Report of the attorney general for the year ending ..

-/:.

SENATE.

.No. 2.

THE

ATTORNEY GENERAL'S

ANNUAL REPORT,

1837.

ATTORNEY GENERAL'S REPORT.

The Attorney General, in obedience to the provisions of
the Revised Statutes, chapter 13, section 31, respect-
fully submits to the Honorable the Legislature, the
following Report of all the official business done by
him, during the jear ending on 31st October, 1836,
" specifying the suits and prosecutions to which he
may have so attended, the number of persons pros-
ecuted, the crimes for which and the counties where
such prosecutions were had, the results thereof and the
punishments awarded therefor."

Essex. Supreme Judicial Court, October Term, 1835.
Commonwealth vs. George B. Cheever, Appellant, on
indictment for Libel. Trial ordered on 16th November.

Nov. 4. Boston. Consultation with his Honor the
Lieutenant Governor and Acting Governor on questions
propounded by him confidentially.

Nov. 5. Examined the Bond of the Directors of the
Warren Bridge, given to the Treasurer of the Common-
wealth, under the provisions of the Statute of the 4th
inst.

Nov. 6. Examined the case of the Commonwealth
vs. Ebenezer Southgate, indicted for fraud, on an appli-
cation for an Executive requisition to the Governor of

4 ATTORNEY GENERAL'S REPORT. Jan

Vermont, to deliver said Southgate as a fugitive from
justice, according to the provisions of the Revised Stat-
utes, chapter 142, section 6th, which require the Attorney
General, in such cases, forthwith to investigate the grounds
of the application, and to report to the Governor all ma-
terial circumstances which may come to his knowledge,
with an abstract of the evidence, and the expediency of
making such demand.

Nov. 7. Report made to the Governor.

At the Supreme Judicial Court in Suffolk, Nov. 11.
Commonwealth vs. Abner Kneeland, Appellant. In-
dictment for Blasphemy under th6 Statute of 1782, chap-
ter 8. Trial by Jury. Verdict Guilty. Case reserv-
ed on motion of Defendant for opinion of the whole
Court. The Jury recommended the Defendant to mercy.

Nov. 21. Examined the case of the Commonwealth
vs. Fobes H. Oliver, charg:ed v/ith fraud, on an application
for an Executive requisition to the Governor of New
York, and made report in writing.

Nov. 27. Attended the Supreme Court at Cambridge,
in the case of Commonwealth vs. Leander Richards, for
perjury, on motion to dismiss the appeal.

Nov. 28. Examined the Bond given by the Corpora-
•n of Warren Bridge aui
er of the Commonwealth,

tion of Warren Bridge and their sureties to the Treasur

Dec. 4. Attended the adjourned term of the Supreme
Court in Salem, when in the case of Commonwealth vs.

1837. SENATE— No. 2. 6

George B. Chcever, for Libel, the Defendant withdrew
his former plea and declined further to contend. Argu-
ment on the case as presented for judgment. Defend-
ant sentenced to suffer 30 days imprisonment in the com-
mon jail, to give sureties for his good behaviour for two
years and to pay costs.

Dec. 4. Settled with the Administrator of John Fitz-
gerald, the claim of the Commonwealth vs. the deceased,
by receiving the balance of said administrator's probate
account, being ninety-nine dollars, and on 5th paid the
same to the Treasurer.

Dec. 5. Attended to the application of the Seargent at
Arms for directions under the Statute of 1835, chapter
154.

Dec. 14. Examined the case of Commonwealth vs.
Curtis Laws, charged with Fraud, and being a fugitive
from justice, on an application for an Executive requisi-
tion to the Governor of New-Hampshire, and reported
the same.

Dec. 16. Addressed a letter to a Committee of the
Honorable Council, in answer to an application by them,
in the case of John Wade under sentence of death.

Dec. 17. Addressed a letter to the Lieutenant Gov-
ernor, in relation to an action brought in the name of the
Corporation of the Warren Bridge, in which the Com-
monwealth was interested, pending in the Supreme Court
at Middlesex.

6 ATTORNEY GENERAL'S REPORT. Jan

Dec. 18. Received the orders of the Executive Coun-
cil, to interpose in said suit, a claim on behalf of the Com-
monv^ealth.

Dec. 15. At the Supreme Court in Suffolk, commen-
ced the Trial of the Commonwealth vs. Samuel L.
Crocket for Arson.

Dec. 16. Trial proceeded through the day.

Dec. 17. Trial concluded. Verdict, Guilty.

Dec. 18. Commenced the Trial of Stephen Russell
for Arson.

Dec. 19. Trial proceeded through the day.

