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

HOUSE No. 72. 



ANNUAL TtEPOTtT 



ATTORNEY GENERAL 



FEBRUARY, 185 1. 



Feb. 1851.] HOUSE— No. 72. 



&omnumtotalt9 of M&&®Ml)nmtt®- 



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 

•- 


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 
z 


c 
1 

so 





O 

z 


i 6 
« a 

.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 



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— i M iii n i nrfmntf.Wfi in i ii «m=i »'Hrr i J-> ifMmiaiBM ffl^B— — — — 



OFFENCES. 


_o 
a 

o 


s 
_o 

■> 

c 
o 
O 


'5 
w 

< 


o 

£ 

"o 


s 


m 

o 




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 




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 



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 




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 

£ 


: 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. 

I s ] 


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 

•< 



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 



£ 


_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.