(navigation image)
Home American Libraries | Canadian Libraries | Universal Library | Community Texts | Project Gutenberg | Children's Library | Biodiversity Heritage Library | Additional Collections
Search: Advanced Search
Anonymous User (login or join us)
Upload
See other formats

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

SENATE.... ....No. 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. 



19 





















CO 


m 






















t>. 


CO 




















00 
























C2 






















€«■ 







0? 
















1 
1 


a 
3 

S 




as 
















■5 
0. 


^1 




















DQ 




















m 


*- S 























•" 























Ciw 




•iaquinfyj 8ioqA\ 





s 


^ 


T-H 




in 




CO 






■SfSI -"Bf I Su'.puoj 














% 




00 


> 


""',1 "l"V J" 


_ 


_„ 


T^ 


-. 


~. 


_ 




^3 


' 


ia!p.ia^\ Ai| -|iMiiiil>.)\ 




^-1 




^-i 




---^ 






- 


CrJ 






















Z 




Ci 


Irt 








_ 


-T 







. 








M 


Cvf 


IC 


— 






■>} 















"■^ 








75 




•||ijj oy— Ajiip 




I-H 


I— t 


■<9< 




^ 




t^ 




H 


piie.19 Aq pd^jaqosiQ 




I— 1 




CO 









n 




< 






















•jaqiunfj 3|oqAV 




I-H 


CO 
CO 


Of 


Tf 


"* 


in 




00 

CO 


§ 


^ 


H 










(M 




Of 




m 




in 


7^, 






















D 


•siio|imuj()j!i( 













!>. 






' 


























1 


•siBaddv 




rH 




I— i 




T}< 




CO 1 






















- 


J 



•suiauiiaip'Jj 


i> 


I-H 


1—1 


J^ 




QO 




CO 
CO 


> 3 










rH 








Tf 


-- 


Uh 




















■,' 


El, 


•SUlIBlduiOg M3{J 




i-l 


I— ( 


CO 












1 <r? 


M 
























•lf-81 "Bf T SiiiptiDj 


03 






Oi 


Tjt 


01 


1-1 


05 








1 


>l 


1 
1 


aT 


1 


' 






S 






s^ 


CD 



oT 



















3 





s 

0) 


"> 


' 


1 






a 

CS 




01 


'a 


^ 





3 


2 








a 









4d 















bo 




2 


^ 





,jr^ 


Si 




^ 






-: 




H 


S 


.■s 








a 






§ '.-i 




Ex 


a 


C 



is 


& 










^ 







u 


2 




>. 


a 


CS 






g 






0) 


0) 


0, 





s 




^ 









» 


V 





c 


|1h 


73 




d 


a 






J3 


.a 


&c 


b 


'A 















<_, 








.a 


^ 


H 









OS 

•S 
*3 


*5 


CO 

.s 

■3 


.s 

■3 




0) 




< 






bl) 


bo 


60 


bo 


iVh 


p. 




> 






<! 


< 


< 


<! 








< 










m 



ATTORNEY GENERAL'S REPORT 



V 



an. 





GO 






















M 










* 










(Xi 




















■«1 




















S 




















Ed 




















04 




















•jaqiutiKI aioq^V 


CO 


t^ 


r-l 


CO 




'^ 




















p-( 








•Zm ■"«£ I Snipnaj 








I— 1 


OJ 


CO 


O 


•SOJJ -ION 




■* 




rH 


o 

I— 1 


W5 

i-H 






















•siBiiinboy 




































1 


•SUOUOIAIIOQ 


l-H 


OJ 


rl 




CO 


o 


1 

o 


•Ilia o.M— '^'Jnf 


J> 


I— 1 




t^ 


o 


w 






puBjg /Cq paijeqasiQ 










a 


CO 








•jaquinjij 8[oq^ 


CO 


1> 


I— i 


CO 


i-H 
1> 


CO fO 


^ 


CO 
1—1 


CO 


m 














1—1 


1—1 






HI 




















Q 


■S(t33ddv 




■* 




1— 1 


o 

1-H 


1—1 


1 


• 


^ 




















Di 

U 


•sjuaunoipuj 




I— 1 


p-l 


00 


CO 


CO 


1 


1 


£3 




















■SJUIBldlUOQ M3\[ 


t^ 


I— 1 




l> 


g 


in 

CO 


. 


