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

SENATE.,.. ....No. 3. 



THE 



ATTORNEY GENERAL'S 



ANNUAL REPORT. 



1839. 



I, BOSTON. 



388 



ftommoitoiealtf) of Jllassaiiju^etts- 



To the Honorable Legislature : 

The official business done by the Attorney General 
for the year ending on 3 1 st October, 1 838 ; " the suits and 
prosecutions to which he has attended ; the number of 
persons prosecuted ; the crimes for which, and the coun- 
ties where had ; the results thereof, and the punishments 
awarded therefor," are presented in the following 

REPORT: 

1837. November 2. Commencement of proceedings 
in relation to a claim on the part of the Commonwealth, 
for the effects of the late Dr. Dyres, supposed to have 
died in the county of Norfolk, intestate and without legal 
heirs. 

Nov. 4. Commonwealth vs. Edwin H. Blanchard, in- 
dicted in the County of Suffolk for the crime of fraud in 
obtaining property by false pretences, and with having 
fled beyond the jurisdiction of this Commonwealth. 
Case examined according to the provisions of the Revised 
Statutes, chap. 142, sec. 6, on an application made to the 
Governor, for a requisition on the Governor of New York 
to deliver the said Blanchard as a fugitive from justice. 

An abstract of the evidence, and all material circum- 
stances prepared and reported to the Governor, with " an 



4 ATTORNEY GENERAL'S REPORT. [Jan. 

opinion as to the expediency of making such demand," 
as the statute requires. 

Nov. 7. Supreme Judicial Court for the County of Es- 
sex. Commonwealth vs. Benjamin Kimball, indicted for 
violating the victuallers' licence law ; convicted at the 
Common Pleas. The case brought before this court by 
the defendant on a Bill of Exceptions to the charge of 
the Judge in the court below, declaring the said law to 
be conformable to the constitution of the United States 
and of this Commonwealth. Questions of law argued. 

Commonwealth vs. Oliver Blackington. Indictment 
and Bill of Exceptions as above, with certain other ques- 
tions on the form of indictment, admissibility of testimony 
and amount of proof. Argument opened. 

Nov. 8. Arguments in the above continued and closed. 

Commonwealth vs. Samuel Thurlovv. Indictment and 
Bill of Exceptions on the constitutional questions as 
above, and other questions of form and of testimony. 
Argued. 

Nov. 9. Commonwealth vs. Samuel Thurlow. In- 
dictment and Bill of Exceptions as above, with other 
questions in relation to the proceedings below. Argued. 

Commonwealth vs. Benjamin Kimball. As above, with 
variation in the technical questions reserved. Argued. 

Commonwealth vs. Benjamin Kimball. As above, to 
abide the decision in the case first mentioned. 



1839.] SENATE— No. 3. 5 

These eases, after argument before the full bench were 
continued for advisement, and at the term of the Court 
holden in May last, an opinion was pronounced, affirming 
in the fullest extent, the constitutionality of the license 
laws, and thus putting at rest a question which had been 
the subject of much litigation in various parts of the Com- 
monwealth. 

Nov. 13. Consultation with the District Attorney of 
the Middle District, on the proceedings in regard to a 
person arrested for Robbery. R. S. eh. 13, s. 31. 

Nov. 15. Case of Samuel Sears Moore, charged in 
New Hampshire with having knowingly passed counter- 
feit money, on application from the governor of New 
Hampshire for an Executive process against the said 
Moore as a fugitive from justice Examined. 

Nov. 16. Report and opinion prepared and transmit- 
ted. 

Nov. 16. Further proceedings in claim vs. Adminis- 
trator of the estate of Dr. Dyres. 

Nov. 17. Attended the taking of the deposition of 
the Hon. William Parmeuter, to be used in the case of 
Commonwealth vs. Town of Cambridge. 



■&' 



Nov. 18. Examination of the case of Henry Bliss on 
a requisition made by the Governor of New York, for the 
Executive process of this Commonwealth to arrest and 
deliver the said Bliss as a fugitive from justice. 



6 ATTORNEY GENERAL'S REPORT. [Jan. 

Nov. 19. Facts and opinion reported. Process post- 
poned. 

Nov. 20 Examination of the Books, &c. reproduced 
by a summons issued on the 18th, to the Overseers of the 
Poor, Town Clerk, and Keeper of the Alms-house, of the 
town of Cambridge. 

Nov. 24. Trial of the issue between the Common- 
wealth and the town of Cambridge in the Supreme Court. 
Verdict for the Commonwealth, subject to the opinion of 
the Court on questions of law. 

Nov. 25. Report of the questions reserved, prepared 
for examination of the Court. 

Nov. 26. Report of tiie adverse party presented and 
considered. 

Nov. 29. Consultation with, and written opinion given 
to the District Attorney of the Middle District, at his re- 
quest, R. S. ch. 13, s. 31, on the construction of the 
R. S. ch. 136, s. 27. 

Dec. 1. Supreme Judicial Court held by the Judges 
informally for considering an application made by the 
counsel of Samuel S. Maynard indicted for murder, for a 
postponement of the case. Discussed. Postponement 
ordered. 



Dec. 2. Claim filed with the Judge of Probate for 
the County of Norfolk, for a Decree in favor of the Com- 



1839.] SENATE— No. 3. 7 

monwealth, for the assets in the hands of the administra- 
tor of Gerard Dyres. 

Dec. 5, 6, 7. Writs made against several Banks, Auc- 
tioneers, and their bondsmen. 

Dec. 12. Supreme Judicial Court, Middlesex, Com- 
monwealth vs. Samuel S. Maynard. The case had been 
postponed to this day. Motion for continuance on the 
part of defendant. Granted by Court. Witnesses re- 
cognized for their appearance at the next term in Lowell. 

Dec. 18 Supreme Judicial Court, Hampden County, 
Commonwealth vs. Charles Woodford for Murder. Trial 
commenced and continued through the day. 

Dec. 20. Trial proceeded. Verdict guilty. 

Dec. 20. The Judges opened a special Court, ac- 
cording to the Statute, for the trial of Jesse Hall, Jr., for 
Murder. Jury impannelled, and trial commenced. 

Dec. 21. Trial proceeded. 

Dec. 22. Trial proceeded. 

Dec. 23. Trial proceeded. 

Dec. 24. Trial proceeded. 

Dec. 25. Trial proceeded. 

Dec. 26. Verdict, Guilty. Motion in arrest of judg- 
ment : Argued. Overruled. 



8 ATTORNEY GENERAL'S REPORT. [Jan. 

Sentence of death pronounced upon Charles Whitford. 

Same upon Jesse Hall, Jr. 

Dec. 28. Commonwealth vs. Asa Hayden. Indicted 
for Larceny ; and charged as a fugitive from justice. Ex- 
amined on application for an Executive requisition to 
the Governor of New York, and facts and opinion cer- 
tified. 

Dec. 29. Examined the case of John Campbell, 
charged in Maine with arson, and demanded by the Exe- 
cutive authority of that state as a fugitive from justice. 
Facts stated, and an opinion in writing sent to the Gov- 
ernor in favor of a conditional warrant of arrest. 

Memorandum. The Attorney General was absent 
from the Commonwealth from the 8th January to 9th 
February, on the business of the Commonwealth in the 
case pending in the Supreme Court of the U. S. by 
Rhode Island vs. Massachusetts. 

1838. February 19. Received an order from the 
Governor to examine the circumstances connected with 
Henry A. Atkins, charged with fraud, and with having 
fled from justice, on an application for an executive requi- 
sition to the Governor of the State of Maine, for his 
arrest and surrender for trial in this Commonwealth. 
Examination commenced. 

