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

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HOUSE.... ....No. 18. 



ABSTRACT 

OF 

DISTRICT ATTORNEYS' REPORTS. 



JANUARY 15, 1845. 



) M tf -i^ J 



Feb. 1845.] HOUSE— No. 18. 



^■. 



/^4^. 



eommonUieiiltti of M^fsnutf^nmttn* 



Secretary's Office, Boston ; Feb. 10, 1845. 

To the Speaker of the 

House of Representatives : 

Sir, — ^I herewith transmit, to be laid before the Legislature, 
the Abstract of the Annual Reports of the Attorney for the 
County of Suffolk, and the District Attorneys, required by the 
act of 1844 (Chap. 87) to be prepared by the Secretary of the 
Commonwealth. 

I have the honor to be. 

Very respectfully, 

Your obedient servant, 

JOHN G. PALFREY. 



DISTRICT ATTORNEYS' REPORTS. [Feb. 



eommontDe<(ltii of M^^^f^^f^uutttn. 



House of Representatives, Feb. 13. 1845. 



The Committee on the Judiciary, to whom was referred the 
Abstract of the Annual Reports of the Attorney for the County 
of Suffolk, and the District Attorneys, required by the act of 
1844 (Chap. 87) to be prepared by the Secretary of the Com- 
monwealth, have had the same under consideration, and ask 
to be discharged from the further consideration, and that the 
same be printed for the use of the House. 

For the Committee. 

JOSEPH BELL. 



House of Repeesentatives, Feb. 13, 1845. 

Read and accepted. 

C. W. STOREY, Jr., Clerk. 



1845] HOUSE— No. 18. 



€ontmonUieiiit)i ot iHa^j^aci^usettfs. 



Agreeably to the provisions of the Act of 1844, Chapter 87, 
the Secretary of the Commonweahh respectfully submits to the 
Legislature an Abstract of Reports made by the Attorney for 
the County of SuiTolk, and the Attorneys of three Districts, for 
the year 1844. No Report has been received from the South- 
ern District ; the office of Attorney for that District having been 
vacant during the time within which the Report is required by 
law to be made. 

The form of Table heretofore used by the Attorney General 
has been adopted in making this Abstract. 

In the following tables, the first columns contain the numbers 
of persons prosecuted, and the numbers in the other columns 
refer to the indictments. 

The number of the persons, and of the indictments, is not 
necessarily the same ; as one indictment is often against several 
persons, and several indictments are frequently found against 
one person. 

Where there have been several indictments against one per- 
son, at several times, they have been reckoned, in making these 
tables, as against several persons, in order that the end of pro- 
curing the statistics of crime may be better attained. But 
where several indictments have been found against one person, 
at the same time, and for offences of the same kind, the num- 
bers in the first columns have been increased by only one, 
while the several results of the indictments, and the costs aris- 
ing under them, have been specified in their appropriate col- 
umns. 

The title " other offences," as used in the following tables, 
is very general ; but the enumeration of the classes of cases 



6 DISTRICT ATTORNEYS' REPORTS. [Feb. 

placed under this title, in the County of Suffolk, will, to a cer- 
tain extent, show the classes of cases denoted by it in the other 
counties. A large proportion of the cases placed under this 
title, are for offences which are Tnala prohibita^ as distinguished 
from those which are mala in se. In the country counties, 
some cases of prosecutions are reported for "malicious mis- 
chief," some for "profanity," and some for " escape," or "aid- 
ing an escape." 

The following is an enumeration of the classes of cases, 
placed in these tables, under the four titles particularized in the 
Act of 1839, Chap. 157 : 

The title "Against the person feloniously," includes cases of 
murder, rape, felonious assault, and assault with a knife, or 
gun. 

The title, " Against the person not feloniously," includes 
cases of assault and battery. 

The title, " Against property with violence," includes cases 
of riot, burglary, burglary and larceny, highway robbery, and 
arson. 

The title "Against property without violence," includes cases 
of larceny, cheating, counterfeiting, «fec., forgery and embezzle- 
ment. 

The three tables relative to the costs in the Municipal and 
Police Courts in Boston, and the fines and costs in the latter 
court, were furnished by the kindness of the Treasurer of the 
County of Suffolk. 

The materials for the table numbered VIII., relative to the 
Convicts in the State Prison, were obtained from the records of 
the Prison. 

The tables are much less valuable for the purpose of compa- 
rison with those of former years, than if a Report had been 
received from the Southern District. 

The last of the tables, being a comparison of the sentences 
of convicts in the State Prison, with those in 1843, presents re- 
sults of interest. 



1845. j HOUSE— No. 18. 



ABSTMCTS. 



SUFFOLK COUNTY. 

