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HOUSE No.  48. 


ANNUAL    REPORT 


ATTORNEY-GENERA  L^.j^. 


FEBRUAKY,    1850. 


£.  BOSTON. 

7 1888 


[Feb.  1850.]  HOUSE— No.  48. 


To  the  Hon.   Ensign   H.   Kellogg,   Speaker-  of  the  House  of 
Representatives : 

Sir, — In  conformity  with  the  provisions  of  the  186th  chapter 
of  the  Acts  of  the  year  1849,  estabhshing  the  office  of  Attorney 
General,  I  submit  herewith  to  the  Legislature,  the  accomf)any- 
ing  "Abstracts  and  Tabular  Statements,"  prepared  from  the 
Annual  Reports,  made  to  me  by  the  prosecuting  officers  of  the 
Commonwealth,  of  the  criminal  business  in  their  respective  dis- 
tricts, to  the  3d  day  of  December  last. 

I  also  append  a  statement  of  the  cases  which  have  been  ar- 
gued and  conducted  by  me,  between  the  3d  day  of  July,  when 
I  entered  upon  the  duties  of  the  office  of  Attorney  General,  and 
the  1st  day  of  January  last.  These  cases  required  my  attend- 
ance at  all  the  law  terms  held  by  the  supreme  judicial  court 
throughout  the  Commonwealth,  with  the  exception  of  the  coun- 
ty of  Norfolk,  in  which  county  no  cases  were  reserved  for  argu- 
ment before  the  full  bench. 

During  the  period  embraced  in  the  Report,  I  have  been  fre- 
quently called  upon  to  consult  and  advise  with  the  Executive, 
the  Treasurer  and  Receiver  General,  the  Land  Agent,  the  Au- 
ditor, the  Superintendent  of  Alien  Passengers,  and  the  District 
Attorneys,  upon  matters  connected  with  the  administration  of 
the  duties  of  their  respective  departments,  and  have  prepared 
and  furnished  twenty-three  written  opinions  upon  various  ques- 
tions submitted  to  me  by  these  officers. 

I  have  also  collected  and  paid  over  to  the  Treasurer  and  Re- 
ceiver General,  the  sum  of  $355  57,  being  the  whole  amount 
due  upon  the  bonds  of  a  delinquent  auctioneer,  without  insti- 
tuting a  suit  against  the  sureties. 

At  the  August  and  November  terms  of  the  municipal  court,  I 
attended  the  grand  jury  for  the  county  of  Suffolk,  in  their  ex- 
aminations of  several  cases.     In  the  annexed  statement  I  have 


4  ATTORNEY  GENERAL'S  REPORT.  [Feb. 

omitted  all  those  in  which  no  bills  were  found,  as  they  are  in- 
cluded by  the  Commonwealth's  Attorney  for  that  county,  in  his 
Report,  and  are  embraced  in  the  accompanying  Abstract. 

There  are  various  topics,  upon  which  I  have  thought  impor- 
tant suggestions  might  be  made  to  the  Legi'slature,  pursuant  to 
the  provisions  of  the  fourth  section  of  the  act  referred  to,  war- 
ranted by  the  existing  condition  of  our  criminal  jurisprudence, 
and  which  might  tend  to  improvement  in  "the  proper  and  eco- 
nomical administration  of  the  criminal  law."  But  the  brief  pe- 
riod which  has  elapsed  since  I  entered  upon  the  duties  of  the 
office,  and  the  unusual  amount  of  important  business  which  has 
crowded  that  period,  arising  out  of  an  unprecedented  increase  of 
capital  cases,  have  induced  me  to  defer  any  suggestions  tending 
to  a  change  or  modification  of  existing  laws,  until  a  larger  meas- 
ure of  observation,  and  better  opportunities  for  a  careful  consid- 
eration of  their  tendencies  and  effect,  shall  enable  me  to  present 
them  with  a  settled  conviction  of  their  necessity  or  expediency. 
I  am  admonished  also,  by  the  reflection,  that  such  suggestions, 
in  a  matter  of  so  much  importance  to  the  people  of  the  Com- 
monwealth, as  the  efficient  administration  of  the  criminal  law, 
to  be  of  any  value  to  the  Legislature,  or  to  be  entitled  ta  its  con- 
fidence, must  be  entirely  free  from  the  suspicion  of  being  the 
fruits  of  a  crude  or  hastily  formed  judgment. 

I  therefore  have  restricted  myself  in  this  report,  to  what  is 
required  by  the  statute,  as  a  means  of  furnishing  to  the  Legisla- 
ture, the  materials  for  a  comparison  of  the  statistics  of  crime  in 
this  Commonwealth. 

All  which  is  respectfully  submitted,  by 

JOHN  H.  CLIFFORD, 

Attorney  General. 
February  15th,  18.50. 


1850.1  HOUSE— No.  48. 


STATEMENT 


Of  Cases  argued  and  conducted  hy  the  Attorney  General^  from 
July  3,  1849,  to  January  1,  1850. 

County  of  Berkshire.     S.  J.  Court — Law  Term. 

Commonwealth  v.  Michael  Flynn.  Arson.  Exceptions  to 
the  ruling  of  the  C.  C.  Pleas,  and  motion  in  arrest  of  judgment 
— argued — motion  overruled,  and  remitted  to  C.  C.  Pleas  for 
sentence. 

Same  v.  same.  Perjury.  Motion  in  arrest  of  judgment — ar- 
gued— motion  overruled — remitted  to  C.  C.  Pleas  for  sentence. 

Same  v.  Eben'r  L.  Griffin  and  al.  License  Law.  Motion  in 
arrest — argued — overruled.  Four  exceptions  argued — 3  over- 
ruled— 1  sustained.  Remitted  to  C.  C.  Pleas  for  sentence  on  3 
counts  of  the  indictment. 

Same  v.  Robert  Walden.  Malicious  Mischief.  Exceptions 
— argued — and  sustained.  Remitted  to  C.  C.  Pleas  for  new 
trial. 

David  A.  Sumner  and  al.  v.  the  Commonwealth.  Writ  of 
Error.     Argued — ^judgment  for  plaintiffs  in  error.     Discharged. 

County  of  Hampshire.     S.  J.  Court — Law  Term. 

Commonwealth  v.  Betsey  Hunt.  Lewd  and  Lascivious  Co- 
habitation. Exceptions  from  C.  C.  Pleas — argued — 3  excep- 
tions sustained,  and  defendant  discharged. 

Same  v.  Thomas  Tilton.  License  Law.  Exceptions — and 
motion  to  quash  indictment — argued — overruled.  Remitted  to 
C.  C.  Pleas  for  sentence. 

Same  v.  James  Sloane  and  al.  License  Law.  Exceptions — 
argued— overruled.     Remitted  to  C.  C.  Pleas  for  sentence. 

County  of  Hampden.     S.  J.  Court — Law  Term. 

Commonwealth  v.  Otis  Twitchell.  Unlicensed  Public  Exhi- 
bition. Motion  in  arrest  of  judgment — argued— overruled.  Re- 
mitted to  C.  C.  Pleas  for  sentence. 

County  of  Franklin.     S.  J.  Court — Law  Term. 
Commonwealth  v.  Calvin  Shattuck.    Forcible  Detainer.    De- 


6  ATTORNEY  GENERAL'S  REPORT.  [Feb. 

murrer  to  indictment  and  joinder  in  demurrer.     Continued  for 
argument,  at  adjourned  term  in  Boston. 

Same  v.  Patience  Bond  and  als.  Assault  on  an  Officer.  Ex- 
ceptions from  C.  C.  Pleas.     Continued  for  argument,  as  above. 

County  of  Worcester.     S.  J.  Court — Law  Term. 

Commonwealth  v.  Mason  Wheeler.  License  Law.  Excep- 
tions from  C.  C.  Pleas — exceptions  waived.  Remitted  to  C. 
C.  Pleas  for  sentence. 

Same  v.  same.  Exceptions  from  C.  C.  Pleas — exceptions 
waived.     Remitted  to  C.  C.  Pleas  for  sentence. 

Same  v.  Esek  Saunders.  Violation  Factory  Labor  Law. 
Exceptions,  and  motion  to  quash  indictment.  Nol.  pros,  in 
consequence  of  new  legislation  since  the  exceptions  were  taken. 
Act  of  1849,  c.  220. 

Commonwealth  v.  William  E.  Knowlton.  Murder.  Prisoner 
arraigned,  and  counsel  assigned.  Trial  assigned  for  October  9, 
1849. 

October  9.  Prisoner's  counsel  move  for  a  postponement. 
Motion  discussed  and  granted.  Trial  postponed  to  December 
26,  1849. 

December  26th,  2rth,  28th,  and  29th.  Trial.  Verdict,  guilty. 
Sentence,  death. 

County  of  Middlesex.     S.  J.  Court — Law  Term. 

Commonwealth  v.  Worthy  Parker.  Assault  and  Battery. 
Motion  in  arrest  of  judgment,  and  exceptions.  Continued  for 
argument,  at  adjourned  term. 

