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HOUSE No.  72. 


ANNUAL    TtEPOTtT 


ATTORNEY     GENERAL 


FEBRUARY,     185  1. 


Feb.  1851.]  HOUSE— No.  72. 


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To  the  Hon.  Nathaniel  P.  Banks,  Jr., 

Speaker  of  the  House  of  Representatives  : — 

Sir, — In  compliance  with  the  requisitions  of  the  Statute,  estab- 
lishing the  office  of  Attorney  General,  the  accompanying  "ab- 
stracts and  tabular  statements"  of  the  reports  of  the  several 
District  Attorneys  and  the  Attorney  of  the  Commonwealth  for 
the  county  of  Suffolk,  for  the  year  1850,  are  herewith  respect- 
fully submitted  to  the  Legislature. 

There  is  also  a  brief  statement  of  the  cases,  which,  during 
the  year,  have  been  conducted  or  argued  by  me  in  the  several 
judicial  districts  of  the  Commonwealth.  While  these  constitute 
the  most  prominent  and  conspicuous  class  of  the  duties  apper- 
taining to  the  office  of  the  Attorney  General,  requiring  his  at- 
tendance before  the  Supreme  Judicial  Court,  in  all  the  counties 
in  which  cases  are  pending  before  that  tribunal,  to  which  the 
Commonwealth  is  a  party,  and  imposing  upon  him  weighty  re- 
sponsibilities and  labors,  there  is  another  class  of  duties  and  re- 
sponsibilities devolved  upon  him,  of  perhaps  equal  importance 
to  the  extended  and  diversified  interests  of  the  Commonwealth, 
which  do  not  meet  the  public  eye,  and  which  can  be  measured 
and  appreciated  only  by  those,  with  whom  in  the  discharge  of 
those  duties  he  is  brought  into  official  communication. 

Since  my  last  annual  report,  I  have  had  occasion  to  consult 
with  and  advise  the  Governor  of  the  Commonwealth,  Commit- 
tees of  the  Executive  Council,  the  Adjutant  General,  the  Treas- 
urer and  Receiver  General,  the  Auditor,  the  several  prosecuting 
officers  of  the  Commonwealth,  the  Commissioners  of  Public 
Lands,  the  Inspectors  of  the  State  Prison,  the  Trustees  of  the 
State  Reform  School,  the  Inspector  General  of  Beef  and  Pork, 
and   the  Superintendents   of  Alien    Passengers,    upon    various 


4  ATTORNEY  GENERAL'S  REPORT.  [Feb. 

questions  arising  out  of  their  respective  official  duties,  many  of 
them  of  difficulty,  and  of  importance  to  the  interest  of  the  Com- 
monwealth. 

In  addition  to  the  parol  advice  given  in  personal  conferences 
and  consultations  with  these  officers,  I  have  prepared  and  com- 
municated during  the  year,  forty- two  written  opinions  upon 
questions  submitted  to  me  for  my  official  advice.  Of  these, 
twenty-one  have  been  upon  applications  to  the  Executive  for 
Executive  requisitions  upon  the  Governors  of  other  states,  for 
the  surrender  of  fugitives  from  the  justice  of  this  Common- 
wealth,— and  executive  requisitions  from  other  states,  for  the 
extradition  of  alleged  fugitives  from  justice  in  this  State. 

Both  these  classes  of  applications  have  become  so  frequent, 
that  unless  great  care  is  taken,  to  see  that  all  the  constitutional 
pre-requisites  to  granting  them,  exist  in  each  particular  case,  that 
which  the  framers  of  the  constitution  evidently  regarded  as  the 
exercise  of  a  high  Executive  prerogative,  will  come  to  be  con- 
sidered as  much  a  thing  of  course,  as  the  issuing  of  a  justice's 
warrant  upon  a  complaint  for  a  petty  larceny  or  a  simple  as- 
sault and  battery.  I  have,  therefore,  endeavored  to  confine 
them  to  cases  in  which  it  was  clear  that  the  exigency  existed, 
in  which  they  were  demanded  by  a  due  regard  to  the  vindica- 
tion of  public  justice.  Of  the  twenty-one  cases  in  which  I 
have  advised  the  Executive,  in  eight  of  them  my  advice  has 
been  in  favor  of,  and  in  thirteen,  against,  the  granting  of  the 
requisitions  or  warrants  applied  for  in  the  particular  instances. 

Under  the  resolve  creating  the  Board  of  Commissioners  on 
Boston  Harbor,  I  have  attended  before  the  commissioners  at  sev- 
eral meetings  of  the  board,  and  conferred  with  them  respecting 
the  rights  and  interests  of  the  Commonwealth,  in  the  subject 
matter  of  their  investigations.  In  the  views  entertained  by 
them,  so  far  as  they  have  been  disclosed  to  me,  I  fully  concur, 
and  I  cannot  doubt,  from  the  distinguished  ability,  the  large  ex- 
perience, and  the  eminent  fidelity  with  which  they  have  devoted 
themselves  to  the  laborious  duties  imposed  on  them  by  their 
commission,  the  Legislature  will  repose  great  confidence  in  the 
opinions  and  suggestions  which  they  may  submit  to  it  in  their 
report,  upon  a  subject  of  such  great  interest  to  the  Common- 
wealth. 

There  are  one  or  two  topics  upon  which  T  deem  it  to  be  my 


1851.]  HOUSE— No.  72.  5 

duty  to  suggest  the  propriety  of  further  legislation,  in  order  to  a 
just  and  efficient  administration  of  the  criminal  law. 

By  a  decision  of  the  Supreme  Judicial  Court,  a  few  years 
since,  which  has  recently  been  affirmed  by  that  tribunal,  it  is 
held,  that  any  error  in  the  sentence  of  a  convict,  vitiates,  and 
renders  null,  all  the  previous  proceedings  in  a  criminal  case; — 
that  upon  a  writ  of  error,  the  Supreme  Court  have  no  power  to 
correct  the  error  in  the  sentence,  either  by  awarding,  itself,  such 
sentence  as  the  law  affixes  to  the  offence,  or  by  remitting  the 
case  for  that  purpose  to  the  court  before  which  the  party  was 
convicted; — that  upon  the  error  being  judicially  ascertained, 
the  only  power  the  court  has  in  the  premises,  is,  to  declare  the 
error,  and  discharge  the  prisoner ; — and  thus,  through  a  process, 
professedly  granted  by  the  law,  to  enable  the  court  to  correct 
the  error  alleged  to  exist,  a  criminal,  legally  convicted,  on  a  valid 
indictment,  escapes  all  judicial  punishment. 

It  is  respectfully  submitted,  that  this  doctrine  is  not  in  har- 
mony with  the  theoretical  perfection  of  the  common  law:  and 
I  think  it  can  be  successfully  maintained,  that  it  was  not  origi- 
nally a  feature  of  that  system.  The  first  case  in  which  it 
was  held  in  England  is  comparatively  recent,  and  arose  out 
of  an  error  in  sentencing  a  party  to  transportation,  when  the 
law  had  affixed  to  the  offence  of  which  he  was  convicted  the 
punishment  of  death.  The  natural  repugnance  of  the  judges, 
before  whom  a  writ  of  error  was  brought,  to  correct  the  error 
by  proceeding  to  a  capital  sentence,  led  them,  in  favorem 
viice,  into  a  departure  from  the  true  principles  of  the  common 
law,  by  a  discharge  of  the  prisoner. 

This  precedent  has  been  followed  in  England,  and  in  some  of 
the  states  of  this  union,  until  the  courts,  by  their  adherence  to 
it,  are  liable  to  commit  more  and  graver  errors  than  they  cor- 
rect. An  illustration  of  it,  less  striking  than  cases  that  have 
actually  occurred  in  practice,  may  be  thus  stated.  A  party  has 
been  convicted  in  the  court  of  Common  Pleas,  of  the  crime  of 
burglary,  upon  a  valid  indictment.  All  the  proceedings  have 
been  regular,  and  the  verdict  of  a  jury  has  established  the  fact 
of  his  guilt.  He  is  sentenced  by.  the  court  to  imprisonment  at 
hard  labor  for  a  term  of  years  in  the  State  prison,  but  the  sen- 
tence omits  to  include  an  additional  day  of  solitary  confinement. 
He  sues  out  his  writ  of  error,  alleging  that  the  sentence  is  erro- 


6  ATTORNEY  GENERALS  REPORT.  [Feb. 

neons  in  not  awarding  him  another  day's  imprisonment.  This 
fact  is  judicially  ascertained  by  the  Supreme  Court,  sitting  as  a 
court  for  the  correction  of  errors,  and  in  consequence  of  the 
omission  of  the  one  day's  solitary  confinement,  the  convicted 
burglar  is  discharged  from  custody,  he  is  protected  from  all  ju- 
dicial punishment  for  the  offence  of  which  he  stands  convict,  as 
well  as  from  any  future  prosecution  for  it,  and  goes  forth  from 
the  prisoner's  dock,  to  renew  his  depredations  upon  society, 
stimulated  and  emboldened  in  villany,  by  what  he  has  wit- 
nessed of  the  impotence  of  the  law. 

