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

^1 



ANNUAL REPORT 



ATTORiNEY GENERAL 



FOK THE YEAR ?;NDING 



DECEMBER 31, 1871. 



BOSTON : 

WRIGHT & POTTER, STATE PRINTERS, 
No. 79 Milk Street (corner of Federal".. 

1872 



PUBLIC DOCUMENT No. 12. 



ANNUAL REPORT 



Ty'a^. 



ATTORNEY GENERAL 



FOE THE YEAE ENDLNQ 



DECEMBER 31, 1871 



BOSTON: 

WRIGHT & POTTER, STATE PRINTERS, 
No. 79 Milk Stbeet (coenee of Fedeeal). 

1872. 



Commouroealtl) of il!a00acl)U0ett0* 



Attorney General's Office, ) 

Boston, 30 Court St., January 11, 1872. ) 

To the Jlonorable Speaker of the House of Bepresentatives. 

Sib: — I have the honor to present my Fifth Annual Report. 
During the last year, there have been the following trials for 
murder : — 

1. Indictment in Bristol County against Charles H. Cuffee, 
for the murder of Benjamin Howard. Verdict, guilty of mur- 
der in the first degree. Trial, May 16-18. Questions of law 
were reserved, and overruled on argument before the full court 
in October, and the prisoner sentenced to death. J. Brown 
and W. H. Johnson for the prisoner. District Attorney Mars- 
ton assisted me in the prosecution. 

2. Indictment in Norfolk County against John Moran, for 
the murder of Charles M. Packard. Verdict, guilty of murder 
in the second degree. Sentence, imprisonment in the state 
prison for life. Trial, May 23-25. P. R. Guiney and E. C. 
Bumpus, for the prisoner. District Attorney French assisted 
me in the prosecution, and argued the case to the jury, by my 
request. 

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

3. Indictment in Suffolk County against Thomas Brennan, 
for the murder of his wife. The prisoner appeared to be prob- 
ably insane, and, with my consent, was committed by the court 
to the State Lunatic Hospital at Taunton, before trial, under 
the provisions of Gen. Sts., c. 172, § 14. 



4 ATTORNEY GENERAL'S REPORT. [Jan. 

4. Indictment in Norfolk Connty against Dennis Carney, for 
the murder of his wife. The same disposition was made of this 
case as of the last preceding. 

5. Indictment in Franklin County against Lyman J. White, 
for the murder of Calvin Carter. The prisoner pleaded guilty 
of murder in the second degree, and was sentenced to impris- 
onment in the state prison for life. 

6. Indictment in Plymouth County against James Arm- 
strong, for the murder of Elizabeth Armstrong. The prisoner 
pleaded guilty of manslaughter, and was sentenced to impris- 
onment in the state prison for twenty years. 

The following indictments for murder remain undisposed 
of:— 

1. Indictment in Middlesex County against Thomas Hertz, 
for the murder of Fanny Coultier. 

2. Indictment in Middlesex County against Maria Birming- 
ham, for the murder of an infant child. 

3. Indictment in Middlesex County against Joseph Sullivan, 
for the murder of Henry Talbot. 

4. Indictment in Norfolk County against John Kilday, for 
the murder of Patrick Moran. 

5. Indictment in Norfolk County against David Scannell, for 
the murder of Charles Scannell. 

6. Indictment in Suffolk County against Cornelius Conner,' 
for the murder of David Wilber. 

7. Indictment in Suffolk County against Michael Doyle, for 
the murder of Michael McCarty. 

8. Indictment in Worcester County against Patrick Dumphy, 
for the murder of John Stark. 

In Cuffee's case, tried in Bristol, in May, certain law ques- 
tions were reserved, and it was the opinion of the court that 
they could not properly be heard until the regular law term 
for that county in October. I recommend the passage of a law 
that whenever law questions are saved by exception or report 
in the trial of an indictment for murder, in any county, the 
court may, if they so order, hear the same, either in the 



1872.] PUBLIC DOCUMENT— No. 12. 5 

county where the trial is had, or in Suffolk County, at such 
time as they may appoint. This will put all the counties on 
the same footing, in this respect. 

I also recommend the passage of a law providing that when 
a homicide is committed, a judge of the superior court, upon 
the application of the attorney general, or of the district attor- 
ney for the district, or, in the absence of the latter, of the 
district attorney of any other district, may direct the grand 
jury to be summoned together, on a day to be fixed by him, 
and the grand jury thereupon may proceed to investigate the 
case, and, if they find an indictment for murder, may return it 
into the clerk's office, and the like proceedings shall thereupon 
be had as is now provided by law when indictments for murder 
are returned. 

I also recommend the passage of a law providing tliat two 
justices of the supreme judicial court shall be suflficient to sit 
in the trial of indictments for murder. It was always the case 
in this Commonwealth, till recently, that three justices consti- 
tuted a quorum for the trial of capital causes ; but by the 
passage of St. 1859, c. 196, § 39, requiring a majority of the 
justices to constitute a full court, it became necessary that four 
justices should sit. I am well aware of the advantages which 
result in the trial of indictments for murder from the presence 
of more than one justice. The opportunity for consultation, 
and the gravity and decorum of the proceedings before an 
assembly of justices, arc certainly considerations not to be over- 
looked. To the credit of the bench and bar of the Common- 
wealth, I may be pardoned for saying that in twenty capital 
trials before the jury, during my terra of office, there has never, 
in any instance, been an unpleasant personal discussion, even 
upon questions of evidence; but I think these advantages may 
ordinarily be adequately secured by the presence of two justices. 
The general law of homicide is very well settled. Difficult 
legal questions seldom arise. The prisoner now has the right 
of exception. In cages of great public interest, or where diffi- 
cult questions are anticipated, the justices might and probably 
would organize a court of three or four members. The very 
heavy pressure of judicial duties upon the justices of the 
supreme judicial court is very well known to the bar, and 
especially has been well known for more than ten years by 