Same  v.  Valentine  Robbins.  Wilful  Trespass.  Exceptions 
from  C.  C.  Pleas.     Continued  for  argument,  at  adjourned  term. 

Same  v.  Josiah  G.  Chase.  Violatioti  of  City  By-law.  Con- 
tinued for  argument,  at  adjourned  term.  This  case,  being  a 
prosecution  for  violating  an  ordinance  or  by-law  of  a  city,  in 
which,  by  the  existing  provisions  of  law,  the  Commonwealth  is 
not  responsible  for  any  costs,  it  does  not  properly  come  within 
the  official  cognizance  or  management  of  the  prosecuting  offi- 
cers. But,  as  the  case  had  been  conducted  in  the  C.  C.  Pleas, 
by  the  District  Attorney,  in  conformity  with  a  usage  which  has 
prevailed  in  that  county,  it  was  taken  charge  of  by  me  before  I 


1850.]  HOUSE— No.  48.  7 

was  apprized  of  the  nature  of  the  prosecution,  and  continued 
for  argument,  at  the  adjourned  term. 

Commonwealth  v.  Daniel  H.  Pierson.     Murder. 
Do.  V.  do.  do. 

Do.  V.  do.  do. 

Prisoner  arraigned  on  the  first  indictment,  and  counsel  as- 
signed.    December  18th  assigned  for  the  trial. 

December  12th,  a  motion  was  made  by  the  prisoner's  counsel, 
before  the  whole  court,  at  Salem,  for  a  postponement  of  the 
trial.  The  motion  was  argued,  and  granted  by  the  court,  and 
the  trial  postponed  to  February  26,  1850. 

County  of  Bristol.     S.  J.  Court — Law  Term. 

Commonwealth  v.  John  Q,.  A.  Tripp.     Licetise  Law. 

Do.  V.  do.  do. 

Do.  V.  do.  do. 

Exceptions  from  C.  C.  Pleas — argued — overruled — and  con- 
tinued to  the  November  term  S.  J.  Court  for  sentence. 

County  of  Essex.     S.  J.  Court — Law  Term. 

Commonwealth  v.  Bimsly  Stevens.  Common  Drunkard. 
Exceptions  from  C.  C.  Pleas — argued — exceptions  overruled. 
Remitted  to  C.  C.  Pleas  for  sentence. 

Same  v.  William  Clark.  Licetise  Law.  Motion  in  arrest  of 
judgment — argued — overruled.  Remitted  to  C.  C.  Pleas  for 
sentence. 

Same  v.  William  P.  Shaw  and  William  H.  Mallory.  Bur- 
glary. Exceptions  from  C.  C.  Pleas — argued — overruled.  Pris- 
oners sentenced,  viz.  : — Shaw,  3  days  solitary  and  4  years 
State  Prison.  Mallory,  3  days  solitary  and  4  years  State 
Prison. 

Same  v.  William  P.  Shaw,  William  H.  Mallory,  and  Josepli 
B.  Atwater.  Exceptions  from  C.  C.  Pleas — argued — excep- 
tions overruled.  Prisoners  sentenced,  viz. : — Shaw,  4  years 
State  Prison.  Mallory,  4  years  State  Prison.  Atwater,  4  years 
State  Prison. 

Same  v.  John  P.  Lakeman.  Assault  and  Battery.  Excep- 
tions from  C.  C.  Pleas— argued — overruled.  Remitted  to  C.  C. 
Pleas  for  sentence. 


8  ATTORNEY  GENERAL'S  REPORT.  [Feb. 

William  P.  Dix  v.  the  Commonwealth. 
Do.  V.  do. 

Do.  V.  do. 

Three  writs  of  error— argued — ^judgment  for  the  Common- 
wealth ;  writs  of  error  dismissed,  and  the  original  judgment  of 
the  C.  C.  Pleas  affirmed. 

Commonwealth  v.  Rachel  Sharp.  Murder.  Prisoner  ar- 
raigned— counsel   assigned — trial  assigned  for  December  11th. 

December  11th,  12th,  13th,  and  14th. — Trial— argued  to  the 
jury — ^jury  do  not  agree  upon  a  verdict;  jury  discharged,  and 
case  continued. 

In  the  trial  of  this  case,  I  was  assisted  by  the  Hon.  Asahel 
Huntington,  District  Attorney  for  the  Eastern  District. 

County  of  Suffolk.     S.  J.  Court  and  Municipal  Court. 

Harrison  Wingate  v.  the  Commonwealth.  Writ  of  Error. 
Entered  Nov.  term  S.  J.  Court  for  argument.     Still  pending. 

Commonwealth  v.  John  McDonald.  Exceptions  from  Muni- 
cipal Court.     Still  pending  in  S.  J.  Court. 

Same  v.  John  Lowell.     Same. 

Same  v.  Certain  Lottery  Tickets.  Information  filed  in  Mu- 
nicipal Court,  by  the  District  Attorney.  Exceptions  to  S.  J. 
Court,  still  pending. 

Same  v.  Thomas  Connelly,  John  Riley,  and  John  Joyce. 
Rape.  Mmiicipal  Court,  August  term.  Attended  the  Grand 
Jury,  and  drew  the  indictment.  Indictment  certified  into  S.  J. 
Court,  November  term.  Prisoners  arraigned,  and  December 
31st  assigned  for  the  trial. 

December  31st  and  January  1st,  trial.  Verdict,  Connelly 
guilty  of  an  assault,  with  intent  to  ravish.  Joyce  and  Riley 
not  guilty.  Connelly  sentenced  to  3  days  solitary  and  3  years 
State  Prison. 

Commonwealth  by  information  v.  John  Keyes,  2d  Comer 
Convict.  Municipal  Court,  August  term.  Information  filed — 
defendant  arraigned  and  convicted.  Sentence,  5  days  addi- 
tional imprisonment. 

Same  v.  James  Morse.     Same.     Same. 

Same  v.  James  Swan.  Municipal  Court,  September  term. 
Information  filed — defendant  arraigned — convicted,  and  sen- 
tenced to  5  days  additional. 


1850.J  HOUSE— No.  48.  9 

Same  v.  George  Ranselow.     Same.     Same  sentence. 

Same  v.  David  B.  Mason.     Same.     Same  sentence. 

Same  v.  Thomas  C.  Cummings.  Municipal  Court,  October 
term.  Information  filed — defendant  convicted — sentence,  10 
days  additional. 

Same  v.  Alonzo  Reynolds.     Same.     Same  sentence. 

Same  v.  Charles  Sargent.     Same.     Same  sentence. 

Municipal  Court,  November  term.  Attended  the  Grand  Jury, 
and  drew  indictments,  in  the  following  cases : — 

Commonwealth  v.  Philip  Dolan  and  al.    Aggravated  Assault. 

Same  v.  John  Betton.     Arson. 

Same  v.  George  Cox.  Murder.  Indictment  certified  to  S.  J. 
Court,  November  term.  Prisoner  arraigned,  and  trial  assigned 
for  December  31st. 


10 


ATTORNEY  GENERAL'S  REPORT. 


[Feb. 


Table  I. 
SUFFOLK  COUNTY. 


OFFENCES. 

a^ 

i 

6 

J2 
1 

< 

•o 

z 

bb 

1 

c5 

o 
Z 

1 

i 
1 

COSTS. 

Against  the  person  fe- 
loniously, 

20 

10 

3 

. 

2 

4 

1 

_ 

$796  42 

Against  the  person  not 
feloniously,      - 

252 

117 

24 

31 

16 

43 

15 

6 

5,370  23 

Against  property  with 
violence, 

67 

48 

8 

1 

6 

2 

2 

- 

1,992  89 

Against  property  with- 
out violence,   - 

289 

201 

32 

9 

17 

11 

6 

13 

7,133  43 

Other  offences,   - 

965 

577 

23 

83 

68 

101 

70 

43 

10,2.37  14 

Total, 

1593 

953 

90 

124 

109 

161 

94 

62 

$25,530  11 

Table  of  Offences. 

Ahduction, 

2 

- 

- 

1 

- 

" 

1 

- 

$12  53 

"          and   Forni- 
cation,   -         -        - 

1 

. 

- 

. 

. 

- 

- 

1 

9  85 

Abortion,  procuring,    - 

3 

- 

1 

1 

- 

1 

- 

200  52 

Absconding  apprentice, 
&c.,        -        -        - 

1 

- 

- 

- 

1 

- 

- 

- 

- 

Accessary  to  a  felony 
after  the  fact,  - 

1 

. 

. 

. 

1 

. 

- 

- 

Adultery,   -        -        - 

11 

3 

- 

3 

2 

2 

- 

215  73 

Arson,        -        -        - 

2 

1 

1 

- 

- 

- 

- 

59  01 

"      second  degree,  - 

2 

1 

1 

- 

- 

- 

- 

70  66 

"      attempt  at, 

1 

- 

1 

- 

- 

- 

- 

37  39 

Assault,  &c.,      - 

2 

- 

1 

1 

- 

- 

- 

70  59 

"      with   intent  to 
commit  a  rape, 

1 

_ 

. 