The last paragraph in the report of the attorney for the 
Commonwealth in the county of Suffolk, is as follows : 

" There have been a very large number of trials and verdicts 
during the year, — many more indictments than common, and 
more persons punished in the penitentiaries, and by fines and 
imprisonment, than in any former year in this county." 

During the past year, the Municipal Court has sat on one 
hundred and sixty-three days, and the grand jury have been in 
session on sixty-six days. 

During the past year, 

12 convicts have been arraigned and received additional sen- 
tences. 

129 indictments have resulted in punishments by confine- 
ment in the House of Correction. 

61 indictments have resulted in punishments by confinement 
in the State Prison. 

6 indictments have resulted in punishments by confinement 
in the House of Reformation. 

32 persons have been sent to the Asylum at Worcester, as 
furious lunatics. 

Beside what is set forth in the table relating to Suffolk 
County, the attorney for that county, during the past year, has 
instituted 21 civil suits on recognizances in the Municipal 
Court, (since the act of 1844, ch. 44, went into operation,) and 
has attended to 7 other suits on recognizances, already com- 
menced in the Court of Common Pleas, and to 7 others in the 
Supreme Judicial Court. He has also attended to 8 bank cases 
in the Supreme Judicial Court, and 12 cases brought into that 
court, by exceptions on points of law, from the Municipal Court. 
He has also attended to 3 trials for murder in the Supreme Ju- 



8 



DISTRICT ATTORNEYS' REPORTS. 



[Feb. 



dicial Court, and has given 29 written opinions to the Gov- 
ernor, upon requisitions for fugitives from justice. 

Written opinions have been given by him to the Secretary 
and Treasurer of the Commonwealth, on points concerning 
which he has been consulted by them. 

He was "called upon many times by the Treasurer of the 
Commonwealth, in person and by letter, for advice (there 
being no Attorney General), and has given him oral and writ- 
ten opinions upon several interesting subjects." 

Near the conclusion of his report he states as follows : 

" In the month of May, 1844, I received a very long com- 
munication of the Treasurer, under the 13th chapter of the 
Revised Statutes, sec. 25 (there being no Attorney General), 
and he inclosed a very long list of debts due to the treasury 
from various persons on promissory notes, &c. I was of opin- 
ion, that it was no part of my official duty to act in the premi- 
ses, unless specially instructed by the Governor or Legislature 
so to do. I inclosed a copy of the Treasurer's letter to me, and 
sent it to His Excellency the Governor, for such instructions as 
he might think proper to give me; but receiving none, I did 
nothing more in the premises." 

As the title " other offences," in the following table, includes 
a large proportion of the cases, the following sub-division of 
that title is made : 
Breaches of the license law,=^ 

" " " Sunday " 

Keeping a house of ill fame, 
Assaults upon officers of the police. 
Conspiracies, 
Perjury, . 
Adultery, . 
Illegal voting, 
Nuisance, 

Receiving stolen goods 
Various other offences ; such as official misdemeanor 

drunkenness, lewdness, gambling, breaches of the 

lottery law, ...... 



342 
70 
53 
26 
16 
13 
12 
12 
10 
5 



57 



616 



The costs in one case were ^20G 16. 



1845.] 



HOUSE— No. 18. 



Table I. 
SUFFOLK COUNTY. 



OFFENCES. 



Against the person felo- 
niously, • 

Against the person not 
feloniously, 

Against property with vi- 
olence, 

Against property without 
violence, • 

Other offences. 

Total,' 



Whole 
number of 

persons 
prosecuted. 



21 

59 

44 

259 
616 



999=^ 



Convic- 
tions. 



Cases — 
No!. Pros'd, 
Laid on file 
No Bills, or 
never arres 
ted. 



11 

24 

33 

149 
376 



593' 



21 



74 

209 



316 



Acquittals 

by 
verdicts. 



1 
11 

3 

15 
32 



62 



Costs. 



$;553 18 

717 63 

975 80 

5,002 44 
7,254 74 
14.503 79 



' The whole number of entries on the Report of the Attorney for Suffolk, is 1078. 

' 82 of these were commenced in 18i3, and 27 of them were continued to January, 1845. 

3 142 of these convictions were obtained by verdicts. 

§5931 96 has been paid over by the Attorney for this County to the Treasurer of the 
Commonwealth, being the amount collected in the year 1844 upon forfeited recognizances ; 
and suits for ^8000 and more are still pending. 



WESTERN DISTRICT. 

The report made by the attorney for this district consists of 
returns certified and made to him by the clerks of the courts 
in the several counties. 

Several cases of indictments for "malicious mischief" appear 
in the returns for this district. They are classed in the tables 
under "other offences." 