Dec. 21. Trial concluded. Verdict, Guilty.

Dec. 24. Case of Marvin Marcy, in relation to alleg-
ed breaches of the conditions of pardon, examined by
order of the Executive.

Dec. 28. Report made on same.

1836. Consultation with the District Attorney of the
Middle District, concerning a case involving questions
on the law of homicide — according to the duty of the
said Attorney General under chapter 13, section 31.

Jan. 13. Consultation with the District Attorney of
the Northern District, concerning cases of supposed forge-

1837. SENTAE— No. 2. 7

ry and perjury, about to be examined by the Grand Jury
in Middlesex.

Jan. 18. Examined the case of Commonwealth vs.
Tankey, Bell, and Simpson, indicted for stealing ^24,000,
and being fugitives from justice, on application for an
Executive requisition to the Governor of Pennsylvania —
and reported the case.

Jan. 20. Attended at the adjournment of the Su-
preme Court in Middlesex, in the case of the Warren
Bridge vs. Isaac Osgood. Motion to discharge the state
of facts, as directed by the order of the Executive. Case
continued.

Commonwealth vs. Leander Richards. Forgery.
Argued. At a subsequent day the appeal discharged on
motion of Attorney General, and the case remitted to
the Common Pleas to enforce the original judgment
against the Defendant.

Jan. 22. Received from the House of Representa-
tives, an order to investigate the right of the Common-
wealth to a lot of land in Barre, in the county of Wor-
cester, lately occupied by Samuel Jones.

" Jan. 25. Wrote to Scotto Berry of Hardwick, the
present occupant of said premises, in relation thereto.

Jan. 27. Investigated the case of Commonwealth vs.
Aaron B.^ Cutter, a supposed fugitive from justice.

8 ATTORNEY GENERAL'S REPORT. Jan

Jan. 28. Wrote to the Sheriff of Middlesex, concern-
ing the same with directions, &c.

Feb. 9. Consultation with the District Attorney of
the Middle District, in relation to the capital case in said
district, assigned for trial on 16th inst.

Feb. 15. Received from his Excellency the Govern-
or, the petition and papers in the case of Mary Smith,
alleged to be a native citizen of this Commonwealth,
and illegally held in slavery in North Carolina, with di-
rections to make report, &c.

Feb. 15. Consultation with the District Attorney of
the Northern District, as to certain judgments for Com-
monwealth in the Supreme Court at Concord.

Feb. 16. At the Supreme Court in Dedham, for the
county of Norfolk, commenced the trial of the case of
the Commonwealth vs. George Walton, for Highway Rob-
bery.

Feb. 17. Trial proceeded all day.

Feb. 18. Trial proceeded. Case committed to the
Jury. The Jury being unable to agree on a verdict,
were discharged and the Indictment continued.

'&'

Feb. 19. Opinion in the case of Mary Smith, trans-
mitted in writing to the Governor.

March 7. At the Supreme Court in Suffolk, John
Tracy indicted for Murder. Arraigned.

1837. SENATE— No. 2. 9

1836. March 7. Commonwealth vs. Abner Knee-
land, for Blasphemy. Argued on the questions of law
reserved at the trial for the revision of the whole Court.
Continued for advisement hy the Court.

March 10. John Tracy for Murder. Again brought
up. Counsel assigned him — and day fixed for trial.

March 10. Consultation with the County Attorney of
Suffolk, on a case of supposed murder by poison.

March 10. Consultation as above, in the case of a
fraud to large amount, supposed to have been perpetrated
with meal bags of a smaller size than would contain the
quantity purporting to be in them. As to form of In-
dictment.

March 21. In the Supreme Court, Suffolk. Com-
monwealth vs. William G. McNeil, argument on the De-
murrers to the Defendants' eight special pleas in bar.

March 22. Argument continued. At a subsequent
day of the term judgment was rendered in favor of the
Commonwealth. The Defendant prayed to be heard
in Chancery. Case continued for such hearing.

March 28. Commonwealth vs. John Tracy, for Mur-
der. Trial commenced.

March 29. Trial proceeded. Verdict, Guilty of Man-
slaughter.

April 1. Tracy sentenced — 3 days solitary confine-
ment and one year hard labor in the State Prison.
2

10 ATTORNEY GENERAL'S REPORT. Jan

April 2. Examination of the case of Commonwealth
vs. Reuben Smith and Benjamin Iload, charged with
breaking a Store in Bristol county and stealing therein,
and with being fugitives from justice. Wrote to the Sher-
iff at Providence, Rhode Island, for the information re-
quired.