Such  a  spectacle,  as  is  thus  exhibited,  of  the  failure  of  the 
law  to  vindicate  itself,  and  to  protect  the  honest  and  the  well- 
disposed,  a  spectacle  which  has  been  more  than  once  witnessed 
in  our  courts  of  justice,  cannot  fail  to  bring  the  administration 
of  our  criminal  jurisprudence  into  reproach  and  contempt. 

In  an  early  case  in  our  reports,  {Commonwealth  v.  Ellis, 
11  Mass.  R.  465,)  it  was  said  by  the  learned  judge  who  pro- 
nounced the  opinion  of  the  court,  in  conformity  with  the  decis- 
ions in  New  York  and  Pennsylvania  upon  this  question,  that 
"  the  principle  is  well  settled,  that  if  the  judgment  was  rendered 
by  a  court,  proceeding  according  to  the  course  of  the  common 
law,  a  writ  of  error  lies;  on  which,  in  case  of  reversal,  this 
court  is  authorized  to  render  the  same  judgment  that  the  court 
below  ought  to  have  rendered." 

To  restore  this  principle,  so  obviously  an  essential  element  in 
any  well-considered  and  effective  system  of  criminal  jurispru- 
dence. I  respectfully  suggest  the  expediency  of  providing  by 
express  enactment,  that  whenever  a  final  judgment  in  any  crim- 
inal ease  shall  be  reversed  upon  a  writ  of  error,  by  the  Supreme 
Judicial  Court,  the  court  may  render  such  judgment  therein  as 
should  have  been  rendered,  or  may  remand  the  case  for  that 
purpose  to  the  court  before  which  the  conviction  was  had." 

The  practical  operation  of  the  act  of  1850,  chapter  272.  "con- 
cerning bail  in  criminal  cases,"  is  represented  to  me  by  the 
prosecuting  officers  in  Suffolk  and  Middlesex  to  be  such,  as  to 
require  further  legislative  action  on  that  subject.  The  right 
given  by  lint  act  to  the  bail  to  surrender  his  principal  after  a 
default,  and  exonerate  himself  from  liability,  with  the  right  of 
the  principal  immediately  thereupon  to  enter  into  a  new  recog- 
nizance, is  now  resorted  to,  as  a  means  of  indefinitely  postpon- 


1851.]  HOUSE— No.  72.  7 

ing  the  trial  of  an  indictment.  The  modus  operandi  is  said  to 
be  this.  A  party  charged,  for  example,  with  a  violation  of  the 
license  law,  enters  into  a  recognizance  with  surety,  to  appear  at 
the  next  ensuing  term  of  the  court  for  trial.  He  fails  to  appear 
when  the  indictment  is  in  order  for  trial,  and  with  his  surety,  is 
defaulted  upon  the  recognizance.  At  the  close  of  the  term,  and 
after  the  juries  are  dismissed,  when  he  knows  that  a  trial  can- 
not be  had,  he  appears,  is  surrendered  by  his  surety,  and  there- 
upon immediately  enters  into  a  new  recognizance  for  his  ap- 
pearance at  the  next  term;  the  surety  having  been  exonerated, 
by  the  surrender,  from  all  liability.  At  the  next  term  he  is  again 
defaulted,  and  goes  again  through  the  same  process,  and  thus 
effectually  evades  a  trial.  The  evil  would  probably  be  remedied, 
by  leaving  the  right  of  the  party  to  enter  into  a  new  recogni- 
zance after  having  once  been  defaulted,  subject  to  the  discretion 
of  the  court,  before  whom  the  cause  is  pending; — a  discretion 
which  could  not  fail  to  be  exercised  in  favor  of  a  party,  when- 
ever a  proper  cause  for  its  exercise  was  shown. 

1  would  also  respectfully  suggest,  the  expediency  of  extending 
the  provisions  of  the  I lth,  12th,  13th,  and  14th  sections  of  the 
126th  chapter  of  the  Revised  (Statutes  to  other  buildings  than 
those  enumerated  in  those  sections.  It  has  been  recently  de- 
cided, that  a  station-house  of  a  railroad  corporation,  where  large 
sums  of  money  are  sometimes  kept,  which  have  been  received 
in  the  sale  of  tickets,  is  not  an  "  office,"  within  the  meaning  of 
those  sections  of  the  statute.  And  yet  it  is  obvious  that  these 
buildings  are  quite  as  likely  to  be  the  scene  and  the  objects  of 
burglarious  attempts,  as  any  of  those  which  are  under  the  pro- 
tection of  the  law.  I  can  see  no  objection  to  a  provision  of 
law  which  shall  make  the  breaking  and  entering  of  any  build- 
ing, with  intent  to  commit  a  felony  therein,  a  penal  offence, 
whether  the  intent  is  consummated  by  the  commission  of  the 
felony  or  not. 

My  attention  having  been  particularly  directed  to  these  appa- 
rent defects  in  the  existing  criminal  jurisprudence  of  the  Com- 
monwealth, I  have  deemed  it  my  duty  to  state  them  to  the  Leg- 
islature, under  that  provision  of  the  act  defining  my  duties, 
which  requires  me  to  make  "  such  statements  and  observations, 
as  in  my  opinion,  the  criminal  jurisprudence,  and  the  proper 
administration  of  the  criminal  law  may  warrant  and  require." 


ATTORNEY  GENERAL'S  REPORT.  [Feb. 

It  is  a  source  of  congratulation  that  the  existing  system  of 
our  criminal  jurisprudence  is  so  well  adapted  to  our  condition, 
and  has  proved  itself  to  be  so  free  from  objectionable  features  or 
prominent  defects,  as  to  furnish  the  occasion  for  so  few  sugges- 
tions of  this  nature,  as  are  herein  indicated  for  the  consideration 
of  the  Legislature. 

All  which  is  respectfully  submitted,  by 

JOHN  H.  CLIFFORD, 

Attorney  General. 

ruary  15th,  1851. 


i85i.]  house—No.  72. 


CASES 

Conducted  and  argued  by  the  Attorney  General,  from  January 
1,  1S50,  to  January  1,  1851. 

County  of  Suffolk. 

Commonwealth  v.  George  Cox.  Murder.  Jury  trial  in  S.  J. 
Court.  Verdict,  guilty  of  manslaughter.  Sentence,  7  years 
hard  labor  and  3  days  solitary  confinement  State  Prison. 

Com.  v.  Thomas  McNulty.  Municipal  Court.  Information 
— Second  Comer  to  the  State  Prison  Convicted.  Sentence,  5 
days  additional. 

Com.  v.  Benjamin  Hood.  Municipal  Court.  Information — 
Second  Comer  to  the  State  Prison.  Convicted.  Sentence,  5 
days  additional. 

Com.  v.  John  W.  Webster.  Municipal  Court.  Examination 
before  the  Grand  Jury,  of  complaint,  for  the  murder  of  George 
Parkman. 

Indictment  found  and  certified  to  S.  J.  Court. 

Com.  v.  Charles  Barnes.  Municipal  Court.  Information — 
Third  Comer  to  the  State  Prison.  Convicted.  Sentence,  10 
days  additional. 

Com.  v.  Albert  White.  Municipal  Court.  Information — 
Third  Comer  to  the  State  Prison.  Convicted.  Sentence,  10 
days  additional. 

Com.  v.  William  Smith.  Municipal  Court.  Information — 
Second  Comer  to  the  State  Prison.  Convicted.  Sentence,  10 
days  additional. 

Com.  v.  Michael  Conners,  Michael  White,  and  John  Hin- 
chey.  Municipal  Court.  Examination  before  the  Grand  Jury, 
on  complaint  for  murder.     No  bill  found. 

Com.  v.  John  Lowell.  Law  argument,  S.  J.  Court.  Lar- 
ceny. Exceptions  from  Municipal  Court.  Exceptions  over- 
ruled.    Sentence,  18  months  State  Prison. 

Com.  v.  John  W.  Webster.  S.  J.  Court.  Jury  trial  for  mur- 
der.    Verdict,  guilty.     Sentence,  death. 

In  the  trial  of  this  cause,  I  was  assisted  by  George  Bemis, 
Esq.,  of  the  Suffolk  Bar. 

Com.  v.  John  McDonald.  Attempt  to  steal  from  the  person. 
2 


10  ATTORNEY  GENERAL'S  REPORT.  [Feb. 

Law  argument,  S.  J.  Court,  on  exceptions  from  Municipal 
Court.  Exceptions  overruled — defendant  and  his  sureties  de- 
faulted on  recognizance. 

Com.  v.  Certain  Lottery  Tickets.  By  information.  Law  ar- 
gument, S.  J.  Court,  on  exceptions  from  Municipal  Court — con- 
tinued by  the  court  for  advisement. 

Com.  v.  John  C.  Gale.  Receiving  Stolen  Goods.  Law  ar- 
gument, S.  J.  Court,  on  exceptions  from  Municipal  Court— ex- 
ceptions overruled.    Prisoner  sentenced,  18  months  State  Prison. 

Com.  v.  John  Betton.  Arson.  Law  argument,  S.  J.  Court, 
on  exceptions  from  Municipal  Court — exceptions  overruled. 
Prisoner  sentenced,  5  years  State  Prison. 

