(navigation image)
Home American Libraries | Canadian Libraries | Universal Library | Community Texts | Project Gutenberg | Biodiversity Heritage Library | Children's Library | Advanced Microdevices Manuals | Linear Circuits Manuals | Supertex Manuals | Sundry Manuals | Echelon Manuals | RCA Manuals | National Semiconductor Manuals | Hewlett Packard Manuals | Signetics Manuals | Fluke Manuals | Datel Manuals | Intersil Manuals | Zilog Manuals | Maxim Manuals | Dallas Semiconductor Manuals | Temperature Manuals | SGS Manuals | Quantum Electronics Manuals | STDBus Manuals | Texas Instruments Manuals | IBM Microsoft Manuals | Grammar Analysis | Harris Manuals | Arrow Manuals | Monolithic Memories Manuals | Intel Manuals | Fault Tolerance Manuals | Johns Hopkins University Commencement | PHOIBLE Online | International Rectifier Manuals | Rectifiers scrs Triacs Manuals | Standard Microsystems Manuals | Additional Collections | Control PID Fuzzy Logic Manuals | Densitron Manuals | Philips Manuals | The Andhra Pradesh Legislative Assembly Debates | Linear Technologies Manuals | Cermetek Manuals | Miscellaneous Manuals | Hitachi Manuals | The Video Box | Communication Manuals | Scenix Manuals | Motorola Manuals | Agilent Manuals
Search: Advanced Search
Anonymous User (login or join us)
Upload
See other formats

Full text of "Report of the attorney general for the year ending .."

( ^ / 



% 



SENATE No. 1, 



REPORT 



/ 



THE ATTORNEY GENERAL 



Tf> TUP. 



? 



ULtoifiilatuve of i«asfijac!)ufi(cttfij. 



> 



JANUARY «, 1833. 



V 



2$0!Ston; 

DUTION AND WENTWOUTH, STATE PRINTERS 
1833. 



-JAf^ H©Ugg, BOSTON. 

; 7 1888 



R Hi? 

Attornly Gi:iNt:KAv/s Officf,. } 
Boston^ 2d Jftnuarij, 11333. ) 



Sir 



I have the honor to transjuit a report, prcpnrod m 
ohedience to the " Act enlarging the jurisdiction otilic 
Court of Common Pleas in criminal cnscs, and regula- 
ting tlic appointment and duties of prosecuting ofticers," 
1 have the lionor to be, 

With great respect, 

Your Oh't. Serv't., 

JAMES T. AUSTIN, 

Altornetj General. 

To The Honorable the Tresideni of the Senate. 



eommonUiraltlj of l^ai^isarlju^ttte. 



To the Honorable the Legislature of the Commonwealth of 
Massachusetts. 

The Attorney General, in obedience to the " Act for 
enlarging the jurisdiction of the Court of Common Pleas 
in criminal cases, and regulating the appointment and 
duties of prosecuting officers," has the honor respectful- 
ly to submit to the Legislature the Report, which he is 
required to make at the commencement of each session 
thereof. 

" A statement of the business done by him since his 
appointment, specifying the suits and prosecutions to 
which he has attended, the names of the persons prose- 
cuted for crimes, the crimes for which, and the counties 
where such prosecutions were had, the results thereof, 
and the punishments awarded therefor," is contained in 
the annexed papers marked A. 

The Abstracts of the Reports made to him by the 
County and District Attornies, which he is commanded 
to make, and present to the Legislature, are contained 
in the annexed papers, severally marked B, C, D, E, 
and F. 



These Ue|Jortri and Abstracts are coinj)letcd to tlic 
1st November last, the provisions of the Statute and the 
requisite unitbrniity of them appearing to make that the 
proper period of annual return. It will not fail to strike 
the liPi^ishiturc as a remarkable fact in the history of 
crime within this Commonwealtli, that within the short 
period of five months, embraced in this Report, there 
have been eight men and one woman charged in various 
ways with capital offences. 

In addition to the Report and Abstracts above referred 
to, the Attorney General is enjoined by law to present 
to the Legislature "such observations and statements, 
as, in his o[)inion, the criminal jurisprudence and the 
proper and economical administration of the criminal 
law of the Commonwealth shall warrant and require," 
a duty u'hich he hopes on a (ulure occasion more at 
large to perform. At the present time, he begs leave 
respectfully to submit, th.at the system now in force has 
so recently been put in operation, that it is not ascer- 
tained, by experiment, what is its competency to fulfil 
the public expectation. So far as observation has yet 
been made, it is found j)racticable in its arrangements, 
and convenient to Courts, Jurors and Witnesses. Some 
acconnnodation is required by the prosecuting officers, 
for their mutual convenience, which has thus far been 
readily made by them, and will, without doubt, be con- 
tinued to be made, as the occasions require. 