February 21. Examination closed. The party ac- 
cused was a citizen of Maine. Opinion given to the 
Governor in favor of issuing the requisition. 



1839.] SENATE— No. 3. 9 

Feb. 21. Received an order from the Honorable Sen- 
ate to inquire into the title of the Commonwealth to the 
Province lands, so called, in Provincetown, and whether 
its right to any portion is lost by the undisputed occu- 
pancy of any of the inhabitants. 

Feb. 24. Received an order, passed by both branches 
of the Legislature, to attend any committee thereof who 
were appointed for the examination of any bank, in the 
Commonwealth, whenever required by such committee, 
accompanied by an order of the committee on the Kilby 
Bank to attend its session on 27th instant, and an order 
of the committee on the Middlesex Bank to attend its 
session on 1st March. 

Feb. 24. An opinion in writing concerning the Pro- 
vince lands having been prepared, was delivered to the 
Honorable Senate. 

Feb. 27th. Attended the committee on the affairs of 
the Kilby Bank. 

Feb. 28. In pursuance of an order of the committee 
on the affairs of the Commonwealth Bank, attended the 
session of the committee. Session adjourned to 12th 
March. 

March 1. Attended the committee on the affairs of 
the Middlesex Bank. 

March 6. Probate Court for Norfolk County, Com- 
monwealth vs. Milton Durand, Administrator of G. Dyres, 
the case postponed to 10th inst. 

2 



10 ATTORNEY u^NERAL'S REPORT. [Jan. 

March 7. Attended the committee on the affairs of 
the Kilby Bank. Hearing further postponed. 

March 8. Received an order from His Excellency 
the Governor to examine two communications from the 
Governor of the State of Maine in relation to the former 
requisition from this Commonwealth for a supposed fugi- 
tive from justice, and to report thereon. 

March 9. Communication from a committee of the 
Executive Council as to the state of the Commonwealth's 
liabilities to the Norwich and Worcester Rail-road, with 
directions to prepare an opinion in regard to the same. 
Conference with the agent of that company, eorespond- 
ence with the Register of Deeds in county of Worcester. 

March 10. Probate Court, Norfolk. On application 
in behalf of the Commonwealth for the decree in the case 
of Dr. Dyres' estate in hands of administrator. Exami- 
nation of administrator's account. Balance ascertained. 
Hearing of evidence on claim of Commonwealth. Claim 
allowed, and decree made accordingly. 

March 12. Opinion in writing delivered to the chair- 
man of the council on the matter of the Norwich and 
Worcester Rail Road. 

March 12. Supreme Judicial Court, Suffolk. Com- 
monwealth vs. James Tuck, appellant. Motion to dis- 
miss the appeal, &c, argued. 

Same vs. Charles Watson, same — same. 



1839.] SENATE— No. 3. 11 

March 12. Attended the committee of the Legislature 
on the Commonwealth bank. 



March 13. Consultation with the District Attorney of 
the Northern District, concerning the question of pro- 
cess de novo before the Grand Jury, in case of an indict- 
ment for murder. 

March 13. Attended the committee of the Legislature 
on the subject of Charlestown and Warren Bridges, by 
their order. 

March 14. Attended the above committee at their 
meeting this day. 

March 15. Attended the same committee. 

March 16. By order of a committee of the Executive 
Council, attended them with the agent, of the Norwich 
and Worcester Rail-road. 

March 19. Settled the Commonwealth's claim against 
Milton Durand, administrator of Gerald Dyres, and re- 
ceived, according to the decree of the Judge of Probate, 
the sum of $5260 76. 

March 19. Received an order from the Hon. House of 
Representatives, to make report, concerning certain mat- 
ters in relation to charitable institutions, &c. 

March 20. Received an order from His Excellency 



12 ATTORNEY GENERAL'S REPORT. [Jan. 

the Governor, to examine and report on the case of James 
Da j, a fugitive from justice. 

Examination and report subsequently made as required. 

March 23. Attended the committee on the affairs of 
the Roxbury bank, by their order. Further testimony 
produced by the bank, and the case adjourned to 27th 
instant. 

March 29. Question in regard to the legal claim of 
the Commonwealth to offset the demand for a tax upon 
an insolvent bank, against so much of a note given for 
money borrowed, as would pay the tax ; the note not be- 
ing payable to order, but in fact having been negotiated 
in good faith. 

The subject was presented by the Treasurer of the 
Commonwealth, and an opinion of the law given at his 
request. 

April 2. Supreme Judicial Court. Commonwelth vs. 
Abner Kneeland, indicted for blasphemy. Opinion of the 
court on the questions reserved at the trial, delivered by the 
Chief Justice, and the exceptions taken by defendant 
overruled. Sentence postponed at defendant's motion. 

April 4. Consultation with the District Attorney of 
the Middle District on a series of cases under the license 
laws. 

Paid to the Treasurer of the Commonwealth the sum 
of five thousand two hundred and sixty dollars and sev- 
enty-six cents, being the whole amount of the judgment 



1839.] SENATE— No. 3. 13 

and decree of the Probate Court in the case of Common- 
wealth vs. Milton Durand. 

April 5. Consultation with the District Attorney of 
the Northern District on questions arising in the prose- 
cution of a person absconding, and presumed to be in 
Canada. 

April 6. In Supreme Court, the argument in the case 
of Commonwealth vs. Cambridge, commenced. 

April 7. In relation to sentence on Abner Kneeland, 
the defendant was heard, and the Attorney General in 
reply. 

The argument in Commonwealth vs. Cambridge was 
concluded. 

April 11. Supreme Judicial Court for Middlesex, at 
Lowell. Commonwealth vs. Wm. Graves, for murder. 
Defendant arraigned. Counsel assigned by the court. 
Trial appointed for 4th June. 

April 13. Received from the Treasurer of the Com- 
monwealth a list of twenty-eight banks delinquent in the 
payment of the semi-annual tax, to be proceeded against 
for the recovery of the sum due, — and suitable measures 
from time to time taken thereon for this purpose. 

April 16. The case of the Commonwealth vs. Henry 
Atkins, as a fugitive from justice, having been for some 
time under consideration, and sundry communications be- 
tween the Executive departments of Massachusetts and 



14 ATTORNEY GENERAL'S REPORT. [Jan. 

Maine having been placed in the hands of the Attorney 
General, with directions from the Governor to report on 
the construction of constitutional law involved in the 
case ; and on the proceeding of the agent of the State 
charged with the requisition formerly issued, a report was 
prepared, and was this day delivered to His Excellency. 

April 17. Received for examination the draft of a 
bond in the penal sum of two million one hundred thou- 
sand dollars, and the instrument of conveyance as collat- 
eral thereto, made by the Western Rail-road Corporation. 

April 23. Probate Court, Suffolk. Commonwealth, 
applicant for a decree in the case of John Wilson alias 
Peterson, an alien, supposed to have died without heirs. 
Hearing in part. 

April 28. The bond and conveyances of the Western 
Rail-road approved and delivered to the agent of the cor- 
poration. 

May 3. Order received from the Governor to examine 
the case of Josiah Gil more demanded as a fugitive from 
justice by the Governor of New York, and under arrest 
in Hampden county, for passing counterfeit bills in this 
Commonwealth. 

May 4. Received the plan of proceedings intended to 
be adopted by the Nashua and Lowell Rail-road Corpo- 
ration, as preparatory to the execution by them of such 
legal instruments as might be required, to entitle them to 
obtain the advance of money under the law recently en- 
acted,- — for examination and advice. 



