Report of the attorney general for the year ending ..

SENATE.... ....No. 20.

THE

ATTORNEY GENERAL'S

ANNUAL REPORT 1842.

PART I.

7 1888

I

Jan. 1842.] SENATE— No. 20.— PART I.

CommonUjtalt!) of jHiifiijsaciiuscu^^

ATTORNEY GENERAL'S REPORT— PART I.

Under the requisition of the 157th chapter of the laws of
the year 1839, the Attorney General most respect-
fully submits to the Legislature the following

R E P O [I T .

Few circumstances have occurred during the past year,
in the administration of the criminal law, which demand
the attention of the gov^ernment ; but this very fact, it is be-
lieved, will not be without interest, as the absolute perfec-
tion of the criminal system would be best shown by its
having nothing to do. Whenever the terror of the law
shall prevent crime, it will have accomplished a better ob-
ject than to punish it. But crime is to be restrained by
two operating powers ; one is the moral principle, which
controls the inclination ; the other is that certainty of pun-
ishment, which demonstrates its inexpediency. An ap-
proximation to a state of society in which their united
force shall be perfectly effectual, is the utmost that history
or experience encourages.

4 ATTORNEY GENERAL'S REPORT. [Jan.

Too much is not claimed for the people of this Com-
monwealth, by saying that both these powers are brought
into salutary union, with great success.

It is not perhaps very easy to trace their separate bear-
ing, yet some knowledge of their details is required for a
wise legislation ; that the power of the government may
be judiciously applied to the instruction or the fears of
those, who are most liable to temptation. It is for this
purpose chiefly that the " statistics of crime," which have
been for the last nine years collected and arranged, at
some labor and expense, may be deemed worth what is
expended in obtaining them.

That there is a reciprocal action between the laws and
the intelligence of a people, is an admitted maxim of po-
litical science, and it is especially true in a government
where the laws are the result of the moral and intellectual
condition of the community.

It is believed that crimes of violence perpetrated felo-
niously upon the person, which are of frequent occurrence
in a rude and comparatively uneducated community, have
decreased in this Commonwealth. No instance of hired
assassination is on record during the period of these re-
ports, nor is any case supposed to have existed. Personal
collisions with dangerous weapons, growing out ol indi-
vidual controversy, are unknown ; and that more deliberate
mode of murder with malice prepense, which is encouraged
by an artificial refinement of society, has in no instance
within that period been the subject of judicial animad-
version.

The restraint upon the passions of mankind — which
elsewhere break out in fearful paroxysms — is with us
mainly the result of public sentiment and moral feelings,
cultivated by education and enforced by law ; yet the

1842.] SENATE— No. 20.— PART I. 5

share in this result attributed to the law is effected quite
as much by its indirect operation on the general sentiment
of the community as by its actual administration in courts
of justice.

One other offence of felonious personal violence offered
to the female sex, is of more common occurrence ; not
indeed because it meets with less general abhorrence, but
because it is usually preceded by indulgences, which in-
flame the passions and cloud the judgment ; and because,
too, from difficulties incident to a due administration of the
law, it is more likely to escape with impunity.

In relation to the whole subject of that class of crimes
feloniously affecting the life or the dearest rights of the
citizen, it is believed our statistics of crime offer great
reason to be grateful for the state of society in the Com-
monwealth. A high tone of moral feeling pervades the
community, which comes in aid of the law, although its
efficiency is undoubtedly impaired by an increasing belief
in the public mind that its penalties are needlessly severe.

Whether the punishment of death should be abolished
in any of the few cases to which it is now applied, has
often been a subject of legislative inquiry. It does not
belong to me to enter upon an argument that is nearly
exhausted ; but I deem it within my province in this con-
nection, respectfully to submit to the Legislature a humble
opinion, that in the present state of society it is no longer
an abstract question, whether capital punishment is right,
but whether it be practicable ; and that there is good rea-
son to believe that punishment for crime would more cer-
tainly follow its commission, if the Legislature should fur-
ther abrogate the penalty of death.

As the law now stands in this respect, its efficiency is
mostly in its threatenings ; but the terror of a trial is

6 ATTORNEY GENERAL'S REPORT. [Jan.

diminishing, and the culprit finds his impunity in the se-
verity which it denounces.