The ability of the system to relieve the Supreme Ju- 
dicial Court, to the extent required, remains to be tested 
by experience. The advantage of being able to attend 
to questions of law reserved tor the consider?lion of the 
Court, without the interruption of a Grand Jury, or of 
Jury trials, must have been sensibly felt at the last Cn- 



cuit, on which the inconvenience, formerly arising from 
criminal matters in this form, did not occur. Under the 
present system, the embarrassments of the former one 
cannot, at the law terms of the Supreme Court, arise. 
How it may be, as to those terms which are holden for 
trials by Jury, will hereafter better appear. In the 
Courts, which have been holden within the period of 
the present Report, the business under the existing law 
was not sufficiently matured to be entered, and of course, 
the criminal business before the Judges of the Supreme 
Court, has been only what remained undisposed of un- 
der the former arrangement. 

The attention of the Attorney General, on entering on 
the duties of his office, was directed to measures for the 
economical administration of the public business, by pre- 
venting unnecessary delay, and by limiting the amount 
of expense; and he has the honor hereto to annex a 
copy of a circular letter, addressed by him to the several 
prosecuting officers, with the design of securing their aid 
in this purpose. He has reason to believe that their 
attention and care have been duly given to the subject, 
and that a great diminution of public expense has already 
been secured, and will hereafter be made, by the present 
system. 

On the subject of costs, great difficulty is yet experi- 
enced. In addition to the suggestions in the circular, 
the attention of the Justices of the Court of Common 
Pleas was called to the subject, and new rules have been 
adopted by thcni of a useful character. But there arc 
obstacles to an economical and yet liberal disbursement 
of the public money for criminal j)ro.<eculions, which the 
Legislature is alone competent to remove. The fee-ta- 
ble is a mvslerv, to which custom,, convenience or ne- 



cessitv have severally npplied different ?ohj(lons. To 
many services it has no application ; — to other?, its ap- 
plication is very uncertain ; — and the antiqnity of its 
provisions seems to give color of excuse to all, who de- 
part from its authority. 'I'he Attorney General, witli the 
assistance of the other prosecuting officers, will not fail 
to endeavor to have its precepts regarded, but he cannot 
hesitate to express a hope, that it will receive the re- 
vision of the Legislature. 

The Attorney General deems it his duty further re- 
spectfully to statv3, that by some clerical error, or ether 
inadvertence in ihc Statute of 1832, ch. 73, in regard to 
convicts in the State Prison, the learned Judge, before 
whom cases arising under it are exclusively tried, has 
found himself unable to sustain any information against 
convicts once before sentenced and discharged. The 
importance of this Statute, to the well governing of that 
Institution, renders it exceedingly important that there 
should be no misunderstanding of the will of the Legis- 
lature. 

In regard to that part of the Statute under which this 
Report is subcnittcd, which requires the Attorney Gen- 
eral to be " in attendance upon the call of the Legisla- 
ture during their sessions," he begs leave respectfully to 
report himself, for sucli duties as the Legislature may 
be j)leasc(I to assign to him. 

JAMES T. AUSTIN, 

Attorney General. 
Boston, 2d January, 1833. 



[CIRCULAR] 

Boston, July 10th, 1832. 
Dear Sir, 

Among the objects which the Legislature had in 
view in the new organization of the department of Crim- 
inal Law, a principal one was to render its administra- 
tion more economical, without impairing its vigor of 
action or practical efficiency. To promote this object, 
1 beg leave to submit to your consideration the following 
observations : 

An early arrangement of business with the Grand 
Jury, and their consequent speedy discharge is so very 
desirable, that I can be excused for mentioning it, only 
because the power of accomplishing it does not solely 
depend on the representative of the Commonwealth. 
A delay on the part of the Magistrates in returning their 
recognizances, or a neglect of witnesses to be in attend- 
ance may frustrate all his exertions ; but as the success 
of the system cannot be put in competition with indi- 
vidual convenience, or be ex})Osed to hazard by habits 
of remissness that luive grown into custom, I beg leave 
to refer you to the case of J no. Neal, Esq. 14 Mass. 
Reports, page 205, as an authority, which should be 
enforced without hesitation whenever it is necessary. 
More however can be gained by good will than by power, 
and if by an earlier return of the Justice's papers, than 
is required by law, the preliminary arrangements for the 
Grand Jury can be made before the opening of the 
Court, their labors can commence immediately after, 
and much time, not less valuable to the Attorney than 
the Commonwealth, be thereby usefully saved. Such 



9 

« 

being the result of my own experience in this respect, 1 
am induced to mention it for your consideration. 

