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

HOUSE No. 90. 



ANNUAL REPORT 



ATTORNEY-GENERAL, 



LEGISLATURE. 



FEBRUARY, 1859. 



BOSTON: 

WILLIAM WHITE, PRINTER TO THE STATE. 
1859. 



T OF MASMflilffiETS, 

BOSTON- 

n iS83 



Conumuuucaltl) of itlassacfjusctts. 



Attorney-General's Office, Boston, \ 
February 16, 1859. ) 

To the Hon. Charles Hale, Speaker of the House of Repre- 
sentatives. 

Sir: — I transmit herewith, for the use of the legislature, in 
conformity with the requirements of the statutes, an Abstract 
of* the annual reports made by the several district-attorneys for 
the year 1858, together with a report of the causes conducted 
and argued by rhe Attorney-General during the same year. 
Besides the usual tables some additional ones have been 
prepared for the more ready comparison of results. 

1 avail myself of this opportunity to suggest to the legislature 
the expediency of making sume modifications in the existing 
provisions of law relating to the returns of the district-attorneys 
and the statistics of crime generally. 

By statutes 1844, chapter 87, and statutes 1849, chapter 186, 
section 5, the several district-attorneys are required, on or 
before the fifteenth day of January in each year, to make a 
report to the Attorney-General of the amount and kind of 
official business done by them during the preceding year, the 
number of persons prosecuted, the crimes, offences, or misde- 
meanors for which the prosecutions were bad ; the results, the 
punishments awarded and the amount of costs in each case. 
From these reports the Attorney-General is required (by statutes 
1849, chapter 186, section 4,) to prepare and transmit to the 
legislature during the month of February abstracts and tabular 
statements showing; the nature and extent of crime in the State, 



4 ATTORNEY-GENERAL'S REPORT. [Feb. 

and the several counties, the number of prosecutions, the results 
and the punishments awarded, particularly discriminating be- 
tween crimes perpetrated against the person and against the 
rights of property and whether with or without violence ; the 
amount of costs arising in such prosecutions and whether paid 
by the parties accused or not ; with such other information as 
may present full and complete statistics of crime and the 
operation of the criminal laws. 

In the abstracts herewith transmitted, an attempt has been 
made to present a more complete classification of offences than 
is specified in the statute. It has been customary heretofore, to 
classify offences under five heads, viz. : — Against the person 
feloniously. Against the person not feloniously. Against 
property with violence. Against property without violence, and 
other offences. By offences against property without violence, 
is understood that class of crimes in which a material element 
is an intent to defraud without any direct attack upon the 
specific property of another. 

It is obvious that this classification, which is however all that 
the statute requires, is very imperfect. The unclassified residuum 
of " other offences " embraces by far the greater part of the 
whole number of offences prosecuted. This large remainder 
also embraces many classes of offences, as offences against the 
public peace, against the public health, against public justice, 
against decency and morality, against public policy, and against 
public or common rights. The same kind and degree of infor- 
mation deemed necessary as a guide to legislation for the pre- 
vention and punishment of crimes against the person and against 
property, must also be useful in the treatment of the less 
startling, but perhaps no less dangerous offences against morality, 
public justice and public policy. 

And I would therefore respectfully suggest that all future 
abstracts required to be made should present as far as is prac- 
ticable a complete classification of offences. And inasmuch as 
the classification of offences by the various writers on the crim- 
inal law, and in the laws of the different States is not altogether 
uniform, and as the classification in the Revised Statutes is 
imperfect, and some offences may not improperly be included 
in more than one class, it might be expedient to fix the limits 



1859.1 HOUSE— No. 90. 5 

of the several classes of crime so far as is practicable by express 
enactment. 

But it is in regard to the information to be derived from these 
returns and abstracts as to the results of prosecutions and the 
increase or diminution and existing state of crime, that the 
present provisions of law seem to me to be especially defective. 
They inform us, it is true, that a certain number of prosecutions 
have been pending in our criminal courts during the year, of 
which a certain number have resulted in conviction and sen- 
tence and a certain number in acquittal, and that a certain 
number have failed from one or another of many possible 
causes ; but when the crimes prosecuted were committed, how 
many in one year and how many in another, or whether a given 
offence is increasing or diminishing from year to year, (a fact 
perhaps more important than any other to be made certain for 
legislative purposes,) cannot with any degree of certainty be 
ascertained upon the existing system. Again, the public are at 
great expense every year to pay the cost of unsuccessful prose- 
cutions ; yet these returns afford no clue whatever to the causes 
of failure ; and therefore give no assistance in the application of 
the remedy. The whole number of prosecutions returned 
includes two distinct classes of cases, viz. : those commenced 
before justices of the peace and police courts and carried by 
appeal to the court of common pleas, and cases commenced 
by indictment by the grand jury. It would certainly be useful 
to have the means of instituting from time to time a comparison 
between these two classes of cases, as to the relative success, 
promptitude and economy of prosecution by the one or the other 
mode, that such discrimination may be made in limiting the 
jurisdictions of the various courts and magistrates as will most 
effectually secure the great end of all criminal legislation, the 
prevention of crime by the prompt and certain punishment of 
offences committed. Vet these two classes of cases are not 
discriminated in the returns or the abstracts now required by 
law to be made. Moreover, these cases, brought by appeal to 
the court of common pleas, are all cases of petty offences, of the 
same classes and nature with the cases finally disposed of before 
the same magistrates and police courts, and there seems to be 
no good reason, why, in a complete statistical exhibit of the 
state of crime in the Commonwealth, the results of this class of 



6 ATTORNEY-GENERAL'S REPORT. [Feb. 

prosecutions should not be taken into account in tbe abstracts 
made of the same classes of crimes prosecuted to a final result 
in the lower tribunal, or why the system of criminal statistics 
should not extend to and embrace all prosecutions in whatever 
mode commenced. And yet until the year 1858, the returns of 
criminal prosecutions before justices and police courts were 
made to, and abstracts thereof prepared by, the secretary of the 
Commonwealth, while the returns of criminal business in the 
court of common pleas, has been made to. and an abstract 
thereof prepared by, the Attorney-General. That this arrange- 
ment does not tend to a uniform, certain and complete system 
of statistics of crime, nor to convenient access to such informa- 
tion as is ai'forded to the public on these important matters, is 
too obvious to require illustration. And in this connection I 
desire respectfully to call the attention of the legislature to what 
seems to me the extrem; ly impolitic provisions of statute 1858, 
chapter 155, section 2, which dispenses with all publication in 
detail of the business transacted by justices of the peace and 
police justices, whose operations, even more perhaps than 
those of the superior criminal courts require the constant 
scrutiny of the public and the careful supervision of the legisla- 
ture, as well for economical reasons, as also to check and prevent 
the abuse of criminal process into which these inferior tribunals 
are much more liable to be led. 

The foregoing suggestions as to the deficiencies in our present 
system of criminal statistics, without being intended as an 
exposition of all its imperfections, will perhaps be sufficient to 
satisfy the legislature that it is at 1 sast capable of improve- 
ment, and I would respectfully suggest the expediency of pro- 
viding that for the future the published abstracts of the returns 
of the district-attorneys should exhibit the following details as 
to prosecutions commenced in the court of common pleas, in 
reference to each offence, viz. : number of prosecutions pending 
at beginning of the year ; number of cases on lile at beginning 
of the year; verdicts "guilty;" verdicts "not guilty;" dis- 
agreements of jury; carried to the supreme judicial court; 
quashed, nol. pros'd, or dismissed for informality; nol. pros' d, 
or dismissed on payment of costs or satisfaction by parties 
accused ; nol. pros' d for other cause ; sentences to State 
prison ; sentences to house of correction or jail ; sentences to 



1859.] HOUSE— No. 90. 7 

fine and imprisonment ; sentences to fine ; sent to State Reform 
School ; on probation after conviction ; pending cases disposed 
of during the year ; placed on file ; still pending ; not arrested ; 
defaulted on recognizance before trial ; defaulted on recog- 
nizance after conviction ; costs accrued within the year; costs 
of the year paid ; costs of former years paid. 

In addition to the foregoing details, it might be well to have 
a more minute report of the convicted cases, for cases of this 
class are almost exclusively to be regarded in forming any 
judgment as to the increase or decrease of crime. And returns 
might be made showing at least the year in which the offence 
proved was committed, and perhaps, also, it might be useful to 
add the age of the defendant at the time of its commission and 
the place of his nativity. These facts might readily and con- 
veniently be presented by tabular statements. 

In regard to the other class of cases pending in the court of 
common pleas, viz. : appeals from justices and police courts, the 
same details should be required as in cases commenced in the 
court of common pleas, but they should be separately pre- 
sented, that the legislature may have means of judging of the 
comparative advantages as to certainty and dispatch of the 
two methods of prosecution. And I would further suggest 
that it might operate as a wholesome cheek upon the proceed- 
ings of trial justices, and prevent carelessly drawn complaints, 
and irregularly attested papers from being carried to the court 
of common pleas at great expense to the Commonwealth and 
the counties, if a table should be published showing the whole 
number of complaints dismissed, quashed, or nol. pros'd for 
informality, and the number carried to tin? supreme judicial court 
on any question of law arising upon the form of the complaint or 
other papers, and the names of the magistrates by whom the 
same were sent up. The experience of the past year has shown 
that no small number of the criminal cases argued in the 
supreme judicial court are cases of complaints originating 
before justices and carried up on questions of the sufficiency of 
some unusual form of complaint, or some irregular attestation 
of papers: and it would not probably work injustice, while it 
might produce certainty and uniformity in the form of crimi- 
nal proceedings, and thereby prevent many questions and save a 
large amount of costs, to provide by law that whenever a com- 



8 ATTORNEY-GENERAL'S REPORT. [Feb. 

plaint is dismissed, quashed, or nol. pros'd for informality, or 
any delay is occasioned by reason of any irregularity in, or 
unusual form of, the papers brought up by appeal, no costs 
shall be allowed to the magistrate. 

If any change is thought advisable in the present system of 
criminal statistics, it may become a serious question by whom 
and in what form the returns and the abstracts thereof shall 
be made. Before the passage of statute 1858, chapter 155, 
which has been already adverted to, tne justices of the peace 
and of the police courts made annual returns of all the cases 
heard by them in detail to the secretary of the Commonwealth, 
and an abstract of the same was prepared by him. One reason 
given it is understood, for the discontinuance of this abstract 
was that its preparation imposed on the secretary a very heavy 
burden. The present returns required of district-attorneys 
also impose on those officers an immense amount of merely 
clerical labor, which must be performed by them at a sea- 
son when their other official duties are sufficiently onerous. 
They are required to return the names of all persons prose- 
cuted, with full details of each case. At the time this pro- 
vision was made the district-attorneys were authorized to receive 
and obliged to account for costs paid by parties accused, and 
one object, perhaps, of this full return of each case was to 
secure accuracy in their accounts. But since, by statutes 1857, 
chapter 107, the sheriffs alone are entitled to receive these 
costs, there seems to be no sufficient reason for requiring from 
the district-attorneys any greater detail in their returns than is 
required for publication. These reports are becoming more 
burdensome every year, and an inspection of them would, I 
think, satisfy any one that a very large amount of labor is 
required for their preparation. 

No advantage is perceived in having a record at the State 
House of the names of parties prosecuted. If information on 
this point is desired, it may readily be obtained from the records 
of the court. It seems to me, therefore, that it is due to the 
district-attorneys and for the interest of the Commonwealth, 
to relieve these officers of this burden, and to provide that 
instead of the full report of cases heretofore required, they 
should return abstracts, showing the various details above 
indicated. At any rate, I should be very reluctant to require 



1859.] HOUSE— No. 90. 9 

of these officers any fuller return than at present, unless they 
are first released from this (as it seems) wholly unnecessary 
labor. 

As regards the returns of justices of the peace and police 
courts, so far as returns are necessary for State purposes, for the 
publication of the statistics of crime, there seems to be no reason 
why they may not, with the aid of full instructions and of care- 
fully prepared blanks, return abstracts instead of a detail of 
cases. Of course the returns which they make to the county 
officer with whom they account for costs taxed, paid and 
received, should be full and in detail, but it is not perceived, 
that for the purpose now in question, any greater detail need be 
required than is required in the published abstracts. And as 
in the case of towns a punctual and regular observance of the 
laws requiring school returns is enforced, by a judicious system 
of forfeitures, so the control of the Commonwealth over the fees 
of these magistrates might be made instrumental in obtaining 
punctual, formal, and regular returns of their criminal business. 

If these suggestions should meet with a favorable considera- 
tion on the part of the legislature, the labor remaining for the 
secretary or other officer charged with the duty of combining 
these abstracts in a form convenient for publication, would, it 
is believed, be very considerably less than has heretofore been 
bestowed upon the preparation of abstracts of the returns now 
required bylaw. And for reasons stated above, it seems proper 
that all the statistics of crime should be presented to the public 
in a single publication. 

One of the tables in the accompanying abstract exhibits, with 
reasonable discrimination, the character of the sentences which 
have been imposed in the several counties during the past year. 
This is, perhaps, as detailed a statement, as could be prepared 
under the circumstances. It has, however, become a subject of 
frequent remark that a great inequality exists in the sentences, 
which have been imposed in the different counties at different 
terms for similar offences, and some anxiety has been manifested 
to verify the suggestion. The means at my disposal are not 
quite sufficient for this purpose. All, however, who are familiar 
with the administration of criminal law and the difficulties 
attendant upon our system of prison discipline, will admit that 
this inequality of sentences occasions serious embarrassment. 

2 



10 ATTORNEY-GENERAL'S REPORT. [Feb. 

It may also have encouraged to some extent the indiscriminate 
applications for pardons, which have become so frequent of late 
years, and which have been recently made the subject of careful 
consideration by the executive branch of the government. The 
laws of the Commonwealth in many cases leave the matter of 
sentence very much to the sound judicial discretion of the 
court, by establishing a very great distinction between the 
maximum and the minimum penalty, that may be imposed. 
The sentences must naturally therefore vary much, according to 
the circumstances under which they are awarded, and the dispo- 
sitions of individual judges. And all this may properly be 
suggested without imputing any error of judgment to the 
learned and upright magistrates, who are charged with enforcing 
the laws. The difficulty arises, so far as the courts are concerned, 
from the impossibility of adopting any certain standard by which 
to be governed. Our statistics are upon this matter wholly 
insufficient. It seems quite important that our courts should 
have the final results of criminal procedure placed before them 
in some form, which, more than any hitherto adopted, should 
guide them in reducing the administration of criminal law to 
as uniform a rule of practice as experience and wisdom can 
suggest. And it has been recommended in some quarters that 
sentences in extreme cases might be revised by a prescribed 
quorum of the court, which awarded them, so that several 
judges, profiting by a common experience, and a calm consulta- 
tion might correct any sentence, which should seem unnecessa- 
rily severe. Such a duty is in its nature judicial, and requires 
for its successful performance, the dignity, deliberation, respon- 
sibility and publicity of a court of justice. It should never be 
assumed that an incorrect sentence has been awarded, and this 
right to claim a revision would seem to be sufficient to insure 
to all convicts a careful consideration of their cases. After 
such a right shall have been exhausted, an appeal to the clem- 
ency of the pardoning power would probably prove so generally 
ineffectual, that it would only be attempted in the most peculiar 
and extraordinary cases. 

More careful statements of the sentences imposed would also 
guide the legislature in the performance of their duties. The 
statutes of the Commonwealth are open to the charge of incon- 
sistency, in the penalties which they prescribe for different 



1859.] HOUSE— No. 90. 11 

offences. I have already alluded to the broad limits allowed in 
some eases to judicial discretion. The denial of all discretion 
in other instances, is not less noticeable. This subject cannot 
now be considered in detail, but these suggestions are sufficient 
to indicate the necessity of more complete statistical information 
in this particular. The character, progress and tendency of 
crime is not to be ascertained by a mere recapitulation of the 
number and expenses of unsuccessful prosecutions, of frivolous 
complaints, attributable to the malice of private prosecutors, or 
the cupidity or officiousness of magistrates and policemen. The 
number and general character of the sentences imposed are far 
more instructive. And therefore, although the importance of 
accurate returns to indicate the operation of our system of 
criminal procedure is not to be undervalued, it will I think, be 
conceded, that the number and character of the penalties 
inflicted furnish the most reliable information of the real state 
of crime in the Commonwealth. 

In this connection let me add, that it is claimed with some 
pride by careful observers that although the expenses of the 
administration of criminal justice have greatly increased, yet a 
critical examination of the data that are now accessible, will 
satisfy a candid mind that although there exists in certain 
localities a great eagerness to prosecute offences, especially 
petty ones, and although such prosecutions are constantly 
becoming more and more expensive, yet that the real increase 
of crime is not in proportion to the increase of population, and 
that at no time in the history of Massachusetts, have life, 
liberty and property, been more secure than at present. 