April 5. Supreme Court. Commonwealth vs. James
Riley for Murder. Prisoner arraigned and the prelimi-
nary measures for trial arranged.

April 6. Information under the order of the House of
Representatives vs. Scotto Berry, filed and an order of
notice obtained for the Defendant to appear at Worces-
ter, at the term of the Court there next to beholden.

April 7. An answer having been obtained in the case
of the Commonwealth vs. Smith and Hoad, an opinion
and statements in writing, as required by the Revised
Statutes, were forwarded to the Governor.

April 11. Received an order from the Governor, to
examine three several questions proposed by him, touch-
ing the Jail and its Limits in the County of Worcester,
in connection with the representation of the County
Commissioners in that County.

April 11. Received an order of the House of Repre-
sentatives, to institute a suit against the Town of Cam-
bridge.

April 12. Answer in writing transmitted to his Ex-
cellency, on the questions proposed on the 11th inst.

1837. SENATE— No. 2. 11

• April 12. Consultation with the District Attorney of
the Northern District, on a case pending in the Supreme
Court.

April 12. Consultation with the District Attorney of
the Middle District, on a capital case to be prosecuted in
the County of Worcester.

April 13. Received an order of the Legislature to
secure to the Commonwealth, its rights in lands in
Freetown, New Bedford and Fairhaven.

April 13. Issued a writ in favor of Commonwealth,
against the Town of Cambridge.

April 18. Received from the Secretary of the Com-
monwealth, a Resolve of the Legislature, directing pros-
ecution for trespasses in Boston Harbor, but containing a
provision that nothing therein contained, should author-
ize the prosecution of any person or corporation, who
shall not have extended any wharf or other obstruction,
beyond any bounda-'y line, which may hereafter be re-
ported by the Commissioners, appointed for the survey
of the harbor of Boston and ratified by the Legislature.

The event, limited in said proviso not having yet ar-
rived, no prosecutions have been commenced under its
authority, nor any measures taken beyond the collecting
of evidence and information, excepting on the loth at-
tending a public meeting of said Commissioners, for the
inspection of the plans, on the surveys made by their
order. Yarious complaints have been made to the At-
torney General on this subject and examined, but any ac-

12 ATTORNEY GENERAL'S REPORT. Jan

tion is suspended thereon until the decision of the Leg-
islature.

April 22. Consultation with the Commonwealth's
Agent for managing the affairs of Warren Bridge at his
request — on boundaries and other rights, &c. &c.

April 25. Replied in writing to certain questions, pro-
pounded bj the County Attorney in Suffolk, as to the
taxation of costs, in criminal cases under the Revised
Statutes.

May 2. Received from the Governor, an order to ex-
amine and reply to certain questions, in relation to the
law relating to the rights and duties of the Adjutant
General.

May 4. Answer in writing returned to the Governor.

Supreme Court, Worcester. Judgment obtained for
Commonwealth in case vs. Scotto Berry, on the infor-
mation for intrusion, and notice thereof given to the Gov-
ernor.

May 14. Case of the Commonwealth vs. George
Hall, 2d, a supposed fugitive from justice. Examined
and suspended for further evidence.

May 27. Consultation with the District Attorney of
the Southern District, as to the capital cases at Plymouth
and Taunton.

May 27. Consultation with the District Attorney of

1837. SENATE— No. 2. 13

the Middle District, in regard to certain points of evi-
dence, in the capital case in said District.

May 28. Received from the Treasurer of the Com-
monwealth, a list of seventy-eight persons, who were
delinquent in the settlement of the tax due on sales at
auction, to be proceeded with according to the provisions
of law.

Measures were accordingly taken to bring these seve-
ral pe 'sons to a settlement, and most of them have made
arrangements satisfactory to the Treasurer.

May 30. Special Term of the Supreme Court at
Plymouth, held by all the Judges for the trial of James
Fries, for the Murder of his wife Jerusha. Jury impan-
nelled, and cause proceeded.

May 31. Case proceeded. Verdict, Guilty of Man-
slaughter. Sentence, State Prison three years.

June 1. Special Term of the Supreme Court, at
Taunton, for the trial of criminal cases.

Commonwealth vs. William Near, for Murder. His
motion for a separate trial granted. Cause proceeded.

June 2. Cause proceeded.

June 3. Chief Justice charged the Jury. Verdict,
Not Guilty.

June 3> Commonwealth vs. James Tripp, accessary
to William Near, by being present, aiding and abetting

14 ATTORNEY GENERAL'S REPORT. Jan

in the murder aforesaid. After the verdict abovemen-
tioned nolle prosequi was entered, and both the per-
sons were discharged.

