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Full text of "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 



i a ' jj i r > ^«i" nn rr ff"rw" 'T *"^" ' ""tw i'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 

.| 

'> 





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 

« 

(^^ 5 

"c j 

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. 
< 





5 



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; | JJW Ia^^yCT^ lwcgK^l^flfl g ^ jJ lF qJH^ 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 




Z 





£- 
< 


c 
_o 

"> 





'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