Undoubtedly a change in this respect would require
corresponding alterations in the details of criminal juris-
prudence ; and it is respectfully submitted that in such
event, all cases which now are, or for some years past
have been punishable with death, in fact all cases to which
the extreme punishment of the law, — in whatever it ex-
ists,— may be applied, should be tried in the highest court
of the State. No objections derived from economy,
convenience, the pressure of other business, or any other
source whatever, appear to me of the slightest moment in
comparison with the high public interests, both as regards
humanity and justice, which are involved in judicial pro-
ceedings of this description.

Another great class of crimes affecting the rights of
property, without violence, but by fraud, chicanery and bad
faith, appear in a less favorable aspect, not merely in the
records of courts, but through such other channels of in-
formation as show they very often escape judicial inquiry.

It cannot be said that these offences are not severely
rebuked by public opinion ; but the question presents it-
self with some apprehension, whether there is that sensi-
bility upon this subject in the public mind which is the
best security for the enforcement of public law.

Low" and vulgar theft is as disgraceful as ever. The
petty felon is without difficulty pursued and confined in
the house of correction ; but the fraudulent trustee of the
fortunes of confiding citizens — the unfaithful director of
monied institutions — the subordinate agents who convert
to their own use the property under their charge — and
those more guilty participators in crime who incite, en-
courage and abet the commission of it, too frequently are
allowed to pass without our special wonder.

1842.] SENATE— No. 20.— PART 1. 7

A remedj for these evils is not to be found by any
change of the criminal law, which is already adequate for
its purpose, but in a better state of the public mind, which
flagrant acts elsewhere have somewhat demoralized, and
which should be taught to consider the felon, who de-
mands with pistol in hand the money of the traveller on
the highway, and the speculator who covertly takes it
from the widow and orphan by subterfuge and fraud,
as on an equality in infamy.

The statistics of crime present the course of proceeding
in reference to another class of offences having reference
to public police, about which opinion is greatly divided,
and the law, as a necessary consequence, constantly fluc-
tuating ; whereby much expense is incurred with little
good eflect. The most prominent in this class relates to
the sale of spirituous liquors.

1 do not presume to make the most distant suggestion
of an opinion as to the policy of the past or existing laws,
which is exclusively with the Legislature. 1 confine
myself in this report entirely to a consideration of the
" economical administration of the criminal law " enjoined
upon me by the statute under which it is made ; and in so
doing I ask permission most respectfully to add, that
wherever a criminal law is at variance with public opinion,
whether that opinion be right or wrong, it is almost impos-
sible— with the present judicial force — to carry it into
effect. An attempt to enforce such a law creates great
expenses — fails in the result — and diminishes the respec-
tability of the judicial power. This position is apparent
in cases under the license laws. There are now standing
on the docket of the Municipal Court for the city of Bos-
ton, sixty-three cases of this- description, for which the
past year has allowed no opportunity of trial ; and there

B ATTORNEY GENERAL'S REPORT. [Jan.

would now be eleven more, if this number of defendants
had not made a voluntary compromise with the govern-
ment and virtually received an equivalent to a pardon.

When a course of prosecutions is strongly against the
public sentiment, jurors, who partake of that sentiment to
a greater or less degree, do not return a verdict. Time is
wanting for an investigation of the cases according to the
theory of judicial trials, and exceptions are honestly
taken, by men under oath, which startle a common ob-
server.

Under a conscientious belief that the law must be exe-
cuted, and in the absence of usual facilities for obtaining
proof of guilt, very doubtful means of procuring evidence
will be resorted to, and encouragement given by example,
for retaliation on the part of the persons prosecuted,
whereby the peace of society, and what is of more conse-
quence, the moral character of the community, is more
deteriorated by the trial than the offence.

It is not a matter of doubt, though perhaps not suscep-
tible of legal proof, that during the progress of some of
these trials, much more liquor has been illegally sold in
the purlieus of the court-house, than the accused party had
in his shop.

Under these circumstances, a conviction of the party on
trial has no effect beyond the individual convicted. There
is no impression upon the public mind, and no warning to
others in like case offending. He is looked upon as unfor-
tunate in being detected, and nothing but the insignificance
of the penalty prevents his being glorified as a martyr.

