Evening journal., 1899-07-19
The LAW is DEFECTIVE
No Statute Covering the Crime
of Attempted Burglary.
CONWAY FOUND ON THE ROOF

OF THE RESIDENCE OF ROBERT
DAVIDSON EARLY THIS MORN
ING-sAID HE WAS AFTER HIS
wAsH-MRs. ELLEN MUNDELL
STEALS A BREAD BOX AND CAR
RIEs 1T AWAY.
On charge Of trespass Lawrence
Conway was fined $40 and costs by
Judge Ball in City Court this morn
ing.
The case against Lawrence Is a
peculiar one and revealed a serious de-
feet in the law. Conway was arrested
early this morning on the premises at
No. 1l9 Washington street, occupied
by Mr.. and Mrs Robert Davidson. Mr..
Davidson testified that he was awaken
ed about 2.3O o'clock by the noise made
by someone crawling on the kitchen
roof at the rear Of his house. He arose
from his bed and, going 20 the win
dow, saw a man on the roof looking
into the second story window Of the
house adjoining, occupied by colorod
people.
lie called to the man and asked him
what he was doing. Receiving no an
swer he called to his wife to hand him
his revolver, whereupon the man drop
ped Off the roof into the yard below,
where he was caught by the occupant
Of the house next door. after having
climbed over the fence. Mr. Davidson
then dressed and notified the patrol
station, and the officers arrested the
intruder.
John c. Calhoun, colored, who lives
adjoining to the Davidsons, stated that
he had been awakened by a noise, and
going out into his yard had found Con-
way there and arrested him. He had
no shoes on, and claimed he had come
from Silverbrook and was looking for
q place to sleep. He begged so hard
to be released that Calhoun let him 60,
retaining his shoes, which were lying
in the yard. He afterwards gave them
to him, however, and Conway climbed
back over the fence into Mr.. David
sons yard, where he was arrested.
Mrs. Doris Phillips. colored, who oc.
cupies a portion Of the dwelling with
Calhoun. stated she had been aroused
by noise, and looking out saw Con
way standing on a chair looking into
iher window. She did not know the
man, nor what he wanted.
The prisoner in his own behalf
stated that hehad no intentions Of COM
Uniting any crime, but stated that he
had been drinking and had gone to the
place to get his washing from a color
ed woman named Sarah" That she
was sitting at the window above Mrs.
Phillips room and had called to him
to come in. Mrs. Phillips, however,
denied that any such woman lived
there.
In passing sentence Judge Ball said
It was an unfortunate occurrence that
the law made no provisions for the
crime of attempted burglary, and the
only statute that would cover the case
was the one relating to trespass. He.
therefore, was compelled to pass SEN
tence under that clause, though he
was satisfied that It did not cover the
offense.
Conway says he is from Silverbrook
and had been employed on the rail-
road for twenty-seven years. He has
jsst finished serving a three months
sentence in jail
CARRIED AWAY BREAD BOX.
Mrs. Ellen Mundell was held in 5000
bail for upper court 10 answer TO the
charge of larceny. The woman and her
two sons board with Mrs. Fannie
Wood, at No 2S Stroud street. Last
might Mrs. Wood gave Mrs. Mundell
twenty-five cents to go out and by her
, self a drink After remaining some
, time she returned and called to Mrs
Wood, who was in bed. to come and
see what she had. Upon going to the
door Mrs. Wood was surprised to nnd
that Mrs. Mundell had brought home
not only the bottle of whisley she
, went after, but a bread box, about p.
> feet square, containing eight loaves o
, bread, two dozen cinnamon buns ant
, four pies. The box was the propert,
, Of Baker George Huber, and had beer
taken from the front Of the store of G
R. Denney. No. $40 Maryland avenue
over a block away from Mrs. Woods
q house.
Mrs. Mundell started to get an ak
to break the box open, as it was lock
, led. but Mrs. Wood would not allow il
and officer sewell Scott was notifies
and placed the woman under arres
about 4.30 o'clock.
Mr.. Huber testified that the box an
Ia % Z Al,