6 ATTORNEY GENERAL'S REPORT. [Jan. 

myself, while holding the offices of reporter of decisions and 
attorney general. There is a steady increase of these duties. 
It is not within the proper province of this report to submit 
any general observations upon this subject, outside of what 
pertains to the criminal jurisprudence and the proper and 
economical administration of the criminal law. In view of the 
numerous indictments for murder now pending, and likely to 
be found in the future, (judging by the experience of the past 
few years,) the passage of such a law would afford an appreci- 
able relief to the court. 

I have no further specific recommendations to make in 
regard to our criminal jurisprudence. 

There is some difficulty in the administration of our criminal 
laws, arising from technical objections to indictments. If I 
could persuade myself that, under our constitution, it would 
be competent for the legislature to enact that short forms of in- 
dictments should be sufficient, like those now used in England 
and in some of the states of this Union, in whicli only the 
general and substantial fact is set out, I should not hesitate to 
press earnestly for this, as a much needed measure of law 
reform. But, with my views of the true construction of the 
constitution, this must be left to a constitutional convention. 
In matters of detail, certain improvements may no doubt be 
made from time to time by legislation, some of which I have 
suggested in former reports. 

In taking leave of this office, after a longer time of service 
than any of my recent predecessors, since Ex- Governor Clif- 
ford, it may be suitable to give a brief summary of the prin- 
cipal criminal business which has been under my care. 

There have been twenty trials for murder before the jury. 
In three instances, the jury disagreed ; in two, there was an 
acquittal ; in one other, one of the persons indicted was acquit- 
ted; seven persons were found guilty of manslaughter; six of 
murder in the second degree, and six of murder in the first 
degree. Of the latter six, two were hung ; one committed 
suicide in jail ; and the sentences of three were commuted by 
the governor and council to imprisonment for life. Twenty-five 
other indictments for murder have been disposed of during the 
same time, as follows : in five instances, by plea of guilty of 



1872.] PUBLIC DOCUMENT~No, 12. 7 

murder in the second degree; in seven, by plea of guilty of 
manslaughter ; in five, the prisoner was sent to the hospital be- 
fore trial, as probably insane ; in two, it was deemed advisable 
to substitute indictments for manslaughter, upon which the 
prisoners were tried and convicted ; in five, the prisoners were 
discharged upon their own recognizance, for want of sufficient 
evidence to go to trial upon ; and one prisoner committed sui- 
cide in jail, before trial. Other criminal cases are only under 
the care of the attorney general while law questions arising 
therein are pending in the supreme judicial court, on excep- 
tions, appeal, report, writ of error, habeas corpus, or otherwise. 
Of these there have been four hundred and sixty-three in all, 
(including about four months of my predecessor's time,) two 
hundred and forty of which were cases arising under the liquor 
laws. In three hundred and eighty-eight of the whole number, 
and in two hundred and eighteen of the two hundred and 
forty cases arising under the liquor laws, the decision of the 
supreme judicial court has been in favor of the Commonwealth. 
Cases arising under the liquor laws have received from me, as 
nearly as miglit be. the same attention as other criminal cases ; 
neither more nor less. 

Notwithstanding this considerable number of criminal cases, 
it remains true that the chief labor and care of this office arise 
from the civil business. It is now practically the case that the 
attorney general is the legal adviser not only of the governor 
and council, the treasurer, auditor and secretary of the Com- 
monwealth, but also of the board of state charities, the insur- 
ance commissioner, and indeed all other officers who have 
interests of the Commonwealth intrusted to their charge, with 
no other provision for obtaining legal advice. Besides this, 
the care of public suits in the supreme court of the United 
States at Washington, the large commercial interests of the 
Commonwealth in connection with the Boston, Hartford and 
Erie Railroad, the South Boston flats, the Hoosac Tunnel, the 
Eastern, Norwich and Worcester, and Boston and Albany Rail- 
roads ; the investigation of questions referred to me by the 
legislature, or one branch thereof, of which those relating to 
the Stockbridge Indians, and to the Hutchinson Papers, are 
examples ; the enforcement of the laws, by informations against 
banks, railroad corporations and insurance companies ; and the 



8 ATTORNEY GENERAL'S REPORT. [Jan. 

collection of interest, corporation taxes, penalties, etc. (amount- 
ing in all to $219,172.03, all of which has been accounted for 
to the treasurer of the Commonwealth), have given rise to 
duties of a diversified character. In all of these I have had 
the constant aid of Mr. James C. Davis, the assistant attorney 
general, who has rendered services indispensable to me, and of 
much advantage to the Commonwealth ; and I have never been 
under the necessity of subjecting the Commonwealth to any 
expense for the aid of additional legal counsel in any matter 
intrusted to my official care. 

The bill in equity brought against the Liverpool and London 
Life and Fire Insurance Co., to enforce payment of the tax 
assessed upon them, and carried to the supreme court of the 
United States and argued last winter, as mentioned in my last 
annual report, was decided in favor of the Commonwealth. 