There is in this district a greater number than in Suffolk 
County of indictments for nuifeances, many of them being 
against towns for keeping bad roads. 

In the returns for Hampden County, one indictment for lar- 
2 



10 



DISTRICT ATTORNEYS' REPORTS. 



[Feb. 



ceny is thus mentioned — " Deft, deaf, dumb, and penitent — 
nol pros'd." 

The returns for Berkshire County are incomplete as to the 
costs; — and they are indefinite as to the number of the cases 
continued to the beginning of the year 1845. 

The whole number of persons prosecuted in this district, in 
the year 1844, is 227 ; and the whole amount of costs returned 
is $4,936 37. 

The following is a statement of the number of cases of pun- 
ishment by confinement: 



Place of Commitment. 



In the Common Jail, 
" Slate Prison, 
" House of Cor- 
rection, 



From Hamp- 
shire Co. 



From Hamp- From Frank- 
den Co. lin Co. 




3 

17 



From Berk- 
shire Co. 






14 



Total. 




11 

40 



51 



Table II. 
WESTERN DISTRICT.— HAMPSHIRE COUNTY. 





o 
.g 

a 
. 


1 

o 

O 


< 




tUD 

"•5 
§ 

m 


Costs. 


OFFENCES. 


Paid by 
Defend- 
ants. 


Paid by 
Common- 
wealth. 


Against the person feloniously, 

Against the person not feloni- 
ously, .... 

Against property with violence. 

Against property without vio- 
lence, .... 

Other offences. 


10 

• 

14 

81 
32 


6 

10 
IG 


1 
1 


4 

1 
3 


1 

2 
3 


$51 C5 
23 80 


$213 61 

281 11 
235 35 


Total, 


2 


8 


6 


75 45: 730 07 



' 4 of these cases were for violations of the License Law. 



1845.] 



HOUSE— No. 18. 



11 



Table II — Conimued. 
WESTERN DISTRICT.— HAMPDEN COUNTY. 



OFFENCES. 


Persons 
prosecuted. 


Convic- 
tions. 


No. Bills. 
Nol. Pros. 
Never ar- 
rested. 


Acquittals 
by ver- 
dicts. 


Costs. 


Against the person feloni- 
ously, • • • . 

Against the person not fe- 
loniously, 

Against property with vio- 
lence, • • . . 

Against property without vi- 
olence, 

Other offences. 


3 
6 

23 

38' 


3 

4 

19 
10 


3 
21 


2 

1 
7 


$127 07 
127 08 

542 70 
999 63 


Total, • 


70 


36 


24 


10 


1796 48 



' 21 of these cases were prosecutions for violations of the License Law. 

Table II — Continued. 
WESTERN DISTRICT.— FRANKLIN COUNTY. 



OFFENCES. 


Persons 
prosecu- 
ted. 


Convic- 
tions. 


Nol. Pros. 


Acquittals 
by ver- 
dicts. 


Continued. 


Costs. 


Against the per- 
son feloniously. 

Against the per- 
son not feloni- 
ously, • 

Against property 
with violence, • 

Against property 
without vio- 
lence, • 

Other offences, • 


3 

8 
81 


1 

3 
3 


1 
1 

3 


1 

3 


3 
2 


#108 17 

• 

341 68 
144 54 


Total, 


19 


7 


5 


4 


5 


594 39 



> There were no prosecutions, in this County, during the year 1844, for violations of the 
License Law. 



12 



DISTRICT ATTORNEYS' REPORTS. 



[Feb. 



Table J I — Concluded. 
WESTERN DISTRICT.— BERKSHIRE COUNTY. 



OFFENCES. 


Persons 
prosecu- 
ted. 


Convic- 
tions. 


Nol. Pros., 

&.C. &.C. 


Acquittals 
by ver- 
dicts. 


Contin- 
ued. 


Costs. 


Against the per- 
son feloniously. 

Against the per- 
son not feloni- 
ously, • 

Against property 
with violence,* 

Against property 
without vio- 
lence, • 

Other offences, • 


3 

21 
2 

26 
541 


2 

17 

1 

11 
11 


1 

5 


4 
1 

4 
2 


5 

11 

30 


$23 55 

442 00 

G8 07 

442 95 

858 86 


Total, • 


106 


42 


6 


11 


46 


1835 43 



27 of tiiese cases were prosecutions for violations of the License Law. 



NORTHERN DISTRICT. 

The attorney for this district states, in his report, that, dur- 
ing the past year, he has been " twenty-three weeks employed 
in actual attendance upon the courts, in conducting and prose- 
cuting the criminal business ;" and that there was " business 
sufficient for two weeks left unfinished in Middlesex County," 
owing to the •' engagements of all the members of the court." 