The power of criminal law in a popular government,
administered, as wisely it is, by the sacred institution of
a jury, is wholly inefficient upon great classes of men, or
the larger interests of society, unless it is sustained by a

1842.] SENATE— No. 20— PART I. 9

strong and very obvious propriety, and by a moral senti-
ment w^hich it would be disgraceful to oppose.

Very few, probably none of the above-mentioned sixty-
three defendants, would expose himself to a criminal prose-
cution, for an act, which in the general opinion of the
community, would disgracefully affect his moral character.
In cases of this description, however, there are found those
who feel no disgrace in being suspected, accused and con-
victed by every body but an incredulous jury, and who
think a war of evasion, subterfuge, equivocation and man-
agement, no subject of reproach.

If therefore it shall be the pleasure of the Legislature
to continue the present penal enactments in these cases,
it is respectfully submitted, that it is worthy of considera-
tion whether the " proper and economical administration
of the criminal law " in this behalf, does not require a
more efficient mode of procuring evidence — a stronger
judicial force — and some provision for bringing to a defi-
nite decision, how far the question of the constitutionality
of these laws — about which it is believed no judge and no
lawyer has the slightest doubt — is an open one before
every jury of trials.

I beg leave to add that no exertion has been wanting
by the prosecuting officers in the various cases under their
control, and having myself never entertained the least
doubt of the perfect constitutionality of the acts of the
Legislature, I have not failed, when it has been my prov-
ince to take charge of any of these cases, to endeavor, to
the utmost of my power, to sustain the supremacy of the
law. I am happy to say that in all instances it has been
sustained by the courts.

The provisions of the constitution and laws of the Uni-
ted States, regarding fugitives from justice, and those of
2

10 ATTORNEY GENERAL'S REPORT. [Jan.

the Revised Statutes of this Commonwealth in the same
connection, are becoming subjects of practical interest,
both as it regards the security of the citizen, the arrest of
criminals, and the expenses of public justice.

These cases have greatly multiplied, and one obvious
cause of this increased action is the facility of intercom-
munication. Another cause, is a disposition here and in
other states to coerce the payment of a civil debt through
the instrumentality of a criminal prosecution for obtaining
goods by false pretences. Many arrests, Vi^hich formerly
vrould be made by the ordinary process of the local mag-
istrate, now require the process of the executive.

The requisitions, proceeding from this Commonwealth,
can be regulated by a wise discretion, although there is
often a collision between the wishes of individuals and the
duties of the public ; but those from other states of the
Union, in cases to which they constitutionally apply, are
peremptory.

The nature of an executive requisition from another
state, and the resistless operation of the warrant issued
upon it by the executive of this Commonwealth, has not
until very lately been the subject of much consideration,
partly because of their infrequency, and partly because
they had heretofore mostly related to notorious offenders,
of whom something had been usually known by our police
before the requisition arrived.

But with modern changes the matter assumes a new
aspect. A messenger arrives here with papers from the
executive of another State, and it may be a distant State,
prepared in due form, demanding the authority of the gov-
ernor to seize and carry off for trial on suspicion, but with-
out preliminary examination, one of our own citizens, at
home with his family, and wholly unsuspected of any crime
by his neighbors.

1842.] SENATE— No. 20.— PART I. 11

If a warrant is in consequence issued from the execu-
tive department, the accused party may be arrested with-
out notice, and is liable to be forthwith transported, with-
out bail, in the custody of an officer, to the State whence
the requisition issued : there, at a distance from friends,
witnesses, or counsel, to answer to the accusation.

It is very possible that great injustice and wrong may
be the consequence. So many impositions have been de-
tected, where application has been made here, that it may
be fairly suspected a like contrivance is sometimes prac-
tised abroad.

Great care has therefore been bestowed during the past
year on these processes, and wherever it has been possible,
advantage has been taken of the provision of our laws, to
give the supposed fugitive the benefit of a preliminary ex-
amination before a magistrate. Experience admonishes
us of the necessity of yet greater vigilance.

In this intercommunication between the States, import-
ant and delicate questions have also arisen, both here and
elsewhere, and may again arise, of a perplexing and intri-
cate nature.

I have great satisfaction in reporting to the Legislature
that thus far no serious difficulty has occurred in the man-
agement of this business ; but while I am sensible that it
is of a very serious character, 1 am not able to suggest any
better guards for its due and necessary exercise, than
those which are already in force.