John  W.  Webster  v.  The  Commonwealth.  Law  argument 
on  application  for  writ  of  error.  S.  J.  Court.  Petition  for  writ 
of  error  dismissed.  In  this  case,  I  was  assisted  by  George  Be- 
mis,  Esq.,  of  the  SufTolk  Bar. 

Harrison  Wingate  v.  The  Commonwealth.  Writ  of  error  to 
reverse  a  judgment  of  the  Municipal  Court.  Law  argument,  S. 
J.  Court — writ  of  error  dismissed.  Judgment  for  the  Common- 
wealth. 

Com.  v.  Peter  Lynch.  Municipal  Court.  Examination  be- 
fore the  Grand  Jury  of  complaint  for  murder.  No  bill  found 
for  the  capital  offence.  Drew  an  indictment  for  an  aggravated 
assault. 

Com.  v.  The  South  Reading  Branch  Railroad. 

Same  v.  The  Essex  Railroad  Company.  Informations — al- 
leging usurpations  by  these  corporations  upon  the  rights  of  the 
Commonwealth,  filed  in  the  S.  J.  Court.  Orders  of  notice  is- 
ued  returnable  before  the  court  in  the  county  of  Essex,  No- 
vember term,  1S50. 

Com.  by  Information,  at  the  relation  of  John  W.  Emery  and 
als.  v.  The  Proprietors  of  the  Meeting-house  in  Federal  street, 
Boston.  This  information,  for  an  alleged  misapplication  of  a 
charity,  was  filed  in  the  S.  J.  Court,  at  the  instance  of  the  rela- 
tors, and  is  conducted  on  their  behalf,  by  their  counsel,  Hon. 
Rufus  Choate  and  J.  C.  Adams,  Esq. 

County  of  Middlesex. 

Commonwealth  v.  Anthony  O'Donnell.  C.  C.  Pleas.  Ex- 
amination before  the  Grand  Jury,  of  complaint  for  the  murder 


1851]  HOUSE— No.  72.  11 

of  John  Heveren.  Bill  found  for  murder,  and  certified  to  S.  J. 
Court. 

Com.  v.  Daniel  H.  Pearson.  Murder.  Jury  trial  in  S.  J. 
Court.     Verdict,  guilty.     Sentence,  death. 

In  this  trial,  I  was  assisted  by  Charles  R.  Train,  Esq.,  Dis- 
trict Attorney  for  the  Northern  District. 

Com.  v.  Anthony  O'Donnell.  S.  J.  Court.  Jury  trial  for 
murder.  Verdict,  guilty  of  manslaughter.  Sentence,  7  years 
State  Prison. 

In  this  trial,  I  was  assisted  by  C.  R.  Train,  Esq.,  District  At- 
torney. 

Com.  v.  James  Gould.  S.  J.  Court.  Civil  action;  for  dis- 
turbing an  easement  in  lands  adjacent  to  the  State  Prison  in 
Charlestown.     Continued. 

Com.  v.  Worthy  Parker.  S.  J.  Court.  Exceptions  from  C. 
C.  Pleas.  Assault,  &c.  Exceptions  waived,  and  defendant  and 
sureties  defaulted  on  recognizance. 

Com.  v.Valentine  Rollins.  Malicious  Tresj)ass.  S.  J.  Court. 
Exceptions  from  C.  C.  Pleas — exceptions  sustained,  and  judg- 
ment arrested. 

Com.  v.  Albion  B.  Gee  and  al.  Indictment  for  ".  Selling  up 
a  Public  Amusement  without  License"  in  violation  of  the  pro- 
visions of  the  act  of  1849,  chap.  231.  S.  J.  Court.  Law  argu- 
ment on  exceptions  from  C.  C.  Pleas — exceptions  sustained, 
and  case  remanded  to  C.  C.  Pleas  for  new  trial. 

Com.  v.  Samuel  White.  Breaking  and  entering  an  Office, 
with  intent  to  Steal.  Law  argument.  S.  J.  Court,  on  exceptions 
from  C.  C.  Pleas — exceptions  sustained  ;  verdict  set  aside,  and 
indictment  nol  pross'd. 

Com.  v.  The  Fitch  burg  Railroad  Company.  Nuisance.  Ex- 
ceptions from  C.  C.  Pleas.     S.  J.  Court.     Continued  nisi. 

Com.  v.  Henry  Rice  and  al.  Adultery.  S.  J.  Court.  Ex- 
ceptions from  C  C.  Pleas.     Continued  nisi. 

Com.  v.  Walter  Batherick.  Violation  of  License  Law.  S.  J. 
Court.     Exceptions  from  C.  C.  Pleas.     Continued  nisi. 

County  of  Berkshire. 

Commonwealth  v.  Henry  Shaw.  Violation  of  License  Law. 
Law  argument,  S.  J.  Court.  Exceptions  from  C.  C.  Pleas — 
exceptions  overruled,  and  remitted  to  C.  C.  Pleas  for  sentence. 


12  ATTORNEY  GENERAL'S  REPORT.  [Feb. 

Com.  v.  The  Tenth  Mass.  Turnpike  Corporation.  Informa- 
tion in  the  nature  of  a  quo  warranto.  Law  argument  thereon, 
S.  J.  Court.     Continued  by  the  court,  for  advisement. 

Com.  v.  William  Bullman.  Rape.  Jury  trial  in  S  J.  Court. 
Verdict,  guilty.     Sentence,  death. 

County  of  Hampden. 

Commonwealth  v.  John  Healy  and  als.  Assault  with  intent 
to  Murder.  Law  argument,  S.  J.  Court,  on  exceptions  from 
C.  C.  Pleas — exceptions  overruled.  Remitted  to  C.  C.  Pleas  for 
sentence. 

County  of  Hampshire. 

Commonwealth  v.  Milo  A.  Taylor.  Uttering  Counterfeit 
Bank  Bills.  Law  argument,  S.  J.  Court,  on  exceptions  from 
C.  C.  Pleas,  and  motion  in  arrest  of  judgment.  Exceptions 
sustained — judgment  arrested,  and  new  trial  ordered  in  C.  C. 
Pleas. 

County  of  Franklin. 

Commonwealth  v.  Calvin  Shattuck.  Assault.  &c.  S.  J. 
Court.  Law  argument,  on  exceptions  from  C.  C.  Pleas — ex- 
ceptions overruled,  and  remitted  to  C.  C.  Pleas  for  sentence. 

Com.  v.  Patience  Bond  and  als.  Forcible  Detainer.  Law 
argument  in  S.  J.  Court,  on  exceptions  from  C.  C.  Pleas — ex- 
ceptions overruled,  and  remitted  to  C.  C.  Pleas  for  sentence. 

Com.  v.  Patience  Bond  and  als.  Assault,  &c.  S.  J.  Court. 
Exceptions  from  C.  C.  Pleas,  and  motion  in  arrest  of  judgment. 
Continued. 

Patience  Bond  and  als.  Petitioners  for  new  trial  in  C.  C. 
Pleas.  S.  J.  Court.  Exceptions  to  ruling  of  C.  C.  P.,  refusing 
a  new  trial.     Continued. 

County  of  Worcester. 

Commonwealth  v.  George  Wetherbee.  Nuisance.  S.  J.  Court, 
on  exceptions  from  C.  C.  Pleas — exceptions  waived.  Remitted 
to  C.  C.  Pleas  for  sentence. 

Com.  v.  Samuel  A.  Smith  and  als.  Complaint  for  Breach  of 
the  Peace,  upon   the  24th  sec,  85th  chap.   Rev.   Stat.     S.  J. 


1851.]  HOUSE— No.  72.  13 

Court.  Law  argument,  on  exceptions  from  C.  C.  Pleas.  Con- 
tinued by  the  court,  for  advisement. 

Com.  v.  Joseph  Miller.  Uttering  Counterfeit  Bank  Bills. 
S.  J.  Court,  on  exceptions  from  C.  C.  Pleas — exceptions  waived; 
remitted  to  C.  C.  Pleas  for  sentence. 

Com.  v.  James  Reardon.  Adultery.  Law  argument,  in  S. 
J.  Court,  on  exceptions  from  C.  C.  Pleas — exceptions  overruled. 
Prisoner  sentenced,  1  year  House  of  Correction. 

County  of  Essex. 

Commonwealth  v.  Rachel  Sharp.  Murder.  S.  J.  Court.  In 
this  case,  which  was  an  indictment  against  the  defendant  for 
the  murder  of  her  infant  child  by  poisoning,  the  jury  having 
failed  to  agree  on  a  verdict,  and  since  the  trial,  Dr.  Martin 
Gay,  one  of  the  principal  witnesses  for  the  government,  having 
deceased,  I  permitted  the  prisoner  to  be  discharged  on  her  own 
recognizance. 

Com.  v.  Josiah  Herrick.  )  Complaints  for  Violation  of  License 

Same  v.  same.  S  Law.      Law   argument,    in   S.    J. 

Court,  on  report  of  C.  C.  Pleas,  upon  motions  in  arrest  of  judg- 
ment— motions  in  arrest  overruled.  Remitted  to  C.  C.  Pleas 
for  sentence. 