No report was received from this district for the year 1843, 
and, consequently, there can be no comparison between the 
number of species of offences in that year, and that now last 
past. 

596 cases were commenced and prosecuted, in this district, 
during the year 1844, and 41 other cases were there pending at 
the commencement of that year. 

129 verdicts were taken within the year ; and of the 187 
persons indicted in Essex County, only 10 obtained a verdict 
of acquittal. 



1845.] 



HOUSE— No. 18. 



13 



13 processes were instituted for contempts of court; 7 of 
them in Middlesex County, and 6 of them in Essex County. 

Besides the cases in the Court of Common Pleas, which are 
set forth in Table III, the district attorney has attended to one 
case for murder in the Supreme Judicial Court, and to 21 cases 
taken to that court on exceptions from tlie Court of Common 
Pleas. 

The following is a statement of the cases of punishment by 
confinement, during the year last past, in this district: 



Place of Commitment. 


From 
Essex County. 


From 
Middlesex Co. 




In the Common Jail, • • • • 


2 


5 


7 


" State Prison, • • • • 


9 


13 


22 


" House of Correction, 


16 


20 


36 




65 



In this district, as in the western, there are many indictments 
for nuisances. The report of the district attorney does not 
state the species of the nuisances ; but they may be presumed 
to be in the same proportion with those in the western district, 
where many actions were brought against towns for "bad 
roads." 



14 



DISTRICT ATTORNEYS' REPORTS. 



[Feb. 



Table III. 
NORTHERN DISTRICT.— ESSEX COUNTY. 



OFFENCES. 


Persons 
prosecu- 
ted. 


Convic- 
tions. 


Acquit- 
tals. 


Nol. Pros. 

Quashed. 
Not ar- 
rested, 

&c. &c. 


No Bills. 


Still 
pending. 


Costs. 


Against the 
person felo- 
niously, 


4 


2 


2 








$127 13 


Against the 
person not 
feloniously. 


26 


10 


6 


8 


. 


2 


541 23 


Against prop- 
erty with vi- 
olence, 


38 


14 


6 


10 


3 


5 


493 05 


Against prop- 
erty without 
violence, • 


33 


11 


4 


8 


9 


1 


696 84 


Other offences, 


228' 


116 


10 


43 


4P 


14 


2617 22 


Total, • 


329' 


153 


28 


69 


53 


22 


4505 47 



1 87 of these cases were prosecutions for violations of the License Law. 

2 19 of these were on complaints for violations of the License Law. 

3 41 of these cases were continued from 1843. 



1845.] 



HOUSE— No. 18. 



15 



Table III — Continued. 
NORTHERN DISTRICT.— MIDDLESEX COUNTY. 



OFFENCES. 



Against the person fe- 
loniously, 

Against the person not 
feloniously, • 

Against property with 
violence. 

Against property with- 
out violence, • 

Other offences, • 

Total, • 



Persons 
prosecu- 
ted. 



5 

12 

9 

40 
2,39' 



305 



Convic- 
tions. 



1 

3 

4 

24 

84 



116 



Acquittals. 
No Bills. Nol. 
Pros, &:c. &c. 



3 

66^ 



75 



Still 
pending. 



11 

82 



103 



Costs. 

$162 52 

158 71 

204 16 

958 07 
29G6 17 



4449 63 



' 141 of these cases were prosecutions for violations of the License Law. 
2 54 of these cases are returned as cases in which no bills were found by the Grand Jury ; 
but the class or classes of offences of which there was suspicion, is, or are not, enumerated. 



MIDDLE DISTRICT. 

In this district, as well as in the northern and western, there 
were many prosecutions for nuisances; and there are several 
for malicious mischief. There was one, in Norfolk County, 
against two persons, for "kidnapping;" and one against the 
Boston and Worcester Rail-road Company, for " causing the 
death of a passenger." This latter is still pending. 

In Worcester County, an indictment for murder, and another 
for rape, were found against the same person ; who having 
been convicted and sentenced to death on the former, the lat- 
ter was placed on file. 

Three writs of scire facias were entered in this district, 
and are still pending. 

Six cases upon writs of error, and eight upon questions of 
law, reserved, were heard and decided in the S. J. Court. 



16 



DISTRICT ATTORNEYS' REPORTS. 



[Feb. 



The following is a statement of the cases of punishment, by 
confinement, during the year last past, in this district : 



Place of Commitment. 


From 
Worcester Co. 


From 
Norfolk Co. 




In the Common Jail, • • • • 
*' Slate Prison, • • • • 
" House of Correction, 


1 

7 
10 


1 
1 
4 


2 

8 

14 




24 



Separate cases against three individuals, to the number of 
61 in all, were brought before the Court of Common Pleas, up- 
on appeals from justices. They were all for violations of the 
license law. Those against one of the three persons stand con- 
tinued. The costs paid by the Commonwealth on those against 
the other two, amount to $>306 20. Cases against these two 
latter were taken to the S. J. Court, and the report concerning 
them there, is, "continued for sentence." 

