New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-07-31
a LEAD PIPE CINCH."

The lead pipe thief is a familiar figure OF the
summer season. He loves TO sneak into empty
houses to cut out the plumbing and carry away
the metal for junk. When detected he is COM
monty arrested and sent 10 jail for petty lar
ceny. The lawyers who can frequently find
loophoIe Of escape for more important thieves
have not thought ii worth while hitherto 10
make difficult the punishment OF the fellow who
Tugs off hundred pounds Of lead pipe which
does not belong 10 him. But a dispatch from
Wilmington, Del, informs us that this omission
has now been repaired. and the supply OF sec
ond hand building materials need not hereafter
run short An enterprising lead pipe artist
named Wilson was arrested in Philadelphia
charged with having entered a Wilmington
house and cut out and carried away or other
wise Conveyed from the possession and uss
of its lawful owner a thousand pounds OF lead
pipe. The said Wilson. on being taken 10 Will
mington, had the good fortune 10 meet with n
lawyer who was willing to devote to securing
his freedom as much ingenuity as II he had
been the wealthy head of fashionable gam
bling house. able 10 employ n retireu Supreme
Court justice TO pilot him through the mazes
of the law.
This ingenious advocate demanded his release
on the ground that the lead pipe. being attached
TO the house as an integral part thereof was
real estate. Manifestly, a sneak thief cannot
pick up and carry OFF 4 piece Of real estate.
Whoever heard OF even the burglar who would
steal redhot stove carrying off 4 ten acre lot?
He might forge deed to it, or by other fraud
obtain title. But clearly, real estate is not sub
ject 10 larceny. This argument having been
presented with due earnestness, and doubtless
a wealth of authorities going back TO Magma
Charta, carried conviction to the mind of Judge
Edwin L. Cochran. He has decided that VIII
son did not commit the crime of larceny, as tho
lead pipe being part OF the house, had ceased
10 be personal property and become real estate.
Therefore he discharged the prisoner, and the
dispatch says that like discharge awaits other
persons in Wilmington whose predatory am
billions happened to be directed toward real es-
tate under the delusOn that 1t was personal
property subject TO larceny. The Wilmington
thieves have what is popularity known as "a
lead pipe cnch."
Now we are far from saying that Judge Coch-
ran is not right For all we know, the wall
of a eat on back fence is real estate Ger
tainly it seems immOvably attached thereto,
and we should never think Of prosecuting for
larceny any person who stole it. We realize
that real estate is matter Of technical legal
definition, and that permission to run railroad
through Il street is in New-York real estate, and
subject to taxation as such. So weare perfect
Is ready 10 recognize the water pipe in the
cellar as real estate. But the wonder is that
nobody discovered it before. If it Is not lar
ceny to steal lead pipe and dOorknObS. what
is it? If it is some other crime, why are dis
trict attorneys, whose business is to know the
law, SO ignorant as to prosecute thieves for the
wrong crime? This sort Of depreciation Is as
old as law itself. Thousands of men have been
arrested and imprisoned for it, Whether it is
burglary or larceny or lese majesty. it would
seem if every prosecuting officer and court
from Maine TO California would long ago have
been well aware Of its exact character that
no mistake could be made concerning il and no
thief could escape on technically.
The fellow who took thousand pounds of
lead pipe is not an important figure. but the cir
cur,stance which leads to his discharge IS one
Of a sort which tends to bring law into con-
tempt. In its petty way it is typical of what
daily happens in more serious cases. Palpable
crimes of great gravity go unpublished. either
because prosecutors are absurdly stupid or
judges discover that laws do not mean what
they We're thought TO mean. liz Missouri it was
found rot TO be bribery to pay officials to do
something crooked, because it was afterward
discovered that the law under which they were
exercising power was invalid. If law is to con-
tlnue respected in this country, it is about time
for bench and bar to simplify l in accord with
common sense and enable il to get at the reality
of crime which palpably exists instead of offer
Ing protection TO criminals under cover of friyo-
lous technicalities and fine spun dennitions
a characteristic remark, revealing the .n,r;t