The civil law-business of the Commonwealth exclusively
confided to the Attorney General, has received that atten-
tion which its various increasing and responsible duties
require.

During the past year, the last bond of the Western
Rail-road Corporation for ^400,000, prepared, as required

n ATTORNEY GENERAL'S REPORT. [Jan.

by the Legislature, under my direction, has been examined
and approved ; thus completing a professional responsi-
bility for the validity of that series of legal instruments,
by which the sum of ^4,850,000 is secured to the Com-
monwealth. I had the honor, in a former report, to sub-
mit some remarks on the legal character of these securities,
and while I feel a becoming pride in the confidence
which the Legislature is pleased to confide in me, touching
the great interests of the Commonwealth in this matter, it
would be highly gratifying to me, and as 1 think satisfac-
tory to the government, that the conveyances so prepared
should now be submitted to a revision by such committee
as may be appointed for that purpose, not merely that the
legal character of the conveyances may be understood,
and that errors, if any have occurred, may be corrected,
but that it may be seen whether any legislation is needed
in the possible contingency of a breach in the condition,
or a suit on any of the bonds.

An effort has been made during the past year, under
the direction of the treasurer, to obtain payment of the
principal or interest or both on the outstanding notes re-
maining in the treasury, principally given for lands in
Maine, with what partial success appears in the treasurer's
accounts. Thus far no suits at law have been commenced.
In many cases there are questions of equity and sometimes
of right, for the decision of which the debtors have been
referred to the Legislature. In others, it is supposed the
best interests of the Commonwealth would be promoted
by cancelling the contract and reselling the land. Further
legal proceedings, if any shall be deemed necessary, will
require some action on the part of the Legislature, as most
of the debtors are residents in other States.

It is made the duty of the Attorney General, under the

1842.] SENATE— No. 20.— PART 1. 13

act for obtaining statistics of crime, to prepare from th(;
reports of the several prosecuting officers, police courts,
and clerks of judicial courts, such abstracts and tabular
statements as will show the nature and extent of crime in
this Commonwealth. These have been prepared, and
form the second part of this report.

It cannot fail to be a subject of great satisfaction, that
in regard to the nature of crime, they confirm the remark
that the Commonwealth has been comparatively free from
the more atrocious instances of its violence. Although, of
the cases still considered capital, seven have during the
past year been brought under the official charge of the At-
torney General, no one has resulted in a judgment of death.
The whole number of cases in the several counties — with
the exception of Suffolk — has diminished, and the charac-
ter of those brought under judicial animadversion, however
painful in their details, is still decidedly of a milder type
than in former years.

An examination of the official reports shows that a vast
proportion of the whole criminal calendar of the Com-
monwealth is the direct or indirect consequence of intem-
perance, and that the numerical diminution of cases may
be justly attributed to the gradual diminution of this pro-
lific cause ; while the opposition, in court and out of court,
that is made to the laws in this respect, and the impunity
that is partially obtained by the inefficiency of the judi-
cial power promptly to try and decide the cases that are
presented, consistently with its other imperative duties,
teach us that the more favorable condition of the commu-
nity is owing more to the increasing intelligence and vir-
tue of the public mind under the influence of philan-
thropic exertion, than to the terror or actual infliction of
penal law.

14 ATTORNEY GENERAL'S REPORT. [Jan. '42.

It will be observed that by the form of the abstracts and
tables, as required by the statute, for the purpose of giv-
ing a view of the nature and number of offences, cases
that are carried from the lower to the supreme court, and
either as questions of law or fact are twice tried, are of
course only once enumerated. This excludes of course
all those revisions of the proceedings below on exceptions
or writs of error which devolve on the Attorney General
by the special provisions of the statutes, and are to be
found only in the judicial reports.

Respectfully submitted by

JAMES T. AUSTIN,

Attorney General.

THE

ATTORNEY GENERAL'S

ANNUAL REPORT 1842.

PART II.

1842.] SENATE— No. 20.— PART II. 17

eowmontotaltn of M^^^^tfiumttn.

ATTORNEY GENERAL'S REPORT-PART II.

This Part contains the abstracts and tabular statements
presenting the statistics of crime for the year 1 841 .

Tables I to XIII shew the number of prosecutions,
their causes and results, prosecuted by the local officers in
the several counties of the Commonwealth.