June 4. Received an order from the Governor to
prepare and submit an opinion on certain questions re-
lating to the case of Deputy Sheriffs.

June 5. Opinion submitted in writing.

June 5. Commonwealth vs. George Hall, 2d, further
examined.

June 6. Opinion and statements as required by Stat-
ute transmitted to the Governor, and instructions for the
Messenger charged with the Executive requisition for
said Hall, prepared and forwarded.

June 10. Prepared a deed of certain land of the
Commonwealth in Middlesex, sold under the directions
of the Executive, by virtue of a Resolve of the General
Court.

June 14. At the special term of the Supreme Court
in Worcester. Commonwealth vs. Jonathan Brooks, for
Murder. Case commenced, and continued through
the day.

June 15. Cause proceeded.

June 16. Cause proceeded.

June 17. Cause proceeded. Committed to the Jury.

1837. SENATE— No. 2. 15

Verdict, Guilty of Manslaughter. Sentence, one day
solitary imprisonment, and six years' hard labor in the
State Prison.

June 20. At a special session of the Supreme Court
in Suffolk, for the Trial of James Riley for Murder.
Jury empannelled, and testimony in part examined.

June 21. Trial proceeded.

June 22. Trial proceeded. Verdict, Not Guilty.

June 25. Examination of the application made by a
special messenger of His Excellency Sir Archibald
Campbell, for the Executive interposition to arrest Tim-
othy Dempsey, charged with murder in Nova Scotia, and
with having fled from justice.

June 29. On application for the prerogative process
of the Commonwealth vs. the Boston Wharf Company,
for intrusion into the public property. Case examined.
No further proceedings instituted.

July 5. Court Common Pleas, Suffolk. Common-
wealth vs. The Town of Cambridge. Entered. De-
murrer. As the eventual decision of this case may
require the revision and examination of items in about
four hundred pauper accounts, it is respectfully submitted
to the Legislature whether authority should be given
to the Attorney General to refer the questions of fact
that will*arise in the case to the determination of Refer-
ees, if the Defendants should agree thereto.

16 ATTORNEY GENERAL'S REPORT. Jan.

Jul}' 15. Commonwealth vs. Anton Barrett, Joseph
Barrett, and Margaret Schwarts, charged with Larceny
in the County of Hampshire, and with having absconded
to avoid prosecution. Case examined. Suspended for
further evidence.

July 20. Examination of the objections made by the
Governor of New York to deliver George Hall, 2d, on
the Executive requisition issued for his apprehension,
and preparation made to remove the same. The fugi-
tive afterwards was surrendered.

July 2\. Case of the Barretts and Schwarts again
examined, and measures taken to authorize an Executive
requisition.

July 26. Opinion submitted to the Governor in favor
of issuing an Executive requisition for Anton and Joseph
Barrett — but not for Margaret Schwarts — and the requi-
sition issued accordingly.

Aug. 5. Commonwealth vs. Albert L. Merriam and
Henry Isaacs, charged with Forgery in Worcester Coun-
ty, and being fugitives from justice, on application for an
Executive requisition to the Governor of New Hamp-
shire. Investigated and suspended for further evidence.

Aug. 6. Commonwealth vs. Allen W. Thayer,
charged with Larceny in Suffolk, and being a fugitive
from justice, on application for an Executive requisition
to the Governor of the State of Maine. Examined, and
opinion in writing given accordingly.

1837. SENATE— No. 2. 17

Aug. 9. Opinion in writing prepared on the case
of A. L. Merriam.

Sept. 12. Commonwealtli vs. Leonard Russell,
charged with Fraud, and being a fugitive from justice,
on an application for an Executive requisition to the
Governor of New Hampshire. Examined, and opinion
submitted in favor of the requisition.

Sept. 20. An opinion in writing, prepared by order of
the Governor, in relation to certain questions arising in
regard to the State Prison.

Sept. 21. Opinion prepared for the Warden of the
State Prison, in furtherance of the above order.

Sept. 26. Consultation with the Attorney of the
Southern District, in regard to an Execution in favor of
the Commonwealth.

Oct. 8. On the communication of Samuel A. Frazer,
Esq. Commissioner of Wrecks, examined the supposed
title of the Commonwealth, to certain property in his
possession. The sum of fifty dollars and sixteen cents,
the property of certain persons who died in the wreck of
the brig Star, came into his hands, and is supposed to have
escheated to the Commonwealth, the deceased being for-
eigners and without heirs. This money the Conrmis-
sioner is ready to pay into the Treasury of the Com-
monwealth without suit, when he shall be authorized so
to do, by the Legislature.
3 '

18 ATTORNEY GENERAL'S REPORT. Jan

Oct. 18. At the Supreme Judicial Court in Cam-
bridge. Commonwealth vs. Michael Monahan and Mi-
chael Whaling. Arraigned on the charge of Arson in the
1st degree.