1 

. 

. 

. 

. 

19  68 

1850.] 


HOUSE— No.  43. 
TABLE  12. 


11 


OFFENCES. 


Assault,  felonious, 

Assault,  felonious,  with 
intent  to  murder, 

Assault,  felonious,  with 
a  pistol,  &c.,  - 

Assault,  felonious,  at- 
tempt to  commit  a 
rape,       -        -        . 

Assault,  felonious,  and 
Robbery  &  Larceny, 

Assault  and  Battery,    - 

Assault  and  Battery, 
aggravated,     - 

Assault  and  Battery, 
with  a  file,  &c.. 


Assault    and 
felonious, 


Battery, 


Assault  and  Battery, 
intent  to  ravish,  &c., 

Assault  and  Battery, 
on  a  Judge  of  Police 
Court,     -        -         - 

Assault  and  Battery,  on 
an  officer  and  rescu- 
ing a  prisoner,  &c.,  - 

Assault  and  Battery,  on 
a  Police  Officer, 

Assault  and  Battery,  on 
watchmen. 

Assault  and  Battery, 
with  an  axe,  on  two 
watchmen. 

Assault  and  Battery, 
with  a  slung  shot,    - 


131 

65 

4 

4 

1 

1 

2 

2 

1 

1 

1 

1 

1 

2 

2 

3 

3 

1 

1 

1 

1 

19 


22 


#235  76 
52  53 
18  57 

22  20 


27  11 

2850  16 

95  12 

20  ai 

107  24 

35  90 

9  18 


20  31 

18  71 

74  59 

20  47 

48  72 

12 


ATTORNEY  GENERAL'S  REPORT. 


[Feb. 


Table  I. — Continued. 


OFFENCES. 

^ 

i 

a 
6 

1 

< 

■o 

1 

S 

o 

t 
2 

1 

COSTS. 

Assaulting   a    Consta- 
ble, &c., 

3 

3 

$35  98 

Assaulting  and  resist- 
ing a  Constable, 

2 

2 

33  74 

Assaulting  an  Officer, 
&c.,      . 

1 

1 

13  24 

Assaulting   an  Officer, 
and    attempting     to 
rescue  a  prisoner,    . 

4 

4 

57  92 

Assaulting  Police  Offi- 
cers,     . 

2 

2 

73  34 

Assaulting  Watchmen, 
&c.,      .         .         . 

14 

12 

2 

. 

291  89 

Assaulting  Watchmen, 
Rescue,  tfcc,  . 

1 

1 

. 

. 

. 

14  32 

Breaking  and  entering 
a  church   and   Lar- 

ceny,    . 

1 

1 

. 

. 

. 

35  27 

Breaking  into  a  school- 
house    and    stealing 
therein. 

1 

1 

15  21 

Brothel,     . 

31 

7 

3 

16 

1 

3 

1 

513  24 

Brothel   and  House  of 
111  Fame, 

8 

5 

2 

1 

94  80 

Brothel    and     License 
Law,      . 

2 

1 

1 

32  15 

Brothel  &.  noisy  house. 

8 

4 

1 

, 

3 

82  45 

Brothel,  Noisy  House, 
and  Sunday,   . 

3 

3 

33  54 

Brothels,    letting     out 
tenements  for. 

1 

1 

12  16 

Brothels,  letting  houses 
for, 

5 

5 

66  65 

1850.] 


HOUSE— No.  48. 
Table  I. — Continued. 


13 


OFFENCES. 

1 

> 

J2 
a 

'5 

< 

Z 

c 

1 

IB 

1 

(5 

o 
2 

COSTS. 

Burglary  and  Larceny, 

1 

. 

1 

#41  80 

Burglary  and  Larceny, 
attempt  at,      . 

1 

1 

20  32 

Cheating  by  False  Pre- 
tences, . 

36 

5 

5 

7 

5 

7 

6 

1 

761  75 

Cheating  by  False  Pre- 
tences, and  conspira- 
cy to  cheat,     . 

1 

1 

34  57 

Cheating  by  False  Pre- 
tences and  Larceny, 

1 

, 

. 

1 

12  05 

Cheating    by    a   Shop 
Bill,  for  a  Bank  Bill, 
and  False  Pretences, 

1 

1 

44  51 

Civil  Actions,  (Recog- 
nizances,) 

71 

44 

26 

. 

. 

1 

364  65 

Conunon  Drunkards,    . 

4 

1 

• 

1 

2 

• 

• 

129  11 

Common  Night-walker, 

1 

. 

1 

9  71 

Conspiracy  to  cheat,    . 

3 

3 

. 

10  79 

Conspiracy    to    cheat, 
and  Cheating, 

1 

. 

• 

1 

12  29 

Counterfeit  Bank  BHls, 
having,    with   guilty 
knowledge    and    in- 
tent to  utter  them  as 
true,  &c.. 

14 

8 

1 

2 

2 

1 

347  20 

Cruelty  to  Animals,     . 

1 

1 

19  25 

Deputy  Sheriff  ordered 
to  discharge  a  Wit- 
ness, 

1 

1 

Disorderly  House,  &.C., 

3 

2 

1 

30  21 

Disorderly   and    Noisy 
House,  and  Brothel, 

1 

1 

26  44 

Drunkenness,     . 

1 

1 

. 

, 

. 

8  96 

14  ATTORNEY  GENERAL'S  REPORT.  [Feb. 

Table  T. —  Continued. 


OFFENCES. 

3 

1 

'5 
a* 

■p 

o 

1 

m 

o 
Z 

1 
1 

a" 

COSTS. 

Drunkenness  and  Com- 
mon Drunkard, 

1 

1 

^11  65 

Embezzlement,  . 

1 

. 

1 

7  17 

Embezzlement  and  Lar- 
ceny,    . 

1 

. 

. 

1 

7  17 

Escape  from  House  of 
Correction,      . 

3 

3 

• 

30  40 

Escape  from  State  Pris- 
on,        ..         . 

1 

1 

8  14 

Forgery,   . 

7 

1 

1 

1 

3 

130  06 

Forgery  and  Uttering, 

5 

2 

* 

1 

1 

1 

61  91 

Fornication, 

' 

2 

1 

1 

40  82 

Having  a  lighted  Cigar 
in  a  Stable,  &c.,      . 

1 

1 

8  49 

Having    Tools,     Dies, 
&.C.,      for      coining 
Counterfeit    Money, 

1 

J 

23  67 

Highway  Robbery,  Fe- 
lonious Assault,  &c.. 

2 

2 

. 

65  78 

Homicide, 

2 

. 

2 

24  45 

Housebreaking        and 
Larceny, 

13 

9 

1 

3 

a33  01 

House    of   111     Fame, 
keeping, 

3 

1 

1 

1 

32  41 

House    of  111     Fame, 
Brothel,    &c.   keep- 
ing,      . 

3 

2 

1 

63  73 

Intruding  a  Wharf  be- 
yond   the    Commis- 
sioners' Line, 

16 

4 

1 

2 

8 

364  29 

Larceny,  . 

261 

187 

27 

6 

16 

10 

11 

6,443  42 

Larceny,  attempt  at,    . 

5 

3 

1 

1 

94  85 

1850.] 


HOUSE— No.  48. 
Table  I. — Continued. 


15 


OFFENCES. 

1 

> 

i 

i 

< 

•6 
S 

1 

bio 
s 

c 

O 

-d 

1 

o 

COSTS. 

Larceny  from  a  Build- 
ing on  Fire,   . 

1 

1 

#13  88 

Larceny  from  the  Per- 
son, 

] 

1 

. 

. 

. 

44  48 

Larceny  and  Highway 
Robbery,    Felonious 
Assault, 

1 

1 

59  16 

Larceny  and  Receiving 
Stolen  Goods,  &c.  . 

1 

1 

36  30 

Lewd   and  Lascivious 
Association  and  Co- 
habitation, 

1 

1 

22  22 

Lewd    and   Lascivious 
Cohabitation,  . 

2 

. 

1 

1 

. 

. 

42  12 

Lewd    and   Lascivious 
Cohabitation  &  For- 
nication, 

1 

1 

19  95 

Lewdness   and    Expo- 
sure, 

5 

4 

1 

. 

. 

. 

131  93 

Libel,        . 

2 

2 

. 

4  61 

License  Law,     . 

537 

335 

12 

8 

S3 

81 

40 

38 

4,569  57 

License  Law  &  Broth- 
el,        ..         . 

1 

1 

. 

. 

. 

. 

12  03 

License  Law  and  Bad 
House,  , 

1 

1 

. 

. 

. 

12  98 

License  Law  and  Dis- 
orderly House, 

4 

3 

1 

. 

49  29 

License  Law  and  Gam- 
bling House,  . 

1 

1 

4  25 

License  Law  and  Noisy 
House,  . 

37 

26 

1 

1 

1 

1 

6 

1 

434  56 

License  Law  and  Noisy 
and  Gambl'g  House, 

1 

1 

9  44 

16  ATTORNEY  GENERAL'S  REPORT 

Table  I. — Contiiuied. 