It is made by statute the duty of the Attorney-General, upon 
the request of the governor, to investigate all cases in which a 
requisition is sought to be obtained upon the executive author- 
ity of another State, for the surrender of an alleged fugitive 
from justice, or in which a requisition is produced from 
another State for the surrender of a fugitive from the jus- 
tice of such State, who may be lurking within our precincts. 
This process of extradition, secured by the constitution for the 
wisest purposes, is liable to great abuse, and I feel justified by 
experience in stating that the strictest scrutiny may not always 
prove sufficient to prevent imposition. The whole proceeding 



12 ATTORNEY-GENERAL'S REPORT. [Feb. 

is necessarily based upon ex-parte statements, although the 
consequence of executive action may be to require a party to 
proceed hundreds or thousands of miles to answer to a charge 
upon which he may be acquitted. The statute of the Common- 
wealth, which has been referred to, and to which the attention 
of the general court has also been called in the address of his 
excellency the Governor, is hardly in keeping with the strict 
provisions of the law of the United States, and seems to require 
amendment. It has, therefore, been thought proper to adopt 
strict rules, and most especially, to use the utmost caution to 
prevent the process of the executive from being abused for 
mere purposes of private litigation. 

I also respectfully call the attention of the legislature to a 
serious practical difficulty in the administration of criminal 
justice, which has been submitted to me by at least two of the 
district-attorneys. Recent legislation requires that at a crim- 
inal term those parties who are in custody and unable to fmd 
bail, shall be tried first ; after them the parties charged with 
violating the prohibitory laws, generally known as the liquor 
laws; and, last of all, if the term is long enough, the other 
parties charged with offences of all kinds, who have been 
enlarged on bail. It not unfrequently happens, in many of the 
counties, that the term is brought to a close before the cases 
for violation of the liquor laws are all disposed of, and all those 
who have their liberty, go untried and unpunished, for at the 
next term they are displaced by a new set of offenders, whose 
cases have precedence ; and although sufficient time is generally 
found for the trial of the most notorious of this third class, 
there still remain undisposed of a great many petty cases of 
misdemeanor, a large proportion of which came up by appeal 
from the magistrates. The evil consequences of this state of 
things cannot be set forth too strongly. Admitting that the 
petty cases alone go unpunished ; still, if they are worth prose- 
cuting they deserve punishment, and if they have been frivo- 
lously prosecuted, the party charged is entitled to such a dispo- 
sition of the case as will relieve a good name from an unjust 
imputation. It has, however, become generally understood, in 
some counties, that this state of things secures an absolute 
immunity from punishment in such cases as I have described, 



1859.] HOUSE— No. 90. 13 

and that a party convicted before a magistrate has only to find 
bail and appeal, and he may defy the law. It may be added 
that the constantly increasing number of " pending " cases in 
some counties is referable to this peculiar cause. 

I have the honor to be, most respectfully, 
Your obedient servant, 

STEPHEN H. PHILLIPS, 

Attorney- General. 



14 ATTORNEY-GENERAL'S REPORT. [Feb. 



CASES 

Conducted and argued by the Attorney- General from January 1, 1858, 
to January 1, 1859. 

COUNTY OF BERKSHIRE. 

Commonwealth v. Daniel R. Cotten. Liquor Law S. J. C. Ex- 
ceptions from C. C. P. Exceptions overruled, and case remanded to 
C. C. P. for sentence. 

Commonwealth v. Edwin Davis. S. J. C. Counterfeit Money. 
Exceptions from C. C. P. Exceptions to instructions on one count 
sustained, on the other counts overruled. Case remanded to C. C. P. 
for sentence. 

COUNTY OF BRISTOL. 

Commonwealth v. Jeremiah Murphy. S. J. C. Nuisance. Ex- 
ceptions from C. C. P. Exceptions overruled, and case remanded to 
C. C. P. for sentence. 

Commonwealth v. John Parkinson. S. J. C. Nuisance. Excep- 
tions from C. C. P. Exceptions overruled, and case remanded to 
C. C. P. for sentence. 

Commonwealth v. George Carr. S. J. C. Nuisance. Exceptions 
from C. C. P. Exceptions overruled, and case remanded to C. C. P. 
for sentence. 

Commonwealth v. James Godley. S. J. C. Nuisance. Exceptions 
from C. C. P. Exceptions overruled, and case remanded to C. C. P. 
for sentence. 

Commonwealth v. John McArty. S. J. C. Nuisance. Exceptions 
from C. C. P. Exceptions overruled, and case remanded to C. C. P. 
for sentence. 

Commonwealth v. James Hoge. S. J. C. Liquor Law. Excep- 
tions from C. C. P. Exceptions overruled, and case remanded to 
C- C. P. for sentence. 

Commonwealth v. Henry Leonard. S. J. C. Liquor Law. Ex- 
ceptions from C. C. P. Exceptions overruled, and case remanded to 
C. C. P. for sentence. 

Commonwealth v. Samuel F. Davis. S. J. C. Liquor Law. Ex- 
ceptions from C. C. P. Exceptions overruled, and case remanded to 
C. C. P. for sentence. 



1859.] HOUSE— No. 90. 15 

Commonwealth, v. Stephen White. S. J. C. Nuisance. Excep- 
tions from C. C. P. Exceptions overruled, and case remanded to 
C. C. P. for sentence. 

Commonwealth v. Andrew McGuire. S. J. C. Liquor Law. Ex- 
ceptions from C. C. P. Exceptions overruled, and case remanded to 
C. C. P. for sentence. 

Commonwealth v. Bridget McGuire. S. J. C. Liquor Law. Ex- 
ceptions from C. C. P. Exceptions overruled, and case remanded to 
C. C. P. for sentence. 

Commonwealth v. Philip Pitts. S. J. C. Nuisance. Appeal from 
C. C. P. Appeal irregularly entered, and case remanded to C. C. P. 
for further proceedings. 

Commonwealth v. Lydia C. Barnes. S. J. C. Nuisance. Excep- 
tions from C. C. P. Exceptions overruled, and case remanded to 
C. C. P. for sentence. 

Commonwealth v. Michael Ayer. S. J. C. Larceny. Exceptions 
from C. C. P. Exceptions waived, and case remanded to C. C. P. 
for sentence. 

Commonwealth v. Michael Ayer. S. J. C. Larceny. Exceptions 
from C. C. P. Exceptions waived, and case remanded to C. C. P. 
for sentence. 

Commonwealth v. John Collins, S. J. C. Scire facias. Appeal 
from C. C. P. Appeal sustained. Judgment for defendant. 

Commonwealth v. Lloyd Brown. S. J. C. Larceny. Exceptions 
from C. C. P. Exceptions overruled, and case remanded to C. C. P. 
for sentence. 

Commonwealth v. Parmenius Pierce. S. J. C. Adultery. Ex- 
ceptions from C. C. P. Exceptions overruled, and case remanded to 
C. C. P. for sentence. 

Commonwealth v. Rebecca L. Thrasher. S. J. C. Adultery. Ex- 
ceptions from C. C. P. Exceptions overruled, and case remanded to 
C. C. P. for sentence. 

Commonwealth v. John Rogers. S. J. C. Rape. Exceptions 
from C. C. P. Exceptions overruled, and case remanded to C. C. P. 
for sentence. 

Commonwealth v. Martin Hoge. S. J. C. Nuisance. Exceptions 
from C. C. P. Exceptions overruled, and case remanded to C. C. P. 
for sentence. 

Commonwealth v. John Carr. S. J. C. Liquor Law. Exceptions 
from C. C. P. Exceptions overruled and case remanded to C. C. P. 
for sentence. 



16 ATTORNEY-GENERAL'S REPORT. [Feb, 

Common wealth v. Franklin Whitney. S. J. C. Drunkenness. 
Appeal from C. C. P. Appeal dismissed, and case remanded to 
C. C. P. for sentence. 

Commonwealth v. Old Colony Railroad Company. S. J. C. Nui- 
sance. Exceptions from C. C. P. Continued nisi. 

COUNTY OF ESSEX. 

Commonwealth v. George Lee. S. J. C. Liquor Law. Excep- 
tions from C. C. P. Exceptions overruled, and case remanded to 
C. C. P. for sentence. 

Commonwealth v. William Roland. S. J. C. Liquor Law. Ex- 
ceptions from C. C. P. Exceptions overruled, and case remanded to 
C. C. P. for sentence. 

Commonwealth v. Caleb Wiley. S. J. C. Liquor Law. Excep- 
tions from C. C. P. Death of Defendant suggested. 

Commonwealth v. Moody Dow. S. J. C. Liquor Law. Excep- 
tions from C. C. P. Exceptions overruled, and case remanded to 
C. C. P. for sentence. 

Commonwealth v. Julius C. Gale. S. J. C. Liquor Law. Ex- 
ceptions from C. C. P. Exceptions overruled, and case remanded to 
C. C. P. for sentence. 

Commonwealth v. William G. Kilham. S. J. C. Liquor Law. 
Exceptions from C. C. P. Exceptions overruled, and case remanded 
to C. C. P. for sentence. 

Commonwealth v. Joseph Francis. S. J. C. Liquor Law. Ex- 
ceptions from C. C. P. Exceptions overruled, and case remanded to 
C. C. P. for sentence. 

Commonwealth v. Patrick Riley. S. J. C. Liquor Law. Excep- 
tions from C. C. P. Exceptions overruled, and case remanded to 
C. C. P. for sentence. 

Commonwealth v. Josiah Herrick, Jr. S. J. C. Liquor Law. 
Exceptions from C. C. P. Exceptions overruled, and case remanded 
to C. C. P. for sentence. 

Commonwealth v. Edward C. Logan. S. J. C. Nuisance. Ex- 
ceptions from C. C. P. Exceptions overruled, and case remanded to 
C. C. P. for sentence. 

Commonwealth v. Ann Martin. S. J. C. Liquor Law. Excep- 
tions from C. C. P. Exceptions overruled, and case remanded to 
C. C. P. for sentence. 

Commonwealth v. Patrick Kelly. S. J. C. Liquor Law. Excep- 
tions from C. C. P. Exceptions overruled, and case remanded to 
C. C. P. for sentence. 



1859.] HOUSE— No. 90. 17 

Commonwealth v. Benjamin Kimball. S. J. C. Liquor Law. 
Exceptions from C. C. P. Exceptions overruled, and case remanded 
to C. C. P. for sentence. 

Commonwealth v. James A. Odell. S. J. C. Liquor Law. Ex- 
ceptions from C. C. P. Exceptions overruled, and case remanded to 
C. C. P. for sentence. 

Commonwealth v. Patrick Brickley. S. J. C. Liquor Law. Ex- 
ceptions from C. C. P. Exceptions overruled, and case remanded to 
C. C. P. for sentence. 

Commonwealth v. Alfred Pillsbury et al. S. J. C. Liquor Law. 
Exceptions from C. C. P. Exceptions overruled, and case remanded 
to C. C. P. for sentence. 

Commonwealth v. William G. Brown. S. J. C. Liquor Law. 
Exceptions from C. C. P. Exceptions overruled and case remanded 
to C. C. P. for sentence. 

Commonwealth v. John C. McLean. S. J. C. Liquor Law. Ex- 
ceptions from C. C. P. Exceptions overruled, and case remanded to 
C. C. P. for sentence. 

Commonwealth v. Leonard Brown. S. J. C. Liquor Law. Ex- 
ceptions from C. C. P. Exceptions overruled, and case remanded to 
C. C. P. for sentence. 

Commonwealth if. Moody Dow. S. J. C. Liquor Law. Excep- 
tions from C. C. P. Exceptions overruled, and case remanded to 
C. C. P. for sentence. 

Commonwealth v. William C. Senter. S. J. C. Liquor Law. 
Exceptions from C. C. P. Exceptions overruled, and case remanded 
to C. C. P. for sentence. 

Commonwealth v. Thomas Rand. S. J. C. Liquor Law. Ex- 
ceptions from C. C. P. Exceptions overruled, and case remanded to 
C. C. P. for sentence. 

Commonwealth v. Jared P Whitcomb. S. J. C. Liquor Law. 
Exceptions from C. C. P. Exceptions overruled and case remanded 
to C. C. P. for sentence. 

Commonwealth v. Ephraim P. Very. S. J. C. Liquor Law. 
Exceptions from C. C. P. Exceptions overruled, and case remanded 
to C. C. P. for sentence. 

Commonwealth v. Daniel Reardon. S. J. C. Common Drunkard. 
Exceptions from C. C. P. Exceptions sustained. Judgment arrested. 

COUNTY OF FRANKLIN. 

Commonwealth v. Josephus Slate. S. J. C. Receiving Stolen 
Goods. Exceptions from C. C. P. Exceptions overruled, and case 
remanded to C. C. P. for sentence. 
3 



18 ATTORNEY-GENERAL'S REPORT. [Feb. 

Commonwealth v. Charles Thrasher. Same v. Same. S. J. C. 
Cases under the Liquor Law. Exceptions from C. C. P. Excep- 
tions overruled, and cases remanded to C. C. P. for sentence. 

Commonwealth v. certain liquors. S. J. C. Appeal from C. C. P. 
Appeal dismissed, and case remanded to C. C. P. 

Commonwealth v. Abraham P. Putnam. S. J. C. Assault and 
Battery. Exceptions from C. C. P. Exceptions overruled, and case 
remanded to C. C. P. for sentence. 



COUNTY OF HAMPDEN. 

Commonwealth v. Robert Wood. S. J. C. Procuring Abortion. 
Exceptions overruled, and case remanded to C. C. P. for sentence. 

Commonwealth v. William Waters. S. J. C. Liquor Law. Ex- 
ceptions from C. C. P. Exceptions overruled, and case remanded to 
C. C. P. for sentence. 

Commonwealth v. Julius Halstein. S. J. C. Liquor Law. Ex- 
ceptions from C. C. P. Exceptions waived, and case remanded to 
C. C. P. for sentence. 

Commonwealth v. Frederic Lumberton. S. J. C. Liquor Law. 
Exceptions from C. C. P. Exceptions waived, and case remanded to 
C. C. P. for sentence. 

Commonwealth v. Milo Phelps. S. J. C. Liquor Law. Excep- 
tions from C. C. P. Exceptions sustained, and case remanded to 
C. C. P. 

Commonwealth v. Seth Sackett. S. J. C. Liquor Law. Excep- 
tions from C. C. P. Exceptions waived, and case remanded to C.C. P. 
for sentence. 

Commonwealth v. Henry Sackett. S. J. C. Liquor Law. Ex- 
ceptions from C. C. P. Exceptions waived, and case remanded to 
C. C. P. for sentence. 

Commonwealth v. William C. Clark. S. J. C. Liquor Law. 
Exceptions from C. C. P. Exceptions sustained, and case remanded 
to C. C. P. 

Commonwealth v. Enoch Blood. S. J. C. Liquor Law. Excep- 
tions from C. C. P. Exceptions overruled, and case remanded to 
C. C. P. for sentence. 

Commonwealth v. James Dillane. S. J. C. Liquor Law. Ex- 
ceptions from C. C. P. Exceptions overruled, and case remanded to 
C. C. P. for sentence. 

Commonwealth v. John J. O'Connor. S. J. C. Liquor Law. 
Exceptions from C. C. P. Exceptions sustained, and case remanded 
to C. C. P. 



1859.] HOUSE— No. 90. 19 

Commonwealth v. Mihcael Purtle. S. J. C. Liquor Law. Ex- 
ceptions from C. C. P. Exceptions overruled, and case remanded to 
C. C. P for sentence. 

Commonwealth v. Elihu H. Phelps. S. J. C. Liquor Law. Ex- 
ceptions from C. C. P. Exceptions sustained, and case remanded to 
C. C. P. 

Commonwealth b. Isaac H. Hudson. S. J. C. Liquor Law. Ex- 
ceptions from C. C. P. Exceptions sustained, and case remanded to 
C. C. P. 

Commonwealth v. Lyman W. Foster. S. J. C. Liquor Law. 
Exceptions from C. C. P. Exceptions waived, and case remanded to 
C. C. P. for sentence. 

COUNTY OF HAMPSHIRE. 

Commonwealth v. Charles Hastings. S. J. C. Liquor Law. Ex- 
ceptions from C. C. P. Exceptions overruled, and case remanded to 
C. C. P. for sentence. 

Commonwealth v. Betsey Davis, Appellant. S. J. C. iAquor 
Law. Appeal from C. C. P. Appeal dismissed, and case remanded 
to C. C. P. 

Commonwealth v. Betsy Davis. S. J. C. House of III Fame. 
Exceptions from C. C. P. Exceptions sustained. 

Commonwealth v. Louis Sallen. S. J. C. Liquor Law. Excep- 
tions from C. C. P. Exceptions overruled, and case remanded to 
C. C. P. for sentence. 

