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



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\ ANNUAL REPORT 



'attorney general 



FOR THE YEAR ENDING 



DECEMBER 31, 1870 



BOSTON: 

WRIGHT & POTTER, STATE PRINTERS, 
79 MiT.K Street (corner of Federal). 

1871. 



r/ 

-lO DOCUMENT m. i2. 

ANNUAL REPORT 



ATTORNEY GENERAL 



FOE THE YEAR ENDING 



DECEMBER 31, 1870 



BOSTON: 

WRIGHT & POTTER, STATE PRINTERS, 
79 Milk Street (corner of Federal). 

1871. 



State Library %\ n; diusetts 
State House, Boston 



i 




1871.] PUBr.Ti^' t---jT\fi?»™ 

c.) 
Comniontocalll) of ittassacljiiscte. 



Attorney Geneeajl' 
30 Court 



's Office, Boston, > 
St., Jan. 18, 1871. j 



To the Honorable Speaker of the House of Bepresentatives : 

Sir, — I have the honor to submit my Fourth Annual Report. 
During the last year, there have been the following trials for 
murder. 

1. Indictment in Essex County against Albert Dwinnells, for 
the murder of Charles W. Whittier, by stabbing with a knife. 
The defence was that the act was done in self-defence, or by 
misadventure. Verdict, guilty of manslaughter. Sentence, 
twelve years' imprisonment. Trial, February 23-25. D. Saun- 
ders, Jr., and W. C. Endicott, for the prisoner. District Attorney 
Sherman assisted me in the prosecution. 

2. Indictment in Norfolk County against John Phillips, Wil- 
liam E. Hill and Maria Hill, for the murder of William Jacobs, 
by striking, beating and kicking him. In this case the prisoner 
Maria Hill was used as a witness on the trial against the other 
prisoners, and after the trial a nolle prosequi was entered as to 
her. The defence of the other prisoners was a general denial 
of having done the acts charged. Verdict, guilty of murder in 
the first degree, as to Hill ; and guilty of murder in the second 
degree, as to Phillips. Hill was sentenced to death ; but his 
sentence was afterwards commuted by the governor and council 
to imprisonment for life in the state prison : and Phillips was 
sentenced to imprisonment for life in the state prison. Trial, 
May 24-27. B. Sanford and W. Nichols, Jr., for the prisoner 
Phillips ; J. Q. Adams and S. E. Floyd, for the prisoner Hill. 
District Attorney French assisted me in the prosecution. 



4 ATTORNEY GENERAL'S ^.EPORT. .^„^ 

3. Indictment in Essex County against Prank D, Bowers and 
James E, Ricker, for the murder of Nathaniel C. Lord, by 
striking him upon the head with a club. The defence was a 
denial that the act was done by the prisoners. Verdict, guilty 
of murder in the second degree. Sentence, imprisonment for 
life in the state prison. Trial, June IStli and 14th. W. D. 
Northend, H. 0. Wiley and S. C. Bancroft, for the prisoners. 
District Attorney Sherman assisted me in the prosecution. 

4. Indictment in Suffolk County against Giuseppe Giglio, Yin- 
cenzo Bonivio and an unknown man called Vincent, for the 
murder of Luigi Galadini, by striking him upon the head with 
a club, and by shooting with a pistol. Vincent was not arrested. 
The defence of the other two persons indicted was that the acts 
were done in self-defence. Verdict, guilty of manslaughter. 
A motion for a new trial was overruled by the court. Giglio 
was sentenced to six years' imprisonment in the state prison, 
and Bonivio to five. Trial, December 6th and 7th. C. H. Hud- 
son and A. Cottrell, for the prisoners. Assistant District At- 
torney Storey assisted me in the prosecution. 

5. 6. Indictment in Suffolk County against John Woods 
and Jeremiah W. Sullivan, for the murder of William Braley, by 
various acts of violence, the chief of which was a blow on the 
head with a club. The defence was that no blow was given 
with a club, but that the deceased, being struck in self-defence 
by Woods with his fist, fell and was killed by striking his head 
in falling. 

At tlie first trial, which was December 8 and 9, the jury dis- 
agreed. 

At the second trial, which was December 21-23, Sullivan was 
acquitted ; and Woods found guilty of manslaughter, and sen- 
tenced to eight years' imprisonment in the state prison. A. 0. 
Brewster, for Woods. W. B. Gale, for Sullivan. District At- 
torney May assisted me in the prosecution. 

7. Indictment in Worcester County against Charles W. Lynn, 
a Y)hysician, for the murder of an infant bastard child, by an 
injury inflicted before birth, and by wilful neglect after birth. 
Verdict, not guilty. Trial, December 14-16. G. P. Verry and 



1871.] PUBLIC DOCUMENT— No. 12. 5 

W. A. Williams, for the prisoner. District Attorney Eice 
assisted me in the prosecution. 

8. Indictment in Suffolk County against Nelson P. Sandstedt, 
for the murder of his wife by stabbing. The defence was a 
denial %f the act charged. Yerdict, guilty of manslaughter. 
Sentence, twenty yeiirs' imprisonment in the state prison. Trial, 
December 19-21. A. 0. Brewster and T. F. Maguire, for the 
prisoner. District Attorney May assisted me in the prosecution. 

Besides the above trials, eight in number, several other 
indictments for murder have been disposed of, as follows : — 

9. Indictment in Suffolk County against Thomas L. White, 
for the murder of Mrs. Katie A. Hobbs, by shooting with a 
pistol. I accepted a plea of guilty of manslaughter, and the 
prisoner was sentenced to imprisonment in the state prison for 
fifteen years. 

10. Indictment in Suffolk County against George Collins, for 
the murder of Catherine Riley, by stabbing with a knife. I 
accepted a plea of guilty of manslaughter, and the prisoner was 
sentenced to imprisonment in the state prison for eight years. 

11. Indictment in Suffolk County against Thomas Banks, for 
the murder of John E. Raddigan, by stabbing. I accepted a 
plea of guilty of manslaughter, and the prisoner was sentenced 
to five years' imprisonment in the state prison. 

