The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1894-01-08
TO Be A BURGLAR
Lecture Delivered in Pas
sale By a Lawyer, Who
Ought to Know.
WHAT CONSTITUTES THE OFFENsE
Some of the Difficulties Encountered
In Treading the Paths Of Crime
Rules to Be Observed.
WHAT CONSTITUTES THE OFFENSE

LAWYER Thomas M. Moore of Passaic re-
Gently delivered the following address on the
subject of burglary before the Young Mems
Christian Association of that city,
In order that we may not digress from
our subject, let US fix it firmly in our minds.
A good way to fix a subject in ones mind is
to spell it. Any person of ordinary educa-
ton can spell burglar, but it must be spelled
with an attentive mind; a person who is
absent-minded is always making mistakes.
I repeat it, in order to get the meaning of a
word, it must be spelled in a mechanical
way.
To illustrate what / mean by mechanical,
I will mention an incident which happened
shortly after / came to Passaic some twenty
years ago. At that time spelling ma tches
were very much in fashion. Everybody was
testing his w proficiency and his neigh
boris ability to spell. 1t was during this
season that a burglar entered the house of
one of our prominent citizens, whose mind
had been engrossed with spelling. The
noise5 awakened his wife and she, in great
excitement. nudged her husband and ex-
claimed, Burglars! Burglars!" The only
effect upon him was that he rose slowly in
his bed to a sitting posture and said, bur,
bur, g-la-r, glaf, burglar" and then quietly
Sank down to rest.
My young friends, nave your minds active
when at work and think what you are doing.
1t is best to do so, as the commuter found
out who was anxious to take the early train,
but DESTROYS also of getting his breakfast.
He thought he would assist his wife, and so
took the coffee pot in his hand, intending TO
pour out his own coffee, stir the sugar and
cream in it, drink it, kiss his wife good
morning and hurry for the train; but his
thoughts being upon the train, in his absent
mindedness he poured the coffee on his wife,
then kissed his cup and hurried away.
If you nave spelled the word and have the
subject well in your minds, let us proceed to
1 consider it in a systematic manner. We will
divide it into chapters
CHAPTER 1.-THE ESSENTIAL EMENT OF
There are five ingredients in burglary;
first, a breaking; second an entrance; third,
a house; fourth, in the night time, and fifth,
an intent to steal or commit some other
crime. To impress these points, let us refer
to a case that was decided in New Jersey in
December, 1898. just 100 years ago. 1t was a
| trial before Chief Justice Kinsey, and it is
reported in Coxe's Reports, page 439. The
prisoner had been indicted for entering the
dwelling house of Daniel Cooper during the
| night and having stolen several articles of
| clothing and pieces of money. The witness
said that hearing a noise in the night he got
I'D. A scufle ensued and the witness sue
ceeded in throwing the intruder upon his
back and holding him. On lighting a candle
the witness discovered his money and papers
| scattered and his silver kneeb buckles missing,
and it was noticed that the prisoner had
something in his mouth, inc upon opening
his mouth, the reports says, ''the prisoner took
out of his mouth one dollar, one half-dollar
and two pistareens."
Chief Justice KinSey charged the jury
'sThe crime of which the prisoner stands
| oooI1SaG ic ballad BURGLARY and iC defined tn
be the breaking and entering into the
mansion house of another, with the intent
to commit some felony therein, and that in
the night time. Before any man can be
legally convicted of this crime, these five cir
cumstanees must be proved: First, there
must be what the law calls a breaking; sec
ond, there must be an entry; third, it must
be done in the night; fourth, it must be
done in a mansion house, and fifth, it must
be done with the intent of committing a
crime. As to the breaking, it is not meant
TO imply actual violence. If a mar lifts up
the latch of an outside door, or if an outside
| door being open, the thief enters and I'M
| latches or unlocks a chamber door, in either
case his act comes up to the idea fixed by the
law as to the word breaking SO as to consti-
tute the crime of burglary. If, however, all
the doors being opened, the thief enters
through an open door, and after entering
| the house should break open a chest or cup
board, even fixed in the wall, it is not such
a breaking as the law requires as one of the
| ingredients of a burglary. 1t is necessary
| that you should be satisfied that the doors of
this house were shut and were opened by the
prisoner. If, on consideration, you think
that the prisoner in the night time entered
| the mansion house of Daniel Cooper with an
intention to omnit a crime therein, and did
commit it, you will find him guilty of the
CRIME of which he stands indicted; other
wise acquit him"
I H. 1,,,.rv fNr1r,l n xvorIInf nf O17f1tr and fhn
Chief Justice pronounced sentence of death.
You will see from this, my friends, how
careful you must be in order to successfully
commit a burglary. There must not only be
a breaking, but the breaking must precede
the entering. Simply breaking is not bur
glary. Many men have found themselves
broke during the present hard times, but
they were not burglars. It is said by some
ingenious lawyer that the man who trots a
horse on a racecou1se is a burglar because he
first breaks the horse, then enters him, in
the race. Moses broke the Ten Command
ments. but not having entered them, he could
| not have been indicted. Jonah entered the
whale, but he did not break in; he found the
| doors wide open.
CHAPTER 1.-THE PENALTY.
One hundred years ago the penalty for
| burglary was death. We have become more
! merciful in later days. The punishment now
| is only ten years Imprisonment.
| CHAPTER HI-TNSrRUCTIoEI TO BURGLARS.
We have no college at present in this State
| where a person can get a scientific education
in the art of burglary. We must depend
wholly upon the information that we can get
| from one another and from our friends. In
the limited time that I have, / will attempt
only to give a few practical suggestions that
may prove useful.
In approaching a house you may be sur
| prised to find that it is not in proper condi-
ton for a burglary to be done. People are
| careless, especially in warm weather, and
| often leave their doors unlocked and the win
| dows open, and it will be hard to find q place
to break. Do not feel baffled. Throw some
| stone on the roof to attract the attention of
| the family. They may think it is a hail
| storm, and get up and shut the windows.
You will have an opportunity also by doing
this, probably, of seeing how the man of the
| house looks in his night cap; but most likely
he will cover himself up in bed, and his wife
will get up.
In the meantime you must not be observed.
| Hide behind a tree, and if a policeman comes
| along tell him it is your busy day and to
move on; that you are looking for elm beet
les or something of that sort.
Upon entering a house, in the first place go
| to the cellar, for o cannot work on an
| empty stomach. Eat a piece of apple pie or
if there is no apple pie take a piece of mince
| pie. cake, ice cream or charlotte russo. But
| don't take onions-the family might get on
your scent. Having thustrefreshed yourself,