1 


O 




















■Its I 'UBf T Sfnpuaj 


1-H 


1-1 






Ol 


^ 1 1 






1 
1 


1 


1 

1 


aT 


1 






1 








OQ 




w 








IT" 






^ 


o 




S 








00 

O 






"m 


'S 


2 


_o 


' 






B 






3 


o^ 


a> 


'> 












en 




.4) 


o 














K 


'a 


t*; 


'> 


3 








*s 




U 


_o 


4_| 


O 








w 




a 


Qi 


o 


<^, 










o 




fa 
Ex 


o 


o 


^ 


& 


o 






01 




O 


i4 


m 


>> 


>> 


3 

0^ 






s 










a, 
p 


o 




"cB 


^o 


o 

m 






^ 


^ 






03 


p 


to 


o 






m 


OQ 


OT 


4-rf 


i 


H 


Q 


<3 






a 


S 




_c 


Id 




© 






'5 


"3 


■| 




J3 




JS 


'> 






<5 


<5 


<5 


< 


o 






Q 





1842.] 



SENATE— No. 20.— PART II. 



21 



■t«a 

o 



s 


, 




•ea 


5^ 




^ 


UJ 




l>5 


g 




s 











eo 


•vo 




i. 


^ 


X 




•So 


H 




CO 

C5 







<l> 


Ph 


« 


-< 


1 




to 






'^ 


H 



uj 




1— ( 


-< 


to 


03 







H 


00 


^ 


ai 



H 

O 
02 






"ce 



^ 









•jaqiuoM apq^Y 



•St8I ""^f I Sifipuaj 



•SOJJ "lOJ^ 



•S[B)iinbDv 



•SUOipiAUOQ 



■|(!a OM— AJMf 
pUB.tr) X(| poSjt2l]JS|(J 



•jaquinN aioij^x 



•S[B3ddy 



•siuatuioipuj 



■siuieidwoo A\aj\j 



•ItSI ""^r I ^"!P"3c[ 



a c .2 
To o -^ 



•" -•" M 



to ro >>» >*^ c8 
'■^ bf ■^. '^ <D 



O O rg 



t3 


"ti 


Pn 


3. 







'1^ 


m 


<n 


M 


5 


H 


S 


a 


S 


s 


L4 
















CS 


a 


es 


03 


-s 




bo 


bo 


bo 


bn 




<3 


<; 


< 


< 








-s" o 



22 



ATTORNEY GENERAL^S REPORT. [Jan. 








Remarrs. 


-a 
o 

CO 

a 
* 








•J3qiun\[ a[oiiA\ 


o. ^ 


0{ 




•St8I -WEf I Suipaa.i 


o 


o 




•sojj -[OM 


-^ 


1-1 




•siBjiinboy 


* 






•SUOIIDIAUOQ 




r}< 




•|l!a "M — ^-"'f 

pUBjr) A'q pdSj«l|J?.|(7 


1—1 


I— I 




•jaquinfj aioqAY 


•^ 55 




00 




■s|uaddv 


T* 


■>* 1 




•siiiauiioipiij 


Oi J> 


C5 1 




•S]UtB|dui03 A\3\[ 


-1" 


Tf i 
I— 1 




•It's I -uisf I Suipuaj 




I 1 




m 

H 
O 

Ex 

o 


Against the person feloniously. 
Against the person not feloniously. 
Against property with violence, - 
Against property without violence. 
Other Misdemeanors, - - - - 


Total, 

Capias for Contempt, - - - - 





1842.] 



SENATE— No. 20.— PART II. 



23 









5^ 

=0 



^ 






<s s 



i>r 


^ 


r^ 


■"g 




■i) 








•«> 


S 


s^ 






o 






^ 



Pi 



a, 

< 
* 



a 



•jaquinxi a[oi|A\ 



■ZfSl '"Bf I S"!P'WJ 



■SOJJ -[OfJ 



•simiinboy 



•SIIOI10IAU03 



•ma ojj— Ajnf 
pwejry iCq pjS.iBl{osif7 



•jaqu!n>j a[oij^^\ 



■sjBaddy 



■S)U3lU)Dlpnj 



•SlUIV!|'iuiOQ A\3\; 



"ItSI ""Bf I ifUlpiIOJ 



-* CO ■* 



a a 



I I I 



J^ .2 <y — 



O ^ J3 



e 


3 


■" 


— ' 


M 


a 


s 


^ 


^ 


o 


o 

to 


O 


>. 


>> 






S 




<0 


s 


o 


« 


o 


o 


-n 










tn 


■^ 


%Lj 


cu 


Ch 




















e5 


to 


(/J 


OT 


to 




















o 


CS 


S3 


e3 


a 


tn 


tXI 


bo 


CD 


"^ 


< 


< 


< 


< 


o 



■5 O 



2 

"3. 



24 ATTORNEY GENERAL'S REPORT. [Jan. 





03 

(4 

P5 




Pending on 1 Jan. 1841. -Not 
Reported. 