The suit brought by the commissioners on inland fisheries 
against the Holyoke Water Power Co., to compel that com- 
pany to build a dam across the Connecticut River at Holyoke, 
decided in favor of the plaintiffs by our own supreme judicial 
court, and carried by the Water Power Company to the supreme 
court of the United States by a writ of error, has not yet been 
reached for argument in that court. 

In pursuance of the authority given by the Resolve of 1871, 
c. 81, relating to the Hutchinson Papers, I adjusted the con- 
troversy between the Commonwealth and the Massachusetts 
Historical Society, upon the terms therein stated, and Mr. 
Henry Adams was mutually selected as arbitrator to identify 
the documents to be surrendered. I prepared a written state- 
ment on the part of the Commonwealth, and submitted the 
same to him, and a written statement in behalf of the society 
was also submitted. This was done on the 2')th of December, 
and no result has yet been announced. 

Tables are appended, showing the details of the cases which 
have been under my charge for the past year. 

I have the honor to be, 

Very respectfully. 

Your obedient servant, 

CHARLES ALLEN. 



1872.] PUBLIC DOCUMENT— No. 12. 



CASES 

Argued and conducted by the Attorney General from January 1st 
to December 31s/, 1871. 



COUNTY OF BERKSHIRE. 

Commonwealth v. Robert Dougherty. S. J. C. Assault and 
battery. Report Superior Court. Judgment on the verdict. 

Commonwealth v. Robert Dougherty. S. J. C. Assaidt and 
battery. Report S. C. Verdict set aside. 

COUNTY OF BRISTOL. 

Commonwealth v. Charles H. CufFee. S. J. C. Murder. Trial, 
May 16-18, Verdict — guilty of murder in the first degree. Ques- 
tions of law reported. Judgment on the verdict. Sentence — 
death. 

Commonwealth v. Mary Kennedy. S. J. C. Liquor nuisance. 
Exceptions S. C. Exceptions overruled. 

Commonwealth v. Thomas Roach. S. J. C. Assaidt loith a 
dangerous weapon. Exceptions S. C. Exceptions overruled. 

Commonwealth v. Charles Fuchs. S. J, C. Single sale of liquor. 
Exceptions S. C. Exceptions waived. 

Commonwealth v. Certain Intoxicating Liquors (Brown and 
Hayes, claimants). S. J. C. Proceeding for forfeiture. Excep- 
tions S. C. Exceptions overruled. 

COUNTY OF DUKES COUNTY. 

Commonwealth v. Allen Look et at. S. J. C. Taking fish unlaw- 
fully. Report S. C. Not decided. 

Commonwealth v. Matthew Vincent. S. J. C. Taking fish 
unlawfxdhj. Report S. C. Not decided. 

COUNTY OF ESSEX. 

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

Commonwealth v. Burton G. Roberts et al. S. J. C. 3Ian- 
slaughter. Exceptions S. C. Exceptions sustained in part. 



10 ATTORNEY GENERAL'S REPORT. [Jan. 

Common weal til v. James Grady. S. J. C. Keeping liquor for 
sale. Exceptions S. C. Exceptions overruled. 

Commonwealth v. Arthur Robertshaw. S. J. C. Liquor nuis- 
ance. Exceptions S. C. Exceptions overruled. 

Commonwealth v. Young R. Fielding. S. J. C. Common seller 
of liquor. Exceptions S. C. Exceptions overruled. 

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

Commonwealth v. George H. Moulton et al. S. J. C. Threaten- 
ing to accuse of crime. Exceptions S. C. Not decided. 

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

Commonwealth v. Robert Barrett. S. J. C. Leaving the State 
to engage in a fight. Exceptions S. C. Exceptions overruled. 

Commonwealth v. Mary E. Falvey. S. J. C. Maliciouslg kill- 
ing he?is. Exceptions S. C. Not decided. 

Commonwealth v. Certain Intoxicating Liquors (Hugh Owen, 
claimant). S. J. C. Proceediyig for forfeiture. Report S, C. 
Not decided. 

Commonwealth v. John Kane. S. J. C. Assault and battery. 
Exceptions S. C. Exceptions overruled. 

Commonwealth v. George Doe. S. J. C. Liquor nuisance. 
Exceptions S. C. Exceptions overruled. 

Commonwealth v. Henry Martin. S. J. C. Liquor nuisance. 
Exceptions S. C. Exceptions overruled. 

Commonwealth v. John Tobin. S. J. C. Assault upon an officer. 
Exceptions S. C. Exceptions overruled. 

Commonwealth v. David M. Boynton. S. J. C. Assault with a 
dangerous weapon. Exceptions S. C. Exceptions overruled. 

Commonwealth v. Bernard Rowley. S. J. C. Keeping liquor 
for sale. Exceptions S. C. Exceptions waived. 

Commonwealth v. Daniel Carney. S. J. C. Liquor nuisance. 
Exceptions S. C. Exceptions overruled. 

Commonwealth v. Alvah Merrill. S. J. C. Liquor 7iuisance. 
Exceptions S. C. Exceptions overruled. 

Commonwealth v. Dennis Calhane. S. J. C. Single sale of 
liquor. Exceptions S. C. Not decided. 

Commonwealth v. Bartholomew Kevill. S. J. C. Keeping 
liquor for sale. Exceptions S. C. Exceptions overruled. 

Commonwealth v. Andrew J. Walker et al. S. J. C. Con- 
spiracy. Exceptions S. C. Exceptions overruled. 

Commonwealth v. Henry Martin. S. J. C. Liquor nuisance. 
Exceptions S. C. Exceptions overruled. 