1839.] SENATE— No. 3. 15 

May 7. Received from the Treasurer a list of ninety 
persons, debtors to the Commonwealth, as promissors or 
guarantors, or co-sureties on promissory notes in his office 
on which principal or interest remained due — to be pro- 
ceeded with according to the Revised Statutes, chap, 13, 
section 25. 

Such measures were accordingly pursued. But for the 
circumstances connected with these demands, and the 
means of proceeding in them for the greater security of 
the Commonwealth's rights, 1 respectfully ask leave to 
refer to the same subject in my last annual report at pa- 
ges 11 and 12, as printed in the documents of the Senate. 

May 9. The case of Josiah Gilmore having been in- 
vestigated, an opinion was prepared and sent to the Gov- 
ernor, according to his direction on 2d. 

May 12. Consultation with the District Attorney of 
the Northern District, on the cases for trial before the 
Supreme Court at Lowell, on 4th proximo, and especial- 
ly with regard to measures for procuring the attendance 
of absent and absconding witnesses. 

May 14. Probate Court, Suffolk County. Further 
hearing in case of John Wilson, deceased. 

May 16. Received the draft of a bond in the penal 
sum of one hundred and eighty thousand dollars, and con- 
veyances collateral thereto, prepared by the Eastern 
Rail-road Corporation, for advice and direction in order 
to obtain an advance of money from the Commonwealth 
under the law recently enacted in their favor. 



16 ATTORNEY GENERAL'S REPORT. [Jan. 

May 17. Further consultation with the District At- 
torney of the Northern District, to make arrangements 
for the trial of Wm. Graves in the absence of the abscond- 
ing witnesses. N(.nv witnesses to be sent for, and other 
efforts to supply the deficient testimony. 

May 21. Probate Court, Suffolk County. Further 
proceedings on the claim of the Commonwealth in the 
case of the administrator of Wilson, deceased. 

May 25. Commonwealth vs. John G. Copp, charged 
with larceny, and being a fugitive from justice. Case 
examined on an application for an Executive requisition 
to the Governor of New York, and report and opinion 
certified accordingly. 

May 26. The bond and mortgage of the Eastern 
Rail-road Corporation finally approved and certified. 

June 2. Commonwealth vs. Frederic G. Williams, 
prosecuted in Suffolk for forgery. Application for an ex- 
ecutive warrant to the Governor of the State of Alabama 
for his arrest and surrender as a fugitive from justice. 
Case examined and report made. 

June 4. Supreme Judicial Court, by special adjournment 
at Lowell. Commonwealth vs. Win. Graves, for murder. 
Motion to postpone on account of absent witnesses made 
by the counsel of the Commonwealth. Granted by the 
court — 9th July assigned for trial. 

Commonwealth vs. Samuel S. Maynard, for murder. 
Trial commenced and continued through the day. 



1839.] SENATE— No. 3. 17 

June 4. Trial proceeded. 

June 6. Trial proceeded, and was finished. Verdict, 
guilty of manslaughter. Sentence, three days solitary 
imprisonment, and three years hard labor in the State 
Prison. 

June 7. Commonwealth vs. Isaac Pollard, charged 
before the Police Court at Lowell, with being accessary 
to murder, and with being a fugitive from justice. Ap- 
plication to the Governor fof Executive requisitions to the 
Governors of Pennsylvania and New York, for his arrest 
and surrender ; and a state of facts and opinion certified 
accordingly. 

June 11. Supreme Judicial Court, by adjournment in 
Suffolk. Commonwealth vs. Richard Hildieth, indicted 
for libel. Special plea in abatement and appeal from the 
judgment of the Municipal Court thereon. At the mo- 
tion of the Attorney General, the appeal dismissed as 
having been improvidently taken. 

Commonwealth vs. Asahel B. Mott, appellant, from a 
judgment of the Municipal Court, for second sentence to 
State Prison. Submitted without argument. Prisoner 
remanded. Continued for advisement. 

12. Instructions prepared by direction of the Gover- 
nor, to the Agent of the Commonwealth entrusted with 
the Executive requisition to the Governor of Alabama, 
for T. G. Williams. 

June 13. Received from the Treasurer a list of fifty- 
three delinquent Auctioneers, for process against them- 
selves or their Bondsmen, as provided by law. Measures 
3 



18 ATTORNEY GENERAL'S REPORT. [Jan. 

were accordingly taken, for this purpose, first in all cases 
by letter, and where th;it w;is ineffectual and the case 
required it, by action at law. In the course of the year, 
most of these cases have been adjusted at the Treasury. 

June 15. Received for examination the Record of the 
proceedings of the Nashua and Lowell Rail- Road Cor- 
poration, and the draft of a Bond, and other instruments 
prepared under directions given by me to the Agent 
of the Company for the purpose of receiving the money 
to be advanced by the Commonwealth. 

June 18. In Supreme Judicial Court, Suffolk. Com- 
monwealth vs. Abner Kneela'nd. Defendant sentenced 
to sixty days imprisonment in the common jail. 

June 19. The Bond Mortgage and Records of the 
Nashua and Lowell Rail-Road Corporation having been 
examined, were approved, certified, and delivered to the 
Treasurer. 

June 19. Supreme Judicial Court, Suffolk. Com- 
monwealth vs. James B. Tuck, Appellant. Motion in 
arrest of judgment, after conviction of aggravated lar- 
ceny. Argued. On the 25th, the opinion of the Court 
was pronounced. Further proceedings had. Sentence 
postponed, on defendant's motion, to 27th. Further ar- 
gument on the construction of the law in regard to pun- 
ishment. On 29th, the opinion of the Court was pro- 
nounced on this part of the case, and the prisoner was 
sentenced to 3 days solitary confinement, and 5 years 
hard labor in the State Prison, as a common and notorious 
thief, 



1839.] ' SENATE— No. 3. 19 

It will illustrate the remarks in a subsequent part of 
this report, to advert to the fact, that, in the progress of 
this ease, the prisoner was brought from the jail, to the 
Court House, thirteen several times. 

June 25. Case of Gilmore, in Hampden County, fur- 
ther attended to, by request of the Sheriff having him in 
custody. 

June 25. The opinion of the Supreme Court in the 
case of Commonwealth vs. The Town of Cambridge, on 
the questions reserved, was this day delivered. The ver- 
dict was set aside, and the rules for estimating the ac- 
counts between the town and the Commonwealth were 
defined. 

The case stands for a new trial, on principles favorable 
to the claim of the Commonwealth, for a considerable 
part of the sum supposed to have been over paid to the 
Town. 

June 26 and 27th. The proceedings of the Agent of 
the Commonwealth, sent with an executive requisition, to 
the state of Maine, in the case of Atkins having been the 
subject of complaint, by the Governor of that State, 
were referred to the Attorney General, for examination, 
and such measures as the circumstances rendered proper. 
Examination, thereof, was accordingly had. The ex- 
planations of the Agent received, and communicated with 
the Attorney General's opinion, to His Excellency the 
Governor of this Commonwealth. 

July 2. Received from the Chairman of a Committee 
of the Executive Council, a request to examine and pre- 
pare an opinion on the legality of a certain military elec- 



20 ATTORNEY GENERAL'S REPORT. [Jan. 

tion, and the petition and remonstrances thereon ; which 
opinion was subsequently sent to the Committee. 

July 3. The Treasurer of the Commonwealth repre- 
rented the necessity he was under of obtaining further 
legal advice in regard to certain measures connected 
with his official duties, and the public interest, and stated 
certain questions on which he desired an opinion, in re 
gard to the law. The same were considered, and at a 
subsequent day, an opinion was submitted. 