26! persons were prosecuted, in this district, during the year 
1844 



1845.] 



HOUSE— No. 18. 



17 



Table IV. 
MIDDLE DISTRICT.— WORCESTER COUNTY. 





o 

a. 


s 

'> 
a 
o 
O 


"3 

< 


.s; -a" 

_- ta 
.y 3 




Costs. 


OFFENCES. 


Paid by 
Defend- 
ants. 


Paid by 
Common- 
wealth. 


Against the person felonious- 

ly, • • • • 


2 


1 


. 


I 


. 


. 


$98 24 


Against the person not felo- 
niously, 


19 


8 


4 


6 


1 


#188 61 


433 36 


Against property with vio- 
lence, • • • • 


9 


5 


1 


2 






583 51 


Against property without vi- 
olence, • • 


22 


12 


- 


6 


4 


287 64 


330 25 


Other offences, • • • 


147 


14 


2 


39 


92 


114 91 


1299 37 


Total, • 


199' 


40 


7 


54 


97 


591 16 


2744 73 



1 68 of these cases were pending at the beginning of the year 1814 ; 20 of them were ap- 
peals from the decisions of Justices of the Peace, and 123 of them were for breaches of tlte 
License Law, 



18 



DISTRICT ATTORNEYS' REPORTS. 



[Feb. 



Table IV. — Continued. 
MIDDLE DISTRICT.— NORFOLK COUNTY. 





O 






.i -a 




Costs. 






c 
_o 

.s 
'> 

c 
o 
O 


O 

< 


III 


c 

■5 
c 






OFFENCES. 


Paid by 
Defend- 
ants. 


Paid by 
Common- 
wealth. 


Against the person felonious- 
ly, * '• ' 


1 


1 


• 


. 


. 


. 


#39 01 


Against the person not felo- 
niously, 


10 


4 


• 


3 


2 


#48 18 


43 12 


Against property Tvith vio- 
lence, • • • • 


1 


1 


■ 


• 




. 


22 07 


Against property Avithout vi- 
olence, • • • • 


5 


3 




1 


1 


• 


101 55 


Other offences, • 


45 
62' 


26 


15 


45 


30 


68 06 


599 18 


Total, • 


35 


15 


49 


33 


116 24 


804 93 



1 23 of these cases were pending at the beginning of the year 1844 j and 29 of them were 
for violations of the License Law. 



1845.] 



HOUSE— No. 18. 



19 



Table V. 

Abstract of Fines, Cos!s and Fees received in the Police Court of the City of 
Boston, in the year 1844. 





Fines. Costs. 


Fees. 


Amount. 


Amt. rred- 
iteil to 
Com'lth. 


From 1st Jan. to 31st March, 
inclusive, 

Deduct cases under By-Laws, 


$326 50 
63 02 


$467 11 
84 53 


#20 62 


$814 23 
147 55 






263 48 


382 58 


20 62 




$666 68 


From 1st April to 30th June, 
inclusive, 

Deduct cases under By-Laws, 


437 26 
64 79 


630 92 
116 34 


21 48 


1089 66 
181 13 






372 47| 514 58 


21 48 


• 


908 53 


From 1st July to 30th Sept. 
inclusive. 

Deduct cases under By-Laws, 


596 96 
105 53 


1028 57 
157 19 


22 65 


1648 18 
262 72 






491 43 


871 38 


22 65 


• 


1385 46 


From 1st Oct. to 31st Dec. 

inclusive, 

Deduct cases under By-Laws, 


503 40 
179 50 


823 26 
222 07 


38 90 


1365 56 
401 57 






323 90 


601 19 


38 90 




963 99 












3924 66 



20 



DISTRICT ATTORNEY^' REPORTS. [Feb. 



Table VI. 

Abstract of Bills of Costs taxed on Cases terminated in the Police Court of the 
City of Boston, in the year 1844. 





Officers' 
Fees. 


Assis'nt 

Officers' 

Fees. 


Court 

Fees. 


Witnesses' 
Fees. 


Amount. 


Amount ^ 
charged to 
Com'lth. 