Table XIV shews the aggregate of cases of crime in
the Municipal Court, Courts of Common Pleas and Su-
preme Judicial Court.

Table XV shews the number of cases in the several
Police Courts, and before the Justices of the Peace in the
several counties — noting those of final jurisdiction and
their result.

Table XVI shews the amount of costs taxed in the
Municipal Court in Suffolk, for criminal cases in the year
1841.

Table XVII shews the amount of costs taxed in the
Police Court of the city of Boston, in cases terminated in
said court during the year 1841.

Xa ATTORNEY GENERAL'S REPORT. [Jan.

Table XVIII shews the amount of fines and costs re-
ceived in said court on cases terminated therein during
the year 1841.

Table XIX shews tlie number of convicts sentenced by
the Judicial Courts during the year 1841 to imprisonment
in the State Prison — the crime for which they were pun-
ished, and the duration of their confinement.

To this table is added a note concerning an interpola-
tion made in the corresponding table in the report of the
Attorney General the last year, after it was delivered to the
printers, and without his knowledge, materially affecting
its statements.

1842.]

senate—No. 20.— part ii.

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SENATE— No. 20.— PART II.

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34 ATTORNEY GENERAL'S REPORT. [Jan.

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1842.]

SENATE— No. 20.— PART II.

35

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iz;

m ATTORNEY GENERAL'S REPORT. [Jan.

Table XVI. — Sheioing the amount of Costs taxed in the Mu-
nicipal Court, in the year 1841, as per special and general
Bills.

MoTith.

Amount

of special Bill,

Costs.

Monthly Costs.

Total Costs.

January,

459 77

((

^< general ^'

250 14

709 91

February,

(C

" special "

770 53

«

" general "

364 32

1134 8§

March,

((

" special "

775 76

((

" general "

223 82

999 58

April,

((

^^ special "

632 96

((

" general "

215 16

848 12

May,

ct

" special "

573 83

((

" general «

216 34

790 17

June,

((

" special "

480 43

((

" general "

245 38

725 81

July,

((

« special "

517 64

(C

" general "

148 45

666 09

August,

<(

" special "

773 96

u

" general "

306 15

1080 11

September,

u

" special "

794 19

«

" general "

326 92

1121 11

October,

«

" special "

738 91

((

" general "

393 73

1132 64

November,

((

^' sjjecial ^'

449 75

((

« geperal *' -

297 91

747 66

December,

((

" special "

794 27

«

" general "

368 47

1162 74

■V

$11,118 79

Amount of allowance on peution Ocean and Povvow |liver Banks, $200 00
" " " Ezra Ames, - - - - 8 00

" " " Jewett «fc Prescott, - - - 22 00

Total amount of special bills,
" " " general «

$7762 00
3356 79

$11,118 79

$230 00

1842.] SENATE— No. 20.— PART II.

37

Table XVII. — Shelving an Abstract of Bills of Cost taxed
- on cases terminated in the Police Court of the City of Bos-
ton, in the year 1841.

1st January to 31st
March, inc.

Deduct for cases un-
der By-Laws,

1st April to 30th
June, inc.

Deduct for cases un-
der By-Laws,

1st July to 30th Sep-
tember, inc.

Deduct for cases un-
der By-Laws,

1st October to 31st
December inc. -

Deduct for cases un-
der By-Laws,

Total, (1841,)

Officers'

Fees.

$467 91
16 21

451 70

448 60
12 99

435 61

513 13

14 30

498 83

462 78

21 76
441 02

1827 16

Assist-
ants' Court Fees,
Fees.

Witnesses', Amounts.
Fees. I

Amount
cli.irged to
Com. Mass.

$4 50 1 $666 30 $304 92 $1443 63

33 50

4 50 632 80

22 62 646 90

26 55

22 62: 620 35

4 23 726 05

33 00

4 23

25

25

31 60

693 05

666 20

45 35
620 85

2567 05

7 56: 57 27

297 36

289 84 1407 96

8 10' 47 64

281 74

358 12

1601 53

10 26 57 56

$1386 36

1360 32

347 86

328 22

16 74
311 48

1238 44

1457 45

83 85

1543 97

1373 60

5664 25

38 ATTORNEY GENERAL'S REPORT. [Jan.

Table XYIII, — Shewing an Abstract of Fines, Costs, &cc. re-
ceived on Cases terminated in the Police Court of the City
of Boston, in the year 1841.