1872.] PUBLIC DOCUMENT— No. 12. 11 

Commonwealth v. Patrick S. Callahan. S. J. C. Liquor nuis- 
ance. Excejjtions S. C. Exceptions overruled. 

COUNTY OF FRANKLIN. 

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

Commonwealth v. Lyman J. White. S. J. C. Murder. Plea — 
guilty of murder in the second degree. Sentence — imprisonment 
for life. 

Attorney General u. Proprietors of Deerfield River Bridge. S. J. 
C. Information. Decree for the plaintiiF. 

Commonwealth v. Simeon Canada. S. J. C. Owning and 
keeping an unlicensed dog. Exceptions S. C. Exceptions sus- 
tained. 

Commonwealth v. Henry Wright. S. J. C. Hiotous assembly ^ 
assault^ &c. Exceptions S. C. Exceptions overruled. 

COUNTY OF HAMPDEN. 

Commonwealth v. F. Whitcomb. S. J. C. Obtaining money by > 
false pretences. Exceptions S. C. Exceptions overruled. 

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

Commonwealth v. Simon Pierce. S. J. C. Liquor nuisance. 
Excejjtions S. C. Exceptions overruled. 

Commonwealth v. Certain Intoxicating Liquors (Daniel 
McCauley, claimant). S. J. C. Proceeding for forfeiture. Re- 
port S. C. Report dismissed. 

Commonwealth v. Ezekiel Adams. S. J. C. Common seller of 
liquor. Exceptions S. C. Exceptions waived. 

Commonwealth y. Thomas Maroney. S. J. C. Liquor nuisance. 
Exceptions S. C. Exceptions overruled. 

Commonwealth v. George E. Dorman et al. S. J. C. Burglary. 
Exceptions S. C. Exceptions waived. 

COUNTY OF HAMPSHIEE. 

Commonwealth v. Joseph Bakenian. S. J. C. Attempting to 
obstruct a railroad. ExcejDtions S. C. Exceptions overruled. 

Commonwealth u. James Irwin. S. J. C. Larceny. Exceptions 
S. C. Exceptions overruled. 

Commonwealth v. James Halloran. S. J. C. Obtaining money 
by false pretences. Exceptions S. C. Exceptions overruled. 

Commonwealth v. Patrick Cahill. S. J. C. Keeping liquor for 
sale. Exceptions S. C. Exceptions overruled. 



12 ATTORNEY GENERAL'S REPORT. [Jan. 

Commonwealth v. Certain Intoxicating Liquors (George B. 
Lyman, claimant). S. J. C. Proceeding for forfeiture. Excep- 
tions S. C. Not decided. 

Commonwealth v. Certain Intoxicating Liquors (M. H. Tuttle 
et al. claimants). Proceeding for forfeiture. Exceptions S. C. 
Exceptions sustained as to the verdict ; other exceptions over- 
ruled. 

COUNTY OF MIDDLESEX. 

Commonwealth v. Andrew Donnelly. S. J. C. Murder. De- 
fendant still in lunatic hospital. 

Commonwealth v. Thomas Hertz. S. J. C. Murder. Not yet 
tried. 

Commonwealth v. Maria Birmingham, alias Barmingham.. S. J. 
C. Murder. Not yet tried. 

Commonwealth v. Joseph Sullivan, S. J. C. Murder. Not 
yet ti'ied. 

Commonwealth v. Thomas Fagan, et al. S. J. C. Robbery. 
Exceptions S. C. Exceptions sustained. 

Commonwealth n. James Connolly. S. J. C. Assault upon 
officer. Exceptions S. C. Exceptions overruled. 

Attorney General v. Benjamin F. Woods. S. J. C. Inforvxa- 
tion to restrain building of dam. Not decided. 

Commonwealth v. Melvin E. Dam. S. J. C. House of ill-fame. 
Exceptions S. C. Exceptions overruled. 

Commonwealth v. Inhabitants of Holliston. S. J. C. Pefective 
highioay. Exceptions S. C. Exceptions overruled. 

Commonwealth v. John O'Brien et al. S. J. C. Assaidt and 
battery. Exceptions S. C. Exceptions overruled. 

Commonwealth v. Inhabitants of Sudbury. S. J. C. Contract^ 
to recover for siqyport of pauper. Appeal S. C. Judgment for the 
defendants. 

Commonwealth v. Sarah J. Blaisdell. S. J. C. Nuisance. Ex- 
ceptions S. C. Exceptions overruled. 

Willard Drury et al., Trustees v. Inhabitants of Natick et al. 
Bill in equity by trustees under vnll^for instructions. Final decree 
entered, granting instructions. 

Attorney General v. Edmund Rice et cd. S. J. C. Information, 
for inju7iction. Decree for temporary injunction. 

Attorney General v. John W. Hollis et cd. S. J. C. Informa- 
tion, for injunctio7i. Not yet heard. 

Nathan Tufts, Jr. et al. v. City of Charlestown et al. S. J. C. 
Petition for appointment of commissioners. Not yet heard. 



1872.] PUBLIC DOCUMENT— No. 12. 13 

Commonwealth v. Julius Smith. S. J. C. Larceny in a build- 
ing. RejDort S. C. Judgment on the verdict. 

Commonwealth v. Sophia C. Thompson et al. S. J. C. Abor- 
tion. Exceptions S. C. Not decided. 

Commonwealth v. "William P. Bearse, S. J. C. Mixing 2^oison 
with food. Exceptions S. C. Not decided. 

COUNTY OF NORFOLK. 