Commonwealth v. John Bestin. S. J. C. Liquor Law. Excep- 
tions from C. C. P. Exceptions overruled, and case remanded to 
C. C. P. for sentence. 

Commonwealth v. Andrew Murphy. S. J. C. Liquor Law. Ex- 
ceptions from C. C. P. Judgment arrested. 

Commonwealth v. Dennis Ryan. S. J. C. Liquor Law. Excep- 
tions from C. C. P. Exceptions sustained. Judgment arrested. 

COUNTY OF MIDDLESEX. 

Commonwealth v. William Hall. S. J. C. Attempt to Kidnap. 
Exceptions from C. C. P. Exceptions sustained, and case remanded 
to C. C. P. 

Commonwealth, Appellant from Decree of the Judge of Probate, 
v. Samuel E. Scwall et a/., Executors. S. J. C. In the matter of the 
will of Joseph Hurd. Hearing before Thomas, J. Decree of the 
Judge of Probate affirmed. 



20 ATTORNEY-GENERAL'S REPORT. [Feb. 

Commonwealth p. Francis E. Heath and Miriam Y. Heath. S. J. C. 
Murder of Joshua Heath. Trial to the jury, June 1, 2 and 3. Ver- 
dict against both Defendants — Guilty of Murder in the Second De- 
gree. Sentence of Francis E. Heath, imprisonment in the State 
Prison for life. Case of Miriam Y. Heath under advisement. 

Commonwealth v. Essex Company. S. J. C. Neglect to make 
and maintain fishways. Exceptions from C. C. P. Argued. Con- 
tinued under advisement. 

Commonwealth v. Heman M. Simonds. S. J. C. Counterfeit 
Money. Exceptions from C. C. P. Exceptions sustained. Judg- 
ment arrested. 

Commonwealth v. Abel H. Fuller. S. J. C. Liquor Law. Ex- 
ceptions from C. C. P. Exceptions waived and case remanded to 
C. C. P. for sentence. 

Commonwealth v Mary Ritter. S. J. C. Liquor Law. Excep- 
tions from C. C. P. Exceptions overruled, and case remanded to 
C. C. P. for sentence. 

Commonwealth v. Benjamin Dormer. S. J. C. Liquor Law. 
Exceptions from C. C. P. Exceptions overruled, and case remanded 
to C. C. P. for sentence. 

Commonwealth v. William Hurley. S. J. C. Liquor Law. Ex- 
ceptions from C. C. P. Exceptions waived, and case remanded to 
C. C. P. for sentence. 

Commonwealth v. Stephen Wood. S. J. C. Liquor Law. Ex- 
ceptions from C. C. P. Exceptions waived, and case remanded to 
C. C. P. for sentence. 

Commonwealth v. Stephen Castles. S. J. C. Liquor Law. Ap- 
peal from C. C. P. Appeal dismissed, and case remanded to C. C. P. 

Commonwealth v. Catherine Keyes. S. J. C. Liquor Law. Ex- 
ceptions from C. C. P. Exceptions overruled, and case remanded to 
C. C. P. for sentence. 

Commonwealth v. John Keeley et al. S. J. C. Larceny from the 
Person. Exceptions from C. C. P. Exceptions waived. Party 
under sentence. 

Commonwealth v. John Garmon. S. J. C. Nuisance. Exceptions 
from C. C. P. Exceptions waived, and case remanded to C. C. P. 
for sentence. 

Commonwealth v. Alice Hiland. S. J. C. Liquor Law. Ex- 
ceptions from C. C. P. Exceptions waived, and case remanded to 
C. C. P. for sentence. 

Commonwealth v. Charles G. Wallace. S. J. C. Liquor Law. 
Appeal from C. C. P. Appeal dismissed, and case remanded to 
C. C. P. 



1859.] HOUSE— No. 90. 21 

Commonwealth v, Anson Lamere. S. J. C. Liquor Law. Ex- 
ceptions from C. C. P. Exceptions overruled and case remanded to 
C. C. P. fur sentence. 

Commonwealth v. Heman Woodward. S. J. C Liquor Law. 
Exceptions from C. C. P. Exceptions waived, and case remanded to 
C. C. P. fur sentence. 

Commonwealth v. James Forney et al. S. J. C. Liquor Law. 
Exceptions from C. C. P. Exceptions waived, and case remanded 
to C. C. P. for sentence. 

Commonwealth v. Michael Hogan. S. J. C. Liquor Law. Ex- 
ceptions from C. C. P. Exceptions overruled, and case remanded to 
C. C. P. for sentence. 

Commonwealth v. Peter Hogan. S. J. C. Liquor Law. Excep- 
tions from C. C. P. Exceptions overruled and case remanded to 
C. C. P. for sentence. 

Commonwealth v. James Meran. S. J. C. Liquor Law. Appeal 
from C. C. P. Appeal dismissed, and case remanded to C. C. P. 

Commonwealth v. John McGwin. S. J. C. Liquor Law. Ex- 
ceptions from C. C. P. Exceptions overruled, and case remanded to 
C. C. P. for sentence. 

Commonwealth v. Dennis Hallahan. S. J. C. Liquor Law. 
Exceptions from C. C. P. Nol.pros'd, with consent of Court. 

Commonwealth v. Olivia Floyd. S. J. C. House of III Fame. 
Exceptions from C. C. P. Exceptions sustained. Judgment arrested. 

Commonwealth v. Horace T. Hildreth. S. J. C. Liquor Law. 
Exceptions from C. C. P. Exceptions overruled, and case remanded 
to C. C. P. for sentence. 

Commonwealth v. John Madden. S. J. C. Liquor Law. Ex- 
ceptions from C. C. P. Nol. pros' d, with consent of Court. 

Commonwealth v. Maurice O'Hern. S. J. C. Liquor Law. Ex- 
ceptions from C. C. P. Exceptions overruled, and case remanded to 
C. C. P. for sentence. 

Commonwealth v. Paul Paulus. S. J. C. Counterfeit Money. 
Exceptions from C. C. P. Argued and continued nisi, under advise- 
ment. 

Commonwealth v. John Mehan. S. J. C. Liquor Law. Excep- 
tions from C. C. P. Exceptions sustained. Nol. pros' d y with consent 
of Court. 

Commonwealth v. Peggy Doniher. S. J. C. Liquor Law. Ex- 
ceptions from C. C. P. Exceptions waved, and case remanded to 
C. C. P. for sentence. 

Commonwealth v. Joseph Sanderson. S. J. C. Perjury. Appeal 
from C. C. P. Appeal dismissed, and case remanded to C. C. P. 



22 ATTORNEY-GENERAL'S REPORT. [Feb. 

Commonwealth v. George R. Austin. S. J. C. Scire facias. 
Appeal from C. C. P. Judgment for the Commonwealth. 

Commonwealth ?>. Joshua Dow, Jr. S. J. C. Liquor Law. Ex- 
ceptions from C. C. P. Exceptions overruled, and case remanded to 
C. C. P. for sentence. 

Commonwealth v. Thomas Ryan. S. J. C. Liquor Law. Ex- 
ceptions from C. C. P. Exceptions overruled, and case remanded to 
C. C. P. for sentence. 

Commonwealth v. Charles W. Brightmore. S. J. C. Burglary. 
Exceptions from C. C. P. Exceptions overruled. Party under 
sentence. 

Commonwealth v. Michael Hogan. S. J. C. Liquor Law. Ex- 
ceptions from C. C. P. Exceptions overruled, and case remanded to 
C. C. P. for sentence. 

Commonwealth v. Alfred E. Gale. S. J. C. Liquor Law. Ex- 
ceptions from C. C. P. Exceptions overruled, and case remanded to 
C. C. P. for sentence. 

Commonwealth v. William Harrison. S. J. C. Sunday Law. 
Exceptions from C. C. P. Exceptions overruled, and case remanded 
to C. C. P. for sentence. 

Commonwealth ?'. William Harrison. S. J. C. Liquor Law. 
Exceptions from C. C. P. Exceptions overruled, and case re-nanded 
to C. C. P. for sentence. 

COUNTY OF NORFOLK. 

Commonwealth v. Philip Anthes. S. J. C. Sunday Law. Appea 
from C. C. P. Appeal dismissed, and case remanded to C. C. P. 

Commonwealth v. Maurice Levy et al. S. J. C. Breaking and 
entering dwelling-house with intent to steal. Exceptions from C.C.P. 
Exceptions overruled, and case remanded to C. C. P. for sentence. 

Commonwealth v. Michael Norton. S. J. C. Liquor Law. Ap- 
peal from C. C. P. Appeal dismissed, and case remanded to C. C. P. 

Commonwealth v. Bridget Leo. S. J. C. Liquor Law. Excep- 
tions from C. C. P. Argued. Continued under advisement. 

Commonwealth v. Catherine Sullivan. S. J. C. Liquor Law. 
Exceptions from C. C. P. Exceptions overruled, and case remanded 
to C. C. P. for sentence. 

Commonwealth v. Peggy Fitzgerald. S. J. C. Liquor Law. Ex- 
ceptions from C. C. P. Exceptions overruled, and case remanded to 
C. C. P. for sentence. 

Commonwealth v. D. H. Ellis. S. J. C. Liquor Law. Excep- 
tions from C- C. P. Exceptions overruled, and case reminded to 
C. C. P. for sentence. 



1859.] HOUSE— No. 90. 23 

Commonweal tli v. Timothy Shehan et ux. S. J. C. Liquor Law. 
Exceptions from C. C. P. Exceptions sustained, and case remanded 
to C. C. P. for new trial. 

Commonwealth v. Cornelius Sullivan. S. J. C. Liquor Law. 
Exceptions from C. C. P. Exceptions sustained, and case remanded 
to C. C. P. for new trial. 

Commonwealth v. Elizabeth Ford. S. J. C. Liquor Law. Ex- 
ceptions from C. C. P. Exceptions sustained, and case remanded to 
C. C. P. for new trial. 

Commonwealth v. Philip Anthes. S. J. C. Liquor Law. Excep- 
tions from C. C P. Exceptions overruled. Case remanded to C. C. P. 

Commonwealth i\ Bridget Monnahan. S J. C. Liquor Law. 
Exceptions from C. C. P. Exceptions overruled, and case remanded 
to C. C. P. for sentence. 

Commonwealth v. Jerome Pope. S. J. C. Liquor Law. Excep- 
tions from C. C. P. Exceptions overruled, and case remanded to 
C. C. P. for sentence. 

Commonwealth v. John Huber. S. J. C. Liquor Law. Excep- 
tions from C. C. P. Exceptions overruled, and case remanded to 
C. C P. for sentence. 

Commonwealth v. Charles H. Bemis. S. J. C. Adultery. Ex- 
ceptions from C. C. P. Exceptions waived, and case remanded to 
C. C. P. for sentence. 

Commonwealth v. Martin Nash. S. J. C. Liquor Law. Excep- 
tions from C. C. P. Exceptions overruled, and case remanded to 
C. C. I*, for sentence. 

Commonwealth v. William Burke. S. J. C. Assault. Exceptions 
from C. C. P. Continued nisi. 

Commonwealth v. Edward Kenney, Appellant. S. J. C. Liquor 
Law. Exceptions from C. C. P. Continued nisi. 

Commonwealth v. Samnel Reinstein et al. S. J. C. Scire facias. 
Pending. Answer to be filed. 

Commonwealth v. certain intoxicating liquors. S. J. C. Excep- 
tions from C. C. P. Exceptions overruled, and case remanded to 
C. C. P. 

COUNTY OF PLYMOUTH. 

Commonwealth v. Abigail Gardner. S. J. C. Murder of Hosea 
J. Gardner. Trial to the jury, May 18, 19, 20. Verdict, Guilty of 
murder in the second degree. Motion for a new trial overruled. 
Motion in arrest of judgment overruled. Sentence — Imprisonment in 
the House of Correction for life. 



24 ATTORNEY-GENERAL'S REPORT. [Feb. 

Common wealth v. Mary Burke. S. J. C. Liquor Law. Excep- 
tions from C. C. P. Exceptions sustained, and case remanded to 
C. C. P. 

Commonwealth v. David Burke. S. J. C. Liquor Law. Appeal 
from C. C. P. Appeal dismissed and case remanded to Ci C. P. 

COUNTY OF SUFFOLK. 

Commonwealth v. William Thomas. S. J. C. Counterfeit Money. 
Exceptions from M. C. Exceptions overruled, and case remanded to 
M. C. for sentence. 

Commonwealth v. James O'Hara. S. J. C. Larceny. Exceptions 
from M. C. Exceptions overruled, and case remanded to M. C. for 
sentence. 

Commonwealth v. "William Evans. S. J. C. Nuisance. Excep- 
tions from M. C. Exceptions sustained, and case remanded to 
M. C. 

Commonwealth by Insurance Commissioners v. Pentucket Mutual 
Insurance Company. S. J. C. Hearing on a petition for an injunc- 
tion. Injunction granted and Receiver appointed. 

Commonwealth v. Martin Grimes, S. J. C. Larceny from the 
Person. Argued upon Report of the Judge of the M. C. Re- 
manded to M. C. for trial. 

Commonwealth v. Ellen Hart. S. J. C. Nuisance. Exceptions 
from M. C. Exceptions overruled, and case remanded to M. C. for 
sentence. 

Commonwealth v. Edmund E. Price. S. J. C. Counterfeit Money. 
Exceptions from M. C. Exceptions sustained and case remanded 
to M. C. 

Commonwealth v. James Woods. S. J. C. Counterfeit Money. 
Exceptions from M. C. Exceptions overruled, and case remanded to 
M. C. for sentence. 

Commonwealth v. Thomas Skelly. S. J. C. Nuisance. Excep- 
tions from M. C. Exceptions overruled, and case remanded to 
M. C. for sentence. 

Commonwealth v. Abijah Jenkins. S. J. C. Receiving ■ Stolen 
Goods. Exceptions from M. C. Exceptions sustained and case 
remanded to M. C. 

Commonwealth by Information of the Attorney General v. Fitch- 
burg Railroad Company. S. J. C. Quo warranto to declare charter 
forfeited for non-user. Demurrer to answer overruled. 

Commonwealth v. Daniel Skidmore. S. J. C. Nuisance. Ex- 
ceptions from M. C. Exceptions overruled, and case remanded to 
M. C. for sentence. 



1859.] HOUSE— No. 90. 33 

Commonwealth v. Thomas Quinn. S. J. C. Nuisance. Excep- 
tions from M. C. Exceptions overruled, and case remanded to M. C. 
for sentence. 

Commonwealth v. James Kelly. S. J. C. Nuisance. Exceptions 
from M. C. Exceptions overruled and case remanded to M. C. for 
sentence. 

Commonwealth v. John A. Rogers. S. J. C. Nuisance. Excep- 
tions from M, C. Exceptions overruled, and case remanded to M. C. 
for sentence. 

Commonwealth v. Joseph Dennis. S. J. C. Nuisance. Excep- 
tions from M. C. Exceptions overruled, and case remanded to 
M. C. for sentence. 

Commonwealth v. Johnson Baldwin. S. J. C. Nuisance. Excep- 
tions from M. C. Exceptions overruled, and case remanded to M. C. 
for sentence. 

Commonwealth v. George Low. S. J. C. Nuisance. Exceptions 
from M. C. Exceptions overruled, and case remanded to M. C. for 
sentence. 

Commonwealth v. James Ennis. S. J. C. Nuisance. Exceptions 
from M. C. Exceptions overruled, and case remanded to M. C. for 
sentence. 

Commonwealth v. Bernard McQueeney. S. J. C. Nuisance. Ex- 
ceptions from M. C. Exceptions overruled, and case remanded to 
M. C. for sentence. 

Commonwealth v. Simon Malcolm S. J. C. Nuisance. Excep- 
tions from M. C. Exceptions overruled, and case remanded to M. C. 
for sentence. 

Commonwealth v. Edward McLaughlin. S. J. C. Nuisance. Ex- 
ceptions from M. C. Exceptions overruled, and case remanded to 
M. C. for sentence. 

Commonwealth v. Patrick Mahan. S. J. C. Nuisance. Excep- 
tions from M. C. Exceptions overruled, and case remanded to M. C. 
for sentence. 

Commonwealth v. Michael Scanlan. S. J. C. Nuisance. Excep- 
tions from M. C. Exceptions overruled, and case remanded to 
M. C. for sentence. 

Commonwealth ». Thomas A. Farrand. S. J. C. Nuisance. Ex- 
ceptions from M C. Exceptions overruled, and case remanded to 
M. C. for sentence. 

Commonwealth v. Thomas Fortune. S. J. C. Nuisance. Excep- 
tions from M. C. Exceptions overruled, and case remanded to M. C. 
for sentence. 