•jDquin\[ Ojoq^ 


Oi rH C5 CO 

T-H 


t^ CO 

CO i-H 


CO 




■Zm •"«f I Suipuaj 


rH (N l« 


00 




•SOJJ -[O^J 






Ph 


•s[BU!nb3V 


i-l 


I-H 


•SHOIJOIAUOQ 


J> i-l t^ CO 

1—1 


00 

(7? 


7 


•||!a ON— -fj^f 

pUBjr) .(q paSjuqosiQ 






o 
^ ! 


•jaquinfj apq^ 


O r-( O? <-! 
.-1 CO 


CO 


»2 


•s[B9ddy 








•siuauuoipuj 


C5 rH Ci CD 

T— 1 


CO 


•SJUIElduiOQ A^ajiJ 






•ltS[ ""Ef iSuipiiaj 


CO CO 

l-H 






05 

u 

H 

Em 

o 


Against the person feloniously, - 
Against the person not feloniously'. 
Against property with violence, - 
Against property without violence, 
Olher Misdemeanors, - - - - 


1 
1 
1 
1 

o 





1842.] 



SENATE— No. 20.— PART II. 



25 



§1 









>* 



•»s 


s^ 




5 


u; 
^ 


•^ 


'^ 


^ 


S 
« 


■^ 




Oi 


CO 


**» 


03 


C^ 


S 

e 


^^i 
rf- 



^ 






^1 



no -J 



«^ 









i 
















-e 





















1. 



















n 
















B. 




CO 

M 

•< 
S 
H 








tv 






1-5 

.S 
8 

■'3 

a 


































0) 


















Ol, 


>h' 


•jaqiunfj GjoqAV 












1-H 
10 


CO 
I— 1 


s 






















»|i j no piB( ao panuniioQ 








iO 


cc 


I— 1 
























•sivMlinboy 








>— t 


r-( 


<M 




^ 


















Q 


•suouJiAUo;) 


C«J 


i> 


rH 


1— 1 


CO 


GO 

CO 




c 


















S 


•||!a i>\i— .<'jnf 
















< 


pUBJj[) iCq poSjBl|JSl(J 
















X 


















1 

Eh 


■jaqiun^j 8|oq;v\ 


« 


Oi 


1— ( 


g? 


^ 


s 





















s 


■si^addv 










CO 


CO 




5 


















1 

•sjuauiioipuj 


(?« 


t>. 


i-t 


1—1 






2: 

Li] 


•S)UIB|duj03 MOfJ 
























•It8[ -"Bf iSmpuaj 


1—1 


o< 




1— 1 


05 


CO 
p-l 




H 


































^ 




1 
"no 


3 
.2 


1 

<D 
W 

3 


aT 



1 








in 


3 

.2 


.0^ 


V 

3 


■> 










H 


'5 


!c: 


^ 


3 










U 


jO 


4_> 















S5- 


.43 





^rH 


f 


^ 








H 




3 


'ti 


,^ 


CO 








Em 
En 



s 


3 


> 


^ 
















c 



>> 




"5 












Sm 






4^ 








■A 








Vj 


^ 










*-• 


^— 


»-^ 










m 


CO 


to 


OT 


i 






r. ^ 


_c 


3 


3 


_s 


:. 








S" s" 


'5 


'5 


■5 


'3 










•i< i.irf 


bO 


bo 


CD 


be 








■~- "^ 


<! 


< 


< 


< 


6 









4 



26 



ATTORNEY GENERAL'S REPORT. [Jan. 



I 
Si 

o 



?^ 


^r 




0^ 


s 


05 


c 


=3^ 






%> 


s 


eo 


!^ 


~» 









« 


•vo 


w 


^ 


> 


.^ 






111 


s 


-< 


^ 




<a> 


~i 


eo 


s; 










■fc. 


^ 


3 


^ 

"D 




►0 


g 


§ 







» 




s 




«> 




•sS 








6)1) 




S 








:^ 




^ 








h9 





01 




1 

CS 

a. 

Is 

0^ 




•JOquinW QjoqAV 


i-H OJ r-l CO 00 


00 

1-H 


^ 




*E?'8l 'nBr I Suipuaj 


i-H ^ (M Ol 


CO 


g 


•SOJd -[OfJ 


Ot 


<M 


l-l 


•siEiiinbov 


l-H l-H (N 


■<* 


< 
fa 


•saonoiAuo;^ 


<M -* 


CO 


1 


■Il'.a ON— 'fjnf 
puBJf) Aq pasjeqosiQ 






u 

p— ( 


•iaquinM 3[oqA\ 


a oi ci <o a 


CM 


22 

Q 


•sieaddy 


r-i i-H CJ 


■>* 


H 


•siuatupipuj 


.— 1 -H 1-1 


rt 


•siuie(diuo3 A\8^ 






•ItSl uBf I Suipaa^ 


r-( tH T* 


CO 




U 



1 1 1 1 ■ 

' S^ ' qT ' 

1 " C 

i? .2 S 1 . 

oQ c a ' 
§ ^ -i ■? 