In every case tlie bill of costs should include all 
chartrcs, ordinary or extraordinary, which the case re- 
quires. Nothing should be taxed under the head of 
extra's, which is not especially detailed. No allowance 
should be made to any person, until the case is disposed 
of by a final judgment of the Court, where it can possibly 
be avoided ; and where urgent circumstances require an 
earlier payment, the amount should afterwards be trans- 
ferred to the regular bill of costs, as a charge paid in 
the case. The General Bill will then contain, as it 
should, only those items, which belong to the common 
business of the term, and are chargeable to no particular 
case. 

Under the head of extra charges, the sound discretion 
of the representative of the Commonwealth is liable to 
be abused by claims said to be made in conformity with 
long usage and established precedent. 

JVe are not bound hij such authority, but on the con- 
trary are required to make a reformation of illegal cus- 
toms and improvident practises, if any such exist. 

I take leave however to say, that the allowance of 
every bill of cost, and of each and every charge it con- 
tains, is part of the judgment of Court, and can be paid 
only by virtue of such judgment ; for which judgment, 
and by consequence for which payment, the Court and 
not the Attorney is ultimately responsible. All that can 
be required of the District Attorney is to prepare and 
present bills of cost, according to his opinion of what is 
legal and correct. In common cases the Court, relying 
on his discretion and attention to the several interests of 
the Commonwealth and the claimants, would probably 



10 

adopt his taxation, or perhaps by some general rule au- 
thorize the Clerk to certify the bills which he approves, 
to be correct. But where there is a difference of opin- 
ion between the Attorney and the claimant, either as to 
the character of an alleged service, or the amount to be 
paid for it, the question should be settled by the Court, 
whose judgment will, as it ought, relieve the prosecuting 
officer from a responsibility which he is not required by 
law to assume, and ivhich will be found in practice more 
troublesome than any part of his official duty. 

Some understanding may perhaps be necessary with 
the Judges of the Common Pleas on this head, and it is 
important to have the matter early and uniformly settled. 

Where the fee-table provides a definite compensation 
for specific service, however inadequate it may be 
deemed for the service rendered, there is no legal powder 
to increase it. A disregard of its provisions cannot for 
the future be tolerated : and if in consequence of a 
strict adherence to them there should be any just com- 
plaint, such complaint may probably contribute, as it 
should, to a legislative alteration. 

Among cases claiming our official attention, are those 
where a party is holden for an intended unexecuted 
breach of the peace. Although this process has often 
been very grievously abused, its legitimate operation is 
among the most valuable powers of the public : and the 
judicious exercise of the authority, which the law de- 
volves on the Magistrates of the county, may prevent at 
small cost not merely the punishment of aggravated 
crimes, but the perpetration of them. 

In preparing the returns which are required by the 
9th section of the Act, no form beyond the particular 
details therein enumerated is deemed necessary to be 



11 

prescribed, because these returns are to bo condensed, 
and an abstract of them presented to the Legislature. 
It is proper, however, that ihcy should contain a state- 
ment of every case examined by the Grand Jury, 
whether originatinfj l)ofore a Justice of the Peace or 
otherwise, and whether sustained or not by an Indict- 
ment. 

It will be necessary that the judicial year comprised 
in these returns should terminate on 31st October, an- 
nually, and I shall hope to receive them by the first day 
of December, in order to prepare abstracts in season for 
the meeting of the Legislature on the first Wednesday 
of January following. 

I avail myself of this occasion to request, that when- 
ever any professional or other consideration renders the 
management of a particular cause for the Common- 
wealth personally objectionable to you, and especially 
where any excitement exists in the community, or the 
enforcement of public justice requires, in your opinion, 
the aid of additional council, you would seasonably and 
freely make it known to me, that I may be prepared to 
render any assistance which may be [)racticable. 