5 



34 ATTORNEY-GENERAL'S REPORT. [Feb. 

Commonwealth v. Thomas Mead. S. J. C. Manslaughter. Ex- 
ceptions from M. C. Argued by District- Attorney Cooley. Excep- 
tions sustained, and case remanded to M. C. 

Commonwealth v. Edward H. Sanford. S. J. C. Causing death 
of steamboat passenger by carelessness. Exceptions from M. C. Ar- 
gued by District- Attorney Cooley. Exceptions overruled, and case 
remanded to M. C. for sentence. 

Commonwealth v Frances Mitchell. S. J. C. Burglary. Excep- 
tions from M. C. Exceptions overruled, and case remanded to M. C. 
for sentence. 

Commonwealth v. James H. Gould. S. J. C. Manslaughter. Ex- 
ceptions from M. C. Exceptions overruled, and case remanded to 
M. C. for sentence. 

Commonwealth v. David Merrill. S. J. C. Murder of Catherine 
M.Merrill. Nol. pros' d. Defendant committed to State Lunatic 
Hospital. 

Commonwealth v. William Joyce. S. J. C. Murder of Ezekiel 
W. Hodsdon. Defendant discharged on his own recognizance. 

Commonwealth v. William McNulty. S. J. C. Murder of Ezekiel 
W. Hodsdon. Trial to the jury Dec. 14, 15, 16, 17, 18. Jury disa- 
greed. Second trial, Dec. 21, 22, 23, 24. Verdict — Guilty of Mur- 
der in the second degree. Sentence, imprisonment for life in the 
State Prison — three days' solitary. 

Commonwealth v. David R. Brown et al. S. J. C. Murder of 
Caroline E. Webster. Nol. pros' d. 

Moses Tenney, Jr., Treasurer and Receiver-General, v. T. B. Law- 
rence et al. Same v. same. S. J. C. Two actions of contract on 
notes given in payment for lands in the Back Bay. Cases entered. 

COUNTY OF WORCESTER. 

Commonwealth v. Bernard Meehan. S. J. C. Larceny of Real 
Property. Exceptions from C. C. P. Exceptions waived, and case 
remanded to C. C. P. for sentence. 

Commonwealth v. James Sullivan. Same v. same. Same v, same. 
Same v. same. S. J. C. Four cases under the Liquor Law. Ex- 
ceptions from C. C. P. Exceptions overruled, and cases remanded to 
C. C. P. for sentence. 

Commonwealth v. James O'Brien. S. J. C. Assault and Bat- 
tery. Exceptions from C. C. P. Exceptions overruled, and case 
remanded to C. C. P. for sentence. 

Commonwealth v. Henry W. Baldwin. S. J. C. Forgery. Ex- 
ceptions from C. C P. Exceptions sustained. 



1859.] HOUSE— No. 90. 35 

Commonwealth v. William W. Pierce. S. J. C. Liquor Law. 
Exceptions from C. C. P. Exceptions waived, and case remanded to 
C. C. P. for sentence. 

Commonwealth v. Ann McConnell. S. J. C. Liquor Law. Ex- 
ceptions from C. C. P. Exceptions overruled, and case remanded 
to C. C. P. for sentence. 

Common\vealth v. Ann McConnell. S. J. C. Exceptions from 
C. C. P. Exceptions overruled, and case remanded to C. C. P. for 
sentence. 

Commonwealth v. Charles F. Whittemore. S. J. C. Larceny. 
Exceptions from C. C. P. Exceptions overruled, and case remanded 
to C. C. P. for sentence. 

Commonwealth v. C C. Dexter S. J. C. Scire facias. Appeal 
from C. C. P. Demurrer sustained, and judgment for Defendant. 

Commonwealth v. Richard Gamage. S. J. C. Liquor. Law Ap- 
peal from C. C. P. Appeal dismissed, and case remanded to C. C. P. 

Commonwealth v. John Brown. S. J. C. Assault on Officer. 
Exceptions from C. C. P. Nol. pros. 

Commonwealth v. Hiram H. Ames. S. J. C. Nuisance. Excep- 
tions from C. C. P. Continued nisi. 

Commonwealth v. Daniel Howe. S. J. C. Nuisance. Exceptions 
from C. C. P. Continued nisi. 

Commonwealth v. Patrick McGahey. S. J. C. Assault on Officer. 
Exceptions from C. C. P. Exceptions overruled, and case remanded 
to C. C. P. for sentence. 

Commonwealth v. John N. Grover. S. J. C. Malicious Mischief. 
Exceptions from C. C. P. Continued nisi, under advisement. 



36 



ATTORNEY-GENERAL'S REPORT. 



[Feb. 



TABLE, 

Showing the number of Criminal Cases pending- on questions 
of law in the Supreme Judicial Court during- the year 1858, 
and the disposition thereof, by Counties. 









o 


•a 


•6 






o 


*> 


n 


g 






O 




■a 




COUNTIES. 


B 


- — 

<2 r 





■e c 


o 
C 

43 




c, 


■s * 

*3 c 


•c g 


I 5 


3 


















s s 


S u 


e "2 
o ^ 


s 




o 


a 


Q 


o 


Q 




- 


- 


- 


- 


- 




o 


o 


- 


- 


- 






oo 


- 


- 


1 






- 


- 


- 


- 




24 


23 


1 


- 


- 




5 


5 


- 


- 


- 




15 


10 


5 


- 


" 




7 


5 


2 


- 


- 




37 


30 


5 


o 


- 




- 


- 


- 


- 


- 




20 


14 


3 


1 


o 




3 


o 


1 


- 


- 




29 


24 


5 




- 




17 


12 





9 
O 


~ 


Totals, ...... 


182 


149 


24 


6 


3 



1859.] 



HOUSE— No. 90. 



37 



TABLE, 

Showing- the number and the nature of Criminal Cases pending 
in the Supreme Judicial Court, in the pear 1858, on questions 
of law, and the disposition thereof 



OFFENCES. 


B 
c 
p. 


s 

o 
U 

o 

1 \ 

p 


Decided against the 
Commonwealth. 


Continued under ad- 
visement. 


s 
tc 
u 

o 

•a 

1 

c 
o 


Liqnor Law, 






101 


90 


12 


1 


1 


Liquor Nuisance, 






28 


27 


1 


- 




Counterfeit Money, 






6 


3 


2 


1 


~ 


Assault, 






5 


3 


1 


- 


1 


Larceny, 






5 


5 


- 


- 


- 


Adultery, 






3 


3 


- 


' - 


- 


House of 111 Fame, 






3 


1 


2 


- 


- 


Nuisance, 






3 






2 


1 


Burglary, 






2 


o 


- 






Larceny from Person, . 






2 


2 


- 


- 


- 


Manslaughter, 






2 


1 


1 


- 


- 


Receiving Stolen Goods, 






2 


1 


1 


- 


- 


Sunday Law, 






2 


o 


- 


- 


- 


Abortion, procuring, 






1 


1 


- 


- 


- 


Attempt to Kidnap, 






1 


- 


1 


- 


- 


Breaking and Entering, 






1 


1 


- 


- 


- 


Common Drunkard, 






1 


- 


1 


- 


- 


Death by Negligence, causing, 




1 


1 


- 


- 


- 



38 



ATTORNEY-GENERAL'S REPORT. 



[Feb. 



Ta bl e — Continued. 



OFFENCES. 


Cases pending. 


Decided for the Com- 
monwealth. 


a 
*> -= 

.1 "3 

ej a 

9 I 

o 

•a S 
* I 


Continued under ad- 
visement. 


Continued, not argued. 


Drunkenness, ..... 




1 


- 


- 


- 


Fishway, not maintaining, . 




- 


- 


1 


- 


Forgery, 




- 


1 


_ 


- 


Larceny of Real Estate, 




1 


- 


- 


- 


Malicious Mischief, .... 




- 


- 


1 


- 


Murder, ...... 




1 


- 


- 


- 


Not stated, 




1 


- 


- 


- 


Perjury, 




1 






- 


Quo. Warranto, 




- 


1 


- 


- 


Rape, 




1 




- 


- 


Totals, 


182 


149 


21 


6 


3 



1859.] 



HOUSE— No. 90. 



39 



Table I. SUFFOLK COUNTY. 



OFFENCES. 


a 
o 

o 


c 
a 

"> 

o 


S 
% 
< 


•a 
«i 

o 

u 


2 

E 
s 
o 

2 
"5 

h4 


ti 
c 
•3 

s 

32 


- 

o 


•a 

o 


° = 

2 a 

C O 

ft 


Costs. 


Against the Person, 
feloniously. 

Assault, with intent to 
kill, 

Assault, with intent to 

ravish, 

Assault, with intent to 
rob, 

Attempt* to murder, 

Attempt to rob, . 
, Manslaughter, 
Mayhem, . 
Murder, 
Robbery, . 


8 

- 
5 

7 

1 

11 

o 

4 
26 


2 
3 

5 
3 
1 
2 

1 

1 

IS 


2 

2 
1 

4 


1 

2 


1^, 

■ 
1 


1 
1 

5 
3 


- 


2 


1 


$142 64 
199 07 

94 71 
294 05 

36 71 
698 73 

59 65 
369 88 
833 77 


Totals, 



Against the Person, not 
feloniously. 

Assault and Assault and 
Battery, . . . 

Assault, aggravated, . 

Assault on officer, 

Totals, 

Against Properly. 
Arson, . . . 

Attempt to break and 
enter, . ' . 

_- - 


62 

110 
70 
26 


36 

52 
33 
20 


9 

21 

12 

3 


3 

13 
4 

1 


1 

12 
6 
2 


10 

3 

7 


2 

7 


o 
1 


1 

6 
1 


$2,729 21 

$2,251 98 

1,731 23 

537 35 


206 

2 
o 


105 
2 


36 


18 


20 


10 


9 
2 


1 


7 


$4,520 56 

$45 60 
53 37 







40 



ATTORNEY-GENERAL'S REPORT. 

Table I. — Continued. 



[Feb. 



OFFENCES. 


o 

o 
u 


1 


< 


6 
o 


I 

O 

3 






< 


o 

o | 

~ it 


Costs. 


Attempt to steal, 





- 


- 


6 


- 


- 


- 


- 


- 


$26 05 


Attempt to steal from 
the person, 


9 


7 


' 


r 


. 


- 


- 


- 


1 


207 10 


Breaking and entering, 


120 


85 
i 


15 


2 


it 


8 


2 


4 


2 


2,407 02 


Breaking glass, . 


2 


1' 




- 


l 


J - 


— 


- 


- 


20 95 


Burglar's tools, having 






1 




: 












Avith intent, 


5 


b 


O 


- 






• > 


f! 


110 48 


Burglary, . 


5 


















■ ion 03 


Burning stable, . 


1 


- 


- 


- 


1 


' 


2 




■ 


39" 38 


Larceny, 


107 


48 


16 


8 


19 


'* 


3 


1 

•• 




4,902 72 


Larceny from building, 


63 


30 


9 


1 


16 


- 


U 


- 


o 


869 24 


Larceny from dwelling, 


28 


18 


o 


- 


6 


- 


- 


- 




665 59 


Larceny from officer, . 


1 


- 


- 


1 


- 


- 


- 


- 


- 


31 U 


Larceny from person, . 


40 


21 


4 


4 


6 


- 


3 


1 


1 


1,1:;.-) 51 


Larceny from vessel, . 


1 


1 


















Malicious mischief, 


1 


- 


- 


- 


- 


1 


- 


— 


- 


\ 


Receiving stolen goods, 


20 


4 


o 


1 


3 


9 


1 


- 


- 


-!i;s ri 


Totals, 


422 


22.-) 


51 


24 


63 


25 


14 


8 


12 


*8$63 42 


Against the Currency, 






















and Crim. Frauds. 






















Attempt to embezzle, . 
Bank bill, having with 


1 


1 


































>* 3> 




intent to alter, 


2 


- 




1 


1 


- 


- 


- 


- 


"'' '''•* 


Counterfeit bank bill, 






















having with intent to 




















. 


pass, 


13 


o 


o 


- 


3 


1 


2 


- 


- 


Counterfeit bank bill, 






















uttering, &c., . 


21 


11 


3 


o 


5 


— 


- 


— 







1859.] 



HOUSE— No. 90. 

Table I. — Continued. 



41 



OFFENCES. 


a 
o 

a 

o 

o 
u 

Ph 


c 
o 

g 

V 
a 

e 


"3 

C 
O 

-4 


y 

o 
u 

Ph 

o 

to 


£ 
c 
o 

2 

■3 


ih 

a 
■3 
c 

4) 

Ph 
02 


5 

o 


a> 

< 

o 

to 


« . 

§1 

■a S 

3 I 
ft 


Costs. 


Counterfeit coin, hav- 






















ing, &c, . 


3 


3 
















$81 66 


Counterfeit coin, utter- 






















ing, &c, . 


1 


1 
















33 88 


Counterfeiting bank 






















bills, 


2 


- 


- 


- 


2 


- 


- 


- 


- 


60 82 


Embezzlement, . 


4 


2 


2 














123 92 


False pretences, . ' . 


5 


- 


1 


2 


1 


1 


- 


- 


- 


119 79 


Forgery, . 


4 


o 


- 


- 


1 


- 


1 


- 


- 


118 17 


Forged note, having 






















with intent, 


2 


1 


1 














59 42 


Forged order, having, 

&c, 


3 


2 


- 


- 


1 


_ 


- 


- 


- 


79 65 


Forged note, uttering, 
&c, 


28 


8 


1 


4 


11 


1 


1 


2 


- 


783 82 


Fraud in conveying, . 


2 


- 


- 


1 


1 


- 


- 


- 


- 


101 05 


Written instrument, 






















having with intent to 






















alter, 


1 


- 


- 


- 


- 


1 


- 




- 


- 


Totals, 


92 


36 


10 


10 


26 


4 


4 


2 


- 


$2,507 73 


Against Public Justice. 






















Perjury, . 


10 


3 


- 


1 


1 


2 


3 




- 


$254 56 


Against Chastity, Mo- 
rality and Decency. 






















Adultery, . 


17 


10 


3 


- 


2 


- 


2 




- 


$324 47 


Common Drunkard, . 


32 


15 


- 


2 


11 


2 


- 




2 


386 80 


Common Night Walker, 


37 


10 


1 


15 


11 


- 


- 




- 


163 53 


Common Railer, . 


1 


1 
















16 71 


Cruelty, 


2 


1 


- 


- 


1 


- 


- 




- 


30 86 



42 



ATTORNEY-GENERAL'S REPORT. 

Table I. — Continued. 



[Feb. 



OFFENCES. 


o 

g 

o 

I 


a 
o 

"> 
c 
o 


"a 

"3 
o 


o 

u 

Ah 

o 


a 

S 
s 

o 

IS 
"8 


si 

a 

-3 
a 


3 

o 


•6 

u 

< 

o 


« . 

II 

V N 

5 " 


Costs. 


Disorderly house, 

Drunkenness, 

Fornication, . . 

Idle and disorderly 
person, . 

Indecent exposure, 

House of ill fame, 

Lewd cohabitation, 

Lewdness, . 

Publishing obscene pa- 
pers, 

Polygamy, . 

Prize-fighting, 

Sunday Law, 

Vagabond, . 


36 
6 

7 

10 
1 

90 
3 

2 

1 
10 
3 
6 
1 


24 
2 

5 
4 

41 

4 
2 
2 


X 
2 

2 
1 
2 

2 


2 

12 

1 


7 
3 

2 

1 

21 

1 

1 
1 
1 
1 


5 

10 

1 
2 


1 

2 


o 
2 

1 
1 


2 


$703 77 
80 98 
85 98 

234 78 

31 45 

1,091 09 

22 03 
58 35 

387 18 
94 68 
71 63 

23 00 


Totals, 


265 


121 


14 


32 


64 


20 


5 


5 


4 


$3,807 29 


Against Public Policy. 
Billiard table, keeping, 

&c, 

Carrying arms, unlaw- 
fully, 

Exhibition, unlicensed, 

Gaming, 

Liquor, carrying into 
Jail, 

Liquor nuisance, 

Liquor, sale ofj . 


1 

3 

17 
1 

1 

222 
6 




1 
91 


16 


7 
8 


1 

1 
4 

1 

51 

6 


18 


5 

1 

23 


10 


5 


$17 29 

49 04 
266 97 

7 81 

12 48 

3,589 03 

60 75 


Totals, 


251 


94 


16 


15 


64 


18 


29 


10 


5 


$4,003 37 



1859.] 



HOUSE— No. 90. 

Table I. — Continued. 



43 



OFFENCES. 


B 

o 

3 
O 

c 


e 
o 

'> 

o 
O 


3 

< 


o 
u 

o 


to 

E 
c 
o 

2 

►J 


c 
•3 

c 

CO 


5 

o 

S3 


t 
u 

< 

o 


o 

K . 
= S 
2 = 

1 8 


Costs. 