C a & & 
. ^ c 

£ 2 ^ ^ g 

>* ^ Oi a, n, 
flj p p -^ 

•5-5 £, ^ .22 
« n " IT s 

00 00 Ul M 

.S .2 .S .2 33 

eS es es cS S 
tab bC bb bio tS 

< < < < 







1842.] 



SENATE— No. 20.— PART II. 



27 






03 



5j» 





s* 




o 


CA 




<;> 




j^ 


'^ 


-ts 


to 


R* 


■J* 


e 


is 




CO 


to 


•<!» 

^ 


s 


11 


S 


■to 




"^ 


<? 


to 




V. 




O 


«<» 


^ 



Q^ 



o "< 



«0 


.° 


'^ 


^ 
"^ 




!D 






<i> 


•<s> 


•o 


''^ 


S 






8 


u 




►« 




to 




kt) 




s 




•e» 




§ 




^ 




kC£ 




fiQ 








1 






o 
1-5 

l-H 

1 

CO 
o « 

11 

Pi 


•Joquin\[ a|oq^ 




?§ ^ 


05 


•5t8l -uBf I Sinpuaj 


krt 


m 


•SOJJ -[ON 


?o 


!© 


•s|«ninbDV 


Tf 


■* 


•SUOljaiAUOQ 


l-H kO l> 

I— 1 


§? 


pUBjr) .(t| paSjBqasjQ 






•J9qimi{yi 8|oqy^ 


i-l rH CO rH 
^ CO 


§ 


•s|B3ddv 






'SUI3Ul|JtpUJ 




QO 

n 


•SUIlBlduiOQ M8\[ 






'ItSI •i'«f iSuipuaj 


r^ ^ C5 




H 
O 


Against the person feloniously, - 
Against the person not feloniously. 
Against property with violence, - 
Against property without violence. 
Other Misdemeanors, - - - _ 


"2 







>3 

I 



28 ATTORNEY GENERAL'S REPORT. [Jan. 



5 






8 



5>» 



« ■« 



^ ^ 



"^ 


•*o 


s 


■<s» 


« 


!^ 




OS 


«o 


•<r- 


05 


Q 


S 

e 


W 



^ 



5^ 2- 



05 


^ 


O 


tt^ 








<D 


^ 


"5: 


<JJ 




CO 

o 


g 


55- 


-S.^ 


^ 


IS 


t* 




*u 


•!S> 


-o 


i^ 


s 


S: 


2 


o 




o 






«> 




-<: 




to 




^ 




K 








< 




^ 





ha 
n 



i 


an 




\ 












M 
















PS 
















< 
















S 
















H 
















OS 
















•jaqiunfj 3|on^ 


(?J 


i> 


w 


I— 1 


S 


CO 

i-H 
















1-H 


02 


Zm -"^f I Suiptiad 






i-H 




<>s[A\jaiiio JO sojj -lOfj 
'loipja^ Xq siBuinbov 




I-) 




ff* 


g 


§? 




•StlOllOIAIIOQ 


1— ( 


CO 


■* 




iX> 


CO 


O 
















^ 


'Ilia "M— Ajuf 


I— 1 


CO 




<M 


■* 





^ 


pnB.irj ^q paSjBqosiQ 








1-1 


I— 1 


CO 
















o 


•jaqiunN aioq^ 


(M 


r^ 


ifi 




s 


CO 

l-H 


^ 














I-H 


22 


•s[Bacidv 










to 


«5 


5 






























y 


•smaiuiaipiii 




(?? 


in 


^ 




I— 1 


00 


H^l 
















Q 

Q 


•SU'!B|dlUOQ M3(J 


I— 1 


CO 




l-H 


l-H 


^ 


^H 
















s 


•1*81 "ef I Stnpiia,} 


l-H 


(N 




CO 


00 


^ 






' 


' 


■ 


• 


"C 
















« 
























* 


_>> 




a 


2 








_>i 


03 









c 


a; 

£ 








To 


'2 


c 


'0 


3 






03 


o 

■5 






0) 





s 

> 







85 


is 




a 


£] 


^ 






o 


a 


a 


1 


■| 








1 


i 

Oh 




>> 
v 

0. 




a 








'■ 


0) 





P 


c 


c 


2 




i- .- 


JS 


^ 


S. 


a, 


CO 









4J 


«j 


4^ 


4,^ 


E 






00 


OQ 


GO 


m 








a 


S 


c 


.s 


a> 
















•3 








'S 


'5 


■3 


■3 










to 


to 


bD 


tao 


S 








< 


< 


< 


<; 


i 





1842.] 