12. Indictment in Suffolk County against Edward Bradley, 
for the murder of his wife, by various acts of violence. The 
prisoner committed suicide in jail before trial. 

13. Indictment in Suffolk County against Dennis Hanifan, 
for the murder of James 0' Council, by striking him upon the 
head with a blunt instrument. The evidence appearing to be in- 
sufficient for a conviction, the prisoner was discharged upon hi's 
own recognizance, without a trial. 

14. Indictment in Essex County against Clara E. Fisher and 
Jillard P. Fisher, for the murder of their infant child, by 



6 ATTORNEY GENELiAL'S REPORT. [Jan. 

strangling. The evidence appearing to be insufficient for a 
conviction, the prisoners were discharged, without a trial. 

15. Indictment in Essex County against Hugh Farrar, for the 
murder of his wife, by a blow upon the head with wooden 
clamps. It appearing to me clearly that the prisoner nad the 
delirium tremens at the time of the killing, he was discharged 
upon his own recognizance. 

The following indictments for murder remain undisposed of: 
1. Indictment in Suffolk County against Thomas Brennan, for 

the murder of his wife. 

2. . Indictment in Norfolk County against John Moran, for the 

murder of Charles M. Packard. 

3. Indictment in Norfolk County against Dennis Carney, for 
the murder of his wife, Margaret Carney. 

4. Indictment in Bristol County against Charles H. Cuffee, 
for the murder of Benjamin Howard. 

An important auxiliary in the administration of the criminal 
law, in case of death by violence, is the coroners' inquests. 
The first testimony is usually taken before this tribunal. In 
prosecuting an investigation in such a case, it is of much im- 
portance that the persons concerned should understand and 
appreciate the nature of their duties. In one important case, 
the coroner entertained and acted upon the opinion that his duty 
was simply to ascertain the physical cause of death, without 
collecting or receiving further testimony bearing upon the ques- 
tion of the guilt of the person known to have killed the 
deceased. In many instances which have come within my 
official observation, the whole proceedings appear to have been 
conducted in a hurry. The testimony is frequently taken down 
far more imperfectly than it ought to be ; in one instance it was 
on scraps of paper, of different sizes, not fastened together ; it 
is frequently in parts illegible ; and in one instance, coming 
within my knowledge, not officially, the clerk of the court gave 
this certificate to a copy of the testimony taken before a coroner : 
" The foregoing is as true a copy as I am able to make. Many 
parts of f iC original inquest were nearly illegible, and the whole 
badly written and difficult to decipher. I believe the copy is 



1871.] PUBLIC DOCUMENT— No. 12. 7 

substantially correct." The papers are not always returned to 
the proper custody. Without intending to make any sweeping 
imputation upon the coroners of the Commonwealth, but most 
cordially recognizing and appreciating the great service they 
sometimes render in detecting and exposing criminals, and 
bringing them to justice, it nevertheless seems to me that some 
legislation is desirable for the purpose of securing a more 
uniform and effectual execution of their duties, and, perhaps, 
of defining their powers. 

The bill in equity brought against the Liverpool and London 
Life and Fire Insurance Company to enforce payment of the tax 
assessed upon them, and carried to the Supreme Court of the 
United States by a writ of error, as mentioned in my last 
annual report, was argued in Washington the past week. No 
decision has yet been announced. 

The suit brought in behalf of the Commonwealth by the Com- 
missioners on Inland Fisheries against the Holyoke Water Power 
Company, referred to in the message of His Excellency the 
Governor, to compel that company to build a fishway over the 
dam across the Connecticut Piver at Holyoke, having been 
argued before our own Supreme Judicial Court, and decided in 
favor of the Commonwealth, and carried by the Water Power 
Company to the Supreme Court of the LTnited States by a writ 
of error, has not yet been reached for argument in that court, 
and probably will not be reached before next winter. 

By the Resolve of 1870, c. 43, I was " instructed to bring a 
suit in law or equity for the recovery of the books and papers 
belonging to the Commonwealth in the possession of the Mas- 
sachusetts Historical Society." The title of the Resolve shows 
that the " Hutchinson Papers, so called," were referred to. 
These papers consist of certain manuscripts delivered to the 
society by Mr. Bradford, a former Secretary of the Common- 
wealth, with the assent of the Council, about fifty years ago, 
which the society contends were given to it, but which the Com- 
monwealth insists were only deposited there, the Secretary hav- 
ing no right, even if he had an intention, thus to give them 
away ; and perhaps certain other manuscripts delivered to the 
society by Dr. Eliot, at a still earlier period. 



8 ATTORNEY GENERAL'S REPORT. [Jan. 

Shortly after the passage of this Resolve, the Historical So- 
ciety appointed a committee to represent it in this matter, com- 
posed of Rev. George E. Ellis, D.D. ; Hon. Joel Parker ; Hon. 
Emory Washburn ; Hon. John H. Clifford ; Hon. George T. 
Bigelow ; Hon. Benj. F. Thomas ; and Ellis Ames, Esq. After- 
wards, Hon. F. E. Parker was added to the committee, in place 
of Judge Thomas, who at his own request was excused from 
serving. 

Tlie first question which arose in my mind was whether the 
statute of limitations was a bar to the claim of the Common- 
wealth. Actions of replevin and all other actions for taking or 
detaining goods or chattels must be commenced within six 
years next after the cause of action accrues, and not afterwards ; 
and this limitation applies to actions brought by the Common- 
wealth. Gen. Sts. c. 155, §§ 1, 19. By a familiar rule, the 
same limitation extends to suits in equity. I was aware also 
that a committee of this society in 1849, in a report concerning 
these papers, which was accepted by the society, expressed the 
following views : — 

" And even should it be admitted that these were the property of 
the State, and that the governor and council had no right to give 
them to the society, yet nevertheless the open and undisturbed 
possession of a quarter of a century gives the society a clear and 
unquestionable right to hold them. And, considering the long 
lapse of time, the death of the agent employed in the transaction, 
and the other circumstances of the case, it is the ojjinion of your 
committee that it is the duty of the society to set up the statute of 
limitations against any claim to them from any quarter.'''' 