Other Offences. 






















By-Laws, violation of, 


1 


- 


- 


1 


- 


- 


- 


- 


- 


$30 98 


Conspiracy, 


2 


- 


- 


- 


- 


2 


- 


- 


- 


- 


Extortion by threat, . 


3 


- 


- 


- 


3 


- 


- 


- 


- 


92 28 


Nuisance, . 


9 


1 


1 


- 


1 


1 


- 


5 


- 


70 08 


Threats, 


1 
16 


1 
















32 35 


Totals, 


2 


1 


1 


4 


3 


- 


5 


- 


$225 69 


Not stated, . 


134 


- 


- 


- 


- 


- 


134 


- 


- 


$1,716 88 


Totals for the County, 


1458 


622 


137 


104 


243 


92 


198 


33 


29 $27,928 71 



44 



ATTORNEY-GENERAL'S REPORT. 



[Feb. 



Table II. EASTERN DISTRICT. 

[Essex County constitutes this District.] 



OFFENCES. 


H 
o 

"3 

o 

0) 

o 


§ 

o 

> 

a 
o 
o 


a 

a 1 

< 


j3 

o 
u 
Ph 

o 


£ 
e. 

o 

•o 
'5 

Hi 


c 
■S 

a 

so 


o 


Not arrested. 

Defaulted on Re- 
cognizance. 


Costs. 


Against the Person, 
feloniously. 

Abuse of female child, 

Assault, felonious, 

Attempt to extort mo- 
ney by threats, &c, 

Child murder, 

Manslaughter, 


1. 

2 

2 
1 
1 


1 

2 


- 


- 


- 


1 
1 


1 

1 


- 


- 


$12 01 
72 29 

19 82 
30 10 
11 03 


Totals, 


7 


3 


- 


- 


- 


2 


2 


- 


- 


$145 25 


Against the Person, not 
feloniously. 

Arrest, illegal, 

Assault, aggravated, . 

Assault with dangerous 
weapon, . 

Assault on officer, 

Assault, riotous, . 

Assault, and Assault 
and Battery, . 


1 

8 

6 
4 
6 

41 


3 

1 
1 
3 

6 


- 


5 


- 


1 

3 

3 

2 

18 


o 

2 

1 
3 

3 


- 


9 


$15 85 
288 97 

192 54 

70 10 

134 78 

629 97 


Totals, 


66 


14 


- 


5 


- 


27 


11 


- 


9 


$1,332 21 


Against Property. 

Appropriation, unlaw- 
ful, . 

Arson, 


1 
3 


- 


- 




2 


1 

1 


- 


- 


$18 69 
86 69 



1859.] 



HOUSE— No. 90. 

Table II. — Continued. 



45 



OFFENCES. 


i 

o 

3 
a 

V 

o 


c 
o 

V 
c 
o 
O 


"3 

3 
C 

< 


o 
u 

o 

ft 


c 
o 

2 

3 


ti 
c 

•3 
s 

9 

35 


c 

ft 


na 

< 
o 

ft 


c ^ 
Q 


Costs. 


Attempt to burn barn, 


1 


1 


~ 


- 


- 


- 


- 


- 


- 


$54 57 


Burglary, . 


4(3 


28 


~ 


- 


- 


13 


3 


2 


- 


1,265 97 


Burning barn, 


3 


- 


1 


- 


- 


2 


- 


- 


- 


252 40 


Burning hay-stack, 


1 


- 


- 


1 


- 


- 


- 


- 


- 


22 49 


Larceny, 


38 


16 


1 


- 


- 


17 


4 


- 


- 


818 46 


Larceny in building, . 


17 


17 
















271 95 


Larceny from the person 


5 


3 


" 


- 


- 


- 


2 


- 


- 


101 18 


Malicious mischief, 


6 


4 


- 


- 


- 


- 


2 


- 


- 


81 74 


Malicious trespass, 


6 


- 


- 


1 


- 


5 


- 


- 


- 


56 93 


Receiving stolen goods, 


6 


- 


" 


- 


- 


6 


- 


- 


- 


71 64 


Totals, 


133 


69 


o 


2 


- 


45 


13 


2 


- 


$3,102 71 


Against the Currency, 






















and Crim. Frauds. 






















Conspiracy to cheat, . 





- 


- 


- 


- 


2 


- 


- 


- 


$33 43 


Counterfeit money, 
having, &c, . 


4 


- 


- 


- 


- 


2 


2 


- 


- 


112 70 


Embezzlement, . 


5 


1 


- 


1 


- 


2 


1 


- 


- 


117 27 


False pretences, . 


2 


- 


- 


- 


- 


1 


1 


- 


- 


25 93 


Forgery, . 


5 


- 


- 


1 


- 


2 


1 


1 


- 


115 16 


Fraud in conveying, . 


3 


- 


- 


- 


- 


- 


3 


- 


- 


20 88 


Totals, 


21 


1 


- 


2 


- 


9 


8 


1 


- 


$424 37 


Against Public Justice. 






















Contempt, . 


7 


3 












4 


- 


$302 03 


Perjury, . 


3 


- 


1 


- 


- 


- 


2 


- 


- 


59 86 


Perjury, subornation of, 


1 


- 


- 


- 


- 


- 


1 


- 


- 


5 62 


Totals, 


11 


3 


1 


- 


- 


- 


3 


4 


- 


$367 51 



46 



ATTORNEY-GENERAL'S REPORT. 

Table II. — Continued. 



[Feb. 



OFFENCES. 


o 

3 

a 

a 
o 


c 

.2 

V 

c 
o 
O 


'3 

c 

< 


V 

o 
u 

o 


c 
o 

■a 
'5 

i-l 


a 

•3 

c 

Ph 
as 


3 

o 


Not Arrested. 

Defaulted on Re- 
cognizance. 


Costs. 


Against the Public 
Peace. 
AiFray, 


2 
















2 


$9 00 


Against the Public 

Health. 






















Diseased meat, selling, 


1 


- 


- 


- 


- 


- 


1 


- 


- 


$25 2fi 


Against Chastity, Mo- 
rality and Decency. 






















Adultery, . 


16 


9 


2 


- 


- 


- 


3 


2 


- 


$318 44 


Child, concealing birth 





















50 66 


Common Drunkard, . 


9 


4 


- 


1 


- 


3 


- 


- 


1 


138 18 


Disorderly house, 


6 


5 


- 


- 


- 


1 


- 


- 


- 


153 66 


Disturbing meeting, . 


2 


- 


- 


- 


- 


1 


1 


- 


- 


21 21 


Disturbing school, 


4 


- 


- 


- 


- 


4 


- 


- 


- 


13 06 


Drunkenness, 


5 


4 


- 


- 


- 


1 


- 


- 


- 


61 35 


Family, neglect of, 


1 


- 


- 


- 


- 


1 


- 


- 


- 


9 65 


Fornication, 


1 


1 
















29 96 


House of ill fame, 


3 


3 
















119 23 


Idle and disorderly per- 
son, 


1 


1 
















14 11 


Indecent exposure, 


4 


1 


- 


- 


- 


o 


1 


- 


- 


77 83 


Indecent language, 


I 


- 


- 


- 


- 


1 


- 


- 


- 


7 50 


Lewdness, . 


1 


- 


- 


- 


- 


- 


1 


- 


- 


13 22 


Lewd and Lascivious 
cohabitation, . 


3 


1 


_ 


_ 


- 


_ 


2 


- 


- 


20 56 


Polygamy, . 


1 


1 


- 














49 63 



1859.] 



HOUSE— No. 90. 

Table II. — Continued. 



47 



OFFENCES. 



I 1 



Profanity, . 
Sunday Law, 
Vagabond, . 
Totals, 



64 



30 



>- 



I 

li 

1 

1 



- 19i 8 



$9 0G 

8 07 

18 51 



$1,131 89 



Against Public Policy. 

Billiard Law, 

Fishway, neglect to 
maintain, 

Gaming, 

Highway, neglect of, . 

Liquor, selling, . 

Liquor, carrying, 

Liquor, carrying into 
jail, 

Liquor nuisance, 

Liquor, illegally kept, 
seized, &c, 

Liquor Agent, neglect 
to appoint, 

Peddling without license 

Railroad crossing, ne- 
glect to secure, 

Totals, 



1 

G 

6 

219 

o 

1 
6 

3 

1 
4 



li:) 



1!) 



69 



4 
3 

79 2 

9 



19 



- 6 



93 



26 



26 



§37 58 

4 85 

42 00 

120 83 

4,849 89 

53 83 

32 50 
223 94 

42 20 

11 43 
S9 89 

8 40 



55,517 34 



Other Offences. 
Nuisance, . 

Voting, procuring il- 
legal, 

Total-, 



10 



13 I 1 



-10 21 - 



$246 62 

14 13 
75 



Totals in the County, 570 ,190 13 



30 



205 



81 i 35 



16 



12,316 29 



48 



ATTORNEY-GENERAL'S REPORT. 



[Feb. 



Table III. NORTHERN DISTRICT. 

[Middlesex County constitutes this District.] 



OFFENCES. 


Frosccutions. 
Convictions. 


Acquittals. 
Nol. Pros'd. 


6 

S 
c 
o 

"2 
'3 


ti 
c 
•3 
c 

-7. 


- 

o 


•6 
S 

u 
< 
o 


« . 

o g 

■c 3 


Costs. 


Against the Person, 
feloniously. 

Murder, 

Manslaughter, 

Rape, .... 

Attempt to murder, 

Threatening, 

Assault with intent, 

Assault, felonious, 


3 
1 
1 
1 
1 
1 
7 


o 
1 
1 

2 


- 


1 


1 
1 


1 


5 


- 


- 


$70 47 

48 02 

33 69 

95 

6 85 

26 35 

157 81 


Totals, 


15 


6 


- 


1 


2 


1 


5 


- 


- 


$344 14 


Against the Person, not 
feloniously. 

Assault, and Assault 
and Battery, . 

Assault on officer, 


93 
14 


28 
4 


5 


6 


8 
2 


29 
5 


11 
3 


3 


3 


$1,302 90 
302 76 


Totals, 


107 


32 


5 


6 


10 


34 


14 


3 


3 


$1,605 66 


Against Property. 
Arson, 

Breaking and Entering, 

Larceny, 

Larceny in building, . 

Larceny from the per- 
son, 


10 
60 
60 
25 

2 


4 
34 
25 
21 

1 


5 
3 


2 
5 

1 


2 
6 
3 

1 


4 

3 

12 

3 


8 
8 


1 
1 


1 
3 


$636 16 

1,501 58 

1,463 99 

563 99 

56 68 



1859.] 



HOUSE— No. 90. 

Table III. — Continued. 



49 



OFFENCES. 


a 

o 

3 
O 


m 
s 
o 

'? 
c 
o 
V 


3 
< 


o 
o 


V 

E 

c 
o 

s 

« 

1-1 


IX 

c 

•3 
c 


S 

o 

la 


13 
a 

o 

o 


« . 

o g 

■a S 

2 & 


Costs. 


Larceny from vessel, . 
Malicious mischief, 
Receiving stolen goods, 


1 
11 

1 


~~ 


2 




; 


1 

1 
1 


4 


- 


4 


$7 54 

179 47 

6 63 


Totals, 


170 


85 


10 


8 


12 


25 


20 


O 


8 


$4,416 04 


Against the Currency, 
and Crim. Frauds. 

Cheating, . 

Counterfeit coin, 

Counterfeit money, hav- 
ing, &c, . 

Embezzlement, . 

Evading fare, 

False pretences, . 

Forgery, . 

Fraud in conveying, . 


3 

2 

20 
2 

1 

7 
1 
2 


6 


1 


1 

1 
1 
1 


6 


2 

4 
1 

2 
1 

2 


2 

4 


1 


1 
1 


$55 85 
11 13 

502 02 
44 37 
10 87 

143 34 
13 75 
23 73 


Totals, 


38 


6 


1 


4 


6 


12 


6 


1 


2 


$805 06 


Against Public Justice. 
Contempt, . 

Escape, 

Perjury, . 

Rescue, 


3 
3 

5 
1 


3 


3 


- 


- 


3 
1 

1 


1 


- 


- 


$21 71 
22 43 

200 70 
10 02 


Totals, 


12 


3 


3 


- 


- 


5 


1 


- 


- 


$254 46 


Against the Public 
Peace. 

Brawler, 
Common scold, . 


1 
1 


- 


- 


- 


- 


1 
1 




- 


- 


$9 70 
8 51 



50 



ATTORNEY-GENERAL'S REPORT. 

Table III. — Continued. 



[Feb. 



OFFENCES. 


a 
o 

3 
o 

£ 


a 

o 

'> 
c 
o 
O 


'3 
< 


•6 

o 

£ 


o 
S 

3 


•3 
p- 

35 


S 

o 


•6 

< 
O 


g i 
s - 

ft 


Costs. 


Disturbing peace, 


4 


1 


- 


- 


_ 


- 


3 


- 


- 


$21 71 


Riot, .... 


8 


- 


- 


2 


- 


3 


- 


1 


2 


205 77 


Totals, 


14 


1 


- 


2 


- 


5 


3 


1 


2 


$245 69 


Against Chastity, Mo- 
rality and Decency. 


- 




















Adultery, . 


26 


4 


5 


- 


1 


5 


11 


- 


- 


$318 67 


Common Drunkard, . 


11 


o 


2 


- 


2 


4 


- 


- 


1 


184 59 


Cruelty, 


1 


- 


- 


1 


- 


- 


- 


- 


- 


10 50 


Disorderly house, 


3 


1 


1 


- 


1 


- 


- 


~ 


- 


135 52 


Drunkenness, 


10 


4 


1 


1 


3 


- 


- 


- 


1 


116 87 


Fornication, 


1 


- 


- 


1 


- 


- 


- 


- 


- 


11 46 


House of ill fame, 


o 


- 


- 


1 


- 


1 


- 


- 


- 


64 54 


Lewdness, . 


1 


- 


- 


- 


- 


- 


1 


- 


- 


46 18 


Polygamy, . 


4 


1 


- 


- 


1 


1 


1 


- 


- 


266 74 


Sunday law, 


4 


- 


1 


o 


- 


1 


- 


- 


- 


69 51 


Totals, 


63 


12 


10 


6 


8 12 


13 


- 


2 


$1,224 58 


Against Public Policy. 






















Liquor law, violating, 


195 


22 


30 


32 


40 


49 


13 


- 


9 


§5,132 12 


Liquor nuisance, 


19 


2 


2 


1 


8 


3 


3 


- 


- 


297 16 


Peddling, . 


1 


- 


- 


- 


- 


1 


- 


- 


- 


14 90 


Highway, neglect of, . 


1 


- 


- 


- 


- 


1 


- 


- 


- 


11 43 


Unlicensed exhibition, 


1 


- 


- 


1 


- 


- 


- 


- 


- 


7 15 


Gaming, 


2 


- 


- 


2 












34 61 


Gaming house, . 


2 


- 


- 


- 


- 


1 


1 


- 


- 


20 84 


Totals, 


221 


24 


32 


36 


48 


55 


17 


- 


9 


$5,818 21 



1859.] 



HOUSE— No. 90. 



51 



Table III. — Continued. 















si 



















•a 


© 


C 






2 




OFFEXCES. 


"3 

o 




■3 









3 


< 




Costs. 


























Pn 


o 


< 


|Zi 


j 


'X, 


fc 


to 


A 




Other Offences. 






















Misdemeanor, 


4 


- 


- 


- 


- 


2 





- 


- 


$23 74 


Violation of by-laws, . 


1 


- 


- 


1 


- 


- 


- 


- 


- 


- 


Nuisance, . 


8 


- 


1 


1 


2 


4 


- 


- 


- 


44 16 


Totals, 


13 


- 


1 


2 


2 


6 


2 


- 


- 


$67 90 


Totals for the County, 


653 


169 


62 


65 


88 


155 


81 


7 


26 


$14,781 74 



52 



ATTORNEY-GENERAL'S REPORT. 



[Feb. 



Table IV. SOUTHERN DISTRICT. 

[This District comprises the Counties of Bristol, Barnstable, Nantucket, and 

Dukes County.] 

COUNTY OF BRISTOL. 



OFFENCES. 


3 

_o 

3 
o 

o 
u 


c 

_o 

o 

V 

a 
o 

o 


< 


•6 

o 
u 

Ph 

o 


c 
o 

'3 


c 
■3 

p 

GO 


S 

o 


■6 

< 
o 


II 

2 Si 


Costs. 


Against the Person, 
feloniously. 

Assault, felonious, 
Rape, 


1 
1 


1 


- 


- 


- 


" 


1 


- 


- 


$13 66 
165 45 


Totals, 


o 


1 










1 






$179 11 


Against the Person, not 
feloniously. 

