Wheeling Sunday register. [volume] (Wheeling, W. Va.) 1882-1934, 1892-04-24
STEALING EIECTRIcIrY.
An Interesting Point Decided by a St.
Louis Court

An interesting EOAnt Docluou ny Se'
Louis Court
A case Of the most vital interest to the
electric light supply companies OF st.
Louis and elsewhere was decided In the
Court Of Criminal Correction recently,
says the st. Louis GlObe-DemocrGt. The
issue raised by the case was a novel one,
and involved the protection OF the COM
panieS from fraud and theft on the part
of employees or consumers. In the month
Of last December party named Gus A.
Tempe, keeping hardware store on
Market street, near Jefferson avenue,
was suspected OF reducing his bills for
the electric light supplied him. An
agent was sent to his place to learn how
much electricity pad been consumed
during the month, proceeding which
is common % the gas company on the
first or toward the first OF each month.
Meters are used by the electric as well
as by the gas companies, and the report
of the meaSurer aroused suspicion.
Then a special agent was sent to inves-
tigate the situation, and found that
Tempel had placed what is known as a
Jumper" wire across the meter TO pre-
vent the electricity from entering the
register end allowing it to escape TO the
other wires outside Of his place OF bust
ness. During the investigation he cut
the Jumper" and offered the agent Of
the supply company, the Missouri Elec-
trio Light Company, S. TO say nothing
further about the transaction.
The agent declined the proposition,
and, partly because the nature Of the
case was entirely novel in law and partly
because it was sought to make test
case, charge Of petit larceny was pre-
ferred against Tempel. His register
had showed according TO the business
previously done with the electric COM
pany deficit Of 800 ampereS Of cleo
tricity on the amount of his bill, which
at 10 cents an ampere, the regular rate,
only petty larceny could be charged.
His lawyer, however, with more cum
ming than knowledge, interposed the de-
Tense that as at common law electricity
was unknown, and could not, under
that code, he made a subject Of larceny,
and as no statutory law had been passed
making 10 felony or misdemeanor to
steal electricity, for the reason that its
CHARACTER was nNh hANWHf AAo SAASAN
could not be convicted of larceny. The
case has been argued several times dur
ing the past month, Colonel Harvey APP
pearing for the Missouri Electric Light
Company, and, incidentally, for the
State. AT the last moment defendants
attorney, finding himself beaten on tie
legal proposition because OF the author
tiles submitted showing that gas, also
unknown at common law, was suscep-
tible of being stolen under the general
provisions OF the statute telative 10 per-
Sonal property, raised another point to
the effect that the act Of Tempel was
rather a fraud, or deception, than lar
ceny. There is a section Of the Mis-
souri, statutes which makes an attempt
70 perpetrate a fraud Of this kind in the
larceny or theft line a felony, and
Judge Harvey caught the cunning at
torney Of the accused in the net be had
set for himself by simply accepting his
final plea, and had the defendant bound
over TO the grand Jury in the sum of
$500