Without stopping at the outset to consider maturely whether 
this technical defence could be met and overcome upon a hear- 
ing before a judicial tribunal, it seemed to me, that, although the 
society had never formally disclaimed these views, yet it would 
probably wish to withdraw them, if a favorable opportunity were 
offered, and rest its case upon different grounds ; and that it 
was also quite desirable, on the part of the Commonwealth, to 
avoid the necessity of meeting this defence, and to submit the 
real merits of the controversy to some competent arbitrator, 
appointed under a rule of court, whose decision, obtained 



1871.] PUBLIC DOCUMENT— No. 12. 9 

speedily, simply and fairly, upon due investigation in accordance 
with legal rules, and sanctioned and confirmed by the court, 
would forever put the whole matter at rest. 

Accordingly, having received an informal intimation from one 
of the gentlemen above named as the committee of the society, 
(though before his appointment,) which led me to think that 
the proposition would be accepted, I offered to bring a suit in 
equity against the society, instead of adopting the more hostile 
mode of a proceeding at law, with the understanding that the 
statute of limitations should not be set up in defence, and that 
the case should be referred under rule of court to some impar- 
tial person, of the highest position and standing, to be after- 
wards agreed upon by the society and myself. 

This proposition was not finally acted upon for several months, 
in consequence, as I learned from time to time, of the difficulty of 
getting the committee together at that season of the year. At 
last, on the 14th of October, I received a communication of that 
date, informing me that the committee did not deem it expe- 
dient to take any action in relation to my suggestion " that the 
claim might be submitted to arbitration, on certain conditions," 
that the difficulty in the minds of the committee, which seemed 
to render any step, however slight, inexpedient at the existing 
stage of the matter was this : that " the society do not now' 
know what the Commonwealth claims — that is, whether th-' 
claim is confined to the papers which were received from Aldei 
Bradford, Esq., or covers all papers in their hands callc' , 
' Hutchinson Papers ; ' so that they could not know what the^ ' 
were to submit to arbitrators. Some of the committee, too, had 
great doubts whether an agreement to refer, entered into under 
a rule of court by the Attorney General, would be binding on 
the Commonwealth ; and [thought] that there was danger, if 
the legislature did not like the award, that it might all be re-, 
pudiated. Under these circumstances, I do not see ' , ^ tha< 
you must proceed as you may be advised." , '^ 

The above letter, when considered with reference to thr 

s 
previous negotiations upon the subject, fully satisfied me tha' 

this was intended as a final answer to my proposition, and that n(q 

agreement could be made at that time by which the defence of r^„ 

statute of limitations should be waived ; and, in view of _, 

position taken by the society in 1849, not yet formally t 



10 ATTORNEY GENERAL'S REPORT. [Jan. 

claimed, I believe that no injustice will be done to anybody by 
assuming that this answer of the committee showed an intention 
to insist at all hazards upon that defence ; and this for the fol- 
lowing additional reasons. 

If an amicable adjustment was to be made of the preliminaries 
for a hearing of the matter, there could be no reason why a 
statement of the claim should not be made in advance, if the 
society should so wish. Besides, the society, through a former 
committee, had a few months before offered to submit the case 
to arbitration, without waiving the defence of the statute of 
limitations ; and the objection now presented was not taken at 
that time. This part of the objection was so slight, so recently 
made, and so easily relieved, that it could not for a moment 
have stood in the way of coming to an agreement, had there 
been no other difficulty. 

And it seemed to me that the doubts which some of the com- 
mittee entertained as to the Attorney General's authority to 
refer the cause, under rule of court, might easily have been 
resolved by the other members of the committee, who had no 
such doubts. It is familiar law, that the authority given to an 
ordinary attorney to prosecute or defend a suit implies a power 
.7 to refer it by rule of court, that being a legal mode of prosecut- 
ing or defending. Bucklandy. Conwa?/, 16 Mass. '^97. Shores 
unq^- Casivell, 13 Met. 414. Holker v. Parker, 7 Cranch, 449. 
laps^or is it to be supposed that the Attorney General of Massachu- 
and^etts can be deemed to have less power, in conducting public 
com^auses which are by law put under his charge without restric- 
lii tion, than ordinary attorneys at law have in conducting private 
causes. 

Besides these considerations, I will call attention to the 

thi language of a paper upon this general subject, read to the 

ing society, on the 11th of August last, by the President, Hon. 

sociRobeAd ^j. Winthrop, and published in the proceedings of the 

prohociety^sln which, after complaining of the action of the last 

offeilegislature, he says : " I venture to hope, however, that we shall 

was maintain our equanimity, and even our magnanimity, in spite 

avoiof such provocations ; and that, while we make ready to defend 

. real mr rights and our good name in any action which may be coni- 

appointnced against us, we may yet hold ourselves open to accept any 

eriures of arrangement or arbitration, if any should be made, 



1871.] PUBLIC DOCUMENT— No. 12. 11 

even though the offers of our committee to that eifect were dis- 
regarded. It will be time enough, however, for the society to 
decide that question when such a proposition shall be made 
to us." 

At this time, my proposition had been l^efore the committee 
of the society for several weeks ; and, if it had been commu- 
nicated to the President, the foregoing paragraph was apparently 
prepared in the anticipation that it would be accepted, substan- 
tially as made ; neither of the objections which were afterwards 
assigned, nor any other objection, being mentioned by him. 

Under these circumstances it seems to me that the portion of 
the committee who gave expression to the belief that there was 
danger of the legislature's repudiating an unfavorable award, 
rendered after a formal hearing upon a submission entered into 
under rule of court by the Attorney General, made an imputa- 
tion upon the good faith of the legislature for which there is no 
warrant or excuse ; and that it came from them with a particu- 
larly ill grace, at the same time when they showed their deter- 
mination to hold the documents in controversy, against the 
State, by virtue of the statute of limitations, even although (to 
use the language of the committee of 1849) " it should be 
admitted that these were the property of the State." 