SENATE— No. 20.— PART II. 



29 



f. 



to 



.§ ?3^ 





s 




'^ 


J^ 




*2 







CO 






ii: 


'^ 


tsS 


ts 


■>^ 


^ 


s 


•<!» 





c 


^ 


Cb 


03 


CO 


m 


05 


^ 





r^ 


Q^ 


1 





-s? 




s^ 


>o 


H 


•S 


>^ 





"«S 




ca 


■K> 


t; 


H 


Co 





r/j 




CO 






Q 




Q 

Q 




P 


S 


^ 


'^ 




ik 


-« 




51 


^ 




►0 






g 


». 




s 






s 






<u 






-SS 






!3n 






R 






•e» 






§ 






Q^ 






< 






^ 







X! 



s 

u 
05 


-- 




•jaquinN 8|oqM 


OJ rH CO J> 


s 


•6t8I -"Sf [ Saipuaj 


i-i in 

>— 1 


to 

1—1 


•asj.v\jai|io JO sojj 'lo^] 
'u'lpjo^ A'q s|Bnmbov 


a CO rt 


CO 


•suonaiAuoQ 


1-i IC CO 


^ 


•Ilia OM— .Onf 
piiBjiT) j{q paSjBqasKj 


T*i CO 


I— 1 


•jaquin^Nj 3|oq ,y\ 


W l-H CO i^ 

1-1 "^ 


CO 

CO 


•S|B3ddv 




1—1 





■sui3uilo!pui 


I— 1 1— 1 t>. Tf 


CO 

I-f 


•siiiiBidtuog M3^j 


■* 00 


1—1 


•irai 'uer I Sinptiaj 




CO 


OS 

U 




Against the person feloniously, - 
Against the person not feloniously. 
Against property with violence, - 
Against property without violence, 
Misdemeanors not above enumerated, - 


"3 
1 



3b ATTORNEY GENERAL'S REPORT. [Jan. 













S E 
















o o 








1 






"l f 














I.I. 

on -Q X "C 






en 


d 














! •-** 






0-2 D-s 






< 


02 






•< o- < a* 






& 


o 






m 93 n 






H 








BD *^ ^ TZ 






oi 




















♦J — tn "^ 








•■s 














u 






•-> ^ 








6 






(N rl 








* 






-<— ++ 




•joqmnN 9[oqA\ 


CO 


CO 

1— ( 


w? 


00 i-H 






•SfSl -uEf I S"!P"3d 


I— 1 


<?J 




00 CO 

T-l 


^ 


Ed 


■sojj -[OM 




rH 


l-H 


CO o 

T— ( 


1—1 


111 
















•S|Bii!nbov 




i-H 




lO CO 


CO 
















•SUOJIDIAUOQ 


1-^ 


00 


CO 


^ g 


00 
00 


1 














•|I'a "M— -^J'T 


rH 


Tj< 


)— ( 


CO o 


^ » 


1 


piiejQ Xq psSjmiJsiQ 








1—1 1-H 


■<* 


!L) 














1.H 


•jaqiunf^ 8|0MA\ 


CO 


CO 
1— 1 


»n 


00 1-1 


o 


S 










1—1 


G^l 


■s|esddy 




(N 




OJ o 


■* 
C^ 




•SlUOUHOlptTJ 


1—1 
* 


t>. 


-* 


CO ITS 


o 
















•SllII«|dlU03 M3\[ 


1— 1 


■* 


I— 1 


CO c:i 
1—1 p-^ 


-H 




ci 














O 


•\n\ -aeflSuipnaj 


r-l 


w 




°° ^ 


5o 






■ 


' 


1 


1 1 














« 






















' 


^ 




aT rt 














U i> 










OT 


M 


c « 








^ 


^2 


u 


iJ s 








To 


r^ 


s 


O 3 






in 
U 


3 

'c 
o 

2 


o 
o 

B 


o 


° 1 

•5 i 






fa 


c 


S 


■? 


& " 






fa 

O ' 


o 


o 












o. 


c 


c 


a- S 


~ 


1 




V 


V 


o 


p ^ 


"rt 






.£ 








1 








OQ 


OQ 


^ E 






_c 


.5 


s 


s « 














.— i»3 








'5 


'3 


C3 


CS X 








bO 


bo 


bB 


fcfi -2 








<; 


< 


< 


< s 







1842.] 