Com.  v.  South  Reading  Branch  Railroad.  Information  in 
the  nature  of  a  quo  warranto,  filed  in  Suffolk  county.  Order 
of  notice  made  returnable  before  the  S.  J.  Court  in  this  county. 
Entered,  and  continued  nisi,  for  argument. 

Com.  v.  Essex  Railroad  Company.  Information — same  as 
last  preceding. 

These  cases,  which  involve  important  questions  respecting 
the  powers  and  duties  of  railroad  corporations,  under  the  char- 
ters granted  them  by  the  Legislature,  are  still  pending  in  the 
Supreme  Judicial  Court. 

Com.  v.  Edward  Bickell  and  Elbridge  Pike.  Rape.  Jury 
trial,  in  S.  J.  Court,  in  which  I  was  assisted  by  A.  Huntington, 
Esq.,  District  Attorney  for  the  Eastern  District. 

At  the  close  of  the  second  day  of  the  trial  of  this  case,  I  be- 
came satisfied  that  the  evidence  would  not  warrant  a  conviction 
of  the  prisoners,  and  thereupon,  with  the  concurrence  and  appro- 
bation of  the  court,  I  permitted  them  to  take  a  verdict  of  ac- 
quittal by  consent  of  the  government. 


14  ATTORNEY  GENERALS  REPORT.  [Feb. 

County  of  Bristol. 

Commonwealth  v.  Wooster  Carpenter.  Nuisance.  S.  J. 
Court,  on  exceptions  from  C.  C.  Pleas — exceptions  overruled, 
and  continued  for  judgment  on  the  verdict. 

Benjamin  F.  Dexter  v.  The  Commonwealth  in  Error.  Writ 
of  error,  to  reverse  the  judgment  of  a  justice  of  the  peace,  sen- 
tencing the  plaintiff  in  error  to  the  State  Reform  School,  during 
his  minority,  or,  in  the  alternative,  to  the  House  of  Correction, 
for  the  same  term.  Error  admitted — sentence  adjudged  erro- 
neous, and  prisoner  discharged. 

JOHN  H.  CLIFFORD, 

Attorney  General. 
February  15th,  1851. 


1851.] 


HOUSE— No.  72. 


15 


Table  I. 
SUFFOLK  COUNTY. 


OFFENCES. 

3 

c 

| 

IF 

be 

■3 
e 

V 
PL, 

m 

o 

2 

K  | 
o  •- 

COSTS. 

O 

c 
o 

5- 
< 

"o 
S5 

xn 

O 
2 

3° 

Against  the  person  fe- 
loniously, 

18* 

10 

2 

1 

3 

1 

$762  44 

Against  the  person  not 

feloniously,     . 

235 

143 

24 

9 

9 

31 

8 

11 

4,988  30 

Against  property  with 
violence, 

107 

77 

13 

4 

10 

3 

2,074  85 

Against  property  with- 
out violence,  . 

364 

216 

47 

12 

15 

42 

20 

12 

6,742  44 

Other  offences,  . 

911 

502 

56 

44 

58 

135 

5? 

59 

8,273  83 

Total, 

1635* 

948 

142 

65 

87 

221 

89 

82 

#22,841  86 

Table  of  Offences. 

Adultery, 

8 

1 

1 

1 

5 

144  80 

Assault,    . 

8 

5 

2 

111  74 

Assault  and  Battery,   . 

162 

96 

20 

6 

5 

20 

7 

8 

3,468  09 

Assault  on  Officer,     . 

13 

10 

1 

1 

246  85 

Assault  on  Watchman, 

35 

23 

2 

2 

6 

1 

703  35 

Assault  with  dangerous 

weapon, 

3 

2 

1 

96  22 

Assault,  felonious, 

5 

3 

1 

1 

169  20 

Assault,  felonious,  and 

Highway  Robbery,  . 

1 

1 

29  12 

Assault,  felonious,  with 
intent  to  Kill, 

1 

1 

32  63 

Assault,  felonious,  and 

Larceny, 

6 

5 

1 

150  91 

Arson, 

1 

1 

12  41 

'  One  sent  to  Supreme  Court. 


16 


ATTORNEY  GENERAL'S  REPORT. 


[Feb. 


Table  I. — Continued. 


OFFENCES. 

□ 

3 

s 

eu 

a 
_o 

a 
o 
O 

cr 

■51 

2 

Ph 

"5 
Z 

br. 

a 

■a 

<! 
o 

tf  1 

0  •- 

COSTS. 

Bail, 

75 

45 

26 

4 

#406  15 

Burglary, 

2 

1 

1 

69  05 

Cheating, 

22 

4 

1 

2 

4 

3 

7 

1 

250  09 

Common  Drunkard,     . 

5 

2 

1 

1 

1 

71  40 

Common  Night-walker, 

2 

2 

37  88 

Conspiracy  to  Cheat,  . 

4 

1 

2 

1 

52  06 

Counterfeit  Money,  ha- 
ving and  uttering,    . 

11 

6 

3 

1 

1 

240  36 

Cruelty  to  Animals,     . 

7 

3 

2 

1 

1 

106  05 

Disturbing  Meeting,    . 

1 

1 

8  11 

Disturbing  School, 

3 

3 

63  29 

Embezzlement,  . 

4 

1 

1 

72  41 

Escape,     . 

8 

8 

93  59 

Forgery  and  Uttering, 

3 

1 

2 

82  44 

Fifth  Comer,      . 

1 

1 

9  98 

Harbor,  Intrusion  into, 

9 

9 

443  03 

Highway  Robbery, 

2 

2 

126  56 

Highway  Robbery  and 
Larceny, 

2 

2 

73  48 

House-breaking      and 
Laceny, 

21 

18 

2 

342  09 

Illegal  Voting,  . 

1 

1 

Keeping  House  of  Ill- 
fame,     . 

45 

15 

3 

2 

8 

1 

5 

11 

647  69 

Keeping  Noisy  House, 

28 

16 

1 

6 

1 

2 

1 

1 

336  64 

Keeping  Gambling  do., 

10 

2 

2 

1 

1 

4 

76  08 

Keeping  Gambling  do., 
License  and  Sunday 
Law, 

3 

2 

] 

11  07 

1851.] 


HOUSE— No.  72. 


17 


Table  1. — Continued. 


OFFENCES. 

a 
o 

V 

o 

£ 

o 

'> 

s 
o 
O 

'5 
< 

o 

c 
a 

Ph 

m 

t5 

< 

o 
2 

i  6 
OS  § 

It 

Q  " 

COSTS. 

Larceny,  . 

280 

183 

35 

6 

5 

33 

9 

9 

$5,282  23 

License  Law,     . 

321 

162 

17 

15 

11 

80 

20 

16 

2,342  87 

License    and    Sunday 
Law, 

202 

124 

4 

2 

16 

20 

22 

14 

1,603  02 

License    and    Sunday 
Law  &  Noisy  House, 

60 

36 

1 

6 

14 

3 

559  55 

License    and    Sunday 
Law  and  Brothel,   . 

5 

2 

2 

1 

15  43 

License  Law  and  Noisy 
House,  . 

33 

21 

5 

2 

4 

1 

257  96 

License    Law,    Noisy 
House  and   Brothel, 

3 

2 

27  87 

Letting    Furniture   for 
Brothel, 

1 

13  12 

Letting  House  for  do., 

3 

2 

1 

29  43 

Letting  House  for  Gam- 
ing, &.C., 

Lunatic,    . 

1 
14 

14 

I 

1 

5  09 
230  09 

Malicious  Mischief,     . 

3 

1 

1 

1 

14  07 

Manslaughter,    . 

2 

1 

50  99 

Murder,     . 

*3 

2 

329  59 

Noisy  House  &  Brothel, 

6 

4 

1 

1       . 

100  51 

Nuisance, 

1 

1 

12  04 

Open    Lewdness    and 
Exposure, 

5 

2 

2 

85  49 

Obtaining     Goods    by 
False  Pretences,     . 

5 

2 

1 

1 

1 

39  07 

Obtaining    Money    by 
False  Pretences, 

1 

1 

18  11 

Perjury,    . 

5 

2 

2 

1 

16  97 

"One  case  to  Supreme  J.  Court. 


18  ATTORNEY  GENERAL'S  REPORT. 

Table  I. —  Continued. 


[Feb. 


OFFENCES. 

3 

4) 

O 

£ 

c 
o 

e 
o 

o 

2 
'5 

< 

y 
o 

"o 
Z 

'S 
a 

m 

o 
Z 

-6 

V 

< 

o 
Z 

K  1 
=  S 

?  St 

J_  c 

a,  o 
Q 

COSTS. 

Receiv'g  Stolen  Goods, 

25 

14 

5 

1 

2 

2 

1 

$541  53 

Receiving  Stolen  Mon- 
ey,        .          . 

2 

1 

1 

33  46 

Riot, 

3 

1 

1 

1 

73  20 

Riot  and  Assault, 

5 

1 

1 

1 

1 

1 

76  52 

Runaway    Apprentice, 

3 

2 

1 

53  02 

Rescue,    . 

5 

4 

1 

41  94 

Second  Comer,  . 

19 

19 

194  08 

Shop-breaking  and  Lar- 
ceny,    . 

