The Providence news. (Providence [R.I.]) 1891-1906, 1896-04-25

No words In the English language are
more misused and abused than burglary
and burglar. According 10 the average
chronicler OF passing events the fellow
who breaks into a brass foundry and
lugs off some of the metal is a burglar
and his crime burglary. So, too, with
those enterprising workmen who devote
their energies 10 the opening OF safes by
the use of drills ana dynamite. Only the
other day telegraphic report from Whit
insville announced that burglars had
blown open one bank safe but failed to
crack another at that place. Indeed, II
one were 10 look for instances OF the
misuse OF the words in question he would
have surteit OF them In single day.
The trouble Is that the prevailing idea Is
that the breaking and entering OF any
building in the night time constitutes
burglary. This Is very erroneous notion.
Burglary consists in the breaking and
entering of house used as a dwelling or
a building connected with it, in the
night time and with intent TO commit q
felony. So, il man breaks into a
foundry, or a bank, or dry goods store,
where no part OF the building is used for
the purpose of dwelling, he does not
commit burglary. Nor is he guilty OF
that crime IL he breaks and enters a
dwelling in the day time. 1t will be
seen, therefore. that II it were not for the
general and widespread misapplication OF
the words there would be fewer cases Of
burglary while those OF breaking and en-
tering would he correspondingly in
creased-that is, in the newspapers.
This recalls the fact that very inter
esting point came upon conn action with'a
case generally thought to be one OF bur.
glary which the Providence police worked
up.
The people living on Clayton street had
been missing clothing and other articles
from their homes which were taken DUR
ing the night and while they were asleep.
As the doors were found to be properly
fPstened in the morning and as nothing
within the houses showed any sign OF the
visit OF a.marauder the people and the
police were at loss to account for the
disappearance OF the property. Eventually
the wh1iom mystery was solved by the
arrest OF Isaac Potter. Potter had con-
ceived the idea of putting a graphing
iron on the end of long pole as a means
OF securing other peoples property for
himself. Armed with this pole he would
proceed In the dead OF night to a house
where he thought he could operate in
safety. He would force up window and
inserting his pole with the graphing at
tachment fish up anything within reach.
Thus he was not compelled to enter the
house; while pretty much everything
movable In the rooms with window
openings was at his disposal. On the oc-
casion of his arrest Potter had already
fshed up pair OF tousers and woman e
dress and was preparing tor another cast
when he was gathered In. Having him
safely in custody the question with the
police was whether or not he should be
prosecuted for burglary. 1t was mig mt
when he made his raid and the house was
a dwelling house. Thus far the case was
.vA Ia. - 4 -.
and the pushing In OF the pole would con-
stitute breaking and entering was where
the rub came. After long deliberation
and consideration with the law officer of
the city 1t was deemed advisable not to
press the charge OF bufgalry, so Potter
was charged with ana convicted OF q
lesser offence.