SENATE— No. 20.— PART II. 



31 






s 



CO ^ 



CO 


o 


CO 


i? 


S 


60 


s 




J^ 


<a 


'U 


< 


<> 




•Ki 


^ 


CO 


to 




!^ 


Ci 


O 


••e 


^ 


s 


G:; 


^ 




CO 


li 


p 


"< 


K. 


•*J 


v^ 


'S 






-C) 



ID 






^ 



55 








OQ 


















H 


















K 


















■< 


















a 


















H 


















tf 


















•iaqiunfj aiw\\\ 


CO 


O 


w 


05 
1—1 


CO 
CO 


§ 






SfSI -"Bf I ^"IPu^d 




- 




1—1 










•S"J.I -("W 










00 


00 




>< 


































w 


•sienjnbDy 








■5)< 


(?J 


I© 






































1 


•suoiiaiAuoQ 


CO 


Tf 


ifi 


C5 


^ 


fe 




1— 1 


ll'H '>n;— AJnf 

pUBijT) ^q pj:o.lBl)JS|(] 








U5 






% 


•jaquin>j a[oqA\ 


CO 


Ui 


U5 


05 


38 


§ 




Q 














l-H 




•S[eaddy 




CO 




rH 


1—1 


»0 

1-^ 




X 


















•S)U3UiiDipni 


1-1 


l-H 


•^ 


O 


tC 
•^ 


o 

CO 




H 




































•SllllB|clulOQ A\3{\J 








Irt 


l>. 


^ 




z 




































•ItSl -"Bf I Suipuaj 


(M 


I— 1 


rH 


CO 


1—1 


S5 








1 


1 


1 


' 


1 


















« 




























• 


>^ 




9) 


a 










^ 


.2 




S 
-2 


s 










'm 


G 


s 


o 










CO 


.2 


.0^ 




'> 


a 








H 


*S 


« 




3 


0} 








O 


_o 


^^ 


>■ 


O 


> 








K 

H 


2 


o 

a 


J3 


^ 


o 








ex 

Ex 

O 


a 


a 


1 


'i 








o 


1 


>> 


^ 


o 

s 












a? 


p 


a, 

2 

a- 


£ 

o 
c 

Ki 


"B 

^ 








4_a 


^j 


4^ 


^j 


g 








03 


to 


03 


00 












8 


_C 


^ 


s 


s 










'rt 


'S 


'3 


'5 


-a 

GO 










bl) 


bo 


bD 


QD 












< 


<3 


< 


< 


i 







3^ ATTORNEY GENERAL'S REPORT. [Jan. 



sc 


« 




SQ 


^ 


Qi 
< 






03 




t: 


^ 


s 







CO 









S, 



^ 


15 


5U 









w^ 







Ci 


(Vi 






-v 


ti) 


^11 


-<= 


CO 



o 



6 


00 




5^ 


T— 1 




<^ 


« 




<V3 


■U 




CO 


>^ 




?< 


<li 









!U 


'^ 
^ 




6 


r^ 


to 




^ 




^ 


|nO 


s 


&n 




42 


^ 


e 


CO 


<ii 


•S^ 




►*- 


«j 


■*« 




•c* 


02 


fctfi 


s 


Qj 


s: 


•^ 


-< 



CQ 









'^ 









-o 


















.. 








.S 


















■-■ 


































g 


























63 


























M 





















































^ 










































































CO 




CS 


















, ^ 


M 




_a 










"^ 












ri 




'5j 






















•< 


























S 





























co" 


:j 
























CO 


^ 
























CE 




32 


















































1 


■3 
























'^ 


c 
























C8 


'^ 













































•sa<^i?^ 


10 


GO 


Ei 


I— 1 


GO 


05 


CO 





i> 


1— ( 






-►_/ 


* 


CO 


« 





I— 1 


rjt 


CM 


CO 


(M 


f^ 


IBI111UU3 


«10X 





















. 










m 


GO 





GO 


v^ 


1-^ 


t^ 


1—1 


"<J< 


•SJOllB3U13pS|[y 






I— ( 


(N 




CO 


i> 


(M 


<M 






SI 


.,, 


1 


■<* 


1 


1 


1 


1 


, 


, 


J 


, 


-mujoju 


[ jaqio 






















•S1JIAI103 


no 






















-S!M "S 


)SIUUJl> 


• 





1 


1 


1 


1 


1 


i 


1 


1 


SlIOjlBUIJ 


yi'i 


























^ 






















^ 




-1 




•<* 


Ci 


1— 1 


CO 


IC 


CO 


CO 


(M 


CO 


= 




' 


CT 




CM 




1—1 


CO 












^> 






















'■« Q- 


















































s s 




6 






















— ^ 




— ^ 




CM 


1—1 


I— 1 


»-> 


c* 


1—1 













> 


I 


Oi 












1 


1 


1 






_o .• 



























-^ 




CO 


01 


*> 


CM 


1-H 


J>. 