Assault, 

Assault on officer, 


28 
2 


15 
2 


3 


3 


1 


4 


2 


- 


- 


$662 45 
44 66 


Totals, 


30 


17 


3 


3 


1 


4 


2 


- 


- 


$707 11 


Against Property. 
Arson, 

Attempt at burglary, . 

Burglary, . 

Larceny, 

Malicious mischief, 

Receiving stolen goods, 


1 

1 

23 

59 
7 
1 


19 

25 

1 


5 
1 


8 


3 
5 
3 


1 


1 

1 

1 

12 

3 


3 


- 


$13 77 

25 65 

724 04 

1,691 98 

213 61 

40 52 


Totals, 


94 


45 


7 


8 


11 


1 


19 


3 


- 


$2,973 03 


Against the Currency, 
and Crim. Frauds. 

Embezzlement, . 
False pretences, . 


1 
4 


1 


2 


- 


1 


- 


1 


- 


- 


$20 21 
127 83 



1859.] 



HOUSE— No. 90. 

Table IV. — Continued. 



53 



OFFENCES. 


c 
_o 

Is 
o 

o 


Q 
O 

o 

> 

a 
o 
o 


"3 

3 
C 
U 
< 


o 
P4 
o 


a? 

a 

o 

'3 


■3 
a 

to 


3 

o 


13 

o 


!i 

3 u 

£S o 



Costs. 


Forgery, . 

Fraud in conveying, . 


2 

1 

8 


2 
3 


1 














$84 91 
39 72 


Totals, 


3 


- 


1 


- 


1 


- 


- 


$272 67 


Against Public Justice. 
Aiding escape, . 

Perjury, . 

Perjury, subornation of, 

Witness, obstructing 
attendance of, 


1 

2 
2 

1 


- 


1 


- 


- 


1 


2 
2 


- 


- 


22 03 

102 19 
2 25 

$45 87 


Totals, 


6 


- 


1 


- 


- 


1 


4 


- 


- 


$172 34 


Against the Public Peace. 
Disturbing the peace, . 


3 


- 


1 


2 












$41 29 


Against Chastity, Mo- 
rality and Decency. 

Adultery, . 
Common dninkard, 
Disorderly house, 
Disturbing meeting, . 
Drunkenness, 
Lewdness, . 
Sodomy, 

Stubborn child, . 
Vagabond, . 


12 
5 
8 
1 

12 
2 
2 
1 
2 


4 
3 
5 

8 
2 
2 


1 
1 

1 

1 

1 

o 


1 


1 


2 

1 




5 

1 
1 


- 


- 


$355 48 
75 83 

353 71 
22 71 

179 78 
60 98 
81 16 
19 29 
38 89 


Totals, 


45 


24 


7 


1 


1 


5 


7 


- 


- 


$1,187 83 



54 



ATTORNEY-GENERAL'S REPORT. 



[Feb. 



Table .IV. — Continued. 



OFFENCES. 


3 
o 

o 


c 
o 

V 

c 
o 
V 


< 


o 
o 


S 

5 
na 

3 


tb 

P-, 
to 




*3 
V 

&- 

<! 

o 


a « 
o g 

£ o 

ft 


Costs. 


Against Public Policy. 






















Check-list, disuse of, . 


1 


- 


- 


- 


- 


- 


1 


- 


- 


$13 86 


Gaming house, . 


1 


- 


- 


1 


- 


- 


- 


- 


- 


11 13 


Highway, defective, . 


19 


- 


- 


- 


- 


4 


15 


- 


- 


237 37 


Highway, obstructing, 


1 


- 


- 


~ 


- 


1 


- 


- 


- 


18 06 


Horse, fast driving of, . 


1 


1 
















29 27 


Liquor, sale of, . 


136 


35 


25 


11 


24 


11 


24 


- 


6 


2,663 40 


Liquor nuisance, 


33 


12 


1 


- 


7 


6 


7 


- 


- 


991 21 


Railroad sign, not erect- 
ing, 


1 












1 






4 29 


Totals, 


193 


48 


26 


12 


31 


22 


48 


- 


6 


$3,96S 59 


Totals for the County, 


381 


138 


48 


26 


45 


33 


82 


3 


. 6 


$9,501 67 



* 



1859.] 



HOUSE— No. 90. 



55 



Table V. SOUTHERN DISTRICT— Continued. 
COUNTY OF BARNSTABLE. 



1 ° 
OFFENCES. ' 1 § 

s 


s 

5 
o 


'3 
a 1 

< 


J3 

o 
•— 

Pi 

o 


- 

o 

■g 
3 
h-1 


ti 
a 

■3 


5 

o 


o 


c 8 
o s 
■d 3 
a) n 

<S ° 
S a 

3 


Costs. 


Against the Person, 
feloniously. 
Manslaughter, 


1 


- 


1 














$63 37 


Against the Person, not 

feloniously. 
Assault, 


S 


4 


1 


- 


- 


1 


2 


- 


- 


$298 96 


Against Property. 
Burglary, . 

Larceny, 

Receiving stolen goods, 


1 

12 

1 


1 

4 


1 


- 


4 
1 


- 


3 




- 


$77 84 

276 17 

25 05 


Totals, 


14 


5 


1 


- 


5 


- 


3 


- 


- 


$379 06 


Against the Public Peace. 
Riot, .... 


1 


- 


- 


- 


1 


- 


- 


- 


- 


857 33 


Against Chastity, J\Io- 

rality and Decency, 
Adultery, . 

Common drunkard, 


4 

Q 

o 


- 


- 


3 


2 


- 


o 


- 


- 


$19 89 
46 53 


Totals, 


7 


- 


- 


3 


o 


- 


2 


- 


- 


$96 42 


Against Public Policy. 
Highway, defective, . 

Highway, obstructing. 

Liquor, sale of, . 

Liquor nuisance, 


1 

4 

12 

2 


4 
1 


4 


1 
o 


1 


1 


1 
2 

1 
1 


- 


- 


$4 87 

50 18 

305 54 

81 94 


Totals, 


19 


5 


4 


3 


1 


1 


5 


- 


- 


$142 53 


Totals for the County, 


50 


14 


7 


6 


9 


2 


12 


- 


- 


$1,337 67 



56 



ATTORNEY-GENERAL'S REPORT. 



[Feb. 



Table VI. SOUTHERN DISTRICT— Continued. 
COUNTY OF DUKES COUNTY. 



OFFENCES. 


a 

o 
p 


G 
_o 

a 
'> 

c 
o 
a 


"5 
"3 

o 

«4 


■6 

o 
u 

Ph 

'o 


c 

o 

'3 
hi 


c 

-3 

13 
a> 
Ph 


5 
o 


T3 

J-l 

o 
5 


« . 

2 » 


Costs. 


Against Chastity, Mo- 
rality and Decency. 






















Adultery, . 


1 


1 
















|35 36 


Totals for the County, 


1 


1 
















$35 36 



♦ 



1859.] 



HOUSE— No. 90. 



57 



Table VII. SOUTHERN DISTRICT— Continued. 
COUNTY OF NANTUCKET. 



OFFENCES. 


c 
_o 

a 

o 


EO 
O 

Ph 


c 
o 

> 

c 
o 
U 


°3 

c 

3 


o 
Pi 
o 


9 

e 

O 

2 
"3 
i-l 


c 

Ph 
to 


s 

o 


H 
o 

ft 


Si 

al 
<S o 

o 


Costs. 


Against the Person, not 
feloniously. 

Assault, 


3 


2 


- 


- 


- 


- 


1 


- 


- 


$49 so 


Against Property. 
Burglary, . . . 

Larceny, . 


1 
2 


1 


- 


1 


- 


- 


1 


- 


- 


$14 93 
38 21 


Totals, 


3 


1 


- 


1 


- 


- 


1 


- 


- 


$53 14 




Against Public Policy. 

Highway, obstructing, 


1 


- 


- 


- 


- 


- 


1 


- 


- 


$26 60 


Totals for the County, 


7 


3 


- 


1 


- 


- 


3 


- 


- 


$129 54 



58 



ATTORNEY-GENERAL'S REPORT. 



[Feb, 



Table VIII. SOUTHERN DISTRICT— Continued. 
RECAPITULATION. 















to 






« . 








o 




■a 


™ 


C 




Ci 


o - 




OFFENCES. 


"3 




*c3 


p 


e 
o 
13 


a5 


R 


< 


<2 o 


Costs. 


























Ph 


O 


"•1 


fe 


Hi 


m 


fc 


fe 







Against the Person, 






















feloniously, 


a 


1 


1 


- 


- 


- 


1 


- 


- 


$242 48 


Against the Person, not 






















feloniously, 


41 


23 


4 


3 


1 


5 


5 


- 


- 


1,055 87 


Against Property, 


111 


51 


8 


9 


16 


1 


23 


3 


- 


"3,405 23 


Against the Currency, 






















and Criminal Frauds, 


8 


3 


o 


- 


1 


- 


1 


- 


- 


272 67 


Against Public Justice, 


6 


- 


1 


- 


- 


1 


4 


- 


- 


172 34 


Against the Public 






















Peace, 


4 


- 


1 


2 


1 


- 


- 


- 


- 


98 62 


Against Chastity, Mo- 






















rality and Decency, 


53 


25 


7 


4 


3 


5 


9 


. - 


- 


1,319 63 


Against Public Policy, 


213 


53 


30 


15 


32 


23 


54 


- 


6 


4,437 72 


Other Offences, . 




















- 


Totals, 


439 


156 


55 


33 


54 


35 


97 


3 


6 


$11,004 5C> 



1859." 



HOUSE— No. 90. 






Table IX. SOUTH-EASTERN DISTRICT. 

[This District comprises the Counties of Norfolk and Plymouth.] 
COUNTY OF NORFOLK. 



OFFENCE?. 


a 

3 
O 

c 


o 

> 

c 
o 

o 


- 
< 




E 
c 
o 

2 

"5 

■A 


c 

EC 


5 

o 


•— 

< 

o 


« - 

g 

— - 

1 1 

a 


Costs. 


Against the Person, 
feloniously. 

Threats, attempt to ex- 
tort money by, 


1 


- 


- 


1 


- 




- 




- 


$43 00 


Against the Person, not 
feloniously. 

Assault, and Assault 
and Battery, . 

Assault on officer, 

Death of passenger, 
causing by negligence 


38 

1 

1 


G 


1 


18 


3 


7 


3 
1 

1 


- 


- 


8598 04 


Totals, 


40 


6 


1 


18 


3 


7 


5 


- 


- 


§598 04 


Against Property. 
Arson, 

Breaking and entering, 

Burglary, . 

Burning building, 

Burning woods, . 

Larceny, 

Malicious mischief, 

Receiving stolen goods, 

Shooting dog, 

Trespass, 


1 

22 
1 

8 
1 

27 
4 
1 
1 
5 


1 

12 

1 

8 


2 
1 


1 
6 

1 
5 


1 

1 
2 


5 
3 

6 
1 


5 

1 
1 
4 
2 


1 


- 


$25 19 
432 88 

77 76 
353 74 

13 61 
718 09 

28 94 

19 51 
70 18 


Totals, 


71 


22 3 


13 


4 


15 


13 


1 


- 


$1,739 90 



ATTORNEY-GENERAL'S REPORT. 

Table IX. — Continued. 



[Feb. 



OFFENCES. 


a 
o 

3 

I 
P* 


a 
o 

> 

a 

o 
O 


'5 

o 

< 


•6 
o 

s 


6 

E 
i 

2 

■3 

^ \ 


_c 
•3 
a 

Ph 
3D 





•6 

u 
a 

1 

fc ! 




« . 

I s 

S &» 


C0St9. 


Against the Currency, 
and Crim. Frauds. 


















| 




Counterfeit money, ut- 
tering, having, &c*, 


2 


1 


- 


- 


I 


- 


- 


- 




$53 13 


Forgery, 


1 












1 






- 


False pretence*, . 


1 












1 






- 


Cheating, . 


1 


- 


- 


- 


- 


- 


1 


- 


- 


24 56 


Fraud in conveying, . 


1 


- 


- 


1 


- 


- 


- 


- 


~ 


23 94 


Worthless hank bills, 
uttering, &c., . 


1 


- 


- 


1 


- 


- 


- 


- 


- 


86 74 


Totals, 


7 


1 


- 


2 


1 


- 


3 


- 


- 


$178 37 


Against Public Justice. 






















Contempt, . 


is 


6 


- 


7 












$53 01 


Extortion, . 


i 


- 


- 


- 


- 


- 


1 


- 


- 


- 


Perjury, . 


2 


- 


- 


- 


- 


1 


1 


- 


- 


Ill 19 


Tampering with wit- 
ness, 


1 


- 


- 


- 


2 


- 


- 


- 


- 


25 95 


Refusing to assist officer, 


1 


1 
















31 55 


Totals, 


18 


7 


- 


7 


1 


1 


9 


- 


- 


$221 70 


Against the Public 
Peace. 
Riot, . 


2 


- 


- 


- 


- 


1 


1 




- 


$34 30 


Against Chastity, Mo- 
rality and Decency. 






















Adultery, . 


9 


2 


- 


2 




1 


4 




- 


$277 01 


Common drunkard, . 


2 


- 


1 


- 


1 








- 


54 95 


Disorderly house, 


1 


- 


- 


- 


1 








- 


38 44 


Drunkenness, 


1 


- 


- 


- 


1 








- 


8 02 



1859.] 



HOUSE— No. 90. 

Table IX. —Continued. 



61 



OFFENCES. 


o 

3 
o 

a 

o 
u 
Ph 




_o 



c 
o 
D 


"3 

'3 

< 


o 

o 


£ 

c 
o 

2 
*S 


tb 

a 

c 

o> 
P-c 

CO 


5 

o 


o 

25 


s 2 
° c 
■a « 

§ ^ 

a 


Costs. 


Polygamy, . 
Sunday law, 


1 
1 


1 








1 








$37 52 


Totals, 


15 


3 


1 


2 


3 


2 


4 


- 


- 


$415 94 


Against Public Policy. 
Liquor, selling, . 

Liquor, keeping, 

Lottery, 


245 
1 
2 


27 
1 


32 


17 


121 

1 


33 


4 

1 


10 


1 


$5,057 71 
11 01 
25 45 


Totals, 


248 


28 


32 


17 


122 


33 


5 


10 


1 


$5,094 17 


Other Offences. 
Nuisance, . 


18 


1 


- 


3 


4 


7 


3 


- 


- 


$239 09 


Totals for the County, 


420 


68 


37 


63 138 


66 


36 


11 


1 


$8,564 51 



(52 



ATTORNEY-GENERAL'S REPORT. 



[Feb. 



Table X. SOUTH-EASTERN DISTRICT— Continued. 
COUNTY OF PLYMOUTH. 



OFFENCES. 


Prosecutions. 

Convictions. 

... 


Acquittals. 
Nol. Pros'd. 


E 

c 

o 

3 

■3 


ti 

■3 

B 
P-l 

W 


o 


u 

< 

o 
"A 


o H 

<2 ° 
P 


Costs. 


Against the Person, 
feloniously. 

Assault, felonious, 

Rape, 

Robbery on highway, . 


1 
1 

2 


2 


- 


- 


- 


~ 


1 
1 




- 


$23 17 

1 33 

139 55 


Totals, 


4 


2 


- 


- 


- 


~ 


2 


- 


- 


$104 05 


Against the Person, not 
feloniously. 

Assault, &c., 


36 


14 


- 


8 


8 


5 


1 


- 


- 


$595 24 


Against Property. 
Breaking and entering, 

Burning State Alms- 
house, 

Larceny, 

Larceny from person, . 

Larceny of real pro- 
perty, 

Receiving stolen goods, 


18 

1 

15 

2 

1 
1 


10 

1 

6 


1 


3 


o 


3 


6 

3 

2 

1 


- 


- 


$442 62 

21 52 

354 28 

14 53 

53 80 

12 06 


Totals, 


38 


17 


1 


3 


o 


3 


12 


- 


- 


$898 81 


Against the Currency, 
and Crim. Frauds. 

False pretences, . 


1 


- 


- 


1 


- 


- 


- 


- 


- 


$49 35 


Against Public Justice. 
Perjury, . 


1 


- 


- 


- 


- 


1 


- 


- 


- 


$43 59 



1859.] 



HOUSE— No. 90. 

Table X. — Continued. 



63 



OFFENCES. 


a 

o 

3 
o 

<D 

O 
U 
P4 


c 
o 

s 


a 

— 

•4 


J3 
o 


S 
s 

•3 

'3 


■3 

03 


3 

o 


•6 
o 


■a § 
ll 


Costs. 


Against the Public 

Peace. 

Riot, .... 