On this matter, and the general subject of which it is 
a part, reference is respectfully made to the Attorney 
General's last annual Report, pages 23 and 24. 

July 6. Case of Commonwealth vs. J. C. Brodhead, 
indicted for embezzlement, and charged with being a fu- 
gitive from justice. Proceedings had, on an application 
for an Executive requisition, to the Governor of New 
York. 

July 7. Proceedings had in consequence of a commu- 
nication from the Agent of the Commonwealth, at Mo- 
bile, charged with an Executive requisition for Williams. 

July 9. Supreme Judicial Court, at Lowell. Com- 
monwealth vs. Wm Graves. Motion made on part of the 
Commonwealth, for a continuance by reason of the ab- 
sence of a material witness, and the efforts to prevent his 
attendance made by some unknown person. Witnesses 
examined to this point, and the motion sustained. 

July 11. Arrangements made in New York, Pennsyl- 
vania, and New Hampshire in regard to the above. 



1839.] SENATE— No. 3. 21 

July 14. Commonwealth vs. Asa A. Brown, charged 
with fraud, and as a fugitive from justice, on application 
for an Executive requisition, to the Governor of North 
Carolina. 

Interrogations in writing to Applicant. Answers ob- 
tained. Facts and opinion, certified. 

July 18. Case of Josiah Gilman, at Hampden, in- 
dicted for passing counterfeit money, and demanded as a 
fugitive from justice by the Governor of New York, fur- 
ther considered at the request of the Sheriff of that 
county. 

July 26. Further correspondence as above. Suspended 
as to final action by his subsequent escape from prison. 

August 7. Examination of the bill of costs presented 
by counsel of Maynard to be taxed and paid by Common- 
wealth. 

Aug. 9. Commonwealth vs. Brazillai Perkins, charged 
with larceny, and as a fugitive from justice. Application 
for an Executive requisition to the Governor of N. Vork. 

Aug 10. Facts and opinion reported to the Governor 
on the above case. 

Aug. 26. Commonwealth vs. Moses B. Goodwin. Lar- 
ceny. Fugitive from justice. Application for Executive 
requisition to the Governor of Maine. Facts examined. 
Opinion given against the application. 

September 3. Consultation with the District Attorney 



22 ATTORNEY GENERAL'S REPORT. [Jan. 

of the Middle District, on the case of Davis, in custody 
on a charge of murder. 

Sept 11. Supreme Judicial Court, Hampden County. 
Commonwealth vs. William F. Reed, appellant, for per- 
jury. Commonwealth vs. Lydia Ann Reed, appellant, 
for same. Jury empannelled and trials commenced be- 
fore same pannel. 

Sept. 12. Trials proceeded. 

Sept. 13. Trials proceeded. Verdict, not guilty. 

Sept. 25. Examination of the cases of Edward Sal- 
zeman and Geoffrey Leeford, charged with store break- 
ing and larceny at New Orleans, and claimed by the 
Governor of the State of Louisiana, as fugitives from 
justice. 

Sept. 26. Examination continued. Report and opin- 
ion delivered to the Governor. 

October 9. Supreme Judicial Court, Worcester. Com- 
monwealth vs. Townsend Willard, license law. Excep- 
tions from Common Pleas. Argued. Continued. 

Commonwealth vs. Squire Shove. Exceptions, &c. 
Argued. Continued. 

Oct. 15. Received from the Treasurer a list of six 
banks, delinquent in the payment of the tax, to be pro- 
ceeded with according to the statute. 

Oct. 16. Supreme Judicial Court, Middlesex. Com- 



1839.] SENATE— No. 3. 23 

monwealth vs. William Graves. The witnesses who at- 
tended according to recognizance or summons, further 
recognized to appear on 4th December, and trial assigned 
for that day. 

Oct. 29. Supreme Judicial Court, Bristol County. 
Commonwealth vs. Joseph Silvia, murder. Trial com- 
menced. 

Oct. 30. Trial proceeded. Verdict, manslaughter. 
Sentence, three days and three years in State Prison. 

Commonwealth vs. Jason P. Lord, assault and battery. 
Exceptions from Common Pleas, as to character of a 
Sheriff's aid ; submitted and continued for advisement. 

Commonwealth vs. same, license law. Exceptions, 
&c. Submitted and continued. 

In explanation of the foregoing details, I beg leave re- 
spectfully to state, that the duties of the Attorney Gen- 
eral extend to causes civil as well as criminal, in which 
the Commonwealth is a party, under the limitations pro- 
vided by the terms of the law. This connection with 
the civil causes of the Commonwealth was first established 
as a part of his regular duty, by the statute of 1832. Be- 
fore that time, civil causes in which the Commonwealth 
was a party, were of rare occurrence ; and when they 
arose, provision was generally made by special resolve. 
The ordinary demands in favor of the Commonwealth 
were few, except for the collection of its taxes, and these 
by a very plain and summary process then in use, were 
enforced without any reference to the judicial tribunals. 



24 ATTORNEY GENERAL'S REPORT. [Jan. 

The reception and distribution of the Surplus Revenue, 
the investment of the State's funds in rail-road corpora- 
tions, and the extensive sale of its public lands on credit, 
have greatly multiplied the occasions for civil process in 
the ordinary course of law. 

The statute which abolished the ancient proceedings 
by warrant of distress, Jeaves the Commonwealth to pro- 
ceed in the courts of law in the manner of a private cor- 
poration, as well for its auction and bank taxes as for its 
other demands, with no priority or privilege over common 
suitors, whenever there is any delinquency by any one of 
its debtors. Hence it is, that new and pressing occasions 
arise for judicial procedings by the State, not only in its 
character of a great owner, proprietor, and creditor, but 
on the part also of its principal agents, who are en- 
trusted with the management of its property, or the pres- 
ervation of its credit. It is in consequence of this new 
state of things that this department of the Attorney Gen- 
eral's duty has greatly extended, as will be seen by the 
fact, that during the past year, one hundred and eighty-five 
separate causes of civil actions have been sent to him from 
the Treasurer or other source, to be proceeded with by suit 
at law, or such other manner as in his discretion should 
be deemed expedient ; and that during this, a:id the pre- 
ceding year, many occasions have arisen for consultation 
and legal advice on the part of officers of the government, 
growing out of the complicated relations in which the 
public business has been placed. 

I submit this matter to the attention of the Honorable 
Legislature only to make known the defect in the exist- 
ing provisions of law, and the need of further provisions 
to meet and accompany so great a change in the business 
of the Commonwealth. 



1839.] SENATE— No. 3. 26 

In one class of cases, the Attorney General is directed 
to proceed " with due regard to the situation of the debt- 
ors/' but the means of obtaining a knowledge of that sit- 
uation is not at his command. In some cases, suits at 
law are peremptorily enjoined ; but the expenses of such 
suits are no where provided for. By a recent statute, a 
defendant, prevailing in a suit against the Commonwealth, 
is entitled to be paid his taxable costs; yet for a prelimi- 
nary examination of the case, which is always necessary 
to prevent such a result, no means are allowed. 

The great change which was made in the form of pro- 
ceeding by the Commonwealth, for the recovery of its 
taxes and debts, by the abrogation of the ancient Writ of 
Warrant of Distress, and the substitution of the ordinary 
process of a suit at law, was for some years hardly real- 
ized by the community. 

It is now beginning to be better understood. Debtors 
may be expected to take advantage of it. Suits will, of 
course, be multiplied, and emergencies will arise in which 
more means may be required than are at present placed 
at the disposal of any officer of the government. 