Commonwealth v. John Moran. S. J. C. Murder. Trial May 
23-25. Verdict — guilty of murder in the second degree. Excep- 
tions taken and overruled. Sentence — imprisonment for life. 

Commonwealth y. Dennis Carney. S. J. C. Murder. Defend- 
ant committed to lunatic hospital. 

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

Commonwealth v. David Scannell. 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. Philip P. Conneally. S.J. C. Liquor nuisance. 
Exceptions S. C. Exceptions overruled. 

Commonwealth v. William "Woolford. S. J. C. Liquor nuisance. 
Appeal S. C. Judgment on the verdict. 

Commonwealth v. Patrick Maguire. S. J. C. Receining stolen 
goods. Exceptions S. C. Exceptions overruled. 

COUNTY OF PLYMOUTH. 

Commonwealth v. James Armstrong. S. J. C. Murder. Plea — 
guilty of manslaughter. Sentence — twenty years' imprisonment. 

Commonwealth y. Dennis Monnahan. S. J. C. Liquor nuisance. 
Exceptions S. C. Exceptions overruled. 

Commonwealth v. John Sexton. S. J. C. Liquor nuisance. 
Exceptions S. C. Exceptions waived. 

COUNTY OF SUFFOLK. 

Commonwealth v. Thomas Branning, alias Thomas Brennan. 
S. J. C. Murder. Defendant committed to lunatic hospital. 

Commonwealth v. Cornelius Conner, alias Cornelius Connors. 
S. J. C. Murder. Not yet tried. 

Commonwealth v. Michael Doyle. S. J. C. Murder. Not yet 
tried. 

Henry K. Oliver, Treasurer v. Liverpool and London Life and 
Fire Insurance Company. S. J. C. Petition for injunction. De- 
cree for complainant affirmed by U. S. Supreme Court. 



14 ATTORNEY GENERAL'S REPORT. [Jan. 

Four Farm Oil Comi^any, Petitioners, &c. S. J. C. Petition 
for dissolution of corporation. Not yet tried. 

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

Commonwealth v. William H. Gardiner. S. J. C. Informa- 
tion. Not yet tried. 

Attorney General v. Tudor Ice Company. S.J. C. Information. 
Information dismissed. 

Commonwealth v. Josephine Howard et al. S. J. C. larceny 
from the person. Exceptions S. C. Exceptions overruled. 

Theodore Lyman et al., Commissioners on Inland Fisheries v. 
Holyoke Water Power Company. S. J. C. Information. Con- 
tinued, to wait decision of the U. S. Supreme Court on writ 
of error. 

Attorney General v. Wheeler Metal Forging Company. S. J. C. 
Information., for tax. Temporary injunction still in force. 

Thomas Leslie v. Commonwealth. S. J. C. Error to Trial 
Justice. Writ dismissed. 

Attorney General y. Adams Mining Company. Same v. Kear- 
sarge Mining Company. Same v. Ossipee Mining Company. Same 
w. South Pewabic Copper Company. S. J. C. Informations., for 
tax. Temporary injunctions still in force. 

Commonwealth v. Eastern Railroad Company. S. C. Tort., for 
penalty tinder St. 1868, c. 89. Judgment for plaintiff. 

Commonwealth v. City of Lynn. S. C. Contract, to recover for 
support of pauper. Judgment for plaintiff. 

Commonwealth v. Eastern Railroad Com2:»any. S. J. C. Con- 
tract, on bond. Not yet tried. 

Commonwealth v. Norwich and Worcester Railroad Company. 
S. J. C. Contract, on bond. Not yet tried. 

Commonwealth, by Insurance Commissioner, v. Monitor Mutual 
Fire Insurance Company. S. J. C. Petition for injunction. In- 
junction issued and receiver appointed. 

Commonwealth v. Luke Hennessey. S. J. C, Keeping liquor for 
sale. Exceptions S. C. Exceptions overruled. 

Commonwealth y. Thomas Ackland. S. J. C. Liquor nuisance. 
Exceptions S. C. Exceptions overruled. 

Commonwealth v. Dennis O'Connor. S. J. C. Adultery. Ex- 
ceptions S. C. Exceptions sustained. 

Commonwealth v. Charles H. Hatfield. S. J. C. Perjury. 
Exceptions S. C. "Exceptions overruled. 

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



1872.] PUBLIC DOCUMENT— No. 12. 15 

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

Commonwealth v. Thomas Limerick et al. S. J. C. Liquor 
nuisance. Exceptions S. C, Exceptions overruled. 

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

Commonwealth v. William R. Foster. S. J. C. JEmhezzlement. 
Exceptions S. C. Exceptions overruled. 

Commonwealth v. John Lee. S. J. C. Attempt to rescue a pris- 
oner. Exceptions S. C. Exceptions overruled. 

Thomas McLaughlin v. Gideon Haynes. S. J. C. Habeas cor- 
pus. Prisoner remanded. 

Thomas McLaughlin v. Commonwealth. S. J. C. Error to S. C. 
Writ not entered. 

Commonwealth v. Silas Chamberlain et al. Forgery. Excep- 
tions S. C. Exceptions overruled. 

Commonwealth v. James Donahue. S. J. C. Receiving stolen 
goods. Exceptions S, C. Exceptions overruled. 

Commonwealth v. John McGowan. S. J. C. Keeping liquor for 
sale. Exceptions S. C. Exceptions overruled. 

Commonwealth v. James Hayes et al. S. J. C. Burglary. Ex- 
ceptions S. C. Exceptions overruled. 