1 












1 






$58 49 


Against Chastity, Mo- 
rality and Decency. 

Adulteiy, . 
Drunkenness, 
Polygamy, . 


2 
1 
1 


1 
1 










2 






$57 22 
20 58 
69 53 


Totals, 


4 


2 


- 


- 


- 


- 


2 


- 


- 


$147 33 


Against Public Policy. 
Gaming, 

Liquor, selling, . 

Peddling without li- 
cense, 


1 

47 

1 


7 
1 


4 


4 


25 


4 


1 
1 


2 


- 


$13 76 
607 65 

24 23 


Totals, 


49 


8 


4 


4 


25 


4 


2 


2 


- 


$645 64 


Other Offences. 
Nuisance, . 


12 


2 


- 


5 


- 


5 


- 


- 


- 


$142 05 


Totals for the County, 


146 


45 


5 


21 


35 


18 


20 


2 


- 


$2,744 55 



64 



ATTORNEY-GENERAL'S REPORT. 



[Feb. 



Table XI. SOUTH-EASTERN DISTRICT— Continued. 
RECAPITULATION. 

Whole number in the South-Eastern District. 



OFFENCES. 


a 
p 

Is 

o 
o 


c 
_o 

o 

V 
c 
o 


'3 


o 

u 
Ph 

o 


c 

o 

2 

'cS 


•3 


o 


■6 

< 
o 


II 

i'l 

a 


Costs. 


Against the Person, 
feloniously, 


5 


2 


— 


1 


- 


- 


2 


- 


- 


$207 05 


Against the Person, not 
feloniously, 


76 


20 


1 


26 


11 


12 


6 


- 


- 


1,193 28 


Against Property, 


109 


39 


4 


16 


6 


18 


25 


1 


- 


2,638 71 


Against the Currency, 
and Crim. Frauds, . 


8 


1 


- 


3 


1 


- 


3 


- 


- 


227 72 


Against Public Justice, 


19 


7 


- 


7 


1 


2 


2 


- 


- 


265 29 


Against the Public 






















Peace, 


3 


- 


- 


- 


- 


1 


2 


- 


- 


92 79 


Against Chastity, Mo- 
rality and Decency, 


19 


5 


1 


2 


3 


2 


6 


- 


- 


563 27 


Against Public Policy, 


297 


36 


36 


21 


147 


37 


7 


12 


1 


5,739 81 


Other Offences, . 


30 


3 


- 


8 


4 


12 


3 


- 


- 


381 14 


Not Stated, 




















- 


Totals, 


566 


113 


42 


84 


173 


84 


56 


13 


1 


$11,309 06 



1859.] 



HOUSE— No. 90. 



65 



Table 'XII. MIDDLE DISTRICT. 

[Worcester County constitutes this District.] 



OFFENCES. 


o 
'J 

o 
u 


o 

c 
» o 




o 
Ph 

o 
'A 


o 

hi 


•3 

GO 


5 

o 


It 

< 

o 


o H 

T3 5 

<2 ° 

ft 


Costs. 


Against the Person, 
felonious!';. 

Assault, felonious, 

Assault with intent, . 

Kidnapping, 

Manslaughter, 

Murder, 

Rape, 


1 

3 
1 

2 
o 

1 


1 

3 

2 




2 
1 








1 


- 


$73 43 
252 79 

31 04 

251 59 

1 18 

50 47 


Totals, 


10 


6 


- 


3 


- 


- 




1 


- 


$660 50 


Against the Person, not 
feloniously. 

Assault, and Assault 
and Battery, . 

Assault on officer, 


53 
11 


20 
3 


8 
1 


6 
1 


19 
4 


o 


- 


- 


- 


$976 32 
387 56 


Totals, 


61 


23 


9 


7 


23 


2 


- 


- 


- 


$1,363 88 


Against Property. 
Arson, 

Attempt to break and 
enter, 

Breaking and entering, 

Burglary, . 

Burning barn, 

Larceny, 

Larceny from building, 


1 



- 
4 

3 

1 

59 

1 


1 

1 
2 
2 
1 
33 
1 


1 
2 


3 


1 
2 

20 


1 


- 


- 


- 


$17 17 

102 91 
126 24 

93 57 

164 47 

1,787 05 

33 84 



6Q 



ATTORNEY-GENERAL'S REPORT. 

Table XII. — Continued. 



[Feb. 



OFFENCES. 


s 
o 

3 
o 

o 


p 

c 

c 
O 


< 


o 

1 1 


c3 

E 
c 
o 

>3 


be 
c 

■3 
c 
a 


o 


o 
ft 


« . 

s s 

■a 5 

Q 


Costs. 


Malicious mischief, 





2 


l 


2 


1 


- 


- 


I 


- 


241 61 


Shop-breaking, . 


11 


8 


- 


- 


9 
O 


- 


- 


- 


- 


303 01 


Tools, burglars, keeping 


o 


- 


l 


1 












35 78 


Totals, 


90 


51 


5 


6 


27 


1 


- 


J 


- 


$2,905 65 


Against the Currency, 
and Crirn. Frauds. 






















Counterfeiting, . 


3 


3 
















$102 93 


Counterfeit money, 
having, &c, 


3 


o 


_ 


- 


1 


- 


- 


- 


- 


119 40 


False pretences, . 


1 


1 
















2S 77 


Forgery, 


3 


- 


1 


- 


2 


- 


- 


- 


- 


114 76 


Uncurrent bank bills, 






















uttering, &c, . 


2 


1 


- 


- 


1 


' 


" 


- 


- 


46 34 


Totals, 


12 


7 


1 


- 


4 


- 


- 


- 


- 


$112 20 


Against Public Justice. 






















Perjury, 


1 


- 


- 


- 


1 


- 


- 


- 


- 


$132 20 


Against the Public 






















Peace. 






















Disturbing peace, 


7 


1 


- 


2 


4 


- 


- 


- 


— 


$71 28 


Against Chastity, Mo- 
rality and Decency. 






















Adultery, . 


7 


4 


- 


1 


2 


- 






- 


$178 92 


Common drunkard, . 


9 


- 


- 


5 


4 








- 


143 37 


Disorderly house, 


5 


1 


- 


- 


4 






- 


- 


140 88 


Drunkenness, 


9 


4 


1 


- 


4 








- 


132 34 


Fornication, 


1 


- 


- 


- 


1 








1 _ 


9 38 



1859.] 



HOUSE— No. 90. 

Table XII. — Continued. 



G7 



OFFENCES. 


o 
o 

c 


c 
o 


3 


o 


c 
o 

2 

5 


to 

c 
•3 
c 

V 

53 


5 

o 


T3 

< 

o 

i-5 


o 

o | 

•o 2 

11 


Costs. 


House of ill fame, 
Lewdness, . 
Polygamy, . 
Sunday law, 


7 
1 
1 
2 


2 

1 


- 


— 

1 


5 
2 


- 




- 


- 


$90 02 

47 17 

1 10 

15 10 


Totals, 


42 


12 


1 


7 


22 


- 


_ 


- 


- 


$758 28 


Against Puhlic Policy. 
Bowling alley, keeping, 

Gaming, 

Gaming house, . 

Intelligence office, keep- 
ing, &c, . 

Liquor, selling, . 

Liquor, keeping, 

Liquor, carrying, 

Peddling without li- 
cense, 

Pawnbroker, carrying 
on trade of, &c, 


1 
o 

1 

7 

165 

15 

1 

2 

2 


1 

42 
3 

1 
1 


1 

22 

3 


2 

18 
1 
1 


1 

1 

4 

78 

7 

1 


1 

5 
1 

1 


- 


- 


- 


$12 48 
45 46 
10 85 

108 72 

2,912 30 

289 14 

8 53 

121 99 

35 90 


Totals, 


196 


48 


26 


22 


92 


8 


- 


- 


". 


$3,545 37 


Other Offences. 
Conspiracy, 

Nuisance, . 


o 
.34 


6 


3 


1 


2 
20 


4 


- 


- 


- 


$6 13 
765 19 


Totals, 


36 6 


3 


1 


22 


4 




- 


- 


$771 32 


Not Stated, 


207 - 


- 


- 


- 


122 


85 




- 


- 


Totals for the County, 


GG5 154 


45 1 48 


1 
,195137 


8a 


1 


~ 


$10,623 74 



68 



ATTORNEY-GENERAL'S REPORT. 



[Feb. 



Table XIII. WESTERN DISTRICT. 

[This District comprises the Counties of Hampden and Berkshire.] 
COUNTY OF HAMPDEN. 



OFFENCES. 


p 

.2 

d 
U 
P-i 


s 

o 


'a 

'3 
c 

o 


p 

o 


c 
c 

>2 


si 

£ 







i 1 


Costs. 


Again ■<! the Person, 
feloniously. 
Assault, felonious, 

Manslaughter, 

Murder, 

Rape, 

Robbery, . 


1 

2 
1 
1 
1 


1 

2 


_ 


_ 


- 


1 
1 

] 






- 


$117 64 

250 18 

73 92 

14 55 

14 17 


Totals, 


6 


8 


- 


- 


- 


3 






- 


$470 4G 


Against the Person, not 

feloniously. 
Assault, and Assault 
and Battery, . 

Assault on officer, 

Assault with dangerous 
weapon, . 


17 
2 

2 


G 
1 


2 


2 


4 


2 
1 
2 


1 




- 


S175 10 
188 78 

112 52 


Totals, 


21 


7 


2 


2 


4 


5 


1 


- 


- 


% 17(5 40 


Against Properly. 
Arson, 

Burglary, . 

Larceny, . 

Larceny in building, . 

Larceny from person, . 

Malicious mischief, 

Receiving stolen goods, 


2 

7 

15 

17 

1 

5 

4 

51 


3 

9 

14 

i 

27 


- 


1 

1 


1 
2 
2 

5 


1 
1 


2 

2 
. 4 

1 

3 
12 


- 


1 
1 
3 


$17 04 
213 22 
511 22 
350 87 
21 89 
60 61 
163 20 


Totals, 


5 


$1,374 11 



1859.] 



HOUSE— No. 90. 

Table XIII. — Continued. 



69 



OFFENCES. 


c 

.2 

6 


c 
_o 

'> 
c 
o 
O 


< 


J3 

o 

M 

pH 

O 


E 
c 
o 

"S 
'3 
h5 


c 


£ 


•a 

o 


1 S 


Costs. 


Against the Currency, 
and Crim. Frauds. 

Counterfeiting, . 

Counterfeit money, ut- 
tering, having, &c, . 

Evading fare, 


8 

1 
1 


o 

1 


~ 


- 


- 


1 


1 


- 


- 


$165 90 

35 97 

9 48 


Totals, 


5 


3 




- 


- 


1 


1 


- 




$211 35 


Against Public Justice. 
Contempt, . 

Escape, 

Perjury, inciting to, . 


2 
1 
1 


- 


2 


- 


- 


- 


1 
1 


- 


- 


$9 64 
56 40 
25 39 


Totals, 


4 


- 


2 


- 


- 


- 


o 


- 


- 


$91 43 


Against the Public 

Peace. 

Disturbing peace, 


5 


- 


- 


- 


1 


4 


- 


- 


- 


- 


Against Chastity, ]\Io- 
rality and Decency. 

Abortion, procuring, &c. 
Adultery, . 
Common drunkard, . 
Disorderly house, 
Drunkenness, 
Fornication, 
Vagabond, . 
House of ill fame, 


3 
5 
1 

4 
7 
o 

1 
3 


1 

1 
1 


1 


1 
1 


1 
1 


3 
• 3 

1 

4 


2 

o 


- 


2 
1 


$53 33 

204 61 
13 70 

101 99 
53 64 
29 43 
32 37 

183 83 


Totals, 


26 


3 


1 


2 


2 


11 4 


- 


3 


$672 90 



70 



ATTORNEY-GENERAL'S REPORT. 

Table XIII. — Continued. 



[Feb. 



OFFENCES. 


c 

o 

s- 
Ph 


a 

o 

o 
O 




o 

o 
'A 


c 
o 


ti 

c 

■3 

or. 


5 

o 


•6 

< 

o 

'A 


« 

Q 


Costs. 


Against Public Policy. 






















Gaming house, . 


1 


- 


- 


- 


- 


~ 


1 


- 


- 


$8 81 


Liquor, selling, . 


90 


15 


13 


- 


21 


37 


1 


- 


3 


2,130 80 


Liquor, keeping and 
carrying, 


8 


o 


- 


3 


1 


2 


- 


- 


- 


254 08 


Liquor, 


7 


- 


- 


3 


- 


4 


- 


- 


- 


50 94 


Unlicensed exhibition, 


1 
















1 


30 90 


Totals, 


107 


17 


13 


G 


22 


43 


2 




4 


$2,481 59 


Other Offences. 






















Nuisance, . 


18 


1 


— 


3 


3 11 


— 


— 


— 


$119 40 


Totals for the County, 


243 


01 


18 


14 


37 f 79 


22 




12 


$5,897 64 



« 



1859.] 



HOUSE— No. 90. 



71 



Table XIV. WESTERN DISTRICT— Continued. 
COUNTY OF BERKSHIRE. 



OFFENCES. 


o 

"3 
o 

c 


B 
O 

o 
O 




■p 

p 

o 


c 
o 


c 
•r. 


o 


° 


« . 

o s 

•c 5 

Q 


Costs. 


Against the Person, 
feloniously. 

Assault, felonious, 
Kidnapping, 


Q 
O 

o 


o 




~ 


- 


1 

2 








-1119 63 
12 42 


Totals, 


5 


o 


- 


- 


- 


3 


- 


" - 


$212 05 


Against the Person, not 
feloniously. 

Assault, 

Assault on officer, 


29 
1 


10 
1 


o 


4 


8 


4 


- 


- 


1 


$S68 72 
26 07 


Totals, 


30 


11 


2 


4 


8 


4 


- 


- 


1 


-1894 79 


Against Property. 
Attempt to burn, 

Burglary, . 

Burning, 

Larceny, 

Malicious mischief, 

Trees, injuring, . 


1 
8 
1 

19 
3 
1 


o 

7 
1 


3 


2 

2 
1 


1 
4 


1 

6 

3 


- 


- 


~ 


$13 60 

181 78 
40 00 

318 92 
99 35 
15 15 


Totals, 


33 


10 


3 


5 


5 


10 


- 


- 


- 


$668 80 


Against the Currency, 
and Crim. Frauds. 

Counterfeit money, hav- 
ing, &c, . 

Embezzlement, . 

Forgery, . 


1 
1 
1 


- 


- 


1 




1 
1 


- 


- 


- 


$69 50 

26 04 

4 28 


Totals, 


3 


- 


- 


1 


- 


2 


- 


- 


- 


$99 82 



72 



ATTORNEY-GENERAL'S REPORT. 

Table XIV. — Continued. 



[Feb. 





















£ 
















J. 




■n 








c 


SS 




•3 




.2 






= i 




OFFENCES. 




o 


s 


c 
s- 


a 

a 
•0 


Z 


5 


<l 


5 -'• 


Costs. 

• 






a 


o 


















Ph 


O 


< 


!z< 


hi 


'/. 


/. 


14 








Against Chastity, Mo- 
rality and Dtcency. 

Adultery, . 
Common drunkard, . 
Disorderly house, 
Drunkenness, 
Polygamy, . 
Profanity, . 


o 
2 

1 
o 

1 

1 


1 

1 
1 


1 


1 


2 
1 

1 








— 


$88 36 
24 74 
80 77 
37 34 
53 30 
8 54 


Totals, 


9 


3 


1 


1 


4 


- 


- 


- 


- 


$293 05 


Against Public Policy. 

Liquor, selling, . 
Liquor, keeping, 
Road-law, violation of, 


o 

74 

1 

1 


9 

19 
1 


7 


7 
1 


13 


22 


- 


- 





$32 90 

1,293 32 

17 86 

22 15 


Totals, 


78 


22 


7 


8 


13 


22 


- 


- 


6 


$1,366 23 


Other Offtnrcs. 
Nuisance, . 


28 


1 


- 




4 


21 


- 


- 


2 


$130 98 


Not Stated, . 


21 


1 


- 


- 


1 


- 


13 


G 


- 


$370 22 


Totals tor the County, 


207 


50 


13 


19 


35 


62 


13 


6 


9 


$4,035 94 



1859.] 



HOUSE— No. 90. 



73 



Table XV. WESTERN DISTRICT— Continued. 
RECAPITULATION. 

Whole number in the Western District. 



OFFENCES. 


s 

© 
u 

Pi 


a 

a 
o 




p 


s 


- 

■3 


5 

o 


< 

o 


° c 
•a a 

Q 


Costs, 


Against the Person, 






















feloniously, 


11 


5 


- 


- 


- 


6 


- 


~ 




$682 51 


Against the Person, not 






















feloniously, 


51 


18 


4 


6 


12 


9 


1 


- 


1 


1,371 19 


Against Property, 


84 


37 


3 


6 


10 


11 


12 


- 


5 


2,042 91 


Against the Currency, 






















and Crim. Frauds, . 