[Feb. 


OFFENCES. 

.2 
1 

c 
.2 

> 

c 

1 

y 

■o 

1 

1 

o 

1 

COSTS. 

License  Law  and  Noisy 
and  Disord'ly  House, 

License  Law  and  Sun- 
day &  Noisy  House, 

License    and    Sunday 
Law,     . 

Lottery,    . 

Lottery  Tickets,  Infor- 
mation against. 

Lunatic,    . 

Malicious  Mischief,     . 

Malicious       Trespass, 
&c,      .         .         . 

Manslaughter,  &c.,     . 

Medical     Mal-practiee 
and  Manslaughter,  . 

Misdemeanor,    Letting 
Furniture  to  furnish 
Brothels,     knowing, 
&c.. 

Murder,    . 

Noisy  House,  &c., 

Noisy  House  &  Broth- 
el,        ..         . 

Noisy  House   and  Li- 
cense Law,     . 

Noisy     House,      Nui- 
sance, &c.,     . 

Noisy   and   Disorderly 
House,  &c.,   . 

Noisy  and   Disorderly 
House  and  Brothel, 

1 

1 

42 
3 

1 

26 

2 

3 
1 

1 

1 
1 
3 

2 

1 

5 

11 

8 

1 

38 

1 

1 
26 

1 

2 

5 
5 

6 

• 
1 

1 

1 

' 

1 

1 

1 

1 
1 

1 
1 

4 
2 

1 

#17  71 

26  03 

420  33 
127  03 

10  38 

492  05 

16  53 

32  65 
25  80 

8  21 

52  04 

27  23 

28  72 
8  91 

64  54 
126  67 
134  46 

1850.] 


HOUSE— No.  48. 
Table  I — Continued. 


17 


OFFENCES. 

1 
1 

i 

< 

-6 
St 

bio 

c 

o 

1 

o 

<5 

^  bJO 

COSTS. 

Noisy   and   Disorderly 
House,  Brothel,  and 
License  Law, 

1 

1 

#17  59 

Noisy   and   Disorderly 
House,  Nuisance,    . 

1 

. 

1 

. 

. 

26  10 

Nuisance, 

5 

2 

. 

1 

1 

1 

50  26 

Nuisance  in  Harbor,   . 

2 

1 

1 

35  92 

Offence  not  mentioned. 

1 

. 

. 

1 

Office     breaking     and 
Larceny, 

1 

1 

. 

. 

. 

21  83 

Omnibus,      Ordinance 
cases,    . 

18 

18 

. 

. 

171  40 

Ordinance,  City,  viola- 
tion of,  . 

2 

1 

1 

24  89 

Ordinance  as  to  Mar- 
ket, violation  of. 

1 

1 

. 

9  12 

Perjury,     . 

4 

. 

' 

4 

49  92 

Perjury    and    License 
Law, 

1 

1 

5  29 

Perjury  and   Suborna- 
tion of  Perjury, 

1 

. 

1 

1  97 

Publishing    Advertise- 
ment   for    Abortion, 
&c.,  under  new  stat- 
ute. 

2 

2 

10  38 

Rape,        . 

2 

. 

1 

1 

97  57 

Receiv'g  Stolen  Goods, 
&c.,      . 

20 

9 

3 

3 

1 

2 

2 

519  42 

Receiving  Stolen  Mon- 
ey, with  guilty  knowl- 
edge, «fcc.,      . 

1 

1 

25  56 

Resisting  a  Watchman, 
attempting  a  Rescue, 
&c.,      . 

1 

19  33 

18 


ATTORNEY  GENERAL'S  REPORT. 


[Feb. 


Table  1 — Contbnicd. 


OFFENCES. 

s 

1 

'5 
-15 

•p 

Z 

tuo 

o 
2 

1 

i 

COSTS. 

Riot  and  Assault,  &c., 

2 

1 

. 

, 

1 

#130  78 

Riot,  and  Assault  and 
Battery, 

2 

1 

, 

1 

90  03 

Riot,    and    Assaulting 
Watchmen  and  Offi- 
cers, 

1 

1 

51  60 

Sending  threatening  let- 
ters   to    extort    mon- 
ey, &c.. 

3 

a 

1 

11  21 

Ship-hreaking  and  Lar- 
ceny,    . 

1 

1 

47  15 

Ship-breaking  and  Lar- 
ceny, attempt  at, 

1 

1 

. 

, 

22  19 

Shop-breaking  and  Lar- 
ceny,    . 

32 

25 

3 

. 

1 

1 

2 

1,002  94 

Shop-breaking  and  Lar- 
ceny, attempt  at. 

2 

1 

, 

1 

29  17 

Shop-breaking  and  at- 
tempt at  Larceny,    . 

2 

2 

38  40 

Shop-breaking  and  Lar- 
ceny, and  receiving 
Stolen  Goods,  «Si-c.,  . 

1 

1 

' 

42  23 

State  Prison,    Second 
comer,  . 

13 

13 

. 

141  22 

po.          Third          do. 

2 

2 

. 

. 

22  44 

Stubborn  Child, 

1 

1 

10  28 

Sunday  Law, 

5 

5 

. 

58  41 

Threatening  to  Accuse 
for  extorting  Money, 

1 

1 

. 

34  94 

Uttering  a  Counterfeit 
Check  on  a  Bank,    . 

1 

1 

17  26 

Uttering  a  Forged  Ac- 
ceptance, with  guilty 
knowledge,     . 

1 

1 

56  67 

1850.] 


HOUSE— No.  48. 


19 


Table  I — Continued. 


^            1 

sn 

r— ^1 

OFFENCES. 

•2 

3 

% 

2 
'3 

1 

n 

s 
s 
s 

§1 

COSTS. 

cr 

o  f 

t- 

O 

< 

E, 

M 

z 

'^ 

Q 

Uttering  a  Forged  Note, 

1 

. 

1 

. 

Vessel-breaking  &  Lar- 

ceny,     . 

5 

5,    . 

• 

^176  31 

1593 

953   90 

1 

124 

109|  161 

94 

62 

#25,530  11 

Tlie  Attorney  of  the  Commonwealth  for  the  county  of  Suf- 
folk, in  addition  to  the  business  embraced  in  the  foregoing  Ta- 
bles, states  in  his  Report  as  follows  : — 

"In    reference   to  the   municipal   court,   there    has  been  an 
increase  of  important  business  during  the  past  year,  and,  in  addi- 
tion to  the  great  number  of  persons  sent  for  long  periods  of  time 
to  the  several  penitentiaries  for  adults  and   minors,  the  sherifi" 
of  this  county  has  received  for  fines  and  costs,  imposed  by  this 
court,  within  the  year,  the  sum  of  eighteen  thousand  four  hun- 
dred and  ninety-eight  dollars  and  fifty-one  cents,  $18,498  51 
And  the  jailor  has  received  a  further  sum,  upwards 
of  twenty-five  hundred  dollars,  for  the  like  fines 
and   costs,  paid  in  jail,  by  persons  sentenced  in 
the  court,  _  -  -  -  _        2,500  00 

And  I  have  paid  over  to  the  treasurer  of  the  Com- 
monwealth, the  sum  of  eleven  thousand  two 
htmdred  and  seventeen  dollars  and  eighty-four 
cents,  collected  on  recognizances  in  criminal 
cases,  from  the  bail  of  persons  who  have  avoid- 
ed, and  fled  from  justice,  _  -  _      11,217  84 


$32,216  35 


"  In  the  court  of  common  pleas  I  commenced  an  action  of  debt, 
in  the  name  of  the  Commonwealth,  on  a  bond,  given  at  the  jail, 
for  prison  hmits,  the  condition  of  which  was  broken,  and  I  re- 
covered judgment  in  October  term,  1849,  for  debt,        $115  18 


20  ATTORNEY  GENERAL'S  REPORT.  [Feb. 

And  costs  of  suit,  _  .  _  .  ^15  21 

And  for  the  execution,     -  -  -  -  0  25 


$130  64 


"  In  the  supreme  judicial  court,  at  the  March  term,  1849,  I 
argued  the  Commonwealth's  questions  of  law,  before  the  full 
bench,  and  had  the  general  oversight  and  management  of  the 
other  cases. 

"And  I  conducted  a  capital  trial  for  murder  against  Wash- 
ington Goode.  He  was  convicted  by  the  jury,  on  the  4th  day 
of  January,  1849,  and  afterwards  was  executed. 

"  1  have  examined,  at  request  of  His  Excellency  the  Gov- 
ernor, and  given  written  opinions  in  fifteen  cases  of  requisitions 
of,  and  for  fugitives  from  justice. 

"On  one  occasion  I  have  been  consulted  by  the  Treasurer  of 
the  Commonwealth,  and  gave  a  written  opinion  on  the  question 
proposed. 

