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' dy 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
0
■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
0
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,
0
-
-
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
0
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
a1
<
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, .
0
-
-
-
-
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
0
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
0 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
0
•a
©
C
0 2
OFFEXCES.
"3
o
■3
0
3
<
Costs.
Pn
o
<
|Zi
j
'X,
fc
to
A
Other Offences.
Misdemeanor,
4
-
-
-
-
2
0
-
-
$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
0
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
0
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
a1
<
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
0
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
0
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
« -
0 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
0
•6
u
a
0 1
fc !
0
« .
Is
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
0
_o
0
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
0
-
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,
0
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
£
0
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
1S
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
37f 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
0
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
-
-
0
$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
0
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 «>
0
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
o1
<
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.
0
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.