8 


3 


- 


1 


- 


3 


1 


- 


- 


311 17 


Against Public Justice, 


4 


- 


2 


- 


- 


- 


2 


- 


- 


91 43 


Against the Public 






















Peace, 


5 


- 


- 


- 


1 


4 


- 


- 


_ 


- 


Against Chastity, Mo- 




















rality and Dece-ncy, 


35 


6 


2 


3 


6 11 


4 


- 


3 


965 95 


Against Public Policy, 


185 


39 


20 


14 


35 


65 


2 


- 


10 


3,847 82 


Other Offences, . 


46 


2 


- 


3 


7 


32 


- 


- 


2 


250 38 


Not Stated, 


21 


1 


- 


- 


1 


- 


13 


6 


- 


370 22 


Totals, 


450 


111 


31 


33 


72 


141 


35 


6 


21 


$9,933 58 



10 



74 



ATTORNEY-GENERAL'S REPORT. 



[Feb. 



Table XVI. NORTH-WESTERN DISTRICT. 

[This District comprises the Counties of Hampshire and Franklin.] 
COUNTY OF HAMPSHIRE. 



OFFENCES. 


a 

o 

o 
h 
Ph 


.2 

s 

o 

o 


'3 
< 


JS 

p 

u 

Ph 

o 

to 


c 
o 


■x 

-3 

s 


5 

o 


•6 

s 

o 


S 2 

-a 3 

,« o 



Costs. 


Against the Person, 
feloniously. 

Assault, felonious, 
Rape, 
Robbery, . 


1 

2 
1 


1 


- 


- 


1 
1 
1 


- 


- 


- 


- 


$15 84 

152 77 

52 62 


Totals, 


4 


1 


- 


- 


3 


- 


- 


- 


- 


$221 23 


Against the Person, not 
feloniously. 

Assault, 


11 


3 


1 


3 


2 


1 


1 


- 


- 


$269 00 


Against Properly. 
Arson, 

Burglary, . 

Larceny, 

Malicious trespass, 


2 

7 

32 

5 


1 
o 

6 


1 


1 

4 
2 


7 


3 

4 
3 


10 


1 


1 


$60 95 

344 80 

518 83 

20 99 


Totals, 


46 


9 


1 


7 


7 


10 


10 


1 


1 


$945 57 


Against the Currency, 
and Critn. Frauds. 

Conspiracy to cheat, . 

Counterfeit money, ut- 
tering, &c, 

Embezzlement, . 

Evading toll, 

False pretences, . 


2 

2 
3 
1 

1 


1 
1 


- 


- 


- 


2 


1 

2 
1 


- 


- 


$59 59 

53 05 

65 77 

11 70 

2 65 



1859.] 



HOUSE— No. 90. 

Table XVI. — Continued. 



75 



OFFENCES. 


c 
o 

3 

a 

V 

p 


o 

□ 
O 


c- 

< 


53 

o 
u 

Ph 

"3 


£ 

a 
o 

•a 
'3 


c 

CO 


n 

o 


< 

o 


0> 

K . 
c a 

5 «> 



Costs. 


Forgery, . 


1 


- 


- 


- 






1 


- 


- 


$12 52 


Forged note, uttering, 


1 


~ 


- 


- 


- 


- 


1 


- 


- 


8 77 


Fraud in conveying, . 


1 


- 




- 


- 


1 


- 


- 


- 


30 17 


Totals, 


12 


2 


- 


- 


- 


3 


6 


- 


1 


$244 22 


Against Public Justice. 






















Conspiracy to break 
jail, 


4 


- 


- 


- 


4 


- 


- 


- 


- 


U 05 


Perjury, 


1 


- 


- 


- 


- 


1 


- 


- 


- 


, 438 77 


Totals, 


5 


- 


- 


- 


4 


1 


- 


- 




$139 82 


Against the Public Peace. 






















Disturbing the peace, . 


3 


- 


- 


- 


- 


' 1 


2 


- 


- 


$93 64 


Against Chastity, Mo- 
rality and Decency. 






















Common Drunkard, . 


o 


- 


- 


- 


1 


1 


- 


- 


- 


$20 43 


Cruelty, 


o 


- 


- 


1 


- 


- 


1 


- 


- 


175 16 


Drunkenness, 


1 


- 


- 


- 


- 


1 


- 


- 


- 


33 16 


House of ill fame, 


1 


- 


- 


1 


- 


- 


- 


- 


- 


281 48 


Indecent exposure, 


3 


- 




- 


- 


- 


3 


- 


- 


20 57 


Totals, 


9 


- 


- 


2 


1 


2 


4 


- 


- 


$530 80 


Against Public Policy. 






















Innholder, presuming 
to be, &c, 


1 


- 


- 


- 


- 


- 


1 


- 


- 


$9 18 


Liquor, sale of, . 


55 


5 


4 


7 


13 


17 


5 




4 


1,665 30 


Liquor, keeping, 


10 


- 


- 


8 


- 


2 


- 


- 


- 


107 83 


Liquor, unlawfully kept, 
seized, &c, 


6 


1 


1 


4 












164 49 


Totals, 


72 


6 


5 


19 


13 


19 


6 ; 


4 


$1,946 80 



76 



ATTORNEY-GENERAL'S REPORT. 

Table XVI. — Continued. 



[Feb. 





















k 




















T3 


*• o 








c 




■a 








5 


o J2 




OFFENCES. 


3 
o 


a 


« 


d 


Ik 

a 

Q 


T3 

£ 


s 


u 

< 


■a <s 


Costs. 




o 


a 


ef 


o 


•3 


2 


o 


o 








£ 


u 


< 


fc 


iJ 


cc 


!zi 


•a 


A 




Other Offences. 






















Nuisance, . 


4 


- 


- 


1 


- 


3 


- 


- 


- 


$305 92 


Kescue of cattle, 


1 

5 


- 


- 


- 


- 


1 


- 


~ 


- 


23 65 


Totals, 


- 


- 


1 


- 


4 


- 


- 


- 


$329 57 


Totals for the County, 


167 


21 


7 


32 


30 


« 


29 


1 


6 


$5,020 65 



1859.] 



HOUSE— No. 90. 



77 



Table XVII. NORTH-WESTERN DISTRICT— Continued. 
COUNTY OF FRANKLIN. 



OFFENCES. 


1 
9 


c 
o 

c 
u 


"3 
< 


P 

o 

o 


5 
•a 


it 

£ 
55 


o 


•a 
a 

o 

5*5 


P 


Costs. 


Against the Person, 
feloniously. 

Assault, with intent to 
kill, 

Rape, 


1 
1 










1 


1 






$52 67 
100 63 


Totals, 


2 


- 


- 


- 


- 


1 


1 


- 


- 


$153 30 


Against the Person, not 
feloniously. 

Assault, and Assault 
and Battery, . 


13 


3 


1 


6 


- 


- 


o 

o 


- 


- 


$334 49 


Against Property. 
Breaking and entering, 

Burglary, . 

Burning building, 

Larceny, 

Malicious mischief, 

Receiving stolen goods, 


4 

1 

1 

14 

2 

4 


2 
1 

G 
1 
3 


- 


1 


- 


1 

1 
2 


1 

6 
1 


- 


- 


$214 46 
65 77 
12 52 

326 90 
43 08 

348 48 


Totals, 


26 


13 


- 


1 


- 


4 


8 


- 


- 


$1,011 21 


Against the Currency, 
and Crim. Frauds. 

Counterfeit money, 
having, &c, . 

False pretences, . 

Fraud in conveyance, 


3 
2 
2 


2 


- 


1 


1 


1 


1 
1 


- 


- 


$125 84 
72 47 
63 72 


Totals, 


7 


2 


- 


1 


1 


1 


2 


- 


- 


$262 03 



78 



ATTORNEY-GENERAL'S RETORT. 

Table XVII. — Continued. 



[Feb. 



OFFEMCES. 


_5 

■0 

6 


a 
o 

o 
O 


'5 

< 


p 

o 

c 

o 

'A 


3 
c 

o 




5 

o 


•6 

< 

o 
'A 


C <u 
c « 

S Si 
c o 

P 


Costs. 


Against Public Justice. 
Jail-breach, 

Perjury, . 

Witness, enticing, 


7 
1 
1 


4 


- 


- 


- 


1 


1 


- 




$7 94 

62 08 

63 77 


Totals, 


9 


4 


- 


- 


- 


4 


1 


- 


- 


$133 79 


Against Chastity, 'Mo- 
rality and Decency. 

Adultery, . 
Drunkenness, 

Polygamy, . 


o 

1 
2 

1 


1 


1 


- 


1 


- 


1 


- 


o 


$132 10 

5 89 

31 02 

113 04 


Totals, 


6 


1 


1 


- 


1 


- 


1 


- 


o 


$282 05 


Against Public Policy. 

High School, neglect 
to keep, . 

Liquor, selling, . 

Liquor, kept unlaw- 
fully, seized, &c, 


1 

39 

5 


10 
4 


1 


15 


6 


1 

6 


2 


- 


- 


$3 76 
1,133 01 

295 32 


Totals, 


45 


14 


1 


15 


6 


7 


2 


- 


- 


$1,432 09 


Other Offences. 
Conspiracy, 

Nuisance, . 


1 
4 


- 


- 


1 


1 


2 


1 


- 


- 


$15 50 
29 93 


Totals, 


5 


- 


- 


1 


1 


2 


1 


- 


- 


$45 43 


Not Stated, • 


1 


- 


- 


- 


1 


- 


- 


- 


- 


- 


Totals for the County, 


114 


37 


o 


24 


10 


19 


19 


- 


2 


$3,654 39 



1859.] 



HOUSE— No. 90. 



79 



Table XVIII. NORTH-WESTERN DISTRICT. 

RECAPITULATION. 

Whole number in the North- Western District. 



OFFENCES. 


c 
o 

3 

w 

o 
u 


c 
_o 

o 

c 
o 


"3 

'3 
c 

o 

< 


o 
o 


s 
o 

3 


c 
■3 

c 

P-. 


3 

o 


T3 
<X> 

< 

a 
"A 


k . 

o 2 

•c 3 

a 5. 

e 


Costs. 


Against the Person, 






















feloniously, 


6 


1 


- 


- 


3 


1 


1 


- 


- 


$374 53 


Against the Person, 






















not feloniously, 


24 


6 


2 


9 


o 


1 


4 


- 


- 


603 49 


Against Property, 


72 


22 


1 


8 


7 


14 


18 


1 


1 


1,956 78 


Against the Currency, 






















and Crim. Frauds, . 


19 


4 


- 


1 


1 


4 


8 


- 


1 


506 25 


Against Public Justice, 


14 


4 


- 


- 


4 


5 


i 


- 


- 


573 61 


Ajjainst the Public- 






















Peace, 


3 


- 


- 


- 


- 


1 


2 


- 


- 


93 64 


Against Chastity, Mo- 






















rality and Decency, 


15 


1 


1 


o 


2 


2 


5 


- 


2 


812 85 


Against Public Policy, 


117 


20 


6 


34 


19 


26 


8 


- 


4 


3,378 89 


Other Offences, . 


10 


- 


- 


o 


1 


6 


1 


- 


- 


375 00 


Not Stated, 


1 


- 


- 


- 


1 


- 


- 


- 


- 


- 


Totals, 


281 


58 


10 


56 


40 


60 


58 


1 


8 


$8,675 04 



80 



ATTORNEY-GENERAL'S REPORT. 



[Feb. 



Table XIX. 

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



OFFENCES. 


5 
c 


o 
o 

c 
o 


o 1 

< 


d 

o 
"A 


s 

5 
3 


C 
03 


o 


•6 
2 

u 

< 

o 


•c S 
1 §> 
Q 


Costs. 


Against the Person, 




















feloniously, 


119 


60 


10 


8 


6 20 


11 


3 


1 


$5,385 67 


Against the Person, 
not feloniously, 


035 


241 


61 


80 


79 


100 


50 


4 


20 


13,046 14 


Against Property,' 


1191 


579 


84 


79 


141 


140 


125 


17 


26 


28,631 45 


Against the Currency, 






















,;nd Crim. Frauds, . 


206 


61 


15 


21 


39 


32 


31 


4 


3 


5,467 17 


Against Public Justice, 


77 


20 


7 


8 


7 


15 


16 


4 


- 


2,111 46 


Against the Public 






















Peace, 


38 


2 


1 


6 


6 


11 


7 


1 


4 


614 02 


Against the Public- 






















Health, . 


1 




- 


- 


- 


- 


1 


- 


- 


25 26 


Against Chastity, Mo- 






















rality and Decency, 


556 


212 


38 


58'108 


71 


50 


7 


12 


10,583 72 


Against Public Policy, 


1732 


383 


174 


176 437 


325 


150 


48 


39 


36,288 53 


Other Offences, . 


164 


14 


5 


17 


40 


73 


8 


5 


o 


2,332 18 


Not Stated, 


363 


1 






2 


122 


232 


6 


- 


2,087 10 


Totals, 


5082 


1573 


395 


453 865 909681 

1 1 1 


99 107 


$106,572 70 



1859.] 



HOUSE— No. 90. 



81 



Table XX. 

Showing the whole amount of Criminal Business in the 
Commomvealth, by Counties. 



COUNTIES. 


a 

o 

"3 

p 


c 

o 

V 
a 
o 


'5 
< 


■p 

6 
u 

Pi 

o 


E 
a 

o 
'3 


c 


3 

o 


to 

•4 

o 


3 

■B - 
~ o 

P 


Costs. 


Barnstable, 




50 


14 


7 


6 


9 


2 


12 


- 


- 


$1,337 67 


Berkshire, 




207 


50 


13 


19 


35 62 


13 


6 


9 


4,035 94 


Bristol, . 




381 


138 


48 


26 


45 33 


82 


3 


6 


9,501 97 


Dukes, 




1 


1 






I 








35 36 


Essex, 




570 


190 


13 


30 


-,205 


81 


35 


16 


12,316 29 


Franklin, 




114 


37 


3 


24 


10 19 


19 


- 


2 


3,654 39 


Hampden, 




243 


61 


18 


14 


37 


79 


22 


- 


12 


5,897 64 


Hampshire, 




167 


21 


7 


32 


30 41 


29 


1 


6 


5,020 65 


Middlesex, 




653 


169 


62 


65 


88155 


81 


7 


26 


14,781 74 


Nantucket, 




7 


3 


- 


1 


- 


- 


3 


- 


- 


129 54 


Norfolk, . 




420 


68 


37 


63 


138 


66 


36 


11 


1 


8,564 51 


Plymouth, 




146 


45 


5 


21 


35 


18 


20 


2 


- 


2,744 55 


Suffolk, . 




1458 


622 


137 


104 


243 


92 


198 


33 


29 


27,928 71 


Worcester, 




665 


154 


45 


48 


195 137 


85 


1 


- 


10,623 74 


Totals, 


5082 


1573 


395 


453 


865 909681 


99107 

1 • 


$106,572 70 



11 



82 



ATTORNEY-GENERAL'S REPORT. [Feb. '59. 



Table XXI. 



Showing the number of Sentences to Fine or 


Imprisonment, by 






Counties. 








COUNTIES. 




O 

£ 

o 

DQ 


a 
o 


£ 
.2 
o 

<D 
H 
M 
O 

o 

3 w. 

o o 

n 


•a 

a 

OS 

n 

a 

S 

13 
o 
.2 & 

t, s 

1 £ 
« 1 


o 

g 

E 


Costs paid by 
Defendants. 


Barnstable, 


14 


2 


6 


5 


1 


- 


Berkshire, . 


49 


2 


16 


23 


8 


$814 24 


Bristol, 


137 


31 


59 


35 


12 


338 43 


Dukes, .... 


1 


- 


- 


- 


1 


- 


Essex, .... 


130 


27 


62 


37 


4 


•1,687 21 


Franklin, . 


27 


4 


13 


4 


6 


788 11 


Hampden, . 


50 


8 


26 


12 


4 


232 20 


Hampshire, . 


18 


3 


10 


3 


2 


512 58 


Middlesex, . 


165 


55 


57 


23 


30 


958 30 


Nantucket, 


2 


- 


1 


- 


1 


12 31 


Norfolk, 


61 


7 


20 


25 


9 


•2,859 79 


Plymouth, . 


42 


13 


11 


13 


5 


718 57 


Suffolk, 


549 


61 


263 


- 


225 


983 75 


Worcester, 


132 


18 


48 


42 


24 


895 32 


Totals, : 


1,377 


231 


592 


222 


332 


$10,800 81 



* Including the costs of former years paid within the year.