It is not my inclination to limit my ofiicial labors by 
the strict letter of the law, which prescribes them, but 
entering into the spirit of the Legislature, which intend- 
ed to give force and efficiency to the system, I shall be 
ready to discharge, at any time and at any place, those 
implied duties, which the public exigency requires, or 
the reasonable convenience of my colleagues may give 
them a right to expect. Of the provision of the law by 
which you are authorised to require my opinion in all 
matters appertaining to the duties of your ofllice, I beg 
you will not hesitate most freely to take advantage, 



12 

assuring yourself that it will at all times be as much my 
pleasure as my duty to cooperate with you in executing 
the trusts reposed in us : and although the law has not 
given me the corresponding right to call in return for 
your counsel and advice, I pray you to supply this obvi- 
ous defect, by favoring me from time to time with such 
observations and statements in relation to the whole 
matter given us in charge, as your good judgement and 
increasing experience may enable you to form, and the 
proper and economical administration of the criminal 
law of the Commonwealth shall warrant and require. 
With much respect and esteem, 

Your most obedient servant, 

JAMES T. AUSTIN. 

To the District Attorney. 



( A. ) 



REPORT 

Of the Official Duties performed from 1 June, 1832, to 
31 October, of the same year, inclusively, by 

JAMES T. AUSTIN, 

ATTORNEY GENERAL OF THE COMMONWEALTH. 



SUFFOLK. 

Commonwealth, by indictment, vs. Stephen Jones. 
Forgery. Convicted, and sent to the House for the 
Reformation of Juvenile Oftenders. Supposed age of 
convict, 15 years. 

Commonwealth, by indictment, vs. Charles Leonard. 
Passing counterfeit bills. Convicted. Sentenced to 
the Stale Prison for one day solitary confinement, and 
two years hard labor. 

Commonwealth, by indictment, vs. William F. Gragg. 
Aggravated Larceny. Trial by jury, who could not 
agree on a verdict. Second trial and conviction. 
Sentence, fine of $100. 

Commonwealth, by indictment, vs. Elisha Brister. Ag- 
gravated Larceny. V'erdict, not guilty. 

Commonwealth, by indictment, vs. Pelatiah VV. Gordon. 
Larceny privily from the person. Defendant ab- 
sconded, and his surety defaulted. 



14 

Commonwealth, by indictment, vs. Richard West. Ag- 
gravated Assault. Continued on defendant's motion. 

Commonwealth, by indictment, vs. Nathan Lang. Sell- 
ing a Lottery Ticket. Continued on defendant's mo- 
tion. Next term, trial by jury. Verdict, guilty. Sen- 
tence, a fine of ^100 and costs. Appeal claimed and 
allowed. 

Commonwealth, by indictment, vs. Nelson Carter. Same 
offence. Convicted and fined ^^100 and costs. Fine 
paid to the Sheriff. 

Commonwealth, by information, vs. Joseph Hall — as a 
convict for the third time in the State Prison. Ver- 
dict against him. Sentenced to an additional con- 
finement of ten years and one day. 

Commonwealth, by indictment, vs. John B. Gray. As- 
sault and Battery. Jury could not agree. Continued. 

Commonwealth; by indictment, vs. John W. Quinn. 
Forgery. The witnesses having gone to sea, the 
prisoner was discharged on his own recognizance. 

Commonwealth, vs. Noah E. Chase, John B. Thorn, 
and Walter Russell. Rjot and Assault. Verdict, 
guilty on second count. Sentenced to pay a fine of 
^50 each, and if not paid in ten days, to suffer three 
months imprisonment in the House of Correction. 

Commonwealth, by information, vs. Henry Wood. 
Three times a convict in State Prison. Verdict 
against him. Sentence, imprisonment in the State 
Prison for his life. 



15 

Commonwealth, by indictment, vs. Thomas A. Murry. 
Forgery. Defendant not arrested. Continued. 

Commonwealth, by complaint, vs. Robert Hanson. For- 
gery. No bill returned by Grand Jury. 

Commonwealth, by complaint, vs. Richard West. 
Fraud. No bill returned by the Grand Jury. 

Commonwealth vs. Solomon Hayes, appellant. Assault 
and Battery. Original judgment affirmed. 

Commonwealth vs. Andrew Leach. Threats. Dis- 
charged, paying costs. 

Commonwealth vs. Simon Bothwell. Threats. Dis- 
charged. 

Commonwealth vs. George Parkman. Threats and 
Assault. No bill. 

Commonwealth, sci. fac. vs. Franklin Dexter, bail of 
P. W. Gordon. Defendant confessed forfeiture and 
prayed to be heard in Chancery. Still pending. 

SUFFOLK. 

Supreme Judicial Court. 

Commonwealth vs. Williams Roby. Murder. Trial. 
Verdict, guilty. Motion for a new trial argued, over- 
ruled. Sentence, death. 