Commonwealth v. Albert Morgan. S. J. C. Libel. Exceptions 
S. C. Exceptions overruled. 

Commonwealth v. Mary Dwinells et al. S. J. C. Contract^ on 
recognizance. Exceptions S. C. Demurrer sustained. 

Commonwealth v. James Noonan et al. S. J. C. Robbery. 
Exceptions S. C. Exceptions overruled. 

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

Commonwealth v. Elisha W. Haynes, Jr. S. J. C. Selling 
adulterated milk. Exceptions S. C. Exceptions overruled. 

Commonwealth v. James C. Chesley. S. J. C. Obtaining goods 
by false pretences. Exceptions S. C. Exceptions overruled. 

Commonwealth v. Certain Intoxicating Liquors (John Cahill, 
claimant). Proceeding for forfeiture. Exceptions S. C. Excep- 
tions overruled. 

Commonwealth v. Michael Sullivan. S. J. C. Maliciously injur- 
ing personal p>rop>erty. Exceptions S. C. Exceptions overruled. 

Commonwealth v. Metropolitan Railroad Company. S. J. C. 
Causing death by negligence. Exceptions S. C. Exceptions over- 
ruled. 



16 ATTORNEY GENERAL'S REPORT. [Jan. 

Attorney General, Petitioner, &c. S. J. C. Petition for ap- 
point^nent of Comniissioyiers as to Charles River and Warren 
JBi'idges. Award of commissioners accepted. 

Commonwealth v. Mary Gilligan. S. J. C. Larceny. Excep- 
tions S. C. Exceptions overruled. 

Commonwealth v. Patrick Gilligan. S. J. C. Meceiving stolen 
goods. Exceptions S. C. Exceptions overruled. 

First National Bank of Norwich, Connecticut, v. City of Boston 
et al. S. J. C. JBill in equity for injunction against collection 
of tax. Demurrer to bill sustained. 

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

Attorney General v. Harbor Improvement Company. S. J. C. 
Information, for tax. Tax and costs collected, and information 
withdrawn. 

Attorney General v. Massachusetts Glass Company. S. J. C. 
I formation, for tax. Respondent corporation adjudged bankrupt, 
and information withdrawn. 

Attorney General v. New England Chemical Fire Engine Com- 
pany. S. J. C. Information, for tax. Injunction issued. Tax 
and costs paid and information dismissed. 

Attorney General v. New England Spring Bed Company. S. J. C. 
Information, for tax. Tax and costs paid, and information with- 
drawn. 

Maurice Morey v. Commonwealth. S, J. C. Error to S. C. 
Judgment affirmed. 

Commonwealth v. Thomas Battline. S. J. C. larceny in a 
building. Exceptions S. C. Conviction to stand for simple larceny 
only. 

Commonwealth v. Charles P. Brigham. S. J. C. Cruelty to a 
horse. Exceptions S. C. Exceptions overruled. 

Commonwealth v. James H. Finn. S. J. C, Bobbery. Excej)- 
tions S. C. Exceptions overruled. 

Commonwealth v. George Caldwell. S. J. C. Defacing a dioell- 
ing-house. Exceptions S. C. Exceptions overruled. 

William W. Goddard v. City of Boston et al. S. J. C. Bill in 
equity. Not yet heard. 

John Donahue v. Commonwealth. S. J. C. Error to S. C. Not 
yet argued. 

Commonwealth v. John B. Carey. S. J. C. Keeping liquor for 
sale. Exceptions S. C. Exceptions overruled. 



1872.] PUBLIC DOCUMENT— No. 12. 17 

Commonwealth v. John R. Hazeltine. S. J. C. Liquor nuisance. 
Exceptions S. C. Exceptions overruled. 

Commonwealth v. Frederic Lockwood. S. J. C. Obtaining 
goods hy false pretences. Exceptions S. C. Exceptions waived. 

Attorney General v. John M. Clark. S. J. C. Petition for 
mandamus. Alternative mandamus issued. 

Commonwealth v. Moses Kimball. S. J. C. Perjury. Report 
S. C. Not decided. 

Commonwealth v. Martin King. S. J. C. Liquor nuisance. 
Exceptions S. C. Exceptions overruled. 

John S. Kenney v. Charles H. Davis. S. J. C. Habeas corpus. 
Petition dismissed. 

Louisa J. Stone v. Marcus Ames. S. J. C. Habeas corpus. 
Prisoner discharged. 

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

Commonwealth v. Michael Winton et al. S. J. C. Assault and 
battery. Exceptions S. C. Exceptions overruled. 

Commonwealth v. Lawrence Finnegan et al. S. J. C. Robbery. 
Exceptions S. C. Exceptions overruled. 

Commonwealth v. Elisha W. Haynes, Jr. S. J. C. Selling adul' 
terated milk. Report S. C. Judgment on the verdict. 

Commonwealth v. Gottlieb R. Reichert. S. J. C. Liquor 
nuisance. Exceptions S. C. Exceptions overruled. 

Commonwealth v. Patrick Gallagher. S. J. C. Single sale 
of liquor. Exceptions S. C. Exceptions overruled. 

Commonwealth v. Charles H. Dorus, alias Jack Straw. S. J. C. 
Threatening to accuse of crime. Exceptions S. C. Not decided. 

First National Bank of Norwich, Connecticut, v. Frederic U. 
Tracy. S. C. Tort^ to recover tax paid on bank stock. Not yet 
tried. 