"In  eleven  instances,  I  have  been  notified  by  poor  debt- 
ors confined  in  prison  on  executions  for  debt  in  favor  of  the 
Commonwealth  ;  and  in  all  those  cases  I  have  drawn  up  inter- 
rogatories in  writing,  and  had  them  carefully  examined,  before 
they  were  admitted  to  take  the  poor  debtors'  oath." 


1850.J 


HOUSE— No.  48. 


21 


Eastern  District. 


Table  II 

Essex  County  constitutes  this  District 
ESSEX  COUNTY. 


OFFENCES. 

c 
.2 

a 

< 

1 

p- 

■o 

n 

1 

c 

1 

5 
o 
2 

Def 'It  on  Re- 
cognizance. 

o 

Against  the  person,  fe- 
loniously, 

2 

1 

1 

#155  84 

Against  the  person,  not 
feloniously,     . 

35 

18 

7 

f 

J         8 

1,038  35 

Against  property,  witli 
violence, 

14 

8 

. 

] 

L         5 

906  88 

Against  property,  with- 
out violence,  , 

31 

9 

6 

J         6 

8 

791  00 

Other  offences,  . 

185 

67 

4 

li 

>       83j  19 

3,907  94 

Total, 

267 

102 

18 

i: 

^     102 

28 

#6,800  01 

Table  of  Offences. 

Adultery, 

4 

2 

2 

387  68 

Assault,    . 

3 

2 

I 

32  85 

Assault  and  Battery,   . 

23 

8 

] 

L         8 

• 

708  64 

Assault  on  an  Officer, 

3 

3 

, 

88  05 

Assault,  aggravated,   . 

5 

4 

150  01 

Affray,      . 

. 

15  65 

Burglary, 

1 

17  93 

Bigamy,    . 

1 

2  75 

Burning  Barn,    . 

1 

55  34 

Cheating, 

. 

23  35 

Common  Drunkard,     . 

5 

. 

f 

i         2 

152  03 

Common  Carrier, 

4 

. 

4 

82  28 

22  ATTORNEY  GENERAL'S  REPORT.  [Feb. 

Table  II — Continued. 


OFFENCES. 

.2 

1 

'5 

-3 

£ 

! 

o 

COSTS. 

Disorderly  House, 

^ 

1 

3 

' 

#179  97 

Disturbing  Peace, 

3 

2 

1 

59  06 

Escape,     . 

1 

1 

16  34 

Forgery,   . 

1 

1 

8  87 

Gaming,   . 

2 

2 

29  60 

Highway, 

9 

. 

1 

5 

3 

139  56 

Larceny,  . 

27 

9 

6 

2 

3 

7 

696  04 

License  Law,     , 

120 

53 

1 

6 

56 

4 

2,080  41 

Lottery,     . 

3 

3 

. 

37  09 

Lewdness, 

1 

1 

17  40 

Lewd   and    Lascivious 

Cohabitation, 

2 

2 

47  38 

Libel,        . 

1 

1 

16  04 

Murder,    . 

1 

1 

147  14 

Nuisance, 

8 

3 

5 

137  29 

Obstructing  Cars, 

1 

. 

22  94 

Peddling, 

2 

• 

■ 

1 

35  23 

Perjury,     . 

3 

1 

2 

66  29 

Riot, 

1 

121  41 

Riot  and  Assault, 

1 

58  80 

Rape,  attempt  to  com- 
mit, 

1 

1 

8  70 

Rescue,  attempt  to,     . 

1 

1 

33  43 

Receiving  Stolen  Goods 

2 

. 

2 

. 

62  74 

1850. 


HOUSE— No.  48. 


23 


Table  II — Continued. 


OFFENCES. 

J 

2 
.5 

J 

i 

< 

1 

2 

tio 

1 

o 

1 
1 

(3 
O 

2 

^  "c, 

COSTS. 

Sodomy,    . 
Shop-breaking, 
Sunday  Law,      . 
Trespass, 
Vagabond, 

3 

10 

3 

2 

1 

3 

6 

1 

■ 

1 

4 
2 
1 

1 

#135  09 

764  99 

81  91 

68  62 

10  21 

267 

102i  18 

17 

102 

28 

#6,800  01 

24 


ATTORNEY  GENERAL'S  REPORT. 


[Feb. 


NORTHERN  DISTRICT. 

This  district  comprises  the  county  of  Middlesex. 

Of  the  cases  mentioned  in  this  report,  111  were  appeals, — of 
which  the  following  disposition  was  made,  viz.  : — 38  convic- 
tions, 16  acquittals,  7  quashed,  29  nol.  pros'd,  S  defaulted  on 
recognizances,  and  13  are  still  pending. 

Table  III.     Northern  District. 


OFFENCES. 

1 
2 

.'5 

a 

6 

i 

p^ 

■o 
2 

1 

o 
Z 

i 
1 

o 

COSTS. 

Against  the  person,  fe- 
loniously, 

8 

1 

' 

6 

1 

_ 

.$265  82 

Against  the  person,  not 
feloniously,     . 

67 

26 

11 

6 

12 

12 

. 

• 

1,807  56 

Against  property,  witli 
violence. 

40 

19 

5 

2 

10 

3 

1 

1,524  08 

Against  property,  witli- 
out  violence,  . 

94 

62 

10 

4 

7 

7 

2 

2 

3,285  42 

Other  offences,  . 

215 

104 

12 

40 

31 

13 

4 

11 

5,136  70 

Total, 

424 

212 

38 

52 

66 

36 

6 

14 

#12,019  58 

Table  of  Offences. 

Adultery, 

10 

5 

. 

2 

2 

1 

• 

509  48 

Altering  Bank  Bill,     . 

1 

. 

I 

0  65 

Arson, 

4 

3 

1 

^ 

252  66 

Assault  and  Battery,   . 

45 

19 

9 

5 

5 

7 

1,266  27 

Assault,  felonious, 

5 

1 

3 

1 

200  04 

Bowls, 

2 

2 

. 

. 

52  35 

Burglary, 

3G 

17 

5 

I 

9 

3 

1,329  76 

Burglary   and   attempt 
at  Arson, 

1 

1 

. 

88  49 

1850.] 


HOUSE— No.    18. 


25 


Table  III — Cont'mued. 


OFFENCES. 

c 

i 

.2 

1 

5 

5 

o 

1 

o 

o 

COSTS. 

Burglary,  attempt  at,  . 

1 

1 

. 

m  28 

Cheating, 

3 

• 

1 

2 

93  31 

City  Ordinance,  viola- 
tion of,  . 

7 

. 

6 

1 

88  53 

Common  Drunkard,     . 

15 

11 

2 

2 

. 

. 

268  65 

Common     Railer    and 
Brawler, 

1 

1 

* 

43  12 

Counterfeiting,  . 

5 

5 

. 

. 

. 

• 

18  54 

Counterfeit  Coin, 

1 

. 

0  65 

Counterfeit  Coin,  pos- 
session of. 

1 

^ 

1 

46  94 

Counterfeit  Money,  ha- 
ing,  with  intent,  «fcc.. 

3 

. 

1 

2 

. 

1 

33  54 

Counterfeit  Money  and 
Altered  Bills,  utter- 
ing,       . 

' 

5 

78  08 

Delivering    Spirits    to 
Prisoners, 

3 

3 

• 

33  46 

Disorderly  House, 

3 

1 

. 

1 

1 

* 

82  28 

Embezzlement,  . 

1 

1 

• 

26  70 

Escape,     . 

2 

2 

• 

• 

16  78 

Extortion, 

1 

1 

16  41 

False  Pretences, 

6 

1 

1 

4 

91  74 

Fornication, 

5 

5 

62  56 

Larceny,  . 

86 

59 

8 

3 

7 

C 

2 

1 

2,829  18 

Larceny,  from  the  per- 
son. 

1 

1 

1 

j 

1 
•    1    • 

8  35 

Lewd   and    Lascivious 
Cohabitation, 

6 

3 

1 

1 

1 

1    • 

215  07 

26  ATTORNEY  GENERAL'S  REPORT.  [Feb. 

Table  III — Cofitimied. 


OFFENCES. 

1 

1 

1 
'3 

< 

1 

B 
o 

o 

If 

COSTS. 

Lewd  and   Lascivious 

Person, 

1 

• 

. 

$17  98 

Libel, 

5 

. 

. 

3 

2 

226  70 

License  Law,     . 

118 

56 

7 

24 

14 

6 

2 

9 

2,304  15 

Malicious  Mischief,     . 

5 

1 

2 

1 

83  32 

Murder,    . 

3 

3 

65  78 

Nuisance, 

10 

2 

6 

2 

142  87 

Obstructing  Road, 

1 

. 

50  79 

Perjury,    . 

• 

2 

1 

343  00 

Perjury,  subornation  of, 

. 

1 

0  97 

Poisoning  Cattle, 

1 

29  10 

Polygamy, 

1 

151  76 

Pub.  Amusement,  with- 
out License,  . 

. 

1 

. 

22  93 

Receiving  Stolen  Goods 

1 

1 

36  10 

Removing  Land  Marks, 

1 

. 

167  48 

Rescue,    . 