■* 


■^ 


~ 




fe 1 


1 


CO 












1 






--* 




















































'5 c 




z - 


























* 




















CO '£ 




_^ 


10 







(M 


1— ( 




QO 












3 
.2 





I— 1 


















5c 




_o 


l-j 


d 








1 















■u 


02 


s 
















/>-A»^N 












^ 














'^ 













v 


^ 




^ 




^ 


oT 


*J • 




d 








Sm 


c 


•^ 


« 




j:; 




QJ 




•4 




^ 




"S 




_c 


15 


_j- 


D 


,0 


" ^ 




5 








Cli 


p. 


2 


m 








m 


= s 


i 
< 


3 
D 




i 


^ 


g 
3 


£ 


s 
2 




.2 


£ 


5 


ea 3 


.J 




m 




ffl 


ffi 


b 


:3 


=P 


(^ 


::q 


Z Q 




n 








1 


• 


' 


1 


1 


' 


• 


1 




1 
















^ 










J 








c 








s 










A 








;m 








03 










-> 








s 


5 


^ 


« 


J= 


3 


;; 


3 




ti 








QQ 
















C 


- 
















3 










1842.] 



SENATE— No. 20.— PART II. 



38 





01 












t< 












a 












•< 












g 












M 












CH 












•sasuQ 


CO 


CO 


o 


CO 


00 


--I 


CO 


(M 


o 


1— < 


[EIIIIUUO IBJOX 


r-l 




1—1 


<r{ 


I— 1 




00 


i^ 


CO 


i^ 


C5 


•sjouEOiuapsi[\i 


in 


■^ 


00 


r-l 




•suoii 


1 


1 


1 


1 


■^ 


-Buijojui jaipo 












•SIJIAUOQ UO 












-s[j,j •«;! isujhSi! 


1 


1 


» 


1 


o 

I-H 


SUOIIBIUJOJUI 














•5 a3 












*J 


._ o 


l-H 


CO 


OS 


00 


1— ( 


J2 


^ ^ 


'^ 


I— ( 


I—I 


lO 


CO 














■^ 


n! >, 


o o 












fco- 

to o. 


^> 
























<U o 
















a3 












1^ 


J= c 


lO 




w 


»ft 


CO 


o 


> 




1 






■^ 




c ^- 












J3 


-5^ 


t>i 


iH 


« 


<© 


o 




b. 3 








i-H 


(M 


M 


— o 










1— ( 


^ 


o ■ = 












bcS 


?: ~ 


























>, 












g^ 


3 












a 


.O 


(N 


(M 


CO 


CO 


O 


eS 


'5 
c 










CO 


o 


bt 












^ ! 

M 1 








0) 




H 


0^ 


^ 




CO 

-2 


5 




u 


a 




-a 


^o 


O 


o 


^ 


m 


-a 


H 


O 


^ 


o 

2; 




i 




in 


1 


. 


t 


1 




H 












U 






a 






s 


oT 










H 






^ 






m 


■3 


"* 


'^ 




P 


-o 




o 








1 


i 




a 







34 ATTORNEY GENERAL'S REPORT. [Jan. 



§ 






^ 
























Q 






o 
























V 






V 
























a. 






M 




























CO 


w 


















_• 










^=3 




























Pi 


is 


















i 






•s 






m g) 


















i3 












|3 


















CQ 

o 






►? 






o 


















O 






<» 




00 






d 


Tt< 


-H 


00 


"<* 


CO 


li 


i-H 




i 




•I12J0X 




' 


' 


U5 


CO 


CO 


t>. 


Jn 


o 

1— 1 


w 


eo 








CTJ 


































1 


















Si 












^S 








CO 










id 




■Saipna^ 


1 


1 


I 


o 


1 


i 


1 




' 


' 


1 




CO 












4-> • 


















t: 












§»- 


















^ 












02 


















Q 






























o 




a> 


I— 1 


CO 


m 


t>. 


■* 




05 


t^ 




Oi 




«0 




CO 


OS 


c^ 




I— 1 


1— 1 




■^ 


'S" 








%> 










l> 




















«j 


(., 






OQ 






















o 




pamsio^ 


a 

CO 


^ 
^ 


in 

o 








1 


o 
u 




1 






<««» 






CO 


>> 


o 










0) 










e 


55 




CO 


cq 


'Z 


t>. 