Commonwealth vs. James Jordan. Murder. Prisoner 
arraigned, and the indictment continued at his 
motion. 



16 

Commonwealth vs. Susan Page. Present aiding and 
abetting in murder with Jordan. Prisoner arraigned, 
and the indictment continued at her motion. 

HAxMPDEN. 

Commonwealth vs. Lorin Carter. Rape. Prisoner 
acquitted. 

FRANKLIN. 

Commonwealth vs. Elijah Williams. Perjury. This 
case was tried before the Chief Justice at Greenfield. 
Verdict, not guilty. 

Commonwealth, sci. fac. vs. David Canada. Special 
plea in bar filed by defendant. Demurrer on part of 
Commonwealth. Ordered on the law docket. 

HAMPSHIRE. 

Commonwealth, t'5. Peter Ingraham. Continued by or- 
der of court. 

Commonwealth, sci. fac. vs. David Canada. x\rgued to 
the whole Court on the Demurrer, and continued for 
advisement. 

WORCESTER. 

Commonwealth vs. Lewis Bigelow, on complaint before 

a magistrate, for Rape. 

The examination of complainant and witnesses for 
Commonwealth being finished, the Attorney General 
signified his consent that, with the magistrate's permis- 
sion, the defendant should be discharged ; and he was 
thereupon discharged. 



17 

MIDDLESKX. 

Commonwealth vs. David li. Child. Indictment for 

Libel. Returned in April, 1828, and tried on an issue 

to jury, at the October term of that year. 

Motion for a new trial had been made by defendant and 

argued by the former law officers of the Commonwealth. 

Motion in arrest of judgment came on at the October 

term of this Supreme Judicial Court, and was argued by 

counsel for defendant and by the Attorney General on 

the part of the Commonwealth. Motion sustained and 

defendant discharged. 

The other business of the Commonwealth in this 
Court was postponed until after the period embraced by 
this report, 

NORFOLK. 

Commonwealth appellant from a decree of the Judge of 
Probate, in case of John B. Lewis's estate. 
Motion on part of Commonwealth for an amendment 

of the order of Court sustained, and case continued to 

the next term. 

Commonwealth vs. Charles Ellis. Fora^ery. Continued 
on his motion. 

Commonwealth vs. Jesse Bates. 

The prisoner had been charged with an aggravated 
larceny, and acquitted by reason of insanity, at a former 
term ; whereupon he was remanded to the jail as a dan- 
gerous person. He now petitioned to be discharged, 
representing himself to have recovered his reason ; and 
after the examination of several witnesses, the Court 
3 



18 

being of opinion his representation was true, he was 
discharged. 

Comnr^ionwealth vs. Edward Pray. Selling liquor with- 
out license. 

The indictment in this case had been found at a for- 
mer t«rm, and a demurrer filed for defect of form. It 
was now argued and continued for advisement. 

Commonwealth vs. Samuel Ham. Nuisance. Contin- 
ued by reason of the absence of a material witness. 

The Attorney General has been called upon by the 
Treasurer of the Commonwealth, to give an opinion in 
regard to the claim of an auctioneer, not to pay the 
auction tax on goods sold by him for the account of the 
United States. 

For an opinion to the Inspector General of Fish, in 
regard to the claims of sundry fishermen, under the In- 
spection laws. 

And by the same Inspector, in regard to a memorial 
made to him on the subject of the same laws, and the 
mode of their being executed, sent to said Inspector 
General from sundry persons at Newburyport. 

And considering these requisitions for legal advice as 
possibly within the spirit of the law establishing his 
duties, he has given opinions accordingly. 

The Attorney General has attended all the terms of 
the Supreme Judicial Court holden within the Common- 
wealth during the term comprised in the foregoing Re- 
port, except only the term holden at Nantucket, where 
it had been previously ascertained by him that the 
Commonwealth liad no case on the docket, 



19 



( H. 



ABSTRAC T OF J UK KKPOKT 



SA.MIEL D. PVKKf:H, ESQ., 

Attorney for llic ('ommoitwtalth viiliin the Cuunii/ of 

Suffolk, 

Of his OfTicinl luisiiirpsi to the i{l,Oct. Ir'G"^, iticliisivc, as iiKwlc by liiin to the 

ATTORNEY GENKIiAf.. 



29 



The Attorney for the Conniionwealth, within the 
County of Suffolk, attended the several terms of the 
Municipal Court in July, August, September and Octo- 
ber. 