I had the honor of including this subject in my last 
annual Report, and the experience of another year indu- 
ces me respectfully to repeat it on the present occasion. 

In this connection it may be proper to notice the sub- 
ject of Fugitives from Justice, first assigned to the 
Attorney General, as a branch of public duty, in 1834; 
when it was perceived to be a growing cause of interest 
to the Commonwealth. More cases have probably oc- 
cured since that period, than in all the previous time 
since the adoption of the Constitution of the United 
States. 

The number is thus increased by the facility of inter- 
4 



26 ATTORNEY GENERAL'S REPORT. [Jan» 

course between the States, and the policy of criminals to 
change their residence as soon as possible, after the com- 
mission of great crimes. 

In these cases, promptness of action, when a messen- 
ger is to be sentyrom this State, and a ready attention to 
the business when the messenger of another state is de- 
puted to the Executive of this Commonwealth, are indis- 
pensably requisite. But the process is of a high and ex- 
traordinary character, and the haste that is demanded, 
may not safely be permitted to supercede a due delibera- 
tion and inquiry. 

The process is peculiarly liable to be abused. The 
security of our own citizens from harrassing and vexa- 
tious arrest, when the law does not authorize their sur- 
render, and the power of obtaining or delivering culprits, 
who ought to be subjected to judicial trial, are the true 
objects of this process, and these cases should lie carefully 
distinguished from those, where individual advantage and 
private claims for debt or contract, are the real objects of 
the application. In the recent very free use of this con- 
stitutional provision through most of the United States, 
questions have arisen within this Commonwealth that 
involve the most complicated and nicest points of consti- 
tutional and public law. 

'1 he duty assigned to the Attorney General, in these 
cases, extends very much into detail, by the Revised 
Statutes, ch. 142, sec. 6 and 7 ; but the means of obtain- 
ing the necessary information on the spur of the occasion, 
are not at his command. 

During the last and preceding years, the Legislature 
has been pleased to direct the advance of large sums of 
money to certain rail-road corporations, on the execution 
of a bond, " in such form as the Attorney General shall 



1839.] SENATE— No. 3. 27 

prescribe," and on the conveyance of the entire road with 
its income, and all the franchise and property to the cor- 
porations respectively belonging, as a pledge or mortgage 
to secure the performance of all the conditions of such 
bond, " by a suitable instrument to be prepared for that 
purpose, under the direction of the Attorney General." 

Without stopping to inquire whether this new and 
highly responsible trust was a part of the regular official 
duty of the Attorney General, or might properly be con- 
sidered as an extraordinary service specially required 
by the Legislature, I have in all the cases which have 
been presented, attended to the business without expense 
to these corporations or any of them, and with the delib- 
eration and care which the amount involved and the cir- 
cumstances of the conveyance would admit. 

But the immense interest which the Commonwealth 
has in these securities, the imperfect state of the general 
law necessarily applied, and yet hardly applicable to con- 
veyances of this novel character, where much of the prop- 
erty intended to be conveyed had no actual existence at 
the time the conveyance was made ; the uncertainty 
which, to some extent and for a period of time, must ex- 
ist as to the titles of pieces of real estate taken by corpo- 
rations by force of law, without the owners consent, and 
yet conveyed by these legal instruments from those 
corporations to the Commonwealth, with other circum- 
stances, varying indeed in each case, but more or less ap- 
plicable to them all, induce me very respectfully to ex- 
press a wish, that the Legislature would be pleased to 
revise the several instruments which have been prepared 
for this purpose. 

These legal iustruments are intended to be securities 
for millions of dollars. They are put on file in the Treas- 



28 ATTORNEY GENERAL'S REPORT. [Jan, 

urer's office, and may not, perhaps, be disturbed for half 
a century. Their value can be tested only when judicial 
action may be required. In the mean time, laws and 
lawgivers change. New views may be taken of individ- 
ual and corporate liabilities and rights. A present ac- 
ceptation of these securities may, at some future time, be 
deemed to have been necessary to their validity. At any 
rate, such a revision would remove all doubts, and cor- 
rect all errors, if either one or the other should be found 
to exist. 

It is respectfully submitted, that in case any one of 
these corporations should neglect to pay the annual inter- 
est, as provided for in these contracts, the State might be 
placed in a very disagreeable position, and the Treasurer 
be unable to maintain the public faith ; and that for this 
possible emergency, no sufficient security is, or could -be 
provided in these legal instruments. 

It is further respectfully submitted, that the possession 
of the personal property intended to be conveyed by them, 
is to be kept by the corporation until a breach in the 
condition of the bond, and that there is no security by 
force of these instruments, and by the express provision 
of the law none could be made by them, that at the 
time of the breach of the bond, if any occurs, the per- 
sonal property will be forthcoming to answer the Com- 
monwealth's demand. 

In the hands of the high-minded and honorable men 
who now control these great properties no danger can be 
apprehended. But bonds and legal instruments are made 
for posterity, and are of value only as they are pre- 
pared for all possible emergency. 

After the passing the Act to aid the construction of the 
Western Rail-Road. ch. 9, 1838: and when, in prepara- 



1839.] SENATE— No. 3. 29 

tion for the duties it enjoined upon me, I necessarily 
studied its conditions, I informed the President of that 
Corporation, that in the then condition of their property, 
and of the general laws of the Commonwealth, I should 
not be able to approve any instrument that could be 
drawn ; as none would, in my opinion, be adequate to 
the purposes contemplated by the Legislature. 

The law agent of that Corporation, assenting to the 
difficulties suggested, prepared the 4th and 5th sections 
which were added to a Bill, then pending, and are now 
part of the 99th ch. of 1338. 

These provisions were not, in every respect, such as 
would have been desirable, according to my view of the 
case ; but when the conveyances were prepared and pre- 
sented to me for examination, after the passing of this 
law in express reference to the subject, and after the 
Legislature had adjourned, there was no other alternative 
than by refusing to accept the instruments, to stop for a 
year the magnificent work in progress, or to accede to 
construction which the Legislature might be supposed to 
have given to the whole subject. 

It was not without some solicitude that I adopted the 
later course, being induced to it by the consideration that 
there would be security enough for the money which 
was to be advanced within the year, and that the good 
faith of the Corporation would direct its application in a 
manner to prevent any considerable hazard, which might 
have otherwise occurred from the terms of the law, but 
more especially because the Corporation had in fact ten- 
dered all the security which the existing law required. 

It is understood that the money has been expended in 
a manner which thus far relieves all anxiety, in this res- 
pect. 



30 ATTORNEY GENERAL'S REPORT. [Jan. 

The provision in the 4th section of the Act aforesaid, 
makes the conveyance of full force, " without any record 
thereof," whereby the evidence of the State's interest 
consists, in each case, of a single piece of paper, exposed 
to the hazard of fne, or other accident by which it may 
be lost or destroyed. 

The 5th section contains a proviso, which, in case of 
any embarrassment in the affairs of these corporations, 
might bring the Commonwealth into litigation with other 
creditors, and materially affect the security. 

In the case of the Norwich and Worcester Rail Road, 
other difficulties w< re presented, by reason of the line of 
Road being, in part, within the jurisdiction of another 
state, and of the condition of the property, both as to its 
then and future availibility, by reason of this position. 

This being known to the Legislature, at the time of the 
grant of aid for its construction, is adverted to now only 
to strenghten the wish above expressed, that the present 
condition of the securities prepared under my direction, 
may be examined by the Legislature. 