I have no reason to suppose that the society as a body has 
assented to this decision of the committee, which was so unex- 
pected to me ; nor have I any official knowledge how many or 
which members of the committee concurred therein. But for the 
present, the decision must stand as the decision of the society ; 
and upon receiving it, I should have instituted legal proceedings 
at once, but for the great pressure of numerous other official 
duties at that time, which involved more substantial rights and 
interests. 

Upon consideration, this technical defence does not appear to 
be necessarily fatal to the claim of the Commonwealth, and 
there is much reason to hope that the society, notwithstanding 
tlieir determination to avail themselves of it, may yet be com- 
pelled to meet and try the question of title to these documents 
upon its real merits. 

Inasmuch however as the matter has been thus delayed, and 
as the controversy is now rather a matter of sentiment than of 
substantial importance, the principal documents being already 



12 ATTORNEY GENERAL'S REPORT. [Jan. 

in print, I have thought it proper, under the circumstances, to 
make this Report before proceeding further, and thus to give an 
opportunity of withdrawing or modifying the instructions of last 
year, if such course should seem expedient. Otherwise, I am 
ready to proceed in obedience to them. 

In the actions brought in 1868 and 1869 against the Eastern 
Railroad Company to recover penalties for the neglect of that 
corporation to establish a station at Knight's Crossing, as 
directed by St. 1868, c. 89, judgment has been rendered for the 
Commonwealth, and the railroad company has since established 
the station and built the station-house required by that statute. 

In pursuance of the requirements of Res. 1870, c. 23, I have 
commenced actions against the Eastern Railroad Company, and 
the Norwich and Worcester Railroad Company, upon the claims 
of the Commonwealth against those corporations for money 
expended to redeem the principal and interest of scrip issued 
for their benefit. 

A table of the various cases which have been under my 
charge for the past year is appended. 

I have the honor to be, 
Very respectfully. 

Your obedient servant, 

CHARLES ALLEN. 



1871.] P> . -No. 12. 

1871.] PUBLIC DOCUMENT— No. 12. 13 



CASES 

Argued and condiicted by the Attomey General from January \st 
to December 31s(!, 1870. 



COUNTY OF BARNSTABLE. 

Commonwealth y. Certain Intoxicating Liquors (Elkanah S. 
Baker et al. claimants). S. J. C. Proceeding for forfeiture. Ex- 
ceptions S. C. Exceptions sustained. 

COUNTY OF BRISTOL. 

Commonwealth v. Charles H. CufFee. S. J. C. Murder. Not 
yet tried. 

Commonwealth -y. Patrick Cleary. S. J. C. Keeping liquor for 
sale. Exceptions S. C. Exceptions overruled. 

Commonwealth v. John Leddy. S. J. C. Assaidting an officer. 
Exceptions S. C. Exceptions overruled. 

Commonwealth v. John Burke, alias John Finneran, et al. S. J. 
C. Being accessary to rape. Exceptions S. C. Exceptions over- 
ruled. 

Commonwealth v. Adam Hassenger. S. J. C. Keeping li<2uor 
for sale. Exceptions S. C. Exceptions overruled. 

Commonwealth v. Dennis Harrington. S. J. C. Keeping liquor 
for sale. Exceptions S. C. Exceptions overruled. 

Commonwealth v. Seth H. Brettun. S. J. C. Larceny. Ex- 
ceptions S. C. Exceptions overruled. 

COUNTY OF DUKES COUNTY. 

Commonwealth v. Allen Look et al. S. J. C. Talcing fish un- 
lawfully. Report S. C. Report dismissed. 

COUNTY OF ESSEX. 

Commonwealth v. Terence Carroll. S. J. C. Murder. Defend- 
ant still in lunatic hospital. 

Commonwealth v. Hugh Farrar, alias Eugene Farrell. S. J. C. 
Murder. Defendant discharared on his own recocrnizance. 



U ATTORNEY GENERAL'S REPORT. [Jan. 

Commonwealth v. Albert Dwinnells. S. J. C. Murder. Trial 
February 23-25. Verdict — guilty of manslaughter. Sentence — 
twelve years' imprisonment. 

Commonwealth v. Clara E. Fisher et al. (Willard P. Fisher). 
S. J, C. Murder. Defendants discharged. 

Commonwealth v. Frank D. Bowers et al. (James E. Ricker), 
S. J. C. Murder. Trial June 13, 14. Verdict — guilty of murder 
in the second degree. Sentence — imprisonment for life. 

Commonwealth y. Proprietors of the Newburyport Bridge. S. 
J. C. Information. Information dismissed. 

Attorney General v. City of Salem. S. J. C. Information. 
Judgment for the defendant. 

Commonwealth v. Leonard Choate. S. J. C. Burning a build- 
ing in the night time. Exceptions S. C. Exceptions overruled. 

Commonwealth v. George F. Godsoe. S. J. C. Polygamy. 
Exceptions S. C. Exceptions overruled. 

Commonwealth a. Lawrence Casey. S. J. C. Common seller of 
liquor. Exceptions S. C. Exceptions overruled. 

Commonwealth v. Henry D. Reed. S. J. C. Liquor nuisance. 
Exceptions S. C. Exceptions overruled. ^ 

Commonwealth v. Thomas E. Dudley. S. J. C. liquor nuis- 
ance. Exceptions S. C. Exceptions overruled. 

Commonwealth v. Nathaniel Galeucia. S. J. C. liquor nuis- 
ance. Exceptions S. C. Exceptions overruled. 

Commonwealth v. Daniel Calahan. S. J. C. Single sales of 
liquor. Exceptions S. C. Exceptions overruled. 

Commonwealth v. John Popplewell. S. J. C. Liquor nuisance. 
Exceptions S. C. Exceptions overruled. 

Commonwealth v. William Reed. S. J. C. Liquor nuisance. 
Exceptions S. C. Exceptions overruled. 