He assisted in the trial of Commonwealth vs. Williams 
Roby, for murder, at the Supreme Judicial Court in 
July, and in the preparation of the evidence, and at the 
arraignment of James Jordan and Susan Page, the 
former for murder as principal, the latter as present 
aiding and abetting therein. 

He attended at the Police Court and had care of the 
case vs. Daniel Davia, on a charge of murder. 

He attended during several days in preparing and 
conducting before said Court, the examination of Wil- 
liam Ulmar, James Freeland, Samuel Campbell, and 
Emanuel Currant, on a charge of murder. 

The other business under the care of said Attorney 
appears by the following Table. 



T A B L E 

OF 

Business conducted by Attorney for the Comrnonicealth 

SUFFOLK. 



Causes of Complaint. 

1 


1 




1 

51 


^4 


d 


1 


Remarks. 


1 

Counterfeitingand passingCoun- 
terfeit Bills, 






1 


9 




1 

Forgery, ) 


2 


2 






2 




Felouious Assault with iiitpnt to 
Murder, 


1 




1 


1 

1 


2 




Aggravated Larceuy, j 


20 




18 


2> 
1 


20 




Simple Larceny, ' 


4 








2 


6 




Arson, second degree, 


1 




' 






1 




Receiving Stolen Goods, 


2 




1 


1 


2 




On the State Prison Convicts 
Law, 


1 




1 


1 - 
1 


1 




Assault and Battery, 


12 


' 10 


2 




14 




Nuisance, 


1 


1 




2 


4 




Libel, 


I 


1| 


1 

1 


1 




On Victuallers Licence Law, 




t 


i 






Appeals, 
On Lottery Law, 


2 

1 


2 

1 


1 


3 
1 




For Breaches of the Peai-e and 
Threatening?. 

Processes, 


31 


31 




31 




Adultery, 






1 


1 






80 


5 65 


5i 8 


1 91 





22 



Of the persons convicted there were sentenced to conjlne- 
ment to hard labor in the 

STATE PRISON. 



for 



10 years 

5 
4 

3 

o 



1 year and six months, 

1 

6 months. 



17 



23 



( t;. ) 



ABSTRACT OF THE REPORT 

OF 

PLINY iMERRlCK, ESQ. 

Attorney for the Commonwealth for the Middle Qistrict, 
comprising the Counties of 

iNOKFOLK AND WORCESTER, 

Of his Official Business to 31 October, 1833, inclusive, as made by him to tho 

ATTORNEY GENERAL. 



24 



The Attorney of the Commonwealth for the Middle 
District, has attended at the several terms of the Com- 
mon Pleas for the Counties of Worcester and Norfolk^ 
holden during the time he has been in office to the 31 
October, 1832, and at the term of the Supreme Judicial 
Court in Worcester, in October of that year. 

The business of the Commonwealth under the care of 
said Attorney, appears in the following Table. 



N 



TABLE 

OF 

Business conducted by the District Attorney of the Commomvealth. 

FOR THE 

MIDDLE DISTRICT. 



Causes of Complaint. 


_2 


Z T. 

- V 


i 

i 2 
3 ~ 


'5 


d 


5 

o 


Remarks. 


Burglary, 


1 




1 






1 




Adultery, 


1 




1 






1 




Larceny simple and aggra- 
vated, 


5 




5 




2 


7 




Conspiracy, 


1 






1 






Nol. Pros. 


Nuisance, 


5 




5 






5 




Assault and Battery, 


10 


1 


7 


2 


2 


12 




Official Misdemeanor, 


1 






1 




1 




Disturbing public Worship, 


1 




1 






1 




Trespass, 


1 


1 








1 




On the Victuallers' License 
Law, 


10 


8 




2 


2 


12 


^2Nol.Pros.on 
\ paying costs. 


On the Lottery Law, 


1 




1 






1 




On the Auction Law, 


1 




1 






1 




Neglecting Highways, 


15 


15 






2 


17 




Selling unwholesome Pro- 
















vision, 


2 


2 








2 






55 


27 


22 


6 


8 


63 








n 



26 



Whole number of cases for examination, as above, 63 
No. Bills, 8 

Cases for further proceedings, 65 

" of acquittal, 3 

" of conviction, 22 
" of discharge by Nol. Pros. 3 

** continued, 27 

55 
Of the persons convicted, there were sentenced to 
confinement to hard labor in the State Prison, 
1 for life, 

1 for 2 years, 

2 



27 



( D. ) 



ABSTRACT OF THE REPORT 

OF 

CHARLES A. DEWEY, ESQ., 

Attorney for the Commonwealth for the Western District^ 
comprising the Counties of 

HAMPSHIRE, HAMPDEN, FRANKLIN, AND 
BERKSHIRE, 

Of his Official business to the 31st Oct. 1 832, inclusive, as made by him to the 

ATTORNEY GENERAL. 