In discharge of another branch of the requisition made 
upon the Attorney General, by the Revised Statutes, I 
have the honor to submit the following statement: 

The sums of money called, in the Treasurer's accounts, 
" Balances paid by the Commonwealth to the County 
Treasurers, for the expenses of criminal prosecutions," 
amounted, for the year 1825, to the sum of $17,247 61 . 
In 1831, they had more than doubled, — amounting, for 
that year, to #38,723 98. With a knowledge of this in- 
crease, the Legislature of 1832 revised the system of 
criminal jurisprudence to a certain extent, and established 
one in many respects new, which, with the modifications 
partially made, since that time, has been, and now is, in 
force. 



1839.] SENATE— No. 3. 31 

The operation of this system was, that in t he year 
1832, the expenditure was reduced to $28,156 69, and 
was, in 1831, kept at the sum of $31,591/15. A care- 
ful examination of the results of the two systems, will 
show, on the same amount of business, a reduction by 
means of the present one, in the annual expenditure of 
not less than 10,000, in the balances of the County 
Treasurers' accounts, and a further saving to the Com- 
monwealth of about two thousand dollars per annum, by 
reducing the number of prosecuting officers from sixteen, 
as formerly, to six, as at. present. 

It is found, however, that there is in these expenses a 
constant tendency to increase. The amount for 1838 is 
nearly or quite $70,000, being more than four times what 
it was in ;825, and more than double the amount in 1831. 
There is litlle reason to expect that the aggregate of 
these balances for the current year will not, in like or 
even greater proportion, exceed that of the last, unless 
the Legislature shall be pleased to devise and adopt some 
measures to counteract this progressive accumulation. 

These balances are made up principally of two classes 
of expense. One is costs, properly so called, taxed by 
law in the prosecution of accused parties in the judicial 
tribunals up to the time of their conviction or discharge. 
The other is for the expenses of maintaining such parties 
before sentence, in the county jails, or after sentence, in 
such jails, or in a house of correction. Of the costs above 
mentioned, it is to be observed, that one portion occurs 
before Police Courts or examining magistrates, which are 
not under the control of t lie prosecuting officers of the 
government, and that only the residue is caused by 
proceedings in the courts of record, under their direction. 

It is believed, that if these accounts should be ana- 
lysed, it would be found that the part belonging to the 



32 ATTORNEY GENERAL'S REPORT. [Jan. 

latter description, has not increased as rapidly as the other 
part, nor beyond the proportion fairly arising from the in- 
crease of crime, the natural results of the system under 
which crime is prosecuted, and the present elaborate 
mode of trying causes, which accords with the delibera- 
tion, intelligence, and growing humanity of the age. 

Nevertheless, the whole subject may, in a certain 
sense, be deemed to belong to the department of criminal 
justice, and the alarming tendency to a constant increase 
of expenditure, which is seen by a comparison of the ac- 
counts of former years with those of more recent date, and 
especially of the last year, justify an inquiry into the sub- 
ject. The immediate causes of this increased expense, 
and the means of reducing it by amendments of the exist- 
ing laws may unquestionably give rise to a difference of 
of opinion, and the different interests which might be af- 
fected by a curtailment of existing causes of expense 
would no doubt increase the difficulty of establishing a 
more economical system. 

My observation in the practical discharge of my of- 
ficial duties, satisfies me that something may be done to 
arrest the progress of the evil, without diminishing the 
efficiency of public justice or impairing the protection of 
individual rights ; but I venture in an annual report, to do 
no more than state the facts, without attempting to enu- 
merate the supposed causes, or their probable remedy. 

Abstracts of the reports made by the several District 
Attornies, are hereunto annexed, and the whole 

Respectfully submitted, by 

JAMES T. AUSTIN, 

Attorney General. 
January 3d, 1 839. 



1839.] SENATE— No. 3. 33 



ABSTRACT OP THE REPORT 



ASAHEL HUNTINGTON, ESQ. 



ATTORNEY FOR THE COMMONWEALTH FOR THE 



NORTHERN DISTRICT. 



34 ATTORNEY GENERAL'S REPORT. [Jan, 





Cases to be 


disposed of. 


How disposed of. 






■U-, 
O 
03 
« . 

r-j « 




















CAUSES OF COMPLAINT. 


2 o 












■a 




REMARKS* 




*"* 03 














cr 








C6 " 










tri 


a) 

P 


03 . 






be to 

S-2 




IS 73 




o3 


e3 


£ « 

s 






'S 




03 22 


"« 




*> 


q \n 










P. 


— 




S C 






03 




Q, O 


o 


u 


o 


o o 






Oh 


n 


<; £ 


H 


< 


O 


fc b 




On the License Laws, 


39 


28 


1 
2;n 


80 


*3 


53 


112 


*Judgment 




















arrested by 


Larceny, 


5 


50 




t3 


68 


•3 


47 


1 


4 


operation of 
tlie new li- 
cense law. 


Nuisance, 


19 


16 


9 


44 


3 


21 


1 


10 


♦Acquitted in 
two cases by 
reason of In- 


Assault and Battery, 


5 


15 


910 


39 


*5 


18 


1 


5 


sanity. 

*One case of 
a complaint 


Forgery and Counterfeiting, 


5 


3 


2 


10 




4 




*4 


to a magis- 
trate — quash- 
ed on motion. 


Perjury, 


1 


2 


6 


9 






1 


2 


♦Defendant 
not arrested 


Subornation of Perjury, 




1 




1 








1 


in three ca- 
ses. 


Conspiracy, 


1 


2 






3 


1 




1 


1 




Adultery, 


2 


5 




1 


8 


2 


4 




1 




Fraud, 


1 


9 




3 


13 




6 




*4 


*L)efcndant 
not arrested 


Libel, 


1 


1 




1 


3 




1 




] 


in two cases* 


Trespass and Malicious Mis- 






















chief, 


2 








2 




2 








Lewdness and Lascivious Co- 






















habitation, 


3 


3 




] 


7 




2 


1 


*3 


*Defendant 
not arrested 


On the Gaming Act, 


3 


3 




3 


9 




5 




1 


in one case. 


Rescue, 


2 








2 


1 




1 






On the Sunday Law, 


3 


12 


1 


4 


20 




7 




9 




Murder, 


1 


J 






2 




*1 




1 


*Convicted of 
manslaugh- 


Illegal Voting, 


1 






2 


3 








1 


ter. 


Riot, 


3 


4 




7 




3 


1 


*3 


*Defendant 
not arrested 


jSxtortion, 


1 








1 






1 




in one case. 



1839.] 



SENATE— No. 3. 



35 





Cases to be disposed of. 


How disposed of. 






O 

£ 




















CAUSES OF COMPLAINT. 


as 

o 

32 

t3 to 


to 


o 


DC 

s 




3 
o 
H 


00 

'3 
c 
u 


03 

C 

.9 

.H 
"> 

a 
o 
O 


3 
— 
O 
Ed 

o 
- 

0) 

"5 


■d 

a 


REMARKS. 


Peddling, 


1 


2 




1 


4 




3 








Robbery, 


1 


2 






3 




3 








Disturbing Public Worship, 




2 


1 




3 


•1 


2 






*Case of a 
complaint to 


Burglary in 2d Degree, 




8 






8 




8 






a magistrate) 
quashed on 
motion. 