Fromlat Jan. to31st 
March, inclusive, 

Deduct cases under 
By-Lawa, • 


#425 47 
29 58 


#0 50 


#649 25 
68 85 


$330 78 
16 74 


#1406 00 
115 17 






3'J5 89 


50 


580 40 


314 04 


• 


#1290 83 


From Ist April to 
30lh June, inclu- 
sive, • 

Deduct cases under 
By-Laws, " 


511 98 

36 98 


6 96 


805 25 

83 85 


333 90 

10 26 


1658 09 
131 09 






475 00 


6 96 


721 40 


323 64 


1527 00 


From 1st July to 
30th Sept., inclu- 
sive, • 

Deduct cases under 
By-Laws, • 


755 28 

47 45 


7 42 


1221 85 
112 25 


563 18 
30 78 


2547 73 
190 48 






707 83 


7 42 


1109 60 


532 40 




2357 25 


From 1st Oct. to 
31st Dec, inclu- 
sive, • • 

Deduct cases under 
By-Laws, • 


716 33 

65 80 


11 31 


1083 05 
170 70 


461 16 
26 00 


2271 85 
262 50 






650 53 


11 31 


912 35 


435 16 


2009 35 














7184 43 



1845.] 



HOUSE— No. 18. 



21 



Table VII. 



Abstract of Costs taxed in the Municipal Court in the County of Svffolk, in the 
year 1843, as per general and special Bills. 



1844. 
January, 

February, 

March, 

April, 

May, • 

June, • 

July, • 

August, 

September, 

October, 

November, 

December, 



Amount of special bill, 

" " general " 

Amount of special " 

" " general " 

Amount of special " 

" " general " 

Amount of special " 

" " general " 

Amount of special " 

" " general " 

Amount of special " 

" " general " 

Amount of special " 

" " general " 

Amount of special " 

" " general " 

Amount of special " 

" " general " 

Amount of special " 

" " general " 

Amount of special " 

" " general " 

Amount of special " 

" " general " 



Total amt. special " 
" " general " 



Costs. 



75 
327 Gl 

1233 58 
355 38 



Monthly. 



994 G5 
394 G9 

932 7() 
309 16 



1198 15 
354 21 



938 98 

285 03 



089 GO 
279 91 

1104 85 

303 7!? 

1J29 10 
330 72 



IGGO 78 
372 36 



2225 23 
324 19 



1693 66 
428 64 



$1308 36 
1588 96 
1389 34 
1241 92 
1552 36 
1224 01 
969 51 
1408 63 
1459 82 
2033 14 
2549 42 
2122 30 



14,782 09 
4065 68 



Total. 



3,847 77 



18,847 77 



22 



DISTRICT ATTORNEYS' REPORTS. 



[Feb. 



Table VIII. 

Showing the number of Convicts sentenced by the several Judicial Courts to con- 
finement in the Stale Prison, the Counties whence they were sent, the Crimes for 
which they lotre punished, and the Duration of their Confinement. 

[The convicts from Suffolk Count}' were sentenced in the Municipal Court ; convicts from 
the other counties were sentenced in the Court of Common Pleas, excepting a few cases for 
the liigher offences, which were tried, and the convicts sentenced, in the Supreme Judicial 
Court.] 

BRISTOL. 









When re- 


Sentence. 


No 


Term. 


CRIME. 


ceived. 






l^O. 














Days. 


Years. 


1 


March, 


Larceny, .... 


March 19 


1 


2 


2 


do 


Common and notorious thief, 


do 


5 


5 


3 


do 


Larceny, .... 


do 


1 


2 


4 


June, 


Burglary, .... 


June 18 


1 


5 


5 


do 


^ Shop-breaking and larceny, 

^ do do • • 


do 


1 


2 








1 


2 


6 


do 


do do • • 


do 


1 


2 


7 


do 


Maliciously removing a rail from the 












rail-road, • • • • 


do 


2 


4 


8 


do 


do do do 


do 


1 


3 


91 


do 


Larceny, 




do 


1 


1 


10 


Sept. 


do 




Sept. 18 


1 


u 


11 


Dec. 


Burglary, 




Dec. 24 


1 


Life. 


12 


do 


3 Shop-breaking, 




do 


1 


3 




do 


I do 




do 


1 


1 


13 


do 


\ Shop-breaking, 




do 


1 


3 




do 


I do 




do 


1 


1 


14 


do 


Polygamy, .... 


Dec. 31 


1 


2 



1 Sent to the Lunatic Hospital at Worcester, Sept. 19, 1844. 



ESSEX. 



1 


March, 


Breaking into and entering a vessel in 












the night time, 


April 13 


1 


2 


2 


do 


do do do do 


do 


1 


2 


3 


do 


Felonious assault. 




do 


1 


5 


4 


June, 


Larceny, .... 




June 29 


1 


2 


5 


do 


Having counterfeit bank bills with in 














tent to pass the same as true. 




do 


2 


5 


6 


Oct. 