81 

56 

10 

3 

9 

3 

1,601  36 

Selling  Uns'rvey'd  Lum- 
ber, 

1 

1 

1  38 

Selling    Unwholesome 
Provisions, 

1 

1 

51  81 

Sunday  Law  and  Noisy 
House,  . 

4 

3 

1 

33  59 

Third  Comer,     . 

2 

2 

10  22 

Uttering  Forged  Check, 

1 

1 

13  57 

Uttering  Forged  Order, 

2 

1 

1 

33  99 

Uttering  Forged  Note, 

2 

1 

1 

29  99 

Violation  of  City  Ordi- 
nance,  . 

6 

5 

1 

50  52 

Vessel -breaking  &  Lar- 
ceny,    . 

2 

2 

49  94 

Writing     Threatening 
Letters, 

5 

3 

2 

•    • 

133  48 

1635 

948 

142 

65  | 

87 

221 

89     82 

#22,841  86 

1851.] 


HOUSE— No.  72. 


19 


Table  II.     Eastern  District. 
Essex  County  constitutes  this  District. 
COUNTY  OF  ESSEX. 


OFFENCES. 

c 

2 

a 
.2 

c 
o 
O 

< 

y 

o 

"o 
Z 

c 

'■6 
a 

02 

o 

< 

z 

i  w 
5  '2 
3° 

COSTS. 

Against  the  person,  fe- 
loniously, 

Against  the  person,  not 
feloniously,     . 

Against  property,  with 
violence, 

Against  property,  with- 
out violence,  . 

Other  offences,  . 

5 

51 

31 

75 
276 

19 

13 

30 
109 

2 

9 

1 

8 
10 

7 

7 
25 

2 

11 

14 

20 
115 

1 

5 

3 

10 
17 

#357  78 

1,405  45 

890  98 

2,162  32 

4,438  88 

Total, 

438 

171 

30 

39 

162 

36 

$9,255  41 

Table  of  Offences. 

Adultery, 

Attempt  to  Commit  Of- 
fence,   . 

Assault,    . 

Assault  and  Battery,   . 

Assault,  Felonious, 

Assault  on  Officer,     . 

Assuming  to  be  Officer, 

Bigamy,    . 

Card  Playing,    . 

Cheating, 

Common  Drunkard,     . 

Conspiracy, 

3 

1 
"  5 
40 

11 
3 

8 

1 

1 

2 
17 

1 

1 

1 
3 

7 
3 

1 

1 
5 

1 

2 

6 

1 

5 

1 
4 

1 

5 
1 

1 

2 
1 

73  48 

35  36 
67  78 

660  79 
76  43 
21  04 
39  03 
73  53 
31  32 

218  52 
67  51 

300  29 

20 


ATTORNEY  GENERAL'S  REPORT. 


[Feb. 


Table  II. — Continued. 


OFFENCES. 

1 
•a 

s 

C 

a 
o 
O 

5 

'5 

cr 

>< 

35 
0 

£ 

"0 
z 

c 
1 

so 

0 

O 

z 

i  6 
«  a 

0  .S 
—  St. 

Q 

COSTS. 

Contempt, 

10 

3 

5 

2 

#76  20 

Counterfeit  Money,  hav- 
ing, &c, 

3 

1 

2 

165  80 

Disorderly  House, 

1 

1 

• 

56  68 

Disorderly  Person, 

1 

1 

14  90 

Disturbing  the  Peace, 

1 

1 

21  92 

Disturbing  Public  Meet- 
ing, 

1 

1 

67  70 

Disturbing  School, 

2 

2 

33  88 

Escape,     . 

1 

1 

11  35 

Forgery,    . 

2 

1 

1 

124  14 

Gaming,    . 

5 

1 

2 

2 

108  73 

Highway, 

3 

3 

39  79 

House-breaking, 

3 

3 

41  41 

Inciting  Dog, 

1 

1 

19  98 

Labor  on  Lord's  Day, 

1 

1 

40  89 

Larceny,  . 

48 

29 

4 

6 

1 

8 

1,127  81 

License  Law,     . 

195 

83 

1 

21 

86 

4 

2,560  47 

Lewdness, 

1 

1 

16  89 

Lewd  Cohabitation,     . 

10 

4 

1 

3 

2 

268  51 

Lottery  Law, 

2 

1 

1 

65  43 

Malicious  Burning, 

7 

2 

1 

2 

2 

302  73 

Malicious  Mischief,     . 

1 

' 

1 

25  51 

Nuisance, 

8 

1 

2 

5 

100  15 

Obstructing  Course  of 
Justice, 

i 

1 

8  73 

Perjury,    . 

3 

1 

2 

32  12 

1851.] 


HOUSE— No.  72. 


21 


Table  II.  —  Continued. 


OFFENCES. 

a 
o 

o 

1 

a 
c 
O 

'5 

T3 
O 

(5 

bio 

a 

4) 

Ph 

55 

o 
2 

£ 

•< 

o 

4)    0) 
PS    | 

g.s 

si  Si 

COSTS. 

Procuring  Abortion,    . 

Railroad  Law,    . 

Rape, 

Receiv'g  Stolen  Goods, 

Riot, 

School  Law, 

Shop-breaking,  . 

Surety  of  Peace, 

Vagabond, 

3 

1 
4 
11 

7 

2 

21 

1 

1 

4 

8 
1 

2 
2 

1 

1 
1 
2 

11 
1 
2 

12 
1 

1 
1 

$624  05 

14  13 

281  35 

526  05 

165  11 

47  69 

546  84 

24  31 

29  08 

438 

71 

30 

39  i  162 

36 

#9,255  41 

22 


ATTORNEY  GENERAL'S  REPORT. 


[Feb. 


NORTHERN  DISTRICT. 

This  District  comprises  the  County  of  Middlesex. 
Table  III.     Northern  District. 


OFFENCES. 


Against  the  person,  fe- 
loniously, 

Against  the  person,  not 
feloniously,     . 

Against  property,  with 
violence, 

Against  property,  with- 
out violence,  . 

Other  offences,  . 

Total, 


10 
55 

■II 

75 
L56 

:uo 


6     . 
28     2 


188    17 


1 
4 
2 
9 

11 


56 


Table  of  Offences. 

Adultery, 

Arson, 

Assault,  Aggravated,  . 

Assault  and  Battery,   . 

Assault,  Felonious,      . 

Assault  on  Officer, 

Burglary, 

Cheating, 

Common  Drunkard,     . 

Contempt, 

Counterfeit  Money,     . 

Destroy'g  Town  Pound 


1851.] 


HOUSE— No.  72. 
Table  III. —  Continued. 


23 


OFFENCES. 

s 
o 

.2 
6 

c 
< 

Nol.Pros'd.     [ 

bio 
s 
-3 

S 

PL, 

w 

o 

< 
o 

tf  1 
—  So 

COSTS. 

Disorderly  House, 

2 

1 

1 

#33  82 

Disturbing  Peace, 

2 

2 

45  62 

Disturbing  School, 

1 

1 

12  32 

Drunkenness,     . 

11 

5 

] 

L       4 

155  17 

Embezzlement,  . 

1 

] 

L 

38  96 

Escape,     . 

5 

2 

2 

. 

L 

46  05 

False  Pretences, 

6 

] 

L       1 

75  40 

Forcible  Entry, 

1 

1 

6  18 

Forgery,    . 

11 

8 

1 

261  48 

Fornication, 

4 

1 

' 

L 

48  36 

Gaming,    . 

6 

5 

182  13 

Gross  Carelessness,     . 

2 

1 

46  54 

Larceny,  . 

49 

34 

J        . 

10 

1,558  34 

License  Law, 

49 

26 

] 

L       4 

5 

1,184  59 

Lottery,     . 

2 

1 

1 

66  88 

Libel, 

1 

1 

10  28 

Malicious  Mischief,     . 

5 

1 

1 

3 

157  59 

Malicious  Trespass,     . 

2 

1 

1 

69  54 

Manslaughter,    . 

2 

2 

652  05 

Murder,     . 

3 

3 

77  44 

Nuisance, 

7 

2 

111  62 

Polygamy, 

1 

18  87 

Receiv'g  Stolen  Goods, 

2 

1 

16  88 

Riot, 

1 

1 

12  73 

Robbery,  . 

2 

2 

204  70 

Selling    Unwholesome 
Provisions, 

1 

] 

I 

9  15 

24 


ATTORNEY  GENERAL'S  REPORT. 


[Feb. 


Table  III. — Continued. 


OFFENCES. 

|       J 

°          o 

£  |  u 

2 

< 

T3 
O 
£ 

z 

be 

« 
o 
Z 

1 

o 

0 

Z 

i  4) 

as  p 

-    N 

—  Sd 

0)    ° 

Q 

COSTS. 

Stubborn  Child, 

Subornation  of  Perjury, 

Threatening  &.  Threat- 
ening Letter,  . 

Uttering  Bill  in  simil- 
itude of  Bank  Bill,  . 

Violation  of  By-law,   . 

Violation    of   "  Lord's 
day,"     . 

1 

6 

1 
1 

3 

2 
2 

1 
1 

1 

2 

1 
1 

1 

#5  91 

19  36 

164  22 

20  41 

33  39 

340 

188   17 

24 

41 

56 

8  !    6 

#8,910  65 

1851. 