Commonwealth v. John Lannagan. S. J. C. Liquor nuisance. 
Exceptions S. C. Exceptions overruled. 

Commonwealth v. George Lord. S. J. C. Liquor nuisance. 
Exceptions S. C, Exceptions ovei'ruled. 

Commonwealth v. Patrick Lawrence. S. J. C. Liquor nuisance. 
Exceptions S. C. Exceptions overruled. 

Commonwealth v. John Hurley. S. J. C. Liquor nuisance. 
Exceptions S. C. Exceptions overruled. 

Commonwealth v. Charles Stone. S. J. C. Common seller o/ 
liquor. Exceptions S. C. Exceptions overruled. 

Commonwealth v. James Dewhurst. S. J. C. Liquor nuisance. 
Exceptions S. C. Exceptions overruled. 



1871.] PUBLIC DOCUMn^NT— No. 12. 15 

Commonwealth v. Certain Intoxicating Liquors (Hugh Owen, 
claimant). S. J. C. Proceeding for forfeiture. Report S. C. 
Report dismissed. 

Commonwealth v. Amos Kimball. S. J. C. Liquor 7iuisa7ice. 
Exceptions S. C. Exceptions overruled. 

Commonwealth v. John J. McDermot. S. J. C. Assaulting an 
officer. Exceptions S. C. Exceptions overruled. 

Commonwealth v. Thomas McLaughlin et al. S. J. C. Attempt 
to poiso7i a horse. Exceptions S. C. Exceptions overruled. 

COUNTY OF FRANKLIN. 

Commonwealth v. Simeon Peck. S. J. C. Murder. Defendant 
still in lunatic hospitaL 

Attorney General v. Proprietors of Deerfield River Bridge. S. J. 
C. Information. Not yet decided. 

Federal Union Mining Company, Petitioners, &c. S. J. C. Peti- 
tion for reduction of capital stock. Not opposed- 

COUNTY OF HAMPDEN. 

Commonwealth v. Thomas Denehy. S. J. C. Breahing and en- 
tering and larceny. Exceptions S. C. Exceptions overruled. 

Commonwealth v. John A. Freed. S. J. C. Liquor nuisance. 
Exceptions S. C. ExcejDtions overruled. 

Commonwealth v. James Flannery. S. J. C. Keeping liquor 
for sale. Exceptions S. C. Exceptions overruled. 

Commonwealth v. James McCarthy. S. J. C. Keeping liquor 
for sale. Exceptions S. C. Exceptions overruled. 

Commonwealth v. Daniel McCauley. S. J. C. Keeping liquor 
for scde. Exceptions S. C. Exceptions overruled. 

Commonwealth v. Charles Williams, S. J. C. Breahing and 
entering and larceny. Exceptions S. C. Exceptions overruled. 

Commonwealth v. Patrick Mahana. S. J. C. Larceny in a 
building. Exceptions S. C. Exceptions overruled. 

J COUNTY OP HAMPSHIEE. 

Commonwealth v. Bernard Keagan. S. J. C. Common seller of 
tyquor. Exceptions S. C. Exceptions waived. 

Commonwealth v. Joseph Bakeman. S. J. C. Obstructing a 
tiiilroad. Exceptions S. C, Exceptions sustained. 

fo COUNTY OF MIDDLESEX. 

phCommonwealth v. Andrew Donnelly. S. J. C. Murder. De- 
fiant still in lunatic hospital. 

S. 

pla: 
A 

tion 



16 ATTORNEY GENERAL'S REPORT. [Jan. 

Commonwealth v. John Crane. S. J. C. Obtaining a signature 
by false pretences. Exceptions S. C. Exceptions waived. 

Attorney General v. Benjamin F, Woods. S. J. C. Informa- 
tion, to rest^^ain building of dam. Temporary injunction issued, but 
afterwards dissolved. 

Commonwealth v. Inhabitants of Wilmington. S. J. C. Caus- 
ing death by neglect to repair highway. Report S. C. Verdict set 
aside. 

Commonwealth v. Melvin E. Dane. S. J. C. House of ill fame. 
Exceptions S. C. Not yet argued. 

Commonwealth v. Inhabitants of Holliston, S. J. C. Defective 
MghiDay. Exceptions S. C. Not yet argued. 

Commonwealth v. John O'Brien. S. J. C. Assault and battery. 
Exceptions S. C. Not yet argued. 

Commonwealth v. Inhabitants of Sudbury. S. J. C. Contract, to 
recover fm' support of pauper. Appeal S. C. Not yet argued. 

COUNTY OF NORFOLK. 

Commonwealth v. John Phillips et al. (William E. Hill and Maria 
Hill), S. J, C. 3Iurder. Indictment no/. ^:)rosV? as to Maria Hill. 
Trial May 24-27. Verdict— as to William E. Hill, guilty of mur- 
der in the first degree ; and as to Phillijis, guilty of murder in the 
second degree. Sentence — as to Hill, death ; and as to Phillips, 
imprisonment for life. 

Commonwealth v. John Moran. S. J. C. Murder. Not yet 
tried. 

Commonwealth v. Dennis Carney. S. J. C. Murder. Not yet 
tried. ^ 

In the matter of the will of Sarah C. Lewis. S. J, C. Appeal 
from Probate Court. Not yet tried. 

Commonwealth v. John W. Damon. S. J. C, Selling mortgaged 
property in violation of Gen. jSts. c. 161, § 62. Exceptions S. C. 
Exceptions sustained. 

COUNTY OF PLYMOUTH. 

Commonwealth v. John Sexton. S. J. C. Hqitor Jiidsance. 
Case dismissed. 

COUNTY OF SUFFOLK. ^ 

Commonwealth v. Thomas L, White, S. J, C. Murder. Pie; 
— guilty of manslaughter. Sentence — fifteen years' imprisonmenfg. 

Conuiionwealth v. Thomas Branning, alias Thomas Brennai 
S. J. C. Murder. Not yet tried. 