5 Larceny, 
^do- 




Oct. 10 


1 
1 


1 

1 


7 


do 


do • • 




do 


1 


2 


8 


do 


do • • • • 


do 


1 


1 



1845.] 



HOUSE— No. 18. 
FRANKLIN. 



23 



No. 


Term. 


CRIME. 


When re- 
ceived. 


Sentence. 


Days. 


Years. 


1 

2 


March, 
do 


Adultery, 
Larceny, 


. 


April 10 
do 


1 
1 


1 

3 



HAMPDEN. 



1 


Feb. 


2 


Oct. 


3 


do 



Assault with intent to kill, * 
Assault with intent to murder. 
Larceny, 



Feb. 27 


1 


Nov. 2 


1 


do 


1 



HAMPSHIRE. 



1 


March, 


Larceny, .... 


April 7 




4 


2 


Nov. 


r do 


Nov. 27 




2 






do • • • • 


do 




2 






<( do 

do • • • • 


do 




3 






do 




3 






[ io 


do 




], less 
1 day. 



MIDDLESEX. 



1 


March, 


Larceny, .... 


March 4 




1 


2 


do 


Assault with intent to commit a rape, 


do 




2 


3 


do 


Having counterfeit coin, 




do 




1 


4 


do 


5 Larceny, ■ 
I do 






do 




1 
1 


5 


June, 


do 






July 3 




2 


6 


July, 


Robbery, 






do 




Life. 


7 


June, 


Larceny, 






do 




1 


8 


July, 


do 






do 




1 


9 


June, 


Forgery, 






do 




1 


10 


July, 


Larceny, . . . • 


do 




4 


11 


Nov. 


Common and notorious thief, 


Nov. 11 




3 



NORFOLK. 



1843. 
Dec. 
do 
1844. 
Dec. 



Assault with intent to rob, 
Larceny, 

Shop-breaking, 



Jan. 2 
do 

Dec. 25 



2i 
10 

2i 



24 DISTRICT ATTORNEYS' REPORTS. 

PLYMOUTH. 



[Feb. 









When re- 


Sektence. 


No 


Term. 


CRIME. 


ceived. 






I 










Days. 1 Years. 


1 


Aug. 


5 Arson, • • • • 
^ do • 


Aug. 22 


3 


9 






do 


1 


9 


2 


do 


r Larceny, 


do 


1 


1 yr. less 
1 day. 






' do • 

1 


do 




1 yr. less 
1 day. 


3 


do 


r Larceny, 


do 


1 


1 yr. less 
1 day. 






■ do • 


do 


1 


1 yr. less 
1 day. 



SUFFOLK. 



1 


Jan. 


2 


do 


3 


do 


4 


do 


5 


Feb. 


6 


do 


7 


do 




do 


8 


do 


9 


do 


10 


March, 


11 


do 


12 


do 


13 


do 


14 


April, 


15 


do 


16 


do 


17 


June, 


18 


do 


19 


do 


20 


do 


21 


do 


22 


Aug. 


23 


do 


24 


do 


25 


do 


26 


do 



Stealing from a dwelling-house. 
Stealing in a shop, 
Stealing from a dwelling-house, 
Breaking into a dwelling-house and 
stealing therefrom in the night 
time, . • . . 

Stealing from a dwelling-house in 

the night time, • 
do do do 

Stealing from a dwelling-house. 
Stealing from a shop. 
Stealing, • 
Larceny, • 
C Breaking into a shop and stealing 
< therefrom, 
C do do do 

do do do 

do do do 

Gross lewdness. 
Larceny, 

do 
5 do 
^do 

do 

do 
Robbery, 

do 

Common and notorious thief, 
Breaking into and entering a shop. 
Three distinct larcenies, 
Breaking into and entering a dwell 

house. 
Having in possession counterfeit 

bank bills. 
Stealing from the person, 



Jan. 13 




do 




Jan. 15 




Jan. 20 




Feb. 17 




do 




do 




do 




Feb. .24 




do 




March 27 




do 




do 




do 




do 




April 13 




do 




April 20 




June 15 


2 


do 


2 


June 18 


2 


do 


2 


June 19 


1 


Aug. 19 


1 


do 


1 


Aug. 24 


1 


do 


J 


do 


1 



3 
1 
I 

1 month. 
1 
2 

3 
1 
3 
3 
1 
1 
1 
1 
1 
2 
2 
2 
2 
1 
1 
5 



10 
3 



1845.1 



HOUSE— No. 18. 

SUFFOhK— Continued. 



25 











— 


Sen 


FENCE. 








When 


re- 






No. 


Term. 


CRIME. 


ceivec 


. 




















Days. 


Years. 


27 


Sept. 


Larceny, • . . • 


Sept. 


