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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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