28 



The Attorney of the Commonwealth for the Western 
District, has attended all the terms of the Court of 
Common Pleas holden therein, and the regular terms of 
the Supreme Judicial Court in Hampden, Berkshire, 
and Hampshire. He also attended with the Attorney 
General, at a special adjournment of the Supreme Judi- 
cial Court, holden in Springfield, in June, for the trial 
of Lorin Carter, on a capital felony. 

The District Attorney reports, that by direction of 
the Court of Common Pleas, he has attended to the ex- 
amination of costs in all cases finally disposed of before 
Justices of the Peace, which " requires much time and 
labor at each term of the Court." 

The business of the Commonwealth under the care 
of said District Attorney, appears in the following Table. 



TABLE 



Business conducted by the District Attorney of the Commonwealth^ 

FOR THE 

WESTERN DISTRICT. 



Causes of Complaint. 


_x 




3 c 


'5 
< £ 


i2 

s 

6 


o 


Remarks. 


Rape, 


1 






1 




1 


? With the 
\ Att. Gen'l. 


Burglary, 


] 




1 






1 




Forgery, 


1 




1 






1 




Felonious Assault, 


1 




1 






1 


Of asst. only. 


Assault and Battery, 


9 


2 


3 


2 


3 


12 


2 defaulted. 


Riot, 


o 


2 








2 




Malicious Maiming, 


1 




1 






1 




Larceny, 


12 


1 


10 




5 


17 




Disturbing Public Worship, 


1 




1 








By default. 


On the Law concerning Theat- 
rical Exhibitions, 


4 




4 






4 




On the Victuallers Licence Tiaw, 


7 


3 


3 


1 




8 




On the Lottery Law, 


1 




1 






1 




Nuisance, 


2 




2 




2 


4 




Not Repairing Roads, 


8 


7 


1 




6 


14 




Pedling, 


3 




2 


1 


1 


4 




Trespass, 


1 




1 






1 






55 


17 


30 


5 


18 


73 





30 

Whole number of cases for examination as above 73 

No. Bills, 18 

Cases for further proceedings, 65 

*' of Acquittal, 6 

" of Conviction, SO 

•• Defaulted, 2 

" Nol-pros, 1 

" Continued, 17 

65 



Of the foregoing persons convicted there were sentenced 

to confinement to hard labor in the 

STATE PRISON, 



1 for 


10 years 




5 " 




4 " 




2 '< 




1 " 




6 months. 



31 



( E. ) 



ABSTRACT OF THE REPORT 

OF 

CHARLES II. WARREN, ESQ., 

Attorney for the Commonwealth for the Southern District^ 
comprising the Counties of 

BRISTOL, PLYMOUTH, BARNSTABLE, DUKES 
COUNTY, AND NANTUCKET, 

Of his Official business to the 31st Oct. 1832, inclusive, as made by him to the 

ATTORNEY GENERAL. 



32 



The Attorney of the Commonwealth for the Southern 
District, has attended the several terras of the Common 
Pleas holden within his District — and he reports that in 
attending these Courts he has travelled three hundred 
and seventy-six miles. 

At the term in Dukes County, in September, and at 
Nantucket, in October, no complaint was made to the 
Grand Jury. 

The business of the Commonwealth under the care of 
said Attorney, appears in the following Table. 



TABLE 



Business conducted by the District Attorney of the Commonwealth, 

FOR THE 

SOUTHERN DISTRICT. 



Causes of Complaint. 


c2 


£ to 

o i 

O 3 


i i 
6-2 


'3 
<3. 


to 

n 

d 


"a 
1 


Remarks. 


Larceny, 


14 




14 




4 


18 




Receiving Stolen Goods, 


2 




1 


1 




2 




Felonious assault to Rape, 


2 




2 






2 




Lascivious Cohabitation, 










2 


2 




Open Lewdness, 


1 






] 




1 




Fornication, 










i 


1 




Adultery, 


2 




2 






2 




Assault and Battery, 


6 




2 




7 


13 




Common Drunkard, Appeals, 


3 




2 


1 




3 




RIalicious Mischief, 


1 




1 




1 


2 


) Motion for 
^ new Trial. 


Conspiracy, 


1 


1 








1 


3 Defis. 


Riot, 


1 


1 








1 


llDefts. 