1871.] PUBLIC DOCUMENT— No. 12. 17 

Commonwealth v. George Collins. S. J. C. Murder. Plea — 
guilty of manslaughter. Sentence — eight years' imprisonment. 

Commonwealth v. Dennis Hanifan. S. J. C. 3Iurder. Defend- 
ant discharged on his own recognizance. 

Commonwealth v. John Woods et al. fjerpiniah W. Sullivan). 
S. J. C. Murder. Trial December 8, 9. Jury disagreed. Second 
trial December 21-23. Verdict — as to Woods, guilty of man- 
slaughter ; and as to Sullivan, not guilty. Sentence — as to Woods, 
eight years' imprisonment. 

Commonwealth v. Edward Bradley. S. J. C, Murder. De- 
fendant committed suicide in jail. 

Commonwealth v. Guiseppe Giglio, alias Joseph Gelio, et al. 

(Vincenzo Bonivio, alias John Bonivio, and Vincent), S. 

J. C, Murder. Trial of Giglio and Bonivio December 6, 7, Ver- 
dict — guilty of manslaughter. Sentence — as to Giglio, six years' 
imprisonment; and as to Bonivio, five years' imprisonment. 

Commonwealth v. Thomas Banks. S. J, C. Murder. Plea — 
guilty of manslaughter. Sentence — five years' imprisonment. 

Commonwealth y. Nelson P, Sandstedt, S, J. C. Murder. Trial 
December 19-21. Verdict — guilty of manslaughter. Sentence — 
twenty years' imprisonment. 

Henry K. Oliver, Treasurer, v. Liverj^ool and London Life and 
Fire Insurance Company. S. J, C. Petition for injunction. Con- 
tinued, to await the decision of the U. S, Supreme Court on writ of 
error. 

Four Farm Oil Company, Petitioners, &c. S, J. C. Petition for 
dissolution of corporation. Not yet heard. 

Boston Bennyhoff Reserve Oil Company, Petitioners, &c. S. J. C. 
Petition for dissolution of corporation. Not yet heard. 

Commonwealth v. William H. Gardiner. S. J. C. lyiformation. 
Not yet heard. 

Northampton Street Sugar Refinery, in Insolvency, Claim for 
tax. No assets found, and tax totally abated by Board of Appeal, 

William H, Hackett -y. Jacob H, Loud, Treasurer. S. J. C. Pe- 
tition for mandamus. Dismissed on motion of the petitioner. 

Commonwealth w. Eastern Railroad Company, S, J. C. Tort.^ 
for penalty under St. 1868, c. 89. Appeal S. C. Judgment for 
plaintifi". 

Same v. Same. Same v. Same. Same v. Same. Same v. Same. 
S. C. Tort., for penalty under St. 1868, c. 89, Judgment for 
plaintifi". 

Attorney General, Petitioner, &c, S, J, C, Petition for instruc- 
tions as to authority to allow fees to experts. Fees allowed. 
3 



18 ATTOMEY GENERAL'S REPORT. [Jan. 

Attorney General v. Justices of the Municipal Court of the City 
of Boston. S. J. C. Petition for mandamus. Petition dismissed. 
Benevolent Fraternity of Churches in the City of Boston, Peti- 
tioners, &c. S. J. C. Petition for leave to sell real estate. Sale 
authorized. 

Attorney General v. Ophir Gold Mining Company. Same v. Pal- 
merston Mining Company. Same v. Wellington Gold Mining 
Company. S. J. C. Informations, for tax. Settled, and dis- 
missed by consent. 

Attorney General v. Tudor Ice Company. S. J. C, Inform,ation. 
Not yet decided. 

Commonwealth v. Edward J. Sullivan. S. J. C. Larceny. Ex- 
ceptions S. J. Exceptions overruled. 

Commonwealth v. Josephine Howard et al. S. J. C. Larceny 
from the person. Exceptions S. C. Not yet decided. 

Commonwealth v. Jay H. Moulton et al. S. J. C. Contract, on 
recognizance. Exceptions S. C. Exceptions waived. 

Commonwealth v. George Marden. S. J, C. Larceny. Excep- 
tions S. C. Exceptions waived. 

Commonwealth v. Adelbert Hooper et al. S. J. C. Ohtaining 
goods hy false pretences. Exceptions S. C. Exceptions overruled. 
Commonwealth u. Patrick Gilligan et al. S. J. C. Receiving 
stolen goods. Exceptions S, C. Exceptions waived. 

Commonwealth v. James Cunningham, S. J. C, Larceny. Ex- 
ceptions S. C. Exceptions overruled. 

Commonwealth v. Albert Davis, alias Alvah W. Davis. S, J. C. 
Receiving stolen goods. Exceptions S. C. Exceptions overruled. 

CommouAvealth v. Same. S, J. C, Receiving stolen goods. Ex- 
ceptions S, C. Exceptions overruled. 

O'Neil Mining and Smelting Company, Petitioners, &c. S. J, C. 
Petition for reduction of capital stock. Not opposed. 

Bay State Gold Mining Company, Petitioners, &c. S. J. C. Peti- 
tionfor reduction of capital stocJc. Not opposed. 

Commonwealth v. John Desmond. S. J. C. Assisting a pris- 
oner to escape from custody. Exceptions S, C. Exceptions over- 
ruled. 

Commonwealth v. Joanna Rowe. Same v. Same. S. J. C 
Larceny. Exceptions S. C. Exceptions sustained. 

Commonwealth Gold Mining Comjiany, Petitioners, &c. S. J, C. 
Petition for reduction of capital stock. Not opposed. 

Commonwealth v. Henry Strupney. S. J, C, BreaJcing and 
entering and larceny. Exceptions S. C. Exceptions sustained. 



1871.] PUBLIC DOCUMENT— No. 12. 19 

Commonwealth v. Dennis Regan, S. J. C. Rape. Exceptions 
S. C. Exceptions overruled. 

Commonwealth v. William Carel. S. J. C. Perjury. Excep- 
tions S. C. Exceptions overruled. 