HOUSE— No.  72. 


SOUTHERN  DISTRICT. 

This  District  comprises  the  Counties  of  Bristol,  Plymouth, 
Nantucket,  Barnstable,  and  Dukes  County. 

Table  IV.     Southern  District. 

BRISTOL  COUNTY. 

<^— — 8H—H—  iMiiininrfmntf.Wfi in  i  ii  «m=i»'Hrri  J->     ifMmiaiBMffl^B— — — — 


OFFENCES. 

_o 
a 

o 

s 
_o 

■> 

c 
o 
O 

'5 
w 

< 

o 

£ 

"o 

s 

m 

o 

0 

S3 

COSTS. 

Against  the  person  fe- 
loniously, 

Against  the  person  not 
feloniously,     . 

Against  property  with 
violence, 

Against  property  with- 
out violence,  . 

Other  offences,  . 

1 

24 

13 

41 
175 

10 
7 

26 

88 

1 
2 

1 

6 

6 

2 

3 
41 

16 

1 
4 
2 

11 
17 

3 

7 

$425  77 

369  89 

827  77 
1,981  70 

Total, 

254 

131 

10 

52 

16 

35 

10 

#3,605  13 

Table  of  Offences. 

Adultery, 

Affray,      . 

Arson, 

Assault,    . 

Assault,  Aggravated,  . 

Assault  on  Officer,     . 

Auction  Law,     . 

Breaking  the  Peace,    . 

Burglary, 

Contempt, 

12 
1 
3 

11 
4 
8 
1 
2 
2 
4 

3 
1 
1 

3 
2 
5 

2 
4 

4 

4 
1 

2 

5 

2 
1 

3 

1 

2 

1 

139  28 
20  40 
46  55 
179  79 
165  79 
80  19 

22  25 

58  06 
32  GO 

26 


ATTORNEY  GENERAL'S  REPORT. 


[Feb. 


Table  IV. — Continued. 


OFFENCES. 

B 

s 

V 

g 

I 

s 

6 

'5 
< 

y 

o 

£ 

"o 

bin 

s 
'■5 

£ 

o 

2 

-6 
1 

o 
Z 

c  * 

Q 

COSTS. 

Cruelty  to  Horse, 

1 

l 

#17  00 

Drunkenness,     . 

10 

6 

2 

2 

175  64 

Disturbing  School, 

2 

1 

1 

44  33 

Disturbing  Worship,   . 

1 

1 

34  47 

Escape,     . 

1 

1 

2  95 

Exposure  of  Person,   . 

1 

1 

• 

False  Pretences, 

1 

1 

• 

Fornication, 

2 

2 

24  66 

Larceny,  . 

40 

26 

3 

10 

827  77 

License    Law,  . 

75 

38 

3 

20 

10 

1 

3 

812  62 

Malicious  Mischief,     . 

2 

1 

1 

50  02 

Murder,    . 

1 

1 

Nuisance, 

40 

19 

9 

6 

6 

490  28 

Rescue,    . 

1 

1 

20  08 

Scire  Facias, 

15 

12 

1 

2 

61  80 

Shop-breaking  and  Lar- 
ceny,    . 

8 

4 

2 

2 

265  28 

Sunday  Law,     . 

2 

2 

21  45 

Violation    of    Gaming 
Law,     . 

1 

1 

11  87 

Violation  of  Peddling 

Law, 

2 

2 

254 

131 

10 

52 

16 

35 

10 

#3,605  13 

1851.] 


HOUSE— No.  72. 


27 


Table  V.     Southern  District. — Continued. 
PLYMOUTH  COUNTY. 


OFFENCES. 


ft 


fe- 


not 


with 


Against  the  person, 
loniously, 

Against  the  person, 
feloniously,     . 

Against  property, 
violence, 

Against  property,  with- 
out violence,  . 

Other  offences,  . 

Total, 


25 


12 


12 


#156  14 

334  44 

40  53 
516  64 


#1,047  75 


Table  of  Offences. 

Arson, 

Assault,    . 

Assault,  Aggravated,  . 

Assault  on  Officer, 

License  Law,     . 

Larceny,  . 

Not  keeping  High  Sch'l 

Nuisance, 

Perjury,    . 

Selling  Obscene  Book, 

Shop-breaking,  . 

Violation   of  Peddling 
Law, 


25 


12 


12 


59  07 
76  55 
20  52 
458  35 
40  53 
14  13 
16  70 


334  44 

27  46 

$1,047  75 


28 


ATTORNEY  GENERALS  REPORT. 


[Feb. 


Table  VI.     Southern  District. —  Continued. 
BARNSTABLE  AND  NANTUCKET. 


OFFENCES. 

.2 

a 
■a 

s 

a 

■p 
o 

he 

EL, 

~6 

< 

i  6 
_  « 

COSTS. 

£ 

§ 

a" 
u 

< 

~o 
2 

m 

c 

2 

Q 

Against  the  person,  fe- 
loniously, 

Against  the  person,  not 
feloniously,     . 

1 

1 

Against  property,  with 
violence, 

2 

2 

. 

Against  property,  with- 
out violence,  . 

1 

1 

Other  offences,  . 

12 

1 

1 

9 

1 

#26  21 

Total, 

10 

1 

1 

9 

5 

$26  21 

Table  of  Offences. 

BARNSTABLE. 

Arson, 

1 

1 

♦ 

Larceny,  . 

1 

Nuisance, 

1 

1 

• 

• 

Riot, 

1 

• 

1 

• 

Shop-breaking,  . 

1 

1 

• 

NANTUCKET. 

Assault  on  Officer,     . 

1 

1 

Common  Drunkard,     . 

1 

1 

14  82 

Malicious  Mischief,     . 

1 

1 

11  39 

Rescue,    . 

8 

8 

16 

1 

1 

9 

5 

$26  21 

1851.] 


HOUSE— No.  72. 


29 


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


OFFENCES. 

3 

2 

s 

£ 
o 

3 

T 

< 

8 

a, 

"3 

Z 

'■5 

a 

p- 

M 
o 
Z 

*6 
£ 

< 
o 
Z 

Si 

c  S 
o  .2 

SI  o 
Q 

COSTS. 

Against  the  person,  fe- 
loniously, 

1 

1 

Against  the  person,  not 
feloniously,     . 

34 

12 

3 

6 

10 

3 

$581  91 

Against  property,  with 
violence, 

29 

14 

2 

5 

1 

7 

704  33 

Against  property,  with- 
out violence,  . 

45 

27 

2 

3 

13 

868  30 

Other  offences,  . 

220 

104 

10 

51 

26 

21 

8 

2,524  55 

Total, 

329 

157 

17 

G5 

27 

52 

11 

$4,679  09 

30 


ATTORNEY  GENERAL'S  REPORT. 


[Feb. 


MIDDLE  DISTRICT. 

This  District  comprises  the  Counties  of  Worcester  and  Nor- 
folk. 

Table  VIII.     Middle   District. 

COUNTY  OF  WORCESTER. 


OFFENCES. 

c 

3 

o 

£ 

g 

e 
6 

'5 
cr 

< 

£ 

"5 

a 
'■£ 

a 

V 

Cl, 
03 

S 

0 

O 

< 

o 

—  b£ 

Q 

COSTS. 

Against  the  person,  fe- 
loniously, 

Against  the  person,  not 
feloniously,     . 

Against  property,  with 
violence, 

Against  property,  with- 
out violence,  . 

Other  offences,  . 

3 

44 

9 

29 
292 

23 

8 

9 

98 

12 

5 
17 

1 

2 
75 

5 

3 
61 

3 
3 

1 

10 
41 

$50  21 

1,178  98 

219  56 

878  34 
4,192  97 

Total, 

377 

138 

34 

78 

69 

58 

$6,520  06 

Table  of  Offences. 

Abduction, 

Adultery, 

Arson, 

Assault  and  Battery,   . 

Assault  on  Officer, 

Assault,  with  intent  to 
Ravish, 

Burglary, 

Cheating, 

Common  Drunkard,     . 

1 
6 
2 
41 
3 

1 
1 
6 
5 

2 

2 
22 

1 

2 

1 
12 

1 

1 

1 
2 

4 
1 

1 

1 
3 

2 

1 

1 
1 
4 

27  69 
289  40 

17  25 

1,122  25 

56  70 

5  24 

28  78 
117  92 
129  16 

1851.] 


HOUSE— No.  72. 


31 


Table  VIII. —  Continued. 


OFFENCES. 

3 

o 

S 

y 

o 

£ 

a 

"3 
< 

i 

— 

> 
3 
=,       COSTS. 

o 

a 
o 
O 

< 

"o 
2 

02 

o 
Z 

S5 

- 

Contempt  of  Court, 

18 

11 

4 

3 

$129  59 

Counterf  't  Money,  pass- 
ing, 

1 

1 

219  71 

Disorderly  House, 

1 

1 

20  55 

Disturbing  Peace, 

3 

3 

• 

Disturbing     Religious 
Meeting, 

1 

1 

18  43 

Disturbing  School, 

3 

1 

2 

84  82 

Employing      Children, 
without    Instruction, 

2 

2 

19  24 

Exhibition,  Unlawful,  . 