Felonious Assault, 




5 






5 


*1 


3 




1 


♦Acquitted 
by reason of 


Escape from House of Cor- 




















Insanity. 


rection, 




13 






13 




11 


1 


1 




Rape, 




1 






1 








1 




Accessory to a Felony, 




5 






5 


1 


1 




3 




Blasphemy, 




1 






1 








1 




Sodomy, 




1 






1 


1 










Procuring Abortion, 




1 






1 


1 
23 


205 


11 


70 




Total, 


100 


196 


15 


07 


376 




Attachments, 










5 












Actions of Debt on Recogni- 






















zance, 










10 












Total Cases on this Abstract, 










391 












Deduct Cases pending at date 
of last Report, 










100 












Total new Cases since last 






















Report, 










291 













36 ATTORNEY GENERAL'S REPORT. [Jan. 



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. 


1 




for 


6 years. 




1 


7 




u 


5 " 




7 


3 




(( 


4 " 




O 


7 




IC 


3 « 




7 


2 




(< 


2 » 




3 


13 




C( 


1 " 




13 


1 




(( 


18 months. 




1 


34 j 


' ind 


viduals 


sentences } 


35 




sentenced. 


passed. 


5 





1839.] SENATE— No. 3. 37 



ABSTRACT OF THE REPORT 



SAMUEL D. PAfiKEti, ESQ. 



ATTORNEY FOR THE COMMONWEALTH FOR THE 



COUNTY OF SUFFOLK. 



33 ATTORNEY GENERAL'S REPORT. [Jan, 





Cases to be disposed of. 


How disposed of. 




CAUSES OF COMPLAINT. 


O 
0) 

eS . 

01 O 
j= P. 

p 

a 
a> 
Oh 


3 


i 3 ira 
a, o 


"a 
o 
Eh 


X 

5 

'a 

— 
o 
< 


.2 

> 

c 
o 


*a 

— 

co 



— 

"3 
2 


£ 

a 
o 


REMARKS. 


Adultery, 


2 


3 




1 


5 




1 




3 




Sodomy, 




1 






1 




1 








Lewdness, 




3 




1 


4 




2 




1 




Houses of 111 Fame, 


1 


27 




2 


30 


2 


21 


2 


3 




Bigamy, 




2 






2 




1 




1 




Violating License Law, 




3 


2 


1 


6 


2 


3 








Ditto Law against Gaming, 




3 


1 


1 


5 


2 


2 








Ditto Lottery Law, 




3 




2 


5 




3 








Ditto Wooden Building Law, 




1 




1 


2 








1 




Frauds, 


5 


12 




7 


24 


4 


3 


3 


7 




Forgery and Passing Coun- 
terfeit Bills, 


2 


28 




1 


31 


4 


25 




1 




Riot, 


1 


1 






2 




1 




1 




Perjury and Subornation of 
Perjury, 




13 




17 


30 


2 


7 




4 




Kidnapping, 




2 






2 




2 








Libel, 




2 




1 


3 






1 


1 




Larceny, 


2 


190 




9 


201 


12 


151 


1 


2? 


1 abated by 
death of de- 


Receiving Stolen Goods, 




9 




1 


10 




8 




1 


fendant. 


Embezzlement, 




4 




13 


17 


1 




1 


2 




Burglary, 




3 






3 




2 


1 






Assault and Battery, 


2 


47 




5 


54 


4 


44 




1 




Felonious Assault, 




3 






2 




2 









1839.] 



SENATE— No. 3. 



39 





Cases to be disposed of. 


How disposed of. 






O 




















CAUSES OF COMPLAINT. 


a o 
JS P- 


















REMARKS. 




'■5 
S 

Oh 


as 

2 


£ 

99 

— 

< 


pq 

o 


3 
o 
H 


ID 

3 

'5 
— 

< 


GO 

s 
.2 
u 
'> 

a 
o 
O 




"5 
2 


s 






Official Misdemeanors, 




3 




10 13 


1 


2 








Other Misdemeanors, 








3 3 












Administering Unlawful Oaths, 








2 


a 












Escapes from House of Cor- 






















rection, 




4 




1 


5 




4 








Escape from Jail, 




1 






] 




1 








State Prison Convicts for Ad- 






















ditional Sentence, 




12 






12 




12 








Violating Conditional Pardon, 




3 






3 




2 






1 Dismissed 
hyM, C. for 


Attempt to commit Crime, 


15 


8 
389 


3 


79 


8 
486 


5 


3 






want of Ju- 
risdiction. 


Total, 


39 


303 


9 


54 


2 


Actions in Supreme Court, 










*3 












Appeals in Supreme Court, 










17 












Actions in Common Pleas, 










#47 










*On recogni- 
zances. 


Total Cases on this Abstract, 










553 












Deduct pending at date of last 






















Report, 










15 
538 













10 ATTORNEY GENERAL'S REPORT. [Jan. 



Of the foregoing persons convicted, there were passed sen- 
tences of confinement in the State Prison, by order 
of the Municipal Court : 



Sentences. 

6 
2 
S 
1 
7 
1 
19 
6 



7 years each. 

6 

5 

4 

3 " 

2 ys. 9 ins. 25 ds. 

2 years. 

1 year. 



And for periods in addition to existing sentences: 



for 
u 

a 
a 
a 



years. 
7 " 

1 " 

6 months. 

2 " 



In regard to some of the individuals appealing to the 
Supreme Court, these sentences were varied. 



1839.] SENATE— No. 3. 41 



ABSTRACT OF THE REPORT 



OF 



CHARLES H. WARREN, ESQ. 



ATTORNEY FOR THE COMMONWEALTH FOR THE 



SOUTHERN DISTRICT. 



42 ATTORNEY GENERAL'S REPORT. [Jan. 



BJWWjWj: ■--/-.-. i-t*-.— T-- ■■ — " '^.TT ' y*y"i«yj ,; J' - ?--' it_j ■ 


Cases to be disposf 


dof. 


How disposed of. 




CAUSES OF COMPLAINT. 


o i - 

£ 5 

c a, 

*■> -^ 
C3 ^ 










■i. 


CO 

C 
O 


T 
V 
i. 

O 


■a 


REMARKS. 




fee* 

t— re 




2, 


■/. 




5 


_o 


±L 


a 






•3 


w 


— 


3 


'a 


c 


a 


_o 


'- 






V 




C~ 


o 


o 


w 


o 


o 


5 






Ph 


cq 


< £ 


H 


< 


O 


y 


U 




Manslaughter, 




1 




1 


2 




1 








Burglary, 




1 




1 


2 




1 








Forgery, 




2 




1 


3 




2 








Perjury, 




2 




3 


5 


2 










Arson, 








1 


1 












Larceny, 




27 




13 


40 


1 


24 


2 






Adultery, 




4 






4 




4 








Lascivious Cohabitation, 




1 






1 




1 








On the License Law, 


42 


71 


12 


57 


182 


1 


8o 


15 


23 




Nuisance, 


17 


20 




15 


52 




15 


6 


10 




Fornication, 




4 




1 


5 




4 








Law of the Road, 


1 








1 








1 




Selling Unwholesome Provis- 






















ions, 


1 








1 






1 






On the Gaming Law, 




1 






1 




1 








Malicious Mischief, 




3 


2 


1 


6 




3 


2 






Open Gross Lewdness, 




3 






3 




3 








Riot, 




1 






1 




1 








Cruelty to Animals, 




1 






1 




1 








Assault and Battery, 




8 


5 


3 


16 




11 


2 






Escape from Prison, 








] 


1 












Drunkenness, 






3 




3 






1 


2 





839.] 



SENATE— No. 3. 



43 



CAUSES OF COMPLAINT. 



Embezzling, 

Extortion, 

Libel, 

Profane Cursing and Swear- 
ing, 

Breach of Sabbath, 

Peddling, 

Disturbance of Religious Meet- 
ing, 

Official Misdemeanor, 
Refusing to aid an Officer, 
On School Law, 
On Laws regulating Fisheries, 

Writs of Scire Facias, 



Deduct Cases pending at date 
of last Report, 

Total new Cases since last 
Report, 



Cases to be disposed of. 