Oct. 19. Habeas Corpus to remove George Walton,
from State Prison to Dedham, for trial. Issued.

Oct. 19. The interest of the Commonwealth, in the
case of the proprietors of Warren Bridge vs. Isaac Os-
good represented, and a claim interposed. Argued. Mo-
tion sustained. Subsequently Defendant defaulted.

Oct. 19. Commonwealth vs. Leander Richards, for
Perjury. Argued on the law reserved at the trial of
the issue. Continued for advisement.

Oct. 20. Order from the Governor to examine the
return of the officer sent to the Governor of New Hamp-
shire w^ith an Executive requisition for Leonard Russell,
and report whether any, and what measures are necessa-
ry to give effect to the same ; the Governor of New
Hampshire declining for certain reason specified in said
return, to deliver the fugitive as demanded.

Oct. 21. Opinion on the above case in writing sub-
mitted to the Governor.

Oct. 27. At the Supreme Court in Taunton. The
case of Commonwealth vs. Michael Drum, for Rape.
Assigned for trial this day. Continued at the motion of
the prisoner..

1836. SENATE— No. 2. 19

Commonwealth vs. Seth Wilbur, for Intrusion^ &c. as
directed bv the order of the l^egislature.

The publication of notice having been made as order-
ed, the tenant in possession, appeared and admitted the
title of the Commonwealth ; but he filed a suggestion as
authorized by the Revised Statutes, Chapter 108, Sec-
tion II, by which he claims to be entitled for better-
ments made by him on the premises, to the sum of one
hundred and sixty-five dollars. The provision of the Re-
vised Statute above referred to, having extended to a
trespasser on the Commonwealth's lands, the same right
to bo indemnified for betterments, that he would have
against a private demandant, the above sum or so much
of it as shall be allowed by the Court, must be paid be-
fore the Commonwealth can have judgment for posses-
sion of the premises.

No provision has been made by law for the payment
of any sum of money in this case, or in others, which un-
der the provisions of the Revised Statutes, may be found
similarly situated, and the order of the Legislature can-
not in this instance be accomplished until its further ac-
tion in the premises.

The British Consul has interposed a claim to delay on
the suggestion that certain British subjects may be in-
terested in the premises. It is not supposed that this
claim will be any serious obstacle to the title of the
Commonwealth, bur on a consideration of it at this term,
the Court deemed it proper to order the cause to stand
continued.

Oct. 29^ The petition of Leonard Russell, and cer-
tain papers relating to the same, shewing cause why the
Executive requisition for apprehending him, should be

20 ATTORNEY GENERAL'S REPORT. Jan

revoked, received from the Governor, with directions to
report thereon.

Oct. 30. An opinion submitted in obedience to his
orders.

Oct. 31. Consultation with the Attorney of the Mid-
dle District, on questions submitted by him in writing on
the construction of the Revised Statutes, in relation to
the necessity of proving a certain description of fire arms,
and on the liability of the makers and venders to prose-
cution.

According to the provisions of the Revised Statutes,
Chapter 13, Section 41, the several Attorneys for the
Commonwealth, are required to make reports to the At-
torney General, in the month of November of each year,
setting forth particularly the amount and kind of official
business done by them, respectively in each county, with
certain particulars in detail as therein directed.

By the 32d section of the said chapter, it is made the
duty of the Attorney General, to include in his annual
report an abstract of the annual reports of the several
District Attorneys.

The Attorney General has made the abstracts in tabu-
lar form, and herewith respectfully annexes and presents
them as part of his Report. ;

All which is most respectfully submitted, by

JAMES T. AUSTIN, Attorney General
January 4, 1837.

1837. SENATE— No. 2. 21

ia'jjir>^«i"nnrrff"rw"'T*"^" '""twi'ii

ABSTRACT OF THE REPORT

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 31st Oct. 183G, inclusive, as made by him to the

ATTORNEY GENERAL.

■»i...^T>>.-*i>»>i^a— fTT-ani^ifii 1 1 iiMiiiiiMiTtminnimnrT

ATTORNEY GENERAL'S REPORT. Jan

Cases to be disposed of.

Ho

w disposed of.

CAUSES OF COMPLAINT.

2

it

_22

J2

£

is

c
2

o

3
'5

cr
<

CD

.|
0
'>

0
0

3

— r5

Z p

REMARKS.