1 

1 

29  07 

Gaming,    . 

14 

4 

3 

5 

2 

120  62 

Larceny,  . 

21 

8 

1 

2 

5 

483  27 

Lascivious  Cohabitat'n, 

2 

2 

43  74 

License  Law, 

175 

71 

35 

34 

26 

2,983  13 

Lottery,     . 

1 

1 

9  15 

Manslaughter,    . 

1 

1 

17  28 

Malicious  Mischief,     . 

4 

2 

2 

17  32 

Nuisance, 

26 

2 

6 

15 

3 

193  18 

Perjury,    . 

1 

23  40 

Receiv'g  Stolen  Goods, 

1 

57  44 

Riotous  Assembly, 

1 

1 

. 

Sending     Threatening 
Letter,  . 

1 

1 

Scire  Facias, 

27 

3 

24 

82  20 

Shop-breaking,  . 

6 

6 

173  53 

377 

138 

34 

78 

69  |  58 

• 

#6,520  06 

32 


ATTORNEY  GENERAL'S  REPORT. 


[Feb. 


Table  IX.     Middle  District. —  Continued. 
NORFOLK  COUNTY. 


OFFENCES. 

o 

c 
c 

"> 

c 

0 

O 

w 
< 

£ 

"o 
Z 

X 

< 

c 
Z 

i  6 
c  -2 

COSTS. 

Against  the  person,  fe- 
loniously, 

1 

i 

$22  95 

Against  the  person,  not 
feloniously,     . 

14 

11 

1 

1 

i 

327  27 

Against  property,  with 
violence, 

21 

18 

1 

1 

i 

597  42 

Against  property,  with- 
out violence,  . 

26 

17 

1 

t       4 

.  ':    l 

559  90 

Other  offences,  . 

84 
146 

36 

82 

9 
11 

12 
14 

It 

1! 

»     12 
)     19 

962  32 

Total, 

1 

2,469  86 

Table  of  Offences. 

... 

Adultery, 

3 

1 

2 

1 

46  29 

Assault  and  Battery,   . 

13 

10 

317  48 

Assault  on  Officer, 

1 

1 

9  79 

Assault,  with  intent  to 

Ravish, 

1 

22  95 

Barn  Burning,    . 

2 

2 

252  22 

Cheating, 

2 

1 

30  36 

Common  Drunkard,     . 

1 

1 

• 

27  31 

Contempt  of  Court, 

2 

2 

• 

9  07 

Cruelty  to  Horse, 

1 

23  01 

Fornication, 

3 

3 

32  24 

House-Breaking, 

2 

2 

J     • 

76  05 

Indecent  Exposure,     . 

1 

. 

!    i 

13  58 

Larceny,  . 

21 

14 

1 

l       2 

1 

367  97 

License  Law,     . 

52 

27 

9 

8 

, 

>       3 

721  57 

1851.] 


HOUSE— No.  72. 


33 


Table  IX. — Continued. 


OFFENCES. 

a 

4) 

a 

"> 
3 
O 

Acquittals.      ! 
Nol.  Pros'd.    1 

o5 

< 

(2  1 

a  a 
o  .2 

O    ° 

Q 

COSTS. 

Lottery,    . 

Malicious  Trespass,    . 

Nuisance, 

Receiv'g  Stolen  Goods, 

School  Law,  Violation 
of,          .          .          . 

Scire  Facias, 

Sending     Threatening 
Letter,  . 

Shop-breaking,  . 

Sodomy,    . 

1 

2 
13 

1 

1 

5 

1 

16 

1 

1 

1 

2 
14 

1 
3 

8 
1 

1 
1 

i 

i 

4 

1 

$22  00 
17  08 
55  50 

144  49 

24  95 

9  81 
246  14 

146   82 

11  1  14 

19 

19 

1 

$2,469  86 

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


OFFENCES. 


Against  the  person,  fe- 
loniously, 

Against  the  person,  not 
feloniously,     . 

Against  property,  with 
violence, 

Against  property,  with- 
out violence,  . 

Other  offences,  . 

Total, 


58 

30 

55 
376 

523 


34 

26 

26 
134 

220 


L3 


#73  16 

1,506  22 

816  98 

1,438  24 

5,155  32 

$8,989  92 


34 


ATTORNEY  GENERAL'S  REPORT. 


[Feb. 


WESTERN  DISTRICT. 

This  District  comprises  tiie  Counties  of  Hampshire,  Hamp- 
den, Franklin,  and  Berkshire. 

'Fable  XI.     Western  District. 
HAMPSHIRE  COUNTY. 


OFFENCES. 

n 

_c 

3 

o 

£ 

c 
o 

3 
O 

'a 

< 

£ 

bio 

55 

o 

-6 
2 

o 

2 

i  6 
Q  ° 

COSTS. 

Against  the  person,  fe- 
loniously, 

1 

1 

$21  68 

Against  the  person,  not 
feloniously,     . 

8 

6 

1 

1 

218  72 

Against  property,  with 
violence, 

5 

2 

2 

1 

168  77 

Against  property,  with- 
out violence,  . 

39 

24 

3 

4 

6 

1 

1 

872  47 

Other  offences,  . 

45 

18 

6 

11 

8 

2 

747  17 

Total, 

98 

51 

10 

18 

15 

1 

3 

#2,028  81 

Table  of  Offences. 

Adultery, 

1 

1 

12  53 

Arson, 

2 

1 

1 

108  82 

Assault,    . 

6 

4 

1 

1 

152  63 

Assault  and  Battery,   . 

2 

2 

66  09 

Assault,  Felonious, 

1 

1 

21  68 

Burglary, 

2 

1 

1 

48  62 

Carrying    Spirits    into 
Prison, 

1 

1 

8  12 

Common  Drunkard,     . 

1 

1 

13  50 

Conspiracy, 

3 

2 

1 

349  05 

1851.] 


IIOUS R— No.  72. 


35 


Table  XI. — Continued. 


OFFENCES. 

o 
o 

c 
o 

a 

6 

5 

< 

o 

bio 

s 
o 

32 

M 
o 
25 

^3 
< 

o 

i 

c 
o 

o 

0 

cognizance. 

o 

H 

Contempt  of  Court, 

5 

3 

2 

#12  22 

Disorderly  House, 

1 

28  14 

Embezzlement,  . 

1 

1 

12  81 

Escape,     . 

2 

2 

18  82 

False  Pretences, 

2 

1 

12  38 

Forgery,    . 

2 

1 

51  39 

Fornication, 

1 

1 

13  54 

Habeas  Corpus, 

1 

18  80 

House-breaking', 

1 

1 

11  33 

Larceny,  . 

20 

15 

3 

1 

377  82 

License  Law,     . 

23 

2 

10 

3 

] 

L            147  44 

Nuisance, 

3 

2 

1 

82  77 

Passing  Counterf  't  Mo- 
ney, 

3 

3 

• 

3  45 

Passing  do.  Bills, 

9 

3 

3 

3 

' 

232  42 

Perjury,     . 

1 

. 

i 

28  91 

Receiv'g  Stolen  Goods, 

2 

2 

182  20 

Riot, 

1 

1 

11  96 

Sunday  Law, 

1 

1 

1  37 

98 

51 

10 

Is" 

15 

1 

S 

#2,028  81 

3G 


ATTORNEY  GENERAL'S  REPORT. 


[Feb. 


Table  XII. — Western  District — Continued. 
HAMPDEN  COUNTY. 


1   i 

1  1 

OFFENCES.         |    I 

!    p 

_3 

o 

U 

Acquittals. 
Nol.  Pios'd.    I 

c 
o 
Ph 

! 

£ 

■Si 

O 

i5 

«  1 

—  So 
C-  ° 
o  u 

c 

COSTS. 

Against  the  person,  fe- 
loniously, 

Against  the  person,  not 
feloniously,     . 

Against  property,  with 
violence, 

Against  property,  with- 
out violence,  . 

Other  offences,  . 

3 
34 

7 

35 

88 

1 

12 
3 

15 

16 

7 

2 
2 

4 
G 

1 

7 

3 

8 
35 

i 
i 

i 

7 
8 

• 

3 

3 
21 

$97  62 

713  88 

195  22 

801  73 
1,382  10 

Total, 

1G7 

47 

11 

10 

54 

18 

27 

$3,190  55 

Table  of  Offences. 

Adultery, 

Assault,    . 

Assault  and  Battery,   . 

Assault,  Felonious, 

Assault  on  Officer, 

Burglary, 

Bad  Road, 

Capias. 

Common  Drunkard,     . 

Disturbing  Public  Wor- 
ship, 

Embezzlement,  . 

False  Pretences, 

11 

1 

30 

2 

2 
2 

3 

5 

2 
G 

5 
1 
9 

1 
2 
2 

I 

1 
2 

o 
6 

4 

2 

7 
1 

2 

2 
2 

1 
1 

1 
1 
4 

1 

3 

3G8  38 
80  85 

575  14 
82  01 
21  28 

151  06 

13  54 

2  45 

52  12 

203  51 

51  77 

145  48 

1851.] 


HOUSE— No.  72. 