Fines.

Costs.

Fees.

Amount.

Amount to be

credited to
Com. of Mass.

1st January to 31st March,
inc. - - - -

Deduct for cases under By-
Laws, - - - -

$358 00
55 00

$369 36
47 89

$19 10

$746 46
102 89

$643 57

303 00

321 47

19 10

746 17

48 84

1st April to 30th June,
inc. . - - _

Deduct for cases under By-
Laws, - - - -

339 45
20 00

385 80

28 84

20 92

697 33

319 45

356 96

20 92

901 67

82 39

1st July to 30th September,
inc. _ . . -

Deduct for cases under By-
Laws, - - - -

385 26
30 00

499 91
52 39

16 50

819 28

355 26

447 52

16 50

717 38
103 48

1st October to 31st Decem-
ber, inc. - - -

Deduct for cases under By-
Laws, - - - -

264 83

44 00

435 15

59 48

17 40

61. "^ Qn

220 83

375 67

17 40

1198 54

1501 62

73 92

2774 08

1842.]

SENATE— No. 20.— PART II.

39

Table XIX. — Shewing the number of Convicts sentenced by
the several Judicial Courts, to confinement in the State Pri-
son, during the year 1841 ; the Counties whence they were
sent ; the Crim,cs for lohich they were punished, and the du-
ration of their Confinement. — See Note at the end of the
liable.

SUFFOLK.

No

Court pass

Perm of

CRIME.

Whe

n

Duration

of Sen-

Prison- |

ing Judg-

Court.

Kecei

ved.

teuce.

er

i.

ment.

1841 !

No.

1,

M. C.

Jan.

Larceny, _ - . Jan.

15,

5 ds. & 3 ys.

«

2,

(C

((

Common and Notorious

Thief;

(C

15,

5

((

3 «

<(

3,

((

Feb.

Larceny, _ _ .

Feb.

6,10

(C

2 «

((

4,

I(

((

Six Larcenies,

K

6,| 5

((

7 «

((

5,

((

(C

Assault with intent to

Murder, _ _ _

((

23,

5

«

7 «

u

G,

((

Mar.

Three Indict's — Counter-
f'eitit)g Bank Bills, with

intent to pass the same,

Mar.

18, 7

((

5 «

(t

7,

((

<(

Arson, 2d degree — Recei-
ving Stolen Goods and
three Indictments for

Larceny, - - -

(t

18,25

i(

17 «

((

8,

((

April,

Stealing iiom the person.

April

15,

10

«

3 "

((

9,

(i

((

Do. do. do.

u

20,

5

((

2 «

«

10,

«

May,

Larceny, . - -

May

8,

5

«

1 "

«

11,

«

a

Do. ...

(1

25,

5

((

2 *'

(C

12,

S. J. c.

June,

Manslaughter, - - June

24,

5

({

10 "

((

13,

M. C.

July,

Stealing from the person.

July

10,

5

u

2 "

((

14,

((

<(

Common and Notorious

Thief,

((

10,

5

(C

4 "

u

15,

(i

a

Store Breaking and Lar-

ceny, - . - -

((

12,

10

<c

15 "

M

16,

(C

Auj:.

Cheating by false preten-

ces, - - - -

Aug.

16,

3

((

2 "

((

17,

u

((

Stealing, . - -

((

16,

5

((

4 «

l(

18,

(C

u

Cheating by false preten-

ces, - - . -

((

25,

5

((

4 «

«

19,

((

Sept.

Assault and Robbery, -

Sept.

11,

5

(i

7 «

((

20,

(C

«

Larceny, _ - -

(E

11,

5

i(

2 «

<(

21,

u

a

Stealing from the person,

((

18,

5

(1

U"

«

22,

K

11

Highway Robbery — 2d
degree, - - -

a

18,

5

u

10 «

<(

23

((

«

Do. do. do.

<(

28,

5

<t

5 «

((

24

«

Oct

Larceny, . . -

Oct.

16,

5

«

2 «

40 ATTORNEY GENERAL'S REPORT. [Jan.

SVFFOhK—Contmued.

No.
Prison-
ers.

Court pass-
ing Judg-
ment.

Term of
Court.

CRIME.

VVlien
Received.

Duration of Sen-
tence.