Commonwealth v. Michael McLaughlin. S. J. C. Conveying 
liquor for sale. Exceptions S. C. Exceptions overruled. 

Commonwealth v. William J. Crocker. S. J. C. Burglary. 
Report S. C. Judgment on the verdict. 

Commonwealth v. Hugh McAfee. S. J. C. Manslaughter. Ex- 
ceptions S. C. Exceptions overruled. 

Commonwealth, by Insurance Commissioner, v. Hide and Leather 
Insurance Company. S. J. C. Petition for injunction. Injunction 
issued and receivers appointed. 

Commonwealth, by Insurance Commissioner, v. New England 
Mutual Marine Insurance Company. S. J. C. Petition for injunc- 
tion. Injunction issued and receivers appointed. 
3 



18 ATTORNEY GENERAL'S REPORT. [Jan. 

Commonwealth, by Insurance Commissioner, v. Independent In- 
surance Company. S. J. C. Petition for injunction. Injunction 
issued and receivers appointed. 

Commonwealth v. William H. Brooks. S. J. C. Violating city 
ordinance. Report tS. C. Not yet argued. 

Daniel Collins, Petitioner, &c. S. J. C. Petition for a writ 
of habeas corpus. Petition dismissed. 

George G. Batchelder v. The Commonwealth. S. J. C. Error to 
S. C. Not yet argued. 

Commonwealth v. Thomas Wood, alias Thomas Powers. S. J. C. 
Larceny from the person. Exceptions S. C. Not yet argued. 

Commonwealth v. William J. Sutherland. S. J. C. -Receiving 
stolen goods. Exceptions S. C. Not yet argued. 

Attorney General v. Boston and Maine Railroad. S. J. C. In- 
formation, for injunction. Information dismissed. 

Henry Clay Coal Company, Petitioners, &c. S. J. C. Petition 
for reduction of capital stock. Not opposed. 

COUNTY OF WORCESTER. 

Commonwealth v. Patrick Dumphy alias Patrick Dunvy. S. J. 
C. Murder. Not yet tried. 

Commonwealth v. John C. Dennis. S. J. C. Attempt to com- 
mit suicide. Exceptions S. C. Exceptions sustained. 

Commonwealth v. George R. Wetherbee. S. J. C. Soliciting 
insurance without authority. Exceptions S. C. Exceptions over- 
ruled. 

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

Commonwealth v. Patrick Collins et al. S. J. C. Assaidt upon 
an officer. Exceptions S. C. Exceptions waived. 

Commonwealth v. Lafayette Carpenter. S. J. C. Threatening 
to accuse of crime. Exceptions S. C. Exceptions oveiTuled. 

Commonwealth v. John C. Bennett. Commonwealth v. same. 
S. J. C. Liquor nuisance. Exceptions S. C. Exceptions over- 
ruled. 

Commonwealth v. John C. Bennett. Keeping liquor for *sale. 
Exceptions S. C. Exceptions overruled. 

Commonwealth v. Certain Intoxicating Liquoi's (Smith Navin, 
claimant). S. J. C. Proceeding for forfeiture. Report S. C. 
Report dismissed. 

Commonwealth v. Samuel Perris et al. S. J. C. Breaking and 
entering. Exceptions S. C. Exceptions sustained. 



1872.] PUBLIC DOCUMENT— No. 12. 19 

Commonwealth v. Sullivan Moore. S. J. C. Liquor nuisance. 
Exceptions S. C. Exceptions waived. 

Commonwealth v. Samuel Cheney et al. S. J. C. Contract, on 
recognizance. Exceptions S. C. Exceptions overruled. 

Commonwealth v. Charles H. Whitney. S. J. C. Liquor nuis- 
ance. Exceptions S. C. Exceptions overruled. 

Commonwealth v. Vermont and Massachusetts Railroad Com- 
pany. S. J. C. Causing death by negligence. Exceptions ' S. C. 
Not decided. 

Commonwealth v. William Wallace. S. J. C. Concealing mort- 
gaged personal projoerty. Exceptions S. C. Exceptions overruled. 

Commonwealth v. Michael O'Driscoll. S.J. C. Liqxior nuisance. 
Exceptions S. C. Exceptions waived. 

Commonwealth v. Certain Intoxicating Liquors (Michael O'Dris- 
coll, claimant). S. J. C. Proceeding for forfeiture. Exceptions 
S. C. Exceptions overruled. 

Commonwealth v. Ira P. Bacon. S. .1. C. LAquor nuisance. 
Exceptions S. C. Exceptions sustained. 

Commonwealth v. Nellie Carter. S. J. C. Vagrancy. Excep- 
tions S. C. Exceptions overruled. 

SUPREME COURT OF THE UNITED STATES. 

Liverpool and London Life and Fire Insurance Company v. 
Henry K. Oliver, Treasurer. Error to S. J. C. Judgment of 
Supreme Judicial Court affirmed. 

Holyoke Water Power Company v. Theodore Lyman et al.., Com- 
missioners on Inland Fisheries. Error to 8. J. C. Not yet 
argued. 

CIRCUIT COURT OF "THE UNITED STATES, MASSACHUSETTS DISTRICT. 

Thomas Baring et al. v. Charles S. Bradley et al. .Bill of Lnter- 
pleader. Answer filed on behalf of the Commonwealth. Not yet 
heard. 

DISTRICT COURT OF THE UNITED STATES, MASSACHUSETTS DISTRICT. 

Metallic Compression Casting Company, in bankruptcy. Claim 
for tax. Tax collected. 

Massachusetts Glass Company, in bankruptcy. Claim for tax. 
Claim proved. 



