Skip to main content

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

See other formats


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.