Commonwealth v. Thomas A. Woodside. S. J. C. Embezzle- 
ment. Exceptions S. C. Exceptions overruled. 

Caledonia Gold Mining Company, Petitioners, &c. Washington 
Gold Mining Company, Petitioners, &c. Wallace Gold Mining Com- 
pany, Petitioners, &c. Silver Ledge Mining Company, Petitioners, 
&c. S. J. C. Petitions for reduction of capital stock. Not opposed. 

Commonwealth v. Eben D, Jordan. S. C. Contract., on notes. 
Settled, and writ withdrawn. 

Attorney General v. American Tablet Company. S. J. C. In- 
formation., for tax. Tax and costs collected, and infonnation 
dismissed. 

Attorney General v. Metallic Compression Casting Company. 
S. {T. C. Information^ for tax. Information withdrawn, the 
defendant corporation having been put into bankruptcy. 

Attorney General v. Hale Patent Washer Company. S. J. C. 
Information., for tax. Tax and costs collected, and information 
withdrawn. 

Theodore Lyman et al... Commissioners on Inland Fisheries, u. 
Holyoke Water Power Company. S. J. C. Information. Decree 
for complainants, and decree superseded by writ of error from U. S. 
Supreme Court. 

Attorney General v. Boston and West Roxbury Railroad Com- 
pany. S. J. C. Information., for tax. Tax and costs collected 
and information withdrawn. 

Attorney General v. Hancock Sewing Machine Company. S. J. C. 
Information., for tax. Tax and costs collected, and information 
withdrawn. 

Attorney General v. Boston Champion Fixture Company. S. J. C. 
Information., for tax. Tax totally abated by the Board of Appeal, 
and infonnation dismissed. 

Attorney General v. American Railway Frog Company, S. J. C. 
Information., for tax. Settled, and information withdi'awn. 

Attorney General v. Wheeler Metal Forging Company. S. J. C. 
Information., for tax. Injunction issued. 

Harry Jennings v. Commonweiith. S. J. C. Error to S. C. 
Judgment affirmed. 

Thomas Leslie v. Commonwealth. S. J, C. Error to Trial 
Justice. Not yet argued. 



20 ATTORNEY GENERAL'S REPORT. [Jan. 

Samuel H. Randall, Petitioner, &c. S. J. C. Error to S. C. 
Returnable at April Term, 1871. 

Commonwealth v. Jerome G. Kidder et al. S. J. C. Nuisance, 
Exceptions S. C. Exceptions sustained. 

Commonwealth v. Charles H. Blesdill. S. J. C. Selling adul- 
terated niilJc. Report S. C. Report dismissed. 

Commonwealth v. Patrick Fortune et al. S. J. C. Atteinpt to 
commit larceny from the person. Exceptions S. C. Exceptions 
overruled. 

Attorney General v. Adams Mining Company. Same v. Kear- 
sage Mining Company. Same v. Ossipee Mining Company. Same 
V. South Pewabic Copper Company. S. J. C. Informations., for 
tax. Injunctions issued. 

Attorney General v. Mesnard Copper Mining Company. S. J. C. 
Information., for tax. Tax and costs collected, and information 
withdrawn. 

Drusilla P. Kingsbury v. John B. Dearborn. S. J. C. Habeas 
corpus. Prisoner remanded. 

Commonwealth v. Eastern Railroad Company. S. C. Tort, for 
penalty under St. 1868, c. 89. Returnable at January Term, 1871. 

Commonwealth u. City of Lynn. S. C. Contract, to recover for 
support of pauper. Returnable at January Term, 1871. 

COITNTY OF WOKCESTER. 

Commonwealth v. Charles W. Lynn. S. J. C. Murder. Trial 
December 14-16. Verdict — not guilty. 

Commonwealth v. Certain Intoxicating Liquors (Zephaniah Spurr 
et al., claimants). S. J. C. Proceeding for forfeiture. Exceptions 
S. C. Exceptions overruled. 

Commonwealth v. Samul F. Mason. S. J. C. Larceny. Ex- 
ceptions S. C. Exceptions overruled. 

Commonwealth v. Andrew Martin. S. J. C. Assaulting an offir 
cer. Exceptions S, C. Exceptions sustained. 

Commonwealth v. William Sheehan. S. J. C. Keeping liquor for 
sale. Exceptions S. C. Exceptions overruled. 

Commonwealth v. William J. Blanchard. S. J. C. deceiving 
liquor for transportatio?i. Exceptions S. C. Exceptions over- 
ruled. 

Commonwealth v. Hartley Heywood. S. J. C. liquor nuis- 
ance. Exceptions S. C. Exceptions overruled. 

Commonwealth v. Owen Garrity. S. J. C. liquor nuisance. 
Exceptions S. C. Exceptions waived. 



1871.] PUBLIC DOCUMENT— No. 12. 21 

Commonwealth v. Bernard Conlin ei al. S. J. C, Manslaughter. 
Exceptions S. C. Exceptions overruled. 

Commonwealth v. Andrew J. Lilley. S. J. C. Liquor nuisance. 
Exceptions S. C. Exceptions waived. 

Commonwealth v. Dennis Campion. S. J. C. Common seller of 
liquor. Exceptions S. C. Exceptions overruled. 

Commonwealth v. John Kelley, S. J. C. Keeping liquor for 
sale. Exceptions S. C. Exceptions waived. 

Commonwealth v. John C. Dennis. S. J. C. Attempt to commit 
suicide. Exceptions S, C. Not yet decided. 

Commonwealth v. Certain Intoxicating Liquors (Andrew Mar- 
tin, claimant). S, J. C. Proceeding for forfeiture. Exceptions 
S. C. Exceptions sustained. 

Commonwealth v. Thomas Farrell. S. J. C. Liquor nuisance. 
Exceptions S. C. Exceptions overruled. 

Commonwealth v. Peter Sherman. S. J. C. Attempt to commit 
larceny. Excej^tions S. C. Exceptions oveiTuled. 