No. 25,

" 26,
« 27,

« 28,

M. C.

(C

Oct.
Dec.

Larceny, - _ _
Adultery, ...
Larceny, - - _
Larceny and Stealing, -

1841
Oct. 16,

" 23,
Dec. 20,

" 20,

5 ds. & 2 ys.

3 " 2 «

11 « 3 "

8 " 3 "

MIDDLESEX.

No. 1,

C. P. C.

Feb.

Larceny, ...

Feb.

17,

2di

3. & 2 ys

« 2,

a

(i

Do. ...

<(

17,

1

'= 1 "

« 3,

(I

(C

Burglary, ...

a

17,

2

« 5 «

" 4,

u

June,

Larceny, ...

July

3,

1

« 1 «

" 5,

((

((

Do. ...

((

3,

1

K 2 "

" 6,

a

Oct.

Do. ...

Oct.

29,

1

(( 2 "

" 7,

it

(1

Lewd and Lascivious Co-
habitation, - . -

((

29,

1

« 2 «

" 8,

(C

u

Bigamy,

(C

29,

1

« 3 «

" i),

((

((

Larceny, ...

(C

29,

1

« 2 «

WORCESTER.

No. 1,

c. p. c.

Jan.

Adultery, - . _

Feb.

2,

1

dy. & 1 yr.

« 2,

((

u

Four IndictHientsfor For-

gery, ... -

((

2,

6

((

5 «

" 3,

«

((

Burglary,

(1

2,

2

u

3 «

« 4,

ce

((

Larceny, ...

a

2,

3

li

4 "

« 5,

(C

((

Do.

11

2,

1

C(

1 «

" 6,

((

C(

Do. ...

a

2,

1

(<

1 «

« 7,

((

u

Burglary, Larceny, and

four Forgeries, -

a

2,

7

((

10 «

" 8,

(C

June,

Assault with intent to

conitnit Rape, -

June

8,

1

»

1 «

" 9,

((

It

Coinuion and Notorious

Thief,

((

8,

3

fC

7 "

" 10,

((

1837

Larceny, ...

11

8,

1

(C

1 «

" n,

((

Sept.

Common and Notorious

Thief,

July

2,

1

((

3 «

1841

« 12,

((

Oct.

Larceny, ...

Oct.

6,

1

li

1 «

HAMPDEN.

No. 1,
" 2,

C. P. C.

Feb.

Larceny, - - .
Do. ...

March 3.
« 3,

1 dy. & 1 yr.
1 « 1 «

1842.]

SENATE— No. 20.— PART II.

41

HAMPDEN— Cow^mwerf.

JVo.
Prison-

Court pass-
ing Judg-

Term of
Court.

CRIME.

When

Duration of Sen-

ers.

ment.

1841

No. 3,

c. p. c.

Feb.

Robbery, - - .

March 3.

X

dy. & 10 ys.

" 4,

«

((

Malicious Mischief,

" 3,

(( 2 "

" 5,

((

June,

Do. do. -

June 26,

« ]^ (C

" 6,

(C

((

Larceny, - . _

« 26,

« 2 "

« 7,

1(

((

Do. - - .

" 26,

it 2 "

« 8,

((

(I

Assault with intent to

Murder, - - .

" 26,

<( 2 "

" 9,

«

((

Larceny, - . _

« 26,

« 3 "

« 10,

•• ((

C(

Do. . - -

" 26,

« 2 «

" 11,

((

Oct.

Adultery, - - -

Oct. 23,

(( 2 u

" 12,

(I

«

Larceny, - . _

" 23,

((

2 «

" 13,

(I

((

Do. ...

« 23,

(C

1 "

" 14,

«

((

Forgery,

" 23,

((

3 «

« 15,

(1

a

Lewd and Lascivious Co-

habitation, - - -

" 23,

i(

1 «

« 16,

((

(I

Larceny, _ - .

« 23,

((

u «

" 17,

«

a

Do. ...

« 23,

« 2 ((

BERKSHIRE.

No. 1,

c. p. c.

Feb.

Common and Notorious

Thief and Larceny,

-

March 3,

1 dy. & 3 ys.

" 2,

((

a

Larceny,

-

" 3,

1 " 1 "

« 3,

((

»

Do.

_

" 3,

1 " 1 "

" 4,

M

«

Do.

