s turn of the century tattoo shops)
Questions or Comments? Email:
carmennyssen@buzzworthytattoo.com
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