The Marion daily mirror. (Marion, Ohio) 1892-1912, 1909-08-09
CHARGED WITH THEFT
A Queer Trial In Which Was Used
a Queer Defense.
SHIPPING A CASE OF GOLD.
The Solution OF the Differences In
Weight OF the Box at Cape Nome and
at San Frsneisoo--The Clever Move
Of an Astute Young Lawyer.

W dU Nttute 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 were 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 faro game and
lost everything he had. Winter was
coming on and he bade 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 bad their share
Of dust and nuggets accurately
weighed and then put them into a
common pile. pending, of course, their
reapportionment on reaching port.
This they placed In a strong box
which they nailed up and sealed care
fully. It 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 a regular
weigher. 1t was worth a 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 a place OF re-
weighing. so that each could take his
share again and deduct 30 much for
Stevens pay.
IL was found that instead Of having |
900 pounds OF gold as before there was
now only fraction over sos pounds. |
The partners were loath to distrust |
Stevens and had 1t reweighed twice, |
but with the same result each time.
Reassured as they were of bis guilt |
and having contempt for such ingrati-
tude, they Immediately swore out a |
warrant for his arrest. He 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. be gave up all |
hope of being acquitted. as the cir |
cumstantial 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
clrcumstantiaI evidence set forth.
Wayne did not even question a wit.
ross.
When I'll 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 n 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 dealY
with natural phenomena, or the
changes In the state or condition of
matter"
Does the weight of person change
as he changes bis location on the
earth"
"Yes"
Just bow does that happen. and
how much does the weight change"
'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-
el toward the equator, for we so away
from the center. This effect is en-
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