1 

24  70 

Riot, 

3 

. 

1 

460  56 

Sureties  of  Peace, 

. 

11  47 

Town  By-law,  violation 

of,          . 

1 

18  32 

Trespass,  Malicious,   . 

1 

54  78 

Trespass,  Wilful, 

21  95 

424 

212 

38 

52 

66 

36 

6  1 

14 

#12,019  58 

1850.J 


HOUSE— No.  48. 


27 


SOUTHERN  DISTRICT. 

This  district  comprises   the  counties  of  Bristol,   Plymouth, 
Nantucket,  Barnstable,  and  Dukes. 

Table  IV.     Southern  District. 
BRISTOL  COUNTY. 


OFFENCES. 

1 

a 

J 

< 

y 

2 

a 

Pi 

1 

w 

o 

z. 

1 
1 

II 

COSTS. 

Against  the  person,  fe- 
loniously. 

Against  the  person,  not 
feloniously,     . 

Against  property,  with 
violence. 

Against  property,  with- 
out violence,  . 

Other  offences,  . 

1 

21 

9 

51 
145 

8 
5 

33 

66 

3 
4 

2 

4 
27 

4 
34 

1 

4 

4 

13 
6 

1 

8 

#246  23 

128  19 

764  79 
1,705  13 

Total, 

227 

112 

7 

33 

38 

28 

9 

#2,844  34 

Table  of  Offences. 

Adultery, 

Arson, 

Assault  and  Battery,  . 

Assault  on  an  Officer, 

Assault,  with  intent  to 
Ravish, 

Burglary, 

Breaking  Jail,    . 

Disturbing  Peace, 

Disorderly  House, 

4 

1 

19 

2 

1 
5 

1 
1 
8 

3 

7 
1 

5 

1 

8 

3 

2 

1 
4 

1 

1 
3 

1 

1 

59  52 

215  04 
31  19 

128  19 
3  83 

182  56 

28 


ATTORNEY  GENERAUS  REPORT. 


[Feb. 


Table  IV — Contimted. 


OFFENCES. 

.1 

i 

1 

§ 

'3 
< 

1 

1 
in 

1 

o 

1 

o 

1^ 

COSTS. 

Drunkenness,     . 

14 

6 

3 

4 

1 

#104  84 

Escape,     . 

1 

. 

1 

20  74 

Exposure  of  Person,   . 

1 

1 

22  5G 

Forgery,   . 

1 

1 

16  49 

Gambling, 

2 

2 

• 

• 

11  47 

License  Law,     . 

69 

39 

1 

18 

4 

3 

4 

947  82 

Lewd   and   Lascivious 
Cohabitation, 

2 

2 

. 

. 

15  56 

Larceny  &  Shop-break- 
ing, 

49 

32 

. 

3 

13 

1 

737  45 

Malicious  Mischief,     . 

4 

1 

2 

1 

11  12 

Nuisance, 

23 

2 

. 

1 

19 

1 

188  98 

Peddling, 

1 

• 

• 

1 

) 

Polygamy, 

1 

• 

• 

1 

• 

Receiving  Stolen  Goods 

1 

• 

10  85 

Robbery,  . 

3 

3 

Rescue,    . 

1 

1 

20  74 

Scu-e  Facias,      .         ; 

8 

2 

2 

2 

76  60 

Sunday  Law,     . 

2 

1 

30  40 

Vagrancy, 

2 

2 

• 

8  39 

227 

112 

7 

33 

38 

28 

1     9 

$2,844  34 

1350.] 


HOUSE— No.  48. 


29 


Table  V.     Southern  District — Contimicd. 
PLYMOUTH  COUNTY. 


OFFENCES. 

1 

5 

§ 

i 

'B 

's 

•o 

1 

o 

1 
i 

CO 

1 

It 

COSTS. 

Against  the  person,  fe- 
loniously, 

, 

. 

. 

Ag'ainst  the  person,  not 
feloniously,     . 

6 

3 

. 

3 

#53  83 

Against  property,  with 
violence. 

3 

1 

2 

63  25 

Against  property,  with- 
out violence,  . 

19 

14 

1 

4 

330  00 

Other  offences,  . 

20 

8 

5 

3 

4 

280  96 

Total, 

48 

26 

6 

3 

13 

#728  04 

Table  of  Offences. 

Adultery, 

3 

1 

2 

17  84 

Arson, 

2 

1 

* 

1 

63  25 

Assault  and  Battery,  . 

6 

3 

3 

53  83 

Burglary, 

1 

1 

Conspiracy, 

1 

• 

' 

Exhibition,  unlawful,  . 

1 

. 

1 

. 

Gaming,    . 

3 

1 

1 

. 

29  91 

License  Law,     . 

4 

• 

157  63 

Larceny  &  Shop-break- 
ing, 

19 

14 

. 

4 

330  00 

Nuisance, 

7 

5 

2 

. 

40  17 

Sunday  Law,     , 

1 

1 

35  41 

48 

26 

6 

3 

13 

#728  04 

30 


ATTORNEY  GENERAL'S  REPORT 


[Feb. 


Table  VI.     Southern  District — Cont'mved. 
BARNSTABLE  AND  NANTUCKET. 


OFFENCES. 

i 
■i 

a 

■i 

.a 

> 

i 

1 
1 

< 

I 

T 

m 

o 

■2 
1 

o 

1! 

COSTS. 

Against  the  person,  fe- 
loniously, 

. 

. 

. 

Against  the  person,  not 
feloniously,     . 

2 

1 

1 

. 

$38  20 

Against  property,  with 
violence. 

' 

. 

Against  property,  witli- 
out  violence,  . 

7 

3 

1 

3 

. 

102  22 

Other  offences,  . 

44 

32 

1 

1 

9 

1 

328  48 

Total, 

53 

36 

1 

3 

9 

4 

• 

#468  90 

Table  of  Offences. 

BARNSTABLE. 

Adultery, 

1 

• 

1 

• 

• 

Assault  and  Battery,  . 

2 

1 

. 

. 

38  20 

License  Law,     . 

31 

31 

. 

. 

. 

. 

274  1^ 

Larceny  &  Shop-break- 
ing, 

4 

1 

. 

2 

53  78 

Nuisance, 

2 

1 

. 

7  83 

Receiving  Stolen  Goods 

1 

• 

. 

• 

. 

1  75 

NANTUCKET. 

Larceny  &  Shop-break- 
ing, 

2 

1 

. 

1 

46  69 

Malicious  Mischief,     . 

1 

. 

1 

. 

9  97 

Nuisance, 

1 

. 

1 

. 

. 

. 

35  92 

Rescue,    . 

8 

. 

• 

8 

• 

. 

• 

53 

36 

1 

3 

9 

4  1    .    1    . 

#468  90 

1S50. 


HOUSE— No.  48. 


31 


Table   VII.      Recapitulation.     Whole    No.    in   the   Southern 
District. 


OFFENCES. 

B 
3 

a 
•:= 
> 

4 

'a 

1 

o 

1 

S 

to 

o 

^1 

COSTS. 

Against  tlie  person,  fe- 
loniously, 

1 

• 

1 

. 

Against  the  person,  not 
feloniously,     . 

29 

12 

3 

3 

4 

7 

. 

#336  26 

Against  property,  with 
violence, 

12 

6 

. 

6 

. 

191  44 

Against  property,  with- 
out violence,  . 

77 

50 

6 

20 

1 

1,197  01 

Other  offences,  . 

209 

106 

5 

33 

46 

11 

8 

2,314  57 

Total, 

328 

174 

8 

42 

50 

45 

_ 

9 

#4,041  28 

32 


ATTORNEY  GENERAL'S  REPORT. 


[Feb. 


MIDDLE  DISTRICT. 

This  district  comprises  the  counties  of  Worcester  and  Nor- 
folk. 

Table  VIII.     Middle  District. 

WORCESTER  COUNTY. 


OFFENCES. 

3 

i 

1 

6 

i 

"1 
< 

1 

bb 

1 

c5 

o 
Z 

■6 

a 

COSTS. 

Against  the  person  fe- 
loniously. 

Against  the  person  not 
feloniously, 

Against  property  with 
violence. 

Against  property  with- 
out violence,    - 

Other  offences,   - 

3 

37 

4 

36 
402 

2 
11 

20 
213 

4 
3 

3 

6 

9 
1 

5 

30 

1 

13 

7 
148 

1 

5 

#337  63 

578  40 

317  70 

868  45 
2,252  99 

Total, 

482 

246 

16 

45 

169 

6 

$4,355  17 

Table  of  Offences. 

Adultery, 

Arson, 

Assault  and  Battery,   . 

Assault  on  an  Officer, 

Brawler,    . 

Bowling  Alley,  . 

Common  Drunkard,     . 

Contempt, 

Cheating, 

Counterfeit  Money,     . 

6 
2 

33 
4 

1 
6 
17 

7 
4 

1 

4 

7 

4 

1 

3 
6 

1 

2 
4 

1 

• 

1 

9 

2 
1 

1 

13 

1 
5 

10 
1 
3 

1 

327  78 
295  25 
511  37 

67  03 

53  13 

82  13 
28  13 
31  07 
40  60 

18.50.] 