Commonwealth v. George R. Wetherbee. S. J. C. Soliciting 
insurance loithoxit authority. Exceptions S, C. Not yet decided. 

Commonwealth v. Jeremiah J. Sullivan. S. J. C. Liquor nuis- 
ance. Exceptions S. C. Exceptions overruled. 

Commonwealth v. Certain Intoxicating Liquors (Patrick Gillon, 
claimant). S. J. C. Proceeding for forfeiture. Exceptions S. C. 
Exceptions overruled. 

Commonwealth v. William Sheehan. S. J. C. Liquor nuisance. 
Exceptions S. C. Exceptions overruled. 

Commonwealth v. James E. Taylor, S. J. C. Obtaining goods 
hy false pretences. Exceptions S. C. Exceptions overruled. 

Commonwealth v. Mary F. Griffin. S. J. C. Common seller of 
liquor. Exceptions S. C. Exceptions overruled. 

Commonwealth v. Mary F. Griffin. S. J. C. Single sale of 
liquor. Exceptions S. C. Exceptions overruled. 

Commonwealth v. Mary F. Griffin. Same v. Same. S. J. C. 
Liquor nuisance. Exceptions S. C. Exceptions overruled. 

SUPREME COURT OF THE UNITED STATES. 

Livei-pool and London Life and Fire Insurance Company v. Henry 
K. Oliver, Treasurer. Error to S. J. C. Not yet decided. 

Holyoke Water Power Company v. Theodore Lyman et al.^ Com- 
missioners on Inland Fisheries. Error to S. J. C. Not yet 
argued. 



22 ATTORNEY GENERAL'S REPORT. [Jan. 

DISTRICT COTJKT OF THE UKITED STATES, MASSACHUSETTS 
DISTRICT. 

Massachusetts Condensing Company, in Bankruptcy. Claim ^or 
tax. Tax collected. 

Boston Lumber Company, in Bankruptcy, Claim for tax. Tax 
collected. 

Metallic Compression Casting Company, in Bankruptcy. Claim 
for tax. Claim proved. 



1871.] 



PUBLIC DOCUMENT— No. 12. 



23 



TABLE 



Shoioing the Niimher of Criminal Cases pending on questions of 
Law in the Supreme Judicial Court during the year 1870, and 
the disposition thereof hy Counties. 



counties. 


til 
c 

■3 

a 

s 


a 

o 

"" si 
<2 "^ 
"S ^ 
1 § 

Q 


o 

« C 

o 

■a £ 
•2 E 
"5 o 
g O 
Q 


1 
1 

5 


•d 

2 
o 

•a 

(>. 

o 


Barnstable, . 

Bristol, . 

Dukes County, 

Essex, 

Hampden, 

Hampshire, 

Middlesex, 

Norfolk, . 

Plymouth, 

Suffolk, . 

Worcester, 








1 
6 
1 

19 
7 
2 
5 
1 
1 

18 
24 


6 

18 

7 
1 

1 

12 

20 


1 

1 
1 
1 

4 
2 


1 
1 

1 
1 


3 

1 
2 


Totals, 






85 


65 


10 


4 


6 



24 



ATTORNEY GENERAL'S REPORT. [Jan. '71. 



TABLE 

Showing the Nwriber and Character of Criminal Cases pending on 
questions of Law in the Supreme Judicial Court during the year 
1870, and the disposition thereof. 



OFFENCES. 





s 


u 

s 














o 


*j .a 




















bt> 








a 


u £ 


M ^ 




■a 
a 


a « 


« a 
o 


•6 


D. 


■a ^ 


■S s 


% 


Ul 


•o S 


■= s 


B 










S B 


g o 




O 


P 


fi 


P 



li 



Assault and battery, . . , . 


1 


_ 


_ 


_ 


1 


Assault upon an officer, 


3 


2 


1 


- 


- 


Assisting a prisoner to escape, 


1 


1 


- 


- 


- 


Attempt to commit suicide, . 


1 


- 


- 


- 


1 


Attempt to poison a horse, . 


1 


1 


- 


- 


- 


Breaking and entering and larceny, . 


3 


2 


1 


- 


- 


Burning a building in the night time, . 


1 


1 


- 


- 


- 


Causing death by neglect to repair 












highway, 


1 


- 


1 


- 


- 


Common seller of liquor, 


5 


5 


- 


- 


- 


Embezzlement, 


1 


1 


- 


- 


- 


Keeping house of ill-fame, • 


1 


- 


- 


- 


1 


Keeping liquor for sale. 


8 


8 


- 


- 


- 


Larceny, 


9 


6 


2 


- 


1 


Larceny, attempt to commit. 


2 


2 


- 


- 


- 


Liquor nuisance, 


21 


20 


- 


1 


- 


Liquor seizure, 


5 


2 


2 


1 


- 


Manslaughter, 


1 


1 


- 


- 


- 


Neglect to repair highway, . 


1 


- 


- 


- 


1 


Nuisance, 


1 


- 


1 


- 


— 


Obstructing a railroad. 


1 


- 


1 


- 


~ 


Obtaining a signature by false pre- 












tences, 


1 


1 


- 


- 


- 


Obtaining goods by false pretences, . 


2 


2 


- 


- 


- 


Perjury, 


1 




- 


- 


- 


Polygamy, 


1 




- 


- 


- 


Rape, 


1 


1 


- 


- 


- 


Rape, being accessary to, . 


1 




- 


- 


- 


Receiving liquor for transportation. 


1 




- 


- 


- 


Receiving stolen goods. 


3 


3 


- 


- 


- 


Selling adulterated milk. 


1 


- 


- 


1 


- 


Selling mortgaged property unlawfully, 


1 


- 


1 


- 


- 


Single sales of liquor, .... 


2 


2 


- 


- 


■ - 


Soliciting insurance without authority, . 


1 


- 


- 


- 


1 


Taking fish unlawfully. 


1 


- 


- 


1 


- 


Totals, 


85 


65 


10 


4 


6 



i 



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'■ • ■ i ■'. '. 



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