37 


Table  XII. — Continued, 


OFFENCES. 

5 
a 

1 

5 

O 

'3 

o 
"o 

c 

'-5 
5 

Oh 

m 

o 

2: 

T3 

-S 
iC 

i  j5 
OS  fe 

£-  c 

Q  ° 

COSTS. 

Fornication, 

3 

3 

#56  58 

Gambling-  House, 

1 

13  47 

House  of  Ill-fame, 

1 

33  97 

Illegal  Marrying, 

1 

1 

49  89 

Keeping  Bowling  Alley, 

2 

2 

86 

Kidnapping, 

1 

1 

36  61 

Lascivious  Cohabitat'n, 

1 

21  74 

Larceny,  . 

24 

12 

O 

8 

1 

1 

539  56 

License  Law,     . 

11 

2 

3 

5 

1 

90  99 

Libel, 

1 

1 

24  21 

Malicious  Mischief,     . 

6 

2 

2 

1 

103  62 

Murder,     . 

1 

1 

15  61 

Nuisance, 

10 

8 

2 

92  02 

Not  stated, 

1 

1 

36  31 

Perjury,    . 

3 

2 

1 

56  83 

Passing  Counterf 't  Bills, 

o 

2 

43  47 

Scire  Facias, 

22 

(3 

16 

85  22 

Selling  Lottery  Tickets, 

1 

21  45 

Selling   Obscene   Pic- 

ture, 

27  42 

Shop-breaking,  ■ 

3 

1 

44  16 

Sunday  Law,      . 

1 

8  07 

Trespass, 

1 

40  30 

1(17 

47 

11 

10 

54 

] 

8 

27 

$3,1!)0  55 

ATTORNEY  GENERAL'S  REPORT. 


[Feb, 


Table  XIII.     Western  District. — Continued. 
FRANKLIN  COUNTY. 


OFFENCES. 

c 
o 

3 
2 

s 
_o 

'> 

s 
o 

o 

'5 

< 

t 

£         0 

:           o          ' 
2          fc          > 

3 

5  ~ 

COSTS. 

Against  the  person,  fe- 
loniously, 

Against  the  person,  not 
feloniously,     . 

15 

7 

7 

1 

$157  37 

Against  property,  with 
violence, 

2 

1 

1 

53  27 

Against  property,  with- 
out violence,  . 

16 

9 

3 

I       2 

t 

390  37 

Other  offences,  . 

57 

34 

8 

7       8 

469  32 

Total, 

90 

50 

1 

18 

3     12 

$1,070  33 

Table  of  Offences. 

Adultery, 

1 

1 

20  99 

Arson, 

1 

1 

34  17 

Assault,    . 

13 

6 

7 

- 

121  03 

Assault  and  Battery,   . 

1 

1 

13  74 

Assault  on  Officer, 

1 

1 

39  13 

Bad  Road, 

2 

1 

1 

6  62 

Disturbing      Religious 

Worship, 

1 

1 

37  65 

Embezzlement,  . 

1 

1 

34  60 

False  Pretences, 

1 

1 

22  60 

Forcible  Entry, 

1 

1 

19  10 

Forgery,   . 

1 

] 

I 

. 

1851.] 


HOUSE— No.  72. 
Table  XIII. — Continued. 


39 


OFFENCES. 

a 
o 

£ 

s 
_o 

'> 
o 
U 

°3 
< 

o 

"o 
Z 

too 

V 

Oh 

M 
o 
Z 

< 
o 
Z 

;_  c 

D       COSTS. 

Keeping  Bowling  Alley, 

Lareeny,  . 

License  Law,     . 

Malicious  Mischief,     . 

Malicious  Trespass,    . 

Motion  for  New  Trial, 

Nuisance, 

Passing  Counterf  t  Coin, 

Scire  Facias, 

Threatening, 

2 

9 

42 

3 

1 
2 
2 
1 
1 
3 

1 

6 

30 

2 

c 

] 

I 

L 

* 

1 

2 

1 
2 

1 

5 
1 

1 

#230  02 
265  86 
68  50 
35  86 
52  64 
19  99 
21  39 

6  44 

90 

50 

1 

18 

8 

12 

1 

#1,070  33 

40 


ATTORNEY  GENERAL'S  REPORT. 


[Feb. 


Table  XIV.     Western  District.—  Continued. 
BERKSHIRE  COUNTY. 


OFFENCES. 

a 
o 

£ 

c 

o 

u 

'5 
< 

2 
£ 

Z 

bio 

£ 

o 

~6 

< 

ill 

-  =1       COSTS. 

Is] 

Against  the  person,  fe- 
loniously, 

Against  the  person,  not 
feloniously,     . 

Against  property,  with 
violence, 

Against  property,  with- 
out violence,  . 

Other  offences,  . 

2 
15 
9 

15 

103 

1 

3 

8 

7 
56 

3 

2 

8 

6 
5 

1 

2 

2 

26 

1 
1 

3 
3 

1 

5 

$1,063  09 
211  84 
312  76 

295  40 

1,050  97 

Total, 

144 

75 

13 

11 

31 

8 

6 

$2,934  06 

Table  of  Offences. 

Adultery, 

Assault,    . 

Assault,  Aggravated,  . 

Assault  and  Battery,   . 

Assault,  Felonious, 

Burglary, 

Burning  Barn,    . 

Capias, 

Disturbing  Public  Wor- 
ship, 

Drunkenness,     . 

Embezzlement,  . 

False  Pretences, 

5 
11 

3 
1 
1 
3 
1 
5 

1 
1 

1 

1 
1 
2 

3 

3 
1 

2 

2 

1 

2 

( 

1 
2 

1 
1 

1 
1 

1 

1 
1 

117  68 
153  39 

58  45 

37  48 
104  99 
131  53 

20  14 

17  76 

21  75 
5  60 

22  49 

1851.] 


HOUSE— No.  72. 


41 


Table  XIV. — Continued. 


OFFENCES. 

s 
o 

a> 
o 

> 
a 
o 
O 

5 

'3 

< 

2 

55 

S3 
O 

PL, 

DQ 

o 
55 

-Si 

o 

Q  " 

COSTS. 

House-Breaking, 

Larceny,  . 

License    Law,  . 

Lewd  Cohabitation,     . 

Malicious  Mischief,     . 

Nuisance, 

Passing  Counterf 't  Mo 
ney,       . 

Profaneness, 

Quo  Warranto,  . 

Rape, 

Riot, 

Scire  Facias, 

Shop-breaking,  . 

3 
10 
69 
2 
2 
2 

3 
1 
1 
1 
2 
12 
2 

3 

4 

39 

1 

3 

1 

1 
1 
9 
2 

i 
] 

> 

3 

1 

1 

2 

18 
1 
1 
2 

1 
1 

1 
1 

l 

I 

$27  74 

198  76 

527  41 

56  47 

14  14 

19  57 

68  55 
21  87 
41  16 
1,025  61 
117  81 
75  21 
48  50 

144 

75 

13 

11 

31 

8 

6 

#2,934  06 

\l 


ATTORNEY  GENERAL'S  REPORT.    [Feb.  1851. 


Table^  XV.      Recapitulation.     Whole    No.    in   the  Western 
District. 


■  m  Mxaaoni 


OFFENCES. 

1 

o 

o 

£ 

c 
o 

c 

6 

a" 
< 

o 

"3 
55 

ti 

R 
02 

S 

o 

-6 
a; 

o 

•< 

0 

2, 

i  si 
«  p 

§| 
—  fci 

Q  ° 

COSTS. 

Against  the  person  fe- 
loniously, 

6 

3 

a 

J 

$1,182  39 

Against  the  person  not 
feloniously,     . 

72 

28 

10 

18 

10 

3 

3 

1,301  81 

Against  property  with 
violence, 

23 

13 

1 

2 

4 

3 

730  02 

Against  property  with- 
out violence,  . 

105 

55 

4 

8 

16 

16 

2 

4 

2,359  97 

Other  offences,  . 

293 

124 

10 

25 

79 

27 

5 

23 

3,649  56 

Total, 

499 

223 

25 

53 

111 

50 

' 

30 

#9,223  75 

Table  XVI. 

Showing  the  whole  amount  of  the  Criminal  Business  in  the 
Commonwealth. 


OFFENCES. 

q 
o 

<u 

0 

£ 

_o 

6 

'5 
< 

o 

£ 
si 

b'c 

a 

a 
o 
PL, 

£ 
S 

T3 

< 
t 

p 

COSTS. 

Against  the  person,  fe- 
loniously, 

#44 

19 

4 

6 

13 

1 

$3,324  44 

Against  the  person,  not 
feloniously,     . 

505 

264 

61 

46 

39 

66   10 

19 

11,023  75 

Against  property,  with 
violence, 

264 

1(58 

so 

10 

26 

37     3 

6,570  74 

Against  property,  with- 
out violence,  . 

719 

400 

73 

34 

66 

L06  22 

18 

15,683  32 

Other  offences,  . 

2232 

1056 

118 

248 

379 

270,  68 

93 

27,298  43 

Total, 

*3764 

1907 

276 

338 

516 

492  104 

130 

$03,900  68 

'One  sent  to  Supreme  Court.