Forgery,

1

4

5

1

3

*1

*]aid on

file.

Felonious Assault,

1

1

1

Adulter}',

J

1

*1

*l;iid on
file.

Libel,

1

]

Nuisance,

5

4

U

20

6

*3|*1 laid on

file.

Riots,

2

1

3

1

1

Larceny,

7

29

2

9

47

2

30

1

*5

*4 laid on
file.

Selling liquors witliout license.

13

5

5

23

12

*6

*laid on
file.

Breach of Sabbatlj,

4

4

Fraud,

1

1

2

*1

*laid on
file.

Resisting Officer and Escape,'

1

1

1

Disturbing Religious Worsbip,

1

]

*1

*Ja'id on
file.

Sell'g unwholesome provisions

2

2

Pound Breach,

1

1

1

3

1

1

PeddHng,

2

^

Malicious Mischief,

1

1

1

3

1

1

Assault and Battery,

2

9

1

8

20

10

1*1

*laid on
file.

Lewdness,

1

1

1

3!

1

1

Total,
Writs of Scire Facias,

33

58

4

47

142'

5

4

67

519
— 16

16 luid on file
lierause Dfis.
were out of
the Common-

1

3

uealih.

Total Cases on this Abstract,

147

continued

for trial.

Deduct Cases pending at the

33

date of last Report,

-•

Total >Ew Cases on this Ab-

stract,

1141

1837. SENATE— No. 2. 23

Of the foregoing persons convicted, there ivere sentenced
to co7ifinement to hard labor in the State Prison :

5 years.

4 "
3 "
2 «'
1 "

16 individuals sentenced.

1

foi

1

((

5

(<

4

ii

5

<(

24 ATTORNEY GENERAL'S REPORT. Jan

PLINY MERRICK, ESQ.

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

NORFOLK AND WORCESTER,

Of his Official Business to 3Jst Oct. 1836, inclusive, as made by him to the

ATTORNEY GENERAL.

1837.

SENATE— No. 2.

25

Casea to be disposed of.

.'low disposed of

3

1

2

1

CAUSES OF COMPLAINT.

2 °

■^ 1)
fee's

a.

a
<

o

o

1 ^

JO

2
<:

0*

s
o
O

a-
to

o
"o

REMARKS.

Murder and Manslaughter,

2

2

1

1

Robbery,

1

1

1

Forgery and Counterfeiting,

1

3

2

'

1

]

2

Larceny,

o

27

lOJ 40

28

2

Perjury,

1

4

5

1

Cheating,

3

2

5

1

2

Conspiracy,

1

1

1

Fornication,

1

1

Adultery,

1

o

3

]

2

Assault and Battery,

2

18

9

29

15

5

Riot,

4

2

6

2

2

1

1

Affray,

1

1

1

Violation of Lord's Day,

1

1

1

Disturbing Public Worship,

1

1

2

1

Violation of the Victuallers'

License Law,

7

38

2

16

63

22

4

21

Official Misdemeanor,

4

4

Trespass and Malicious Mis-

chief,

2

]

3

1

1

Nuisance,

10

26

6

42

1

23

3

9

Jail Breach,*

4

3

2

9

2

1

4

Railing and Brawling,

1

1

1

Maintenance,

1

1

Carried over.

26

ATTORNEY GENERAL'S REPORT. Jan

Cases to be disposed of.

How disposed of.

CAUSES OF COMPLAINT.

O

■o t
o o

be w

a •
Oh

'A

M

4

1
2
1

1

C-

<

o
7Z

2
o

1 cr
o

<

en

.2

'>

o
O

O

s

~o
2;

03

c

C

o

REMARKS.

Illegal Voting,

Neglect to provide Tov(rn
Pound,

Peddling,

Cruelty to Animals,

Contempt,

4

i

]

]

]

7

2

1
2
1
1

107

11

1

51
32

19

Total,

35

137

4

59

235

Peace Warrants,

Writs of Scire Facias,

Total Cases on this Abstract,

Deduct Cases pending at the
date of last Report,

Total NEW Cases since last
Report,

i

6

24S

3(3
206

the defend'ts
have not been
arrested.

continaed

1837.

SENATE—No. 2.

27

Of the foregoing persons convicted, there were sentenced
to hard labor in the State Prison:

1 f(

)r 20 years.

1

6 "

1

t 2 "

4

i 1 "

1 «

' 8 months

2

6 '.'

10 persons sentenced.

28 ATTORNEY GENERAL'S REPORT. Jan

ABSTRACT OF THE REPORT

ASAHEL HUNTINGTON, ESQ.

