The Black Hills union and western stock review. [volume] (Rapid City, S.D.) 1904-19??, 1909-09-24
CHARGED WITH THEFT
A Queer Trial In Which Was Used
a Queer Defense.
SHIPPING A CASE CT GOLD.
The Solution of tho Difference In
Weight of the Box at Cape Nome and
at San Franciseo-The Clever Move
of an Astute Young Lawyer.


at San Franciseo-The Clever Move
of an Astute Young Lawyer.
One OF the most interesting trials
that ever took place in any country
was that of James Stevens in the Cali
fornia courts for theft The circum.
stances We're as follows:
There were four prospectors in the
Klondike region when the gold fever
there was at its height. among whom
Stevens was one. They .struck it
rich" divided up and started out for
the United States. Just before leav-
ing Stevens got into a faro game and
lost everything he had. Winter was
coming on and he babe fair TO starve
unless something was done for him.
So the other three decided to pay him
so much to guard their dust on the
ship and pay his way home to San
Francisco. They each had their share
of dust and nuggets accurately
weighed and then put them into a
common pile. pending, of course, their
eanportionment on reaching port.
This they placed in a strong box
which they nailed up and sealed care
fully. 1t was Stevens duty to watch
this by day and sleep by it by night
until the destination was reached.
There was exactly 200 pounds avoirdu-
pois Of the gold. sworn to by regular
weigher. 1t was worth great deal
Of money.
Well, everything went along smoothly
until San francisco was reached. Ste
vens seeming to appreciate what his
former partners were doing for him
and guarding his trust jealousy. When
the ship came into port the box was
Immediately removed. under the super.
vision of Stevens. to place of re-
weighing. so that each could take his
share again and deduct so much for
Stevens pay.
1t was found that instead of having
Coo pounds of gold as before there was
now only a fraction over 59S pounds.
The partners We're loath to distrust
Stevens and had it reweighed twice,
but with the same result each time.
Reassured as they We're of his guilt
and having contempt for such ingrati-
tude, they Immediately swore out a
warrant for his arrest. BE all the
time protested his innocence. but was
not able to account for the loss.
The poor fellow was thrown into
prison and held for trial. Not having
any money or friends. he gave up all
hope Of being acquitted. as the cir
cunlstantial evidence seemed absolute
ly against him. a young lawyer was
appointed by the court to defend him.
This young man.. Thaddeus Wayne by
name, set to work on the seemingly
hopeless job with great enthusiasm.
as he had few clients anyhow and
plenty of time.
The case was soon called and all the
circumstantial evidence set FORTH
Wayne did not even question a wit
ness.
When all the testimony was In
Wayne requested the judge to allow
him to qualify Samuel l.. johnson.
teacher of physics in high school. as
an expert witness. The judge. not see
ing any relation of physics to the
theft. was about to refuse the young
man when peculiar glimmer in the
latter's eye persuaded him to humor
the boy. johnson was placed on the
stand. and the following colloquy en-
sued:
with what does physics deal"
with natural phenomena. or the
changes in the state or condition Of
matter"
docs the weight Of person change
as he changes his location on the
earth!"
YES"
"Just how does that happen. and
how much does the weight change3'
1.-The weight of any body is greatest
at the poles of the earth. as they are
the nearest points to the center. 1t
gets less and less the farther we trav-
ell toward the equator. for we so away
from the center. This effect is en-
HANGED by the rotation of the earth.
bodies tending to fly OF more at the
equator than near the poles The COM
bination Of these two makes a body
weigh one Northumberland eighty
ninth less at the equator than Mt the
poles and proportionate amount for
distances between"
"About what fraction Of its weight
would body lose in going from Cape
Nome, Alaska, to San francisco!
II should say about one In 3OO."
''Then gold weighing COO pounds in
Nome could not possibly weigh over
508 pounds here, could it,"
1T could not"
1t is needless to say that Stevens was
acquitted on this evidence. His former
partners were so sorry of their recent
suspicion and so eager to make amends
that they not only paid him the salary
they had promised him, but set him
up IN business from their ample funds
This fact is peculiar. but perfectly in
accord with reason. 1t is recognized
by the United States government. Ev.
cry time bullion is sent from Washing.
ton to the New Orleans mint a certain
amount of weight is lost In the mere
act Ut transit. So in order to get the
same amount of metal in. each coin
compromising weights or those special.
II calfbrated have to he used or else
special scales. IL the weights are made
| at Washington and sent to New Or.
4 leans of course they will lose in weight
and will weigh true on a pair of bal
ances. But spring balances cannot be
used.-Lawrence Hodges in Denver