-

« 3,

1 " 1 "

" 5,

((

June,

Do.

-

July 12,

1 " 3 "

" 6,

C(

((

Do.

_

" 12,

1 " 1 "

" 7,

((

((

Do.

-

« 12,

1 " 1 "

" 8,

((

((

Do.

-"

« 12.

1 " 1 "

« 9,

((

Oct.

Do.

-

Nov. 6,

1 " 1 "

« 10,

'(

u

Do.

-

" 6,

1 « 4 "

" 11,

((

(C

Do.

-

« 6,

1 « 1 «

BRISTOL.

No.

1,

C. P. C.

Mar.

«

2,

((

June,

a

3,

((

u

4,

11

u

5,

((

u

6,

M

a

7,

((

«

8,

((

Sept,

Larceny, . - - JMar.

Assault with intent to i

commit Rape, - - June
Adultery, - - " "
Forgery, - - - I "
Adultery, . _ -
Larceny,
Lewd and Lascivious

Cohabitation,
Larceny, - . -

18,

5,
22,
22,
22,
22,

« 22,
Sept. 21,

1 dy. & 1 yr.

42

ATTORNEY GENERAL'S REPORT. [Jan.

BRlSTOh— Continued.

No.
Prison-
era.

Court pass-
ing Judg-
ment.

Torm of
Court.

CRIME.

When
Received.

Duration of Sen-
tence.

1841 1

No. 9,
« 10,

c. p. c.

(I

Sept.

Larceny, . _ _
Do. - . -

Sept. 21, 1 dy. & 2 ys.
" 21, 1 « 2 «

" 11,

((

Do. - - .

" 21, 1 " 2 "

« 12, "

Dec.

Common and Notorious

1

Thief, - - _

Dec. 21,3 " 4 «

" 13, i "

((

Breaiving and entering

1

Bank, and JJurglary, -

" 21,7 " 7 "

ESSEX.

No.

1.

C. P. C.

Mar.

((

2.

<(

{(

«

3.

((

June,

4.
5,

Sept.

Larceny,

Burj^lary, 2d degree.

Larceny,

Arson, 2d degree, -

Larceny,

Mar. 27, 1 dy. & 1 yr.

" 27,! 1 " 2 "

June 23, 3 « 1 «

Sept. 30, 3 " 5 «

" 30, 3 " 1 "

HAMPSHIRE.

No.

1,

C. P. C.

Mar.

Larceny, - _ _

April 4,

2ds. &

1 yr.

ti

2,

Aug.

Do. ...

Aug. 28,

1 "

2 "

u

3,

u

Do. ...

« 28,

1 "

2 «

((

4,

11

Do. ...

" 28,

1 "

2 "

u

5,

11

Adultery, - . _

« 28,

1 "

2 «

u

6,

Nov.

Larceny, - _ -

Nov. 24,

1 "

2 «

«

7,

((

Adultery, _ - .

" 24,

1 "

1 «

NORFOLK.

No.

1,

C.

P.

C.

1
Sept-

(C

2.

((

ic

Larceny, - _ .
Breaking a dwelling, with
intent to Steal, -

Oct.

1 dy. & 1 yr.

1 «

PLYMOUTH.

No. 1,

" 2,

C. P. C.

Dec.

Larceny, - _ _
Do. - - -

Dec. 17, 3 ds. & 5 ys.
" 17, 3 " 4 «

Total,

106 Prisoners.

1842.] SENATE— No. 20.— PART II. 43

NOTE TO TABLE XIX

In the corresponding Table in the last Annual Report of the Attorney
General, in the 15th page of the 2d Part, as printed hy order of the Honor-
able Senate, and over the fifth column, which column is intended to show
the day of the month on which the convict was received, is printed the
word "Indictments." This word was not in the original Report, when it was
presented to the Legislature, and never was placed there by the authority of
the Attorney General. It has the effect of deranging the whole character
of the Table, and apparently contradicts other parts of the Report. The
Attorney General being absent from the Commonwealth on other public
business, did not have opportunity to examine the proof-sheets, and the
error was not discovered until the whole edition ordered by the Honorable
Senate had been printed and distributed.

It is believed that it was unadvisedly, but with an honest though mistaken
view, placed tliere by some person in the Printers' Office, find unfortunately
the interpolation escaped the notice of the proof-readers.