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

ESSEX AND MIDDLESEX,

Of his Official Business to 31st Oct. 1836, inclusive, as made by him to the

ATTORNEY GENERAL.

1837.

SENA'l'E— No. 2.

29

Cases to be disposed of.

How disposed of.

REMAR

\
CAUSES OF COMPLAINT.

o

<B 5

V

Oh

s

CI

<

O

2
o

CC

5-
<

2

in

_o

>

s
o
O

'5

o-

CO -a

0 «

(^^ 5

"c j 0

12: ,0

KS.

On Victuallers' License Law,

10

60

17

87

42

620

Larceny,
Nuisance,

2

9

52
24

16
2

70
35

7
3

44
16

1

*2
14

*1 laid
file.

on

Assault and Battery,
Kiot,

14
3

21
1

3

7
3

45

7

2

'30
2

2

*6

*3 laid
file.

on

Arson 1st degree,

1

1

1

Arson 2d degree.

2

2

2

Forgery and Counterfeiting,

10

10

2

4

4

Conspiracy,

1

1

1

Perjury,

1

2

I

Adultery,

4

5

1

2

2

Fraud,

2

1

3

1

1

Libel,

2

2

5

1

1

1

Trespass and Malicious Mis-
chief,

3

1

5

2

2

Lewdness and Lascivious Co-
habitation,

1

1

3

1

1

On the Gaming Law,

1

2

1

1

Jail Breach,

2

1

4

3

Drunkenness,

1

1

1

Contempt, *

3

4

4

Pound Breach,

1

1

Rescue,

1

1

3

1

2

Carried over.

30

ATTORNEY GENERAL'S REPORT. Jan

Cases to be disposed of.

CAUSES OF COMPLAINT.

•3

JO

en

CS
03
C-
Q.
<

0

5
0

Assault to commit a Felony,

2

1

192

5

1
53

4

300

4

Total,

50

Writs of Scire Facias,

Total Cases on this Abstract,

Deduct Cases pending at the
date of last Report,

Total NEW Cases since last
Report,

304
50

254

How disposed of.

154

15

O

REMARKS.

4 laid on
file.

continued

1837.

SENATE— No. 2.

31

Of the foregoing persons convicted, there ivere sentenced
to confinement to hard labor in the State Prison :

No. of Indivi

duals.

Term of Sentence.

No.

of Sentences.

2

for

10

years.

2

1

u

8

1

1

((

7

1

3

it

6

4

6

((

4

6

2

it

3

2

6

((

2

5

2

(<

1

2

1

C(

18

months.

1

1

((

7

(.

1

24

( individuals

sentences

)25

[ sentenced.

passed.

^

32 ATTORNEY GENERAL'S REPORT. Jan

^^^.L■M<■k.i^^Ml)L^^Mw;|JJWIa^^yCT^lwcgK^l^flflg^jJlFqJH^F^^^

ABSTRACT OF THE REPORT

SAMUEL D. PARKER, ESQ.

Attorney for the Commonwealth within the County of

SUFFOLK,

Of his Official Business to 31st Oct. 1836, inclusive, as made by him to the

ATTORNEY GENERAL.

1837.

SENATE— No. 2.

33

Cases to be disposed of.

CAUSES OF COMPLAINT.

Murder,

Arson 1st degree,

Burglary 2d degree,

Forgery and Counterfeiting,

Larceny,

Accessory to Larceny,

Perjury,

Assault to commit Felony,

Adultery,

Lewdness and Lascivious Co'
habitation,

Gaming,

On the Victuallers' License
Law,

Assault and Battery,

Informations on the State
Prison Convict Law,

Fraud,

Libel,

Nuisance,

Jail Breach,

Official Misdemeanor,

Illegal Voting,

5

ce ^

03

3
4
1
12
124
3

3
3

2
55

15

24
1

9

2

3
4
2
15
14J
4
5
3
3

1

4

6
62

15
30

2
15

2

1

2

How disposed of.

*2
4

112

2
51

11

12

1

6

2

O

*1

REMARKS.

*3

*8

*4

*convict-
ed of man-
slaughter.

*2 laid on

file.

*3 laid on

file.

*one of these
was contin'd
liy the Grand
Jury, who
found no bill.

*laid on
file.

*Iaid on
file.

*7 laid on
file.

*1 laid on

file.

Carried over.

34

ATTORNEY GENERAL'S REPORT. Jan

Casas to bo disposed of.

How disposed of.

CAUSES OF COMPLAINT.

O

c o

bij on

S

J2

v!

CS

<

o

B
o
H

<

.S

>

o

a-

o

C

2:

^3
3

C
O

REMAKKS.