Nuisance, 


6 


4 


1 




5 


11 




On the Victuallei-s Licence Law, 


6 


4 


2 




7 


13 




On the Lottery Law, 


1 




1 






1 




Pound Breach, 










1 


1 




Uuarantine Breach, 


1 


1 








1 




Sabbath Breach, Appeal, 


1 




1 






1 




Burning Coal Pit, 


1 


1 








1 




Theatrical Exhibition, 










1 


1 




Trespass, Appeal, 


1 






1 




1 




Tlueats, Complaints, 


8 










6 






58 


12 


29 


4 


29 


87 





34 



Cases of criminal nature as by the preceding 

Table, 87 

Writs of scire facias, 12 

99 



Of the persons convicted there have been sentenced to 
conjiMMent to hard labor in the 

STATE PRISON, 

1 for 3 years 

2 " 2 " 
1 " 1 " 

1 " 6 months. 



35 



( F. ) 



ABSTRACT OF THE REPORT 



OF 



ASAHEL HUNTINGTON, ESQ., 

Attorney for the Commonwealth for the Northern District, 
comprising the Counties,of 

ESSEX AND MIDDLESEX, 

Of his Official Business to the 31 Oct. 163*2, inclusive, as made by him to the 

ATTOKNEY GENERAL. 



36 



The Attorney for the Commonivea]th within the 
Northern District has attended the several Courts in 
Essex and Middlesex, holden during the Term compris- 
ed in his Report. 

The business under the care of said Attorney will 
appear in the two following Tables. 



TABLE 



Business conducted by the District Attorney of the Commonwealth, 

/^^^^Y^ *"OIi THE 

S^THERN DISTRICT, 
IN THE COUNTY OF ESSEX... 



Causes of Complaint. 


-2 
7 


is 
ii 

O 3 


o o 


'3 

II 


d 




Remarks. 


Larceny, 




4 


» 


2 


9 


? 8 100 paid 
\ by sureties. 


Assault and Battery, 


7 


2 


*: • 


3 


10 




Riot, 


1 






1 




1 




Cheating, 










3 


3 




Trespass, 


1 






1 








Nuisance^ 


7 


6 


1 










Official Misdemeanor, 










1 






Licence Law, 


15 


5 


10 




1 


16 




Adultery, 


1 






1 








Lascivious Cohabitation, 


1 




1 










Fornication, 


1 




1 










Pedling, 


1 


1 






1 






Refusing aid to Officer, 


1 


1 














43 


15 


21 


7 


11 


53 

7 




Writs of scire facias, . . . . 


1 
















60 





TABLE 



Business conducted by District Attorney for fhl Commonwealth, 

^^ FOR THE 

y^ 'Se^^THERN DISTRICT, 

IN THE COUNTY OF MIDDLESEX. 



Causes of Complaint. 


22 

12 

G 

4 

31 

11 

1 

1 
1 
1 

1 




i t 

° o 


3 


en 

n 

o 


1 


Remarks. 


Assault and Battery, 

Nuisance, 

Official Misdemeanor, 

Riot, 

On the Licence Law, 

Larceny, 

Libel, 

Trespass, 

Attempt to Murder, 

Forgery, 

Embracery, 

Adultery, 

Pedling, 

On the Sunday Law, 


4 
1 
C 
2 
25 
1 

1 
1 


16 
11 

2 

4 
9 

1 

1 

1 


2 

2 

1 


5 

G 

4 

1 
1 

1 
1 


27 

18 

G 

4 

31 

15 


1 Nol Pros, 

\ Recogpaid 
I by Two. 

By default. 


Writs scire facias, .... 
In Essex as by Table, . . . 


91 
43 


41 
15 


45 
21 


5 

7 


19 
11 


110 
10 
60 






134 


56 


66 


12 


30 


180 





39 



Of the persons coniicted there were sentenced to hard la- 
bor in the 

STATE PRISON, 

1 for- 7 years 

1 » 3 " 

2 " 1 " 

1 " 2 " 

5 " 6 months, 

1 » 5 " 



40 



SUMMARY. 



Cases of the Commonwealth, on the Report of the 

Attorney General, 36 

" In the Abstract of the Attorney in Suffolk, 91 

" In the Abstract of the Attorney of the Mid- 
dle District, 55 

" In the Abstract of the Attorney of the West- 
ern District, 73 

" In the Abstract of the Attorney of the South- 
ern District, 87 

" In the abstract of the Attorney of the North- 
ern District, 180 



Whole number from 1st June to 31st October, in- 
clusive, 522