The Birmingham age-herald., 1907-09-19
But Uncle Sam is From Mis- Souri and Sends the Invent
 or to Penitentiary
TWO WITNESSES SAID
 THEY HAD FOUND GOLD
J. A. Humphreys Tried for Exploiting Contrivance That Has to Be Fastened on the End of
 Switch.

Because Uncle Sam wouldn't believe that the Klondike mineral rod will locate gold and silver, its inventor, J. A. Humphreys. will have to serve thir- teen months in the Atlanta peniten- tiary and pay a fine of s10O. Such was the sentence placed upon him yester- day in the federal criminal court by Judge Hundley, who instructed the jury to return a verdict of guilty
 The case consumed almost the en- tire day going to the jury about 1 o'clock. The jury remained out only long enough to prepare the verdict. In Judge Hundley's charge he made it vary plain that offenders of this kind would not be tolerated, and that all those who attempted to use the mails for fraudulent purposes must expect punishment as long as he is on the bench.
 In placing the sentence Judge Hund- ley became sarcastic and wanted to know why the defendant had not gone to California and other places that were famous as gold producing coun- tries, saying that Birmingham was too small for the prisoner. Humpreys said that he didn't have any money, and the judge wanted to know why he had not organized a stock com pany, which would have been very easy with such wonderful inven ton. Continuing Judge Hundley said bat ha QOinQ to imnOgP the full penalty allowed by law but that he was strongly tempted to do so; that it riled him considerably when hard working laboring people were faked in this way, and that the full penalty was eighteen months and $500. but that he would make it thirteen months and $1O0.
 Lee Cowart, attorney for Humphreys gave notice of appeal and Humphreys was allowed bond for 5000.
 Description of the Invention.
 The gold locater consists of a small nickle cylinder, about inches long and ss of an inch thick. This cylinder | is tightly sealed, and according to the i defendants statement contained gold, | silver mercury. magnetic sand. car bon nitric acid and few other in gredients. On the outside of the cylin- der at each end Is a band with q hm- ble on each side. The instructions are to "cut swith 21s or feet long, split the largest end down about four inches and put both split ends through the thimbles on each side of the rod. Then take hold of the switch with both hands near the smallest end and stand it perpendicular. Then with steady hands hold for moment and the rod will bend switch towards the gold or silver"
 After seeing in which direction the gold Is the person holding the switch must move in that direction. As the gold oG silver is approached the rod bends the switch more and more. and when the spot is reached 1t sends the switch flying around in a circle.
 Then in order to find just how deep the gold is in the ground the switch must be l held in a horizontal position Just above the ground The end of the switch to which is fastened the rod will begin bob hing up and down. Each one of these bobs must be counted for each designates a foot After 1t has bobbed an equal number of times for the depth of the metal it begins to swing from right to l left
 The rod was made in three sizes and sold for $5, SIP and s25 respectively. No. 1 is guaranteed to detect gold in an area of 300 yards to the depth of four feet, ! No. 2. 300 yards and ten feet. and No. ,, one mile to the depth of twenty feet. Two Witnesses Found Gold.
 Two witnesses were examined for each side those testlfying for the witness stat ing that they had purchased instruments from him and had located gold with them From tho testimony 1t appears that Humphreys had placed the metal where they found It.
 Some of the literature sent through the mails by Humphreys was presented to the court one being card of instructions and the other pamphlet containing q description and price list The pamph let shows a picture of Humphreys hold ing one of the rods on the end of g switch He was evidently standing very close to some hidden treasure at the tims the picture was taken. for the switch was bent to an angle of 45 degrees. The drawing power was also very great, for | appears in the photograph in the shape 0 lines extending in every direction iron the rod
 The rod. it was claimed. will attract tt gold and silver of any kind anywhere and Is characterized by Humphreys as be ing "a true guide for locating buried treasures of gold and silver Humphrey claimed to be an expert chemist, but up), cross-examination failed to prove il. On' of the things he did not know wa
 whether copper was conductor of non | conductor of electricity.