Distuihing Religious Worship,

Defacinjj the Cupola of the
State House,

Pound Breach,

Drunkenness,

Police Offences,

1

14

2

1
2

1

1
]

To

34

2

1

3
1
2

1

31

2
1

1
226

2

1
12

1

26
*17

9

Total,

271

329

38

46

laid on file
continued.

" Mostly
wliere per-
sons could

Peace Warrants,

Actions of Debt on Recogni-
zances,

Total Cases on this Abstract,

Deduct Cases pending at the
date of last Report,

413
15

not ho ar-
rested.

Total NEW Cases since last
• Report,

398

1837. SENATE— No. 2. 35

Of the foregoing persons convicted, there were sentenced
to confinement to hard labor in the State Prison :

No. of individuals.

Term of !

Sentence.

No.

of Sentences.

5

for

7j

ears.

9

4

4

4

6

3

9

1

2|

1

2

2i

2

9

2

9

3

n

3

8

1

13

1*

6^

months.

1

1*

3*

((

1

40 <

ind

ividuals

sentences (

• 52

\

sentenced.

passed.

(

>
>

* These two were sentenced to the Slate Prison for the periods specified
from and after the expiration of previous sentences, under which they were
then holden.

In addition to the cases contained in tlie foregoing Table, Mr. Parker
reports, that he has had the honor of being consulted by his Excellency
the Governor in the following cases, in the absence of the Attorney Gen-
eral : —

1. In relation to the expediency of sending a requisition to Gov. Marcy,
of New York, for William Hosford and others.

2. Same for one Latham.

3. On the expediency of giving back William Hosford, upon the requisi-
tion of Gov. Marcy.

4. On the expediency of granting an Executive requisition for the arrest
of George W. Allen. On each of which cases he gave an opinion in writing.

He further reports, that of the cases which at the date of his former re-
port were coHtinued — being then unfinished or not ready for trial — ten have
been tried and disposed of; and "some of these," he adds, "were very la-
borious, and are business done this year."

36 ATTORNEY GENERAL'S REPORT. Jan

ABSTRACT OF THE REPORT

CHARLES H. WARREN, ESQ.

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

BRISTOL, PLYMOUTH, BARNSTABLE, DUKES
COUNTY AND NANTUCKET,

Of his Official Businoes to the 31st October, 1836, as made by him to the

ATTORNEY GENERAL.

1837.

SENATE— No. 2.

37

Cases to be disposed of.

How disposed of

O

CAUSES OF COMPLAINT.

to O

•=

REMARKS.

si

■5
an

CS
CD

<

o

O

on

ffl

5"

a'

S

_o

_o
">

s
o

5*1

ID 1 .

2 5

Murder,

1

1

1

Manslaughter,

1

1

1

Rape,

1

1

1

Arson,

1

1

2

1

*1

Burglary,

1

1

1

Assaults to Mnrder and other

Felonies,

1

3

2

6

2

1

1

*1

Larceny,

4

14

6

24

15

3

*3

Forgery,

1

1

Adultery,

3

3

Riot,

2

2

4

2

Assault and Battery,

4

5

12

21

6

1

2

*2

Malicious Mischief,

2

1

3

2

1

On the License Law,

67

67

4

51

189

87

10

41

*23

Nuisance,

15

14

12

41

1

7

1

•20

Pound Breach,

1

1

2

1

On the Auction Law,

1

1

On the Gaming Law,

1

1

Peddling,

1

2

3

1

Official Misdenaeanor,

1

1

On the Law of the Road,

1

1

1

Carried over.

38

ATTORNEY GENERAL'S REPORT. Jan

Cases *.o be disposed of. How disposed of.

CAUSES OF COMPLAINT.

•

o
2

- §.

a "^

-5

JO

-52

OS

c

<

1

0

Z

0

£-
<

c
_o

">

0
0

'5
cr
a.
<n

c

5
^c

REMARKS.

Common Drunkard,

1

1

Total,

92

112

8

96

308

2

125

14

71

30

41

*30

Writs of Scire Facias,
Attacliments for Contempt,

41
3

*In these ca-
■ies tlio per-
sons cliarged
iire beyond
the reach of

Deduct Cases [)ending at the
date of last Report,

Total NEW Cases since last
Report,

352
92

260

process, and
they will not
be carried to
the next Re-
port.

1837. SENATE— No. 2. ^ 39

Of the foregoing number of perrons convicted, there ivere
sentenced to imprisonment to hard labor in the State
Prison :

1

for

7 years,

3

((

5 "

1

u

4 "

1

u

3 "

5

<;

1 "

11