HOUSE— No.  48. 


33 


Table  VIII — Cotitiniied. 


OFFEiNCES. 

i 

.9. 

.2 

'> 

c 

O 

'5 

z 

< 

2 

Oh 

bJO 

■3 

o 
Z 

1 

o 

COSTS. 

Disorderly  House, 

2 

1 

, 

. 

1 

Employing  Children  in 
Factory,  witliout  In- 
struction, 

4 

3 

#22  08 

Embezzlement,  . 

2 

1 

107  03 

Fast  Driving,     . 

1 

8  36 

Gaming,    . 

6 

4 

, 

44  00 

Idleness,   . 

2 

. 

101  35 

Larceny,  . 

29 

3 

3 

1 

689  75 

License  Law,     . 

319 

182 

5 

20 

108 

4 

1,318  20 

Murder,    . 

2 

1 

260  40 

Manslaughter,    . 

3 

77  23 

Mischief,  . 

1 

10  75 

Nuisance, 

20 

2 

14 

185  08 

Robbery,  . 

1 

Rescue,    . 

1 

1 

. 

45  27 

Shop-breaking,  . 

1 

1 

22  45 

Scire  Facias,      . 

9 

9 

20  73 

482 

246 

16 

45 

169^    . 

i     G 

#4,355  17 

34 


ATTORNEY  GENERAL'S  REPORT. 


[Feb. 


Table  IX.     Middle  District — Continued. 
NORFOLK  COUNTY. 


OFFENCES. 

1 
1 

Convictions. 
Acquittals. 

-5 

s 

i 

B 
S 

t 

0 

^  2 

COSTS. 

Against  the  person,  fe- 
loniously, 

Against  the  person,  not 
feloniously,     . 

Against  property,  with 
violence, 

Against  property,  with- 
out violence,  . 

Other  offences,  . 

16 

21 

17 
93 

9 

15 

14 
34 

1 

2 

1 
4 

2 

2 

1 
25 

3 

1 

'28 

• 

1 

1 

1 
2 

$279  88 

1,310  67 

314  32 
654  47 

Total, 

147 

72 

8 

30 

32 

5 

$2,559  34 

Table  of  Offences. 
Assault  and  Battery,   . 
Assault  on  an  Officer, 
Bowling  Alley, 
Burning  Dwellinghouse 
Burning  Bam,    . 
(Cheating, 
('melty  to  Horse, 
( 'ontempt, 

Common  Drunkards,    . 
Dninkenness,     . 
Disturbance, 
Fast  Driving,     . 
Firing  Crackers, 

14 
2 

4 
1 
6 
2 

1 
2 
3 
1 
1 
1 
o 

7 
2 
2 

4 
2 

2 

• 

1 

1 
1 

1 

2 
1 

1 

2 

1 
1 

2 

3 
1 

1 

. 

1 

* 

1 

242  76 

37  12 

73  05 

485  62 

451  03 

34  51 

17  01 

12  87 

36  71 

9  42 

25  98 

1850.] 


HOUSE— No.  48. 


35 


Table  IX  —  Contbwcd. 


OFFENCES. 

.1 

s 
p 

.1 
3. 

•3 

■6 
I 
■o 

a 
m 

5 

o 

Def 'It  on  Re- 
cognizance. 

o 

House-breaking, 
License  Law,     . 
Larceny,  . 
Mischief,  . 
Nuisance, 
Obstructing  Cars, 
Shop-breaking,  . 
Threatening  Letter,    . 
Trespass, 

5 

59 

15 

4 

12 
2 
8 
1 
1 

5 

28 
12 

" 

2 

6 

2 

1 
1 

10 

3 
5 

1 

• 
18 

7 

1 
1 

1 
1 

1 

$151  78 

329  27 

279  81 

70  2<> 

62  39 

17  51 

222  24 

147 

72 

8 

30 

32 

_ 

5 

$2,559  34 

Table  X.     Recapitulation.     Whole  No.  in  Middle  District. 


OFFENCES. 

a 

s 
> 

1 

1 

s 

1 
1 

o 

2 

T3 

? 
z 

C    S 

1^" 

COSTS. 

Against  the  person,  fe- 
loniously, 

3 

2 

• 

1 

$337  68 

Against  the  person,  not 
feloniously,     . 

53 

20 

5 

11 

16 

1 

858  28 

Against  property,  with 
violence, 

25 

15 

5 

3 

1 

1 

1,628  37 

Against  property,  with- 
out violence,  . 

53 

34 

4 

6 

7 

2 

1,182  77 

Other  offences,  . 

495 

247 

10 

55 

176 

7 

2,907  46 

Total, 

629 

318 

24 

75 

201 

11 

$6,914  51 

36 


ATTORNEY  GENERAL'S  REPORT. 


[Feb. 


WESTERN  DISTRICT. 

This  district  comprises  the  counties  of  FTarapshire,   Hamp- 
den, Franklin,  and  Berkshire. 

Table  XI.     Western  District. 
HAMPSHIRE  COUNTY. 


OFFENCES. 

i 

5 

1 

§ 
'3 

1 

g 

o 

COSTS. 

Against  the  person,  fe- 
loniously. 

Against  the  person,  not 
feloniously,     . 

Against  property,  with 
violence, 

Against  property,  with- 
out violence,  . 

Other  offences,  . 

4 

6 

27 
54 

1 

6 

33 
24 

6 
6 

1 

5 

2 

1 
13 

6 
6 

1 

#112  94 
183  09 

410  G3 

848  44 

Total, 

91 

44 

12 

6 

16 

12 

1 

$1,555  10 

Table  of  Offences. 

Assault,  &c., 

Breaking  Jail,    . 

Burglary, 

Capias  for  Contempt,  . 

Common  Drunkard,     . 

Counterf 't  Money,  pass- 
ing,      . 

House-breaking, 

Indecent  Exposure,     . 

Larceny,  . 

4 
2 
2 
2 

4 

1 

1 

21 

1 

1 
2 
2 
1 

3 
1 

10 

1 

G 

1 
1 

2 
1 

] 
3 

1 

112  94 
2G  07 

3G  CO 
3  10 

28  9G 

67  08 

25  01 

37  11 

292  88 

1850.J 


HOUSE— No.  48. 
Table  XI — Continued. 


OFFENCES. 

s 
.2 

J 

■I 

< 

•o 
2 

fan 
c 

•5 

o 

to 
c 
Z 

^1 

~   bo 

COSTS. 

Lewd   and   Lascivious 
Cohabitation, 

License  Law,     . 

Malicious  Mischief,     . 

Nuisance, 

Polygamy, 

Receiving  Stolen  Goods 

Riot, 

Shop-breaking,  . 

2 

36* 
2 
4 
1 
2 
3 
3 

16 
1 

2 
3 

3 

1 
1 

1 
3 

10 
1 
2 

4 
1 

1 

2 

#73  48 

425  39 

1  60 

137  24 

0  75 

50  67 

114  74 

121  48 

91 

44 

12 

6 

16     12 

1 

#1,555  10 

'  5  continued  from  1845,  still  pending. 


38 


ATTORNEY  GENERALS  REPORT. 


[Feb. 


Table  XII,     Western  District — Continued. 
HAMPDEN  COUNTY. 


OFFENCES. 


Against  the  person,  fe- 
loniously, 

Against  the  person,  not 
feloniously,     . 

Against  property,  with 
violence, 

Against  property,  with- 
out violence,  . 

Other  oifences,  . 

Total, 


17 


47 


14 


21 


17 


30 


15 


#129  10 

636  20 

212  77 

833  25 
1,423  34 


#3,234  66 


Table  of  Offences. 

Adultery, 

Aiding  Prisoner  to  Es- 
cape,    . 

Assault,  &c.. 

Assault,  aggravated,   . 

Assault,  felonious. 

Assault  on  an  Officer, 

Billiard    Table,   keep- 
ing, 

Bowling   Alley,   keep- 
ing,      . 

Burning  Store-house,  . 

Capias  for  disregarding 
Summons, 

Common  Drunkard,     . 


1   1 


109  80 

61  91 
429  35 
56  71 
129  10 
150  14 


76  69 
22  76 

7  32 
17  38 


1850. 


HOUSE— No.  48. 


39 


Table  XII — Cotitinued. 


OFFENCES. 

c 

1 

a 

o 

U 

5 

1 

< 

— " 

e 

Ph 

■o 

z 

1    ^ 

a!. 

No  Bill. 
Not  arrested. 

Dei'lt  on  Re- 
cognizance. 

COSTS. 

Destroying      Personal 
Property, 

2 

2 

j 

$22  02 

Disturbing  Public  Wor- 

ship,     . 

1 

•' 

• 

0  65 

Drunkenness,     . 

. 

. 

1 

10  53 

False  Pretences, 

. 

1 

1 

5 

. 

222  90 

Fornication, 

1 

2 

79  30 

Gaming,  suffering. 