» 3 



pq 



How disposed of. 



66 



156 



— a 



<\ W 






IU0344 

! 14 



358 
66 



292 



5161 



1 

a 

*;« 45 



* This column includes many cases where costs of prosecution were paid by defendants, and all 
eases in which the proceedings before Justices were quashed, after appeal. 



44 ATTORNEY GENERAL'S REPORT. [Jan. 



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



1 


for 


5 years. 


2 


IC 


4 « 


2 


a 


2 " 


3 


a 


1J « 


7 


a 


1 st 



15 



1839.] SENATE— No. 3. 45 



ABSTRACT OF THE REPORT 



DANIEL WELLS, ESQ. 



ATTORNEY FOR THE COMMONWEALTH FOR THE 



WESTERN DISTRICT. 



46 ATTORNEY GENERAL'S REPORT. [Jan. 





Cases to be disposed of. 


How disposed of. 




- 


o 




















CAUSES OF COMPLAINT. 


a> 3 

-o c 

♦- « 

~P3 
a " 

a 
Ph 


an 

3 


X 

5 

c 
c 


'2 

z 


o 

Eh 


■/'. 

3 

1 

< 


o3 

.2 
t5 

*> 
s 
o 
O 


5- 

/. 

p 

"c 


13 

O 


REMARKS. 


Assault and Battery, 


1 


22 1 


G 


SO 




20 


2 


2 




Larceny, 


4 


20 


o 


3 


30 


1 


13 


4 


! 




Receiving Stolen Goods, 




1 






1 






1 






Nuisance, 


6 


10 




1! 


30 


3 


3 




10 




License Law, 


4 


16 


3 


1 


24 




9 


#4 


10 


*3 paying 
costs. 


Perjury, 


2 








2 




2 






Reversed in 
S. J. C. 


Adultery, 




4 






4 


1 


1 




2 




Felonious Assault, 




4 






4 




1 




3 




Cruelty to Animals, 




1 






1 




1 








Breaking Jail, 




2 






2 




1 




1 




Lord's Day Act, 




1 






1 








1 




Illegal Voting, 




1 




2 


3 




1 








Malicious Mischief, 




1 




2 


3 






1 






Official Misdemeanors, 




3 


1 




4 




1 




3 


1 Trial— Jury 
did not agiee. 


Peddling, 




2 






2 




2 








Embezzlement, 




1 






1 


1 










Extortion, 








1 


1 












Riot, 




2 






2 




2 








Drunkenness, 




2 






2 




2 








Forgery, 




2 






2 








2 


L Defendant 
broke jail. 


Lascivious Cohabitation, 


1 


1 






I 1 




1 









1859.] 



SENATE— No. 3. 



47 





Cases to be disposed of. 


How disposed of 


j 




O 








1 








! 






0) 




















CAUSES OF COMPLAINT. 


-_ o 

-= a 
** <u 

B "^ 
fc£ to 

s _s 

'8'"* 

a 

V 


s 


— 
— 

< 


TO 

o 

to 


o 


'5 
— 

< 


CO 

S 

s 

■> 
a 

o 
O 


p 
2 


— ' 

= 


- 


REMARKS. 


Rape, 
Trespass, 




1 
1 






1 
1 




1 






Capiti] case : 
carried lo S. 
C— Not yet 
tried there. 










— 


— 





— 




— 






17 


98 


8 


29 


152 


G 


61 


1243 




Laid on File, 


18 




















On last Report, 


35 




















Old Cases, 










17 












New Cases, 


i 




1 




135 













48 ATTORNEY GENERAL'S REPORT. [Jan. 



Of the foregoing persons convicted, there were sent to the 
State Prison : 



1 


for 


6 years. 


1 


u 


5 « 


3 


(t 


3 « 


1 


u 


2 " 


4 


(( 


1 a 



1839.] SENATE— No. 3. 49 



ABSTRACT OF THE REPORT 



or 



PLINY MERRICK, ESQ. 



ATTORNEY FOR THE COMMONWEALTH FOR THE 



MIDDLE DISTRICT. 



50 ATTORNEY GENERAL'S REPORT. [Jan. 





Cases to be disposed of. 


How disposed of. 






O 
» 




















CAUSES OF COMPLAINT. 


CD O 

— — 

tC CD 




CO 


.2 




CD 


CO 

c 
.2 


- 

1 


— 

- 


REMARKS. 




~z ~ 


CD 


O 25 


]| 


'5 
cr 


= = 


'- 






s 


3 1 


o 


u 


o o 


3 






Oh 


pq 


< 


^ 


H 


< 


O * 


o 




Murder, 








1 


1 












Manslaughter, 








1 


1 












Nuisance, 


15 


9 




Ifi 


40 




13 




11 




Bigamy, 








1 


1 












Violation of Lord's Day, 








2 


2 












Disturbing Public Worship, 








2 


2 












Riot, 








1 


1 












Selling Unproved Fire Arms, 


1 








1 






1 






Larceny, 


2 


38 


1 


12 


53 


1 


32 


1 


7 




Forgery and Counterfeiting, 


3 


9 




1 


13 


1 


6 


2 


3 




Malicious Mischief, 


1 


3 




1 


5 


1 


1 


1 


1 




Lewdness and Lascivious Co- 






















habitation, 


1 


1 




2 


4 




1 




1 




Violation of License Law, 


6 


45 


11 


28 


90 


4 


45 


2 


11 




Assault and Battery, 


5 


7 




4 


16 


1 


7 




4 




Perjury, 


1 


2 




3 


6 






2 


1 




Blasphemy, 


1 








1 






1 






Common Drunkenness, 


1 




3 




4 




2 


1 


1 




Adultery and Fornication, 




4 




3 


7 




3 


1 




Escape, 




3 




1 


4 




3 








Arson, 2d degree, 




1 






1 




1 








Robbery, 2d degree, 




1 






1 




1 









1839.] 



SENATE— No. 3. 



51 





Cases to be disposed of. 


flow disposed of. 




CAUSES OF COMPLAINT. 


O 
0> 

0) o 

J3 a, 

** D 

bow 

.3 — 
'•& 

3 


_2 


to Jj£ 

E o 


"3 
o 


DO 

B 

"3 

— 

< 


© 

> 

s 
o 

o 


"3 

— 
to 

'ft 


• 

55 


"3 

o 


REMARKS. 


Burglary, 




1 






1 


1 






Cheating, 


1 


8 




8 


17 


1 


3 


1 


4 




Official Misdemeanor, 


1 




5 


6 




1 








Embezzlement, 


3 




1 


4 








3 




Elegal Voting, 




1 






1 








1 




Concealing Death of Uastard 
Child, 




1 






1 




1 








Conspiracy, 




1 






1 








1 




Extortion, 




1 






1 


9 


1 

122 


12 


50 
11 




Writs of Scire Facias, 


38 


140 


15 


93 


286 
25 


Cases where- 
in defendants 


Total Cases on this Abstract, 

Deduct Cases pending at last 
Report, 










311 

38 








39 


have abscon- 
ded, nnd will 
ijrobably not 
be arrested. 


Total new Cases since last 
Report, 










273 













52 ATTORNEY GENERAL'S REPORT. [Jan.] 839. 



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



2 

2 
1 

2 
5 
4 
2 
6 



for 



Life. 

7 years. 

5 

4 

3 

2 

14 
i 



24 persons sentenced to ^ 
the State Prison. 5 



m 



H 



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