14 


1 


1 yr. less 
1 day. 
1 


28 


do 


Stealing', • • • • 


do 




1 


29 


do 


do • • • • 


do 




1 


1 


30 


do 


Stealing from the person, • 


do 




3 


5 yrs. less 
3 days. 


31 


do 


do • • • • 


do 




3 


5 yrs. less 
3 days. 


32 


do 


C Assault with intent to rob, 

•? Breaking into a shop and stealing 


Sept. 


18 


3 


6 






( therein, 


do 




1 


4 


33 


do 


Breaking and entering a shop with 














intent to commit a larceny. 


do 




3 


4 


34 


Oct. 


Having in possession counterfeit 














bills, • • • ; 


Oct. 


19 


2 


2 


35 


do 


Tendering in payment a counterfeit 














bank bill, 


do 




1 


li 


36 


do 


Common and notorious thief. 


do 




1 


2 


37 


do 


Having in possession counterfeit 














hill, . . . ■ 


do 




3 


U 


38 


do 


Stealing in a dwelling-house, 


do 




1 


1 


39 


do 


Larceny, • • • • 


Oct. 


23 


1 


1 


40 


do 


Manslaughter, 


do 




1 


2 


41 


do 


do ... 


do 




1 


2 


42 


Nov. 


Larceny, • • • • 


Nov. 


16 


1 


1 


43 


do 


Stealing from a vessel in the night, 


do 




1 


2 


44 


do 


Common and notorious thief, 


do 




3 


3 


45 


do 


Stealing from a dwelling-house. 


do 




1 


1 


46 


do 


Common and notorious thief, 


Nov. 


23 


1 


3 


47 


do 


do do do 


do 




3 


6 


48 


do 


do do do 


do 




3 


5 


49 


Dec. 


Burglary, • • • • 


Dec. 


7 


1 


1 


50 


Nov. 


Stealing, • • • • 


Dec. 


17 


1 


1 



WORCESTER. 



1 


June, 


Burglary, • • • • 


June 7 


1 


1 


2 


do 


Arson, . . . • 


do 


1 


Life. 


3 


do 


Burning a dwelling-house, 


do 


2 


7 


4 


do 


Burglary, • • • • 


do 


2 


10 


5 


do 


do • • • • 


do 


2 


5 


6 


Oct. 


Bigamy, • • • • 


Oct. 5 


1 


1 



Total, 



102. 



26 



DISTRICT ATTORNEYS' REPORTS. 



[Feb. 



RECAPITULATION OF TABLE VIII. 











1844. 


1843. 


Excess 

in 1844. 


Excess 
in 1843. 


Number of Convicts from Barnstable County, 


• 


4 


• 


4 








' " Berkshire " 




3 


• 


3 








" Bristol " 


14 


13 1 


• 








' « Essex " 


8 


11 




3 








' " Franklin " 


2 


1 


1 


• 








' " Hampden " 


3 


6 




3 








' " Hampshire " 


2 


4 




2 








' " Middlesex " 


11 


11 












« " Nantucket " 


• 


• 












' " Norfolk 


3 


3 












' " Plymouth " 


3 


3 












" Suffolk 


50 


33 


17 










' " Worcester " 


6 


11 


• 


5 




102 103 19 


20 




EXCPSO i" 184.'^ r.T70i. 


19 










184 


i, ■ 


* 


1 



1845.] 



HOUSE— No. 18. 



27 



RECAPITULATION & COMPARISON OF TABLE VIII. 



No. OF 

Convicts. 


COUNTIES. 


SENTENCES. 


1843. 


1844. 


1843. 


1844. 


3 


• 


Barnstable, 


Dys. 
4 


Years. 

8 


Dys. 


Years. 


4 


• 


Berkshire, 


8 


12 




• 


13 


14 


Bristol, • 


29 


3U 


22 


394 and 1 for life. 


11 


8 


Essex, • 


16 


33 less 1 day. 


10 


21 


1 


2 


Franklin, 


2 


2 


2 


4 


6 


3 


Hampden, 


14 


17 


3 


5 


4 


2 


Hampshire, 


7 


11 


6 


15 less 1 day. 


11 


11 


Middlesex, 
Nantucket, 


26 


43 less 1 day. 


14 


18 and 1 for life. 


3 


3 


Norfolk, 


4 


m 


5 


15 


3 


3 


Plymouth, 


4 


4 


7 


22 less 4 days. 


33 


50 


Suffolk, 


76 


91 less 3 days. 


75 


124^ less 7 days. 


11 


6 


Worcester, 


27 


40 less 1 day. 


9 


24 and 1 for life. 


103 


102 


12 Counties in 
1843. 

10 Counties in 
1844. 


217 


306 less 6 days. 


153 


287^ and 3 lives 
less 12 days.