20 



ATTORNEY GENERAL'S REPORT. 



[Jan. 



TABLE 

Showing- the Number of Criminal Cases pending" on Questions 
of Laiu in the Supreme Judicial Court during the pear 1871, 
and the disposition thereof by Counties. 



C OU NTIES. 



H 




a 




■« 




o 




♦-' 




•^ 




O 




^ 


ja 


o 














a 




s 


o 


a 






ua 


BC 


& 






^ 


a 


« 


a 
o 


a 




•a 


^ 


•d 


£ 
o 


•a 




■a 


c 


■a 


s 




a> 


B 


o 


£f 


•o 


P 









<) 





Berkshire, 
Bristol, . 
Dukes, 
Essex, 
Franklin, 
Hampden, . 
Hampshire, 
Middlesex, 
Norfolk, . 
Plymouth, 
Suffolk, . 
Worcester, 
Totals, 



2 

5 

2 

23 

2 

7 

6 

9 

4 

2 

47 

18 



127 



1 
5 

18 

1 

7 

4 

6 

4 

2 

40 

14 

102 



1 


- 


_ 


2 


1 


4 


1 


- 


1 


1 


1 


2 


2 


2 


3 


1 


10 


12 



1872.] 



PUBLIC DOCUMENT— No. 12. 



a 



TABLE 



Showing the Number and Character of Criminal Cases pend- 
ing on Questions of Law in the Supreme Judicial Court 
during the year 1871, and the disposition thereof. 



OFFENCES. 





, 




4.* 




S 

o 


a 


!». 




O 


^ 


^^ 








O 

a 


c 


Si 

X. 5 


a 1 
1 ^ 


•a 

s 


& -3 


" c 
o 


•o 


o. 


t I 


■a E 


•o .S 


09 


•a S 


■a S 














s a 


8 5 


Ef ■§ 


O 


Q 


» 


•«s 



Abortion, 


1 


_ 


_ 


1 


_ 


Adultery, 


1 


- 


1 


- 


. - 


Assault and battery, .... 


5 


4 


1 


- 


- 


Assault upon an officer. 


3 


3 


- 


- 


- 


Assault with a dangerous weapon, 


2 


2 


- 


- 


- 


Attempt to commit suicide. 


1 


- 


1 


- 


- 


Attempt to obstruct a railroad, . 


1 


1 


- 


- 


- 


Attempt to rescue a prisoner, 


1 


1 


- 


- 


- 


Burglary, 


4 


3 


1 


- 


- 


Causing death by negligence, 


2 


1 


- 


1 


- 


Common seller of liquor, . 


2 


2 


- 


- 


- 


Concealing mortgaged personal prop- 












erty, 


1 


1 


- 


~ 


- 


Conspiracy, 


1 


1 


- 


- 


- 


Conveying liquor for sale, . 


1 


1 


- 


- 


- 


Cruelty to a horse, .... 


1 


1 


- 


- 


- 


Defacing a dwelling-house, . 


1 


1 


- 


- 


- 


Embezzlement, 


1 


1 


- 


- 


- 


Forgery, 


1 


1 


- 


- 


- 


Keeping house of ill-fame, . 


1 


1 


- 


- 


- 


Keeping liquor for sale. 


9 


9 


- 


- 


- 


Larceny, 


6 


4 


1 


- 


1 


Leaving the State to engage in a fight. 


1 


1 


- 


- 


- 


Libel, 


1 


1 


- 


- 


- 


Liquor nuisance, . . . . 


32 


31 


1 


- 


- 



22 



ATTORNEY GENERAL'S REPORT. [Jan. '72. 



Number and Character of Criminal Cases — Continued. 



OFFKNCES. 


a 

a 
o. 

1 


k 

o 
O 
o 

a -3 
s a 


si 

o 

■2 a 

■o s 

T! O 
S O 

Q 


o 

c 

♦J 

3 

"t "2 
3 '3 

< 


3 
0) 

o 


Liquor seizure, 


8 


5 


1 


2 


- 


Malicious injury to personal property, 


1 


1 


- 


- 


- 


Maliciously killing hens. 


1 


~ 


- 


1 


- 


Manslaughter, 


• 2 


1 


1 


- 


- 


Mixing poison with food, . 


1 


- 


- 


1 


- 


Murder, 


2 


2 


- 


- 


- 


Neglect to repair highway, . 


1 


1 


- 


- 


- 


Nuisance, 


2 


2 


~ 


- 


- 


Obtaining property by false pretences. 


4 


4 


- 


- 


- 


Owning and keeping an unlicensed 








. 




dog, 


1 


- 


1 


- 


- 


Perjury, 


2 


1 




1 


- 


Receiving stolen goods, 


4 


3 


- 


- 


1 


Riotous assembly, .... 


1 


1 


- 


- 


- 


Robbery, 


4 


3 


1 


- 


- 


Selling adulterated milk, . 


2 


2 


- 


- 


- 


Single sales of liquor, . 


3 


2. 


- 


1 




Soliciting insurance without authority. 


1 


1 


- 


- 


- 


Taking fish unlawfully. 


2 


- 


- 


2 


- 


Threatening to accuse of crime, 


3 


1 


- 


2 


- 


Vagrancy, 


1 


1 


- 


- 


- 


Violating city ordinance, . 


1 


- 


- 


- 


1 


Totals, 


127 


102 


10 


12 


3 



k 



■V.I-U 



'Vtli^ 



)'^^-:-\ ri.ivf,? 



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