00 


CO 


CO 


DS 










09 




CO 


CO 


o 


"o~ 






p^SjeipsiQ 


1—1 




1 




r-i 




« 


CO 


r-l 


<M 


1-H 






CO 






CO 


Oi 


1—1 


c< 


CO 


CO 


l> 


(M 






•SUjOlAUOQ 


CD 




' 




a 


1—1 


U5 


o 
■* 


•* 


CO 


r-l 




"»« 


a, 




























8 


1 


00 






c^ 


T(* 


1—1 


00 


"5*< 


CO 


!>. 


1—1 




-FJOX 


s 




1 


o 


CO 


CO 


t>. 


i;; 


o 


lO 


CO 




<u 


1 *SdS 


I— 1 






i>. 








00 










CO 


W 




-H 




1 


(M 


1 


1 


1 


•^ 


1 


1 


1 




3 


-BO JailiO 


(M 


























i>. 






lO 


Tf 


1-^ 


00 


CO 


CO 


t^. 


1—1 




'^ 




i •UOjlJip 

-siJnf|uu 


C< 




1 


c^ 


CO 


CO 


t>. 




o 

1— ( 


m 


CO 




b 




-g JO sosBQ 


























•o 




*f 














tf?" 








s 


i 




05 

H 

Pi 
D 

o 


3 

o 


. 


1 


1 


1 


. 


1 




in 


1 


. 


■4 

3 

1 






O 


"o 














!P^ 


3 






§. 


^ 






cu 














Ch 


i-a 






0-A.^\ 


•§ 


























=3 


1 




CO 

H 


J^ 






i 


a" 
v 
-a 


£ 
3 


oT 
1 


"o 




3 
O 


B 

m 






O 


1 


^ 


" 


1 


S 


a 


^ 


.2 


^ 


a 


c 




1 




O 


3 






CS 


CS 


^ 


S 


'C 




rt 


C3 3 


>■ 




M 






ffl 


ffi 


^ 


w 


:q 




^ 


n 


;2;q 


X 


n 


























H 




















s" 

b 






















OQ 


3 


a 


- 


3 


- 


3 


3 


3 


b^ 




Q 








^ 








O 

OQ 











1842.] 



SENATE— No. 20.— PART II. 



35 



-^ 



X 

h3 



<n 






















M 






















c< 






















-•1 






















s 






















H 






















P!j 
























o 


»0 




•"it 




IC 


CO 




^ 


QQ 


•I«Joj, 


i-i 


CO 




CO 




Oi 


05 




S 


i 














05 










•Suipuaj 


1 


1 




1 




fab 

8 


1 




1 


1 




^ 






o 

r-l 




In, 






S 


2 


•paiBjs }0M 




1 










1 










x* 


m 




Oi 




l>. 


Hi 




•<!l< 


Ci 


p^SicqasiQ 


■* 


I— 1 




?H 




I— 1 


U5 




■* 


CO 




^T" 


~o~ 




tc~ 




(M 


00 




CO 


w 


■SUplAUOQ 


i> 


o 




CO 
I— 1 




CO 


CO 
rH 




c5 


00 

I-I 




o 


o 




Tt< 




« 


CO 




^ 


00 


•leiox 




CO 




CO 
I— 1 




Oi 


Oi 
I— 1 




?3 


SI 


•sas 




1 




o 
1—1 




Oi 


1 




^ 


1 


-BO jaqio 






















•UOjlDip 






















-sijnf iBii 


Irt 


'(S 




■* 




CO 


CO 




o 


00 




CO 


CO 




m 




00 


Oi 




o 


SJ 


-IJJOSaSBQ 


r1 






r^ 






I-H 




CO 


e» 








*J 




♦J- 






*s 












bi 




u 






u 






• 






S 




3 


>» 




3 












o 




O 


u 




O 


^ 






• 


O 


i 

— 




3 
1- 


o 
.2 


O 
u 




bo" 
o 


o 


s 




oco 


"o 


za 


2 


"o 


5 


1 




1-S 




Ph 




0H 




►^ 


PL, 




'^ 


0} 


_^ 




















H 


S 














H 






H 


OQ 


M 












CO 






D 


0^ 


1 


g' 




;: 




jj 


2 




3 


O 


o 


b 


m 










12 






O 


5 


o 
15 


CO 










S 






oi 




















H 






s 
















u 






h 






















V 
















s 
g 


— 


3 


■3 




s 




s 


3 




3 


73 




O 
















Q 


'^ 




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.