. 

84  36 

House  of  Ill-fame, 

2 

1 

• 

34  14 

Larceny,  . 

29 

10 

3 

7 

1 

G 

771  65 

Lascivious  Cohabitation, 

2 

■ 

. 

2 

36  41 

License  Law,     . 

8 

3 

, 

3 

2 

. 

63  28 

Malicious  Mischief,     . 

8 

2 

3 

1 

2 

215  58 

Not  providing  suitable 
House  of  Correction, 

1 

. 

1 

. 

1  94 

Nuisance, 

5 

4 

1 

1 

j 

35  19 

Polygamy, 

2 

1 

1 

. 

77  0] 

Profane  Swearing, 

1 

1 

. 

17  72 

Receiving  Stolen  Goods 

3 

1 

1 

1 

61  60 

Scire  Facias, 

17 

3 

9 

. 

1       4 

47  64 

Selling    Unwholesome 
Provisions,      . 

» 

. 

1 

42  26 

Setting  up  a  Lottery,   . 

1 

* 

1 

37  71 

Setting  up  a  Show, 

' 

1 

■    1    ■ 

143  62 

Shop-breaking,  . 

4 

3 

1 

. 

! 
■  i  • 

167  99 

u. 

47 

14 

21 

17 

30 

5  j  15 

$3,234  m 

40 


ATTORNEY  GENERALS  REPORT. 


[Feb. 


Table  XIII.     Western  DisxracT — Conlhmed. 
FRANKLIN  COUNTY. 


OFFENCES. 

o 

1 

S 

c 

% 

o 

U 

1 

< 

% 

o 
2 

1 

o 
Z 

~  St 

COSTS. 

Against  the  person,  fe- 
loniously, 

Against  tlie  person,  not 
feloniously,     . 

Against  property,  with 
violence. 

Against  property,  with- 
out violence,  . 

Other  offences,  . 

2 

|20 

4 

6 
61 

7 
1 

2 

29 

1 
1 

. 

1 

2 

7 

1 
11 

2 

5 

1 

2 
15 

1 

3 

$70  30 
594  40 
398  37 

153  62 

999  41 

Total, 

93 

39 

2 

4 

19 

25 

1 

3 

$2,222  16 

Table  of  Offences. 

Adultery, 

Assault  and  Battery,   . 

Assault,  felonious, 

Assault  on  an  Officer, 

Bowling  Alley, 

Burning  Barn,    . 

Carrying  a  Pauper  to 
another  Town, 

Common  Drunkard,     . 

Drugs,   Administering, 

Forcible  Entry, 

House-breaking, 

Larceny,  . 

1 
19 
1 
1 
3 
1 

1 
1 
1 
2 
1 
6* 

1 

0 

1 
2 

1 
2 

1 
1 

1 

1 

7 
1 

5 
1 

1 

1 

. 
1 
2 

1 

53  20 
511  60 
15  52 
82  8(5 
56  93 
174  21 

1  67 

28  48 
10  59 

202  81 
21  35 

153  62 

1  comiiiued  from  1848. 


1850.] 


HOUSE— No.  48. 


41 


Table  XIII — Continued. 


OFFENCES. 

I 

> 

a 

6 

i 

s 

1 

T5 

bjo 

1 

1 

! 

1 

i 
1 

II 

COSTS. 

License  Law,     . 
Malicious  Mischief,     . 
Malicious  Trespass,    . 
Murder,    , 
Perjury,    . 
Sabbath  Law,     . 
Threatening,  &c., 

46* 
2 
1 
1 
2 
1 
2 

23 
1 

1 

2 

8 

1 
2 

10 

1 

■ 
1 

2 

. 

3 

$712  58 
46  01 
35  37 
60  78 
33  01 
2  97 
18  60 

93 

39 

2 

4 

19 

25 

1 

3 

^.,999.  16 

'  6  continued  from  1848. 


42 


ATTORNEY  GENERAL'S  REPORT. 


Feb. 


Table  XTV.     Western  District — Contiimed. 
BERKSHIRE  COUNTY. 


OFFENCES. 

5 
1 

1 

c 
O 

1 

1 

< 

1 

o 
Z 

o 
Z 

COSTS. 

Against  the  person,  fe- 
loniously, 

2 

1 

1 

#92  07 

Against  the  person,  not 
feloniously,     . 

28 

9 

5 

5 

3 

1 

5 

592  27 

Against  property,  with 
violence. 

19 

9 

2 

4 

3 

1 

. 

952  68 

Against  property,  with- 
out violence,  . 

32 

11 

5 

5 

6 

1 

1,175  60 

Other  offences,  . 

117 

37 

4 

17 

21 

19 

15 

1,459  33 

Total, 

198 

67 

16 

31 

27 

27 

21 

$4,271  95 

Table  of  Offences. 

Adultery, 

3 

1 

1 

83  87 

Arson, 

1 

1 

. 

. 

370  31 

Arson,  attempt, 

4 

3 

1 

. 

99  91 

Assault  and  Battery,   . 

25 

6 

5 

5 

3 

5 

520  69 

Assault,  felonious. 

] 

1 

. 

73  56 

Assault  on  an  Officer, 

3 

3 

71  58 

Abortion,    attempt    to 
procure. 

1 

. 

1 

18  51 

Bigamy,    . 

1 

. 

. 

1 

6  61 

Burning  Barn,    . 

3 

2 

123  00 

Burglary, 

2 

2 

. 

84  91 

Common  Drunkard,     . 

1 

. 

1 

. 

23  02 

Drunkenness,     . 

8 

1 

1 

1 

2 

3 

180  52 

1850.] 


HOUSE— No.  48. 


43 


Table  XIV — Continued. 


OFFENCES. 

O 

< 

■p 
2 

Ph 

"o 

1 

CO 

o 

If 

COSTS. 

Embezzlement,  . 

1 

. 

. 

1 

$■8  26 

False  Pretences, 

4 

2 

2 

. 

39  14 

House  of  Ill-fame, 

1 

• 

. 

1 

• 

47  62 

Larceny,  . 

21 

5 

3 

2 

6 

4 

1 

769  75 

License  Law,     . 

68 

29 

3 

. 

14 

9 

2 

2 

534  28 

Lascivious  Behavior,  . 

1 

• 

1 

. 

8  28 

Malicious  Mischief,     . 

3 

2 

• 

1 

. 

164  03 

Nuisance, 

6 

. 

1 

1 

3 

1 

85  40 

Passing  Counterf 't  Mo- 
ney, 

5 

1 

. 

. 

. 

357  60 

Perjury,    . 

2 

1 

227  88 

Receiving  Stolen  Goods 

1 

• 

• 

0  85 

Robberj',  . 

• 

• 

95  31 

Riot, 

. 

1 

11  11 

Scire  Facias, 

14 

5 

6 

3 

68  42 

Shop-breaking,  . 

8 

5 

2 

, 

1 

179  24 

Threatening, 

1 

• 

' 

1 

. 

18  29 

Town  By-law,  violation 

of,          .          .          . 

5 

• 

• 

5 

' 

198 

67 

16 

31 

27 

27 

9 

21 1 

#4,271  95 

44 


ATTORNEY  GENERAL'S  REPORT.  [Feb  "50.] 


Table  XV.     Whole  No.  in  the  Western  District. 


OFFENCES. 

1 

1 

a 
> 

1 
< 

-o 

1 

2 

1 

o 

COSTS. 

Against  the  person,  fe- 
loniously, 

9 

3 

1 

■ 

4 

1 

$^97  47 

Against  the  person,  not 
feloniously,     . 

76 

29 

8 

8 

14 

9 

1 

7 

1,935  87 

Against  property,  witli 
violence. 

36 

19 

3 

7 

4 

3 

. 

. 

1,746  91 

Against  property,  with- 
out violence,  . 

97 

37 

14 

6 

5 

21 

6 

8 

2,573  10 

Other  offences,  . 

313 

109 

18 

41 

56 

57 

8 

24 

4,730  52 

Total, 

531 

197 

44 

62 

79 

94 

16 

39 

#11,283  87 

Table  XVI. 


Shov)ing  the  whole  amount  of  Criminal  Business  in 
monwealth. 


the  Com- 


1 

t 

:? 

t 

H 

OFFENCES. 

3 

6 

1 

< 

1 

o 

I 
1 

p 

COSTS. 

Against  the  person,  fe- 
loniously, 

43 

16 

5 

9 

11 

2 

#1,853  18 

Against  the  person,  not 
feloniously,     . 

512 

222 

58 

61 

70 

71 

16 

14 

11,348  55 

Against  property,  with 
violence. 

194 

115 

21 

14 

26 

14 

2 

2 

7,990  57 

Against  property,  with- 
out violence,  . 

641 

393 

m 

33 

42 

67 

14 

26 

16,162  73 

Other  offences,  . 

2382 

1210 

72 

264 

460 

201 

82 

93 

29,234  33 

Total, 

3772 

1956 

222 

372 

607 

364 

116 

135 

#66,589  36