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ANNUAL REPORT
ATTORNEY-GENERAL
Year ending December 31, 1874.
BOSTON:
WRIGHT & POTTER, STATE PRINTERS,
79 Milk Stkeet (coknek of Fedekal).
1875.
PUBLIC DOCUMENT No. 12.
ANNUAL REPORT
ATTORNEY-GENERAL
Year ending December 31, 1874.
BOSTON:
WRIGHT & POTTER, STATE PRINTERS,
79 Milk Street (corner of Federal).
1875.
€ominoniocaltl) of illassacljusctto.
Attorney-General's Office,
Boston, 7 Court Square, Jan. 30, 1875.
Hon. John E. Sanford, Speaker of the House of Representatives.
Sir : — I have the honor herewith to transmit ray Annual
Report to the legislature, for the year ending Dec. 31, 1874.
I am, very respectfully.
Your ob't serv't,
CHAS. R. TRAIN.
€ommDnu3caltl) of inas0afl)xi0ctt0.
Attorney-General's Office, )
Boston, 7 Court Square, Jan. 30, 1875. 5
To THE Honorable the Speaker of the House of Representatives :
In compliance with section 23 of chapter 14 of the General
Statutes, I submit to the legislature my Report for the year
ending December 31, 1874.
I have during the year advised the various officers and
departments of the government, giving written opinions
when requested. '
The number of applications for requisitions upon the exec-
utives of other States for the return of fugitives from justice
has been twenty- four ; the number granted, twenty-two ; the
number refused, two ; the number of criminals returned under
requisitions for trial, ten. The number of requisitions from
other States upon the executive of this Commonwealth, four-
teen ; the number granted, nine ; the number refused, five.
The whole expense incurred in the return of fugitives from
justice, as I am informed by the auditor of the Common-
wealth, is $509.38. The whole number of cases in the courts
of the Commonwealth w^iich have required my personal
attention is two hundred and sixteen, classified as follows : —
Indictments for capital crimes, . . . . . . .20
Exceptions, appeals, and reports in criminal cases, . . .93
Informations upon the relation of the insurance commissioner, . 37
Informations upon the relation of the harbor commissioners, . 7
Informations upon the relation of the raih'oad commissioners, . 3
Informations upon tlie relation of the tax commissioner, . . 22
Miscellaneous, .......... 34
6 ATTORNEY-GENERAL'S REPORT. [Jan.
The foreofoino; classification does not include cases in which
I appear as public prosecutor, in the enforcement and regu-
lation of public trusts and charities, which are ordinarily con-
ducted by private counsel ; my duties in relation thereto
being confined to an investigation of the facts and law, the
signing of the necessary information, bill in equity, or other
process, and the consideration of and assent to a final decree
of the court, when the same becomes necessary ; but such
cases are not ordinarily docketed in this office.
During the year I have personally attended to the trial and
disposition of the following indictments for murder, in the
supreme judicial court.
In the CoimTY of Suffolk.
1. An indictment against James D wight for the murder of
William G. McLaughlin, by shooting with a pistol. Trial
May 18, 1874, before Justices Gray and Endicott. Defence,
insanity, induced by prolonged intoxication. Verdict, guilty
of murder in the second degree. Sentence, imprisonment in
the state prison for life. Messrs. Isaac S. Morse and C. E.
Sweeney, counsel for the prisoner. District-Attorney May
assisted me in the prosecution.
2. An indictment against John Barry for the murder of
Lawrence Norton with a knife. I accepted a plea of guilty
of manslaughter, and, on the 25th of April, 1874, Barry
was sentenced to imprisonment in the state prison for the
term of ten years. James M. Keith, Esquire, counsel for the
prisoner.
3. An indictment against Jesse Harding Pomroy, for the
murder of Horace H. Millen, by wounds inflicted with a
knife. The first indictment in this case, being defective, was
nol. pros' d and a second was returned, which was certi-
' fied into the supreme judicial court, on the 15th of May last.
The youth of the prisoner, the atrocious character of other
crimes he was known to have committed, and the fact that I
knew the defence was to be placed on the ground of insanity,
induced mc to postpone the trial until ample time could be
had for investigation into his mental condition. The indict-
ment was tried before Justices Gray and Morton, on the first
three days of December last, and resulted in a verdict of
1875.] PUBLIC DOCUMENT— No. 12. 7
guilty of murcler in tlie first degree. Exceptions were taken
to some of tlie rulings of the court during the trial, which
have not yet been argued, but which, I expect, will be dis-
posed of during the present month. The defence was con-
ducted by Charles Robinson, Jr., and J. II. Cotton, Esquires.
District-Attorney May assisted me in the prosecution.
4. An indictment against Pomroy, for the murder of
Catharine M. Curran, was returned by the grand jury, in
September last, which is still pending, to await the disposi-
tion of the first indictment.
5. An indictment against Charles H. Sholes, for the mur-
der of a male child, with which one Sarah E. Brown was
pregnant. This indictment was certified into the supreme
judicial court, on the 22d day of December, 1873, and the
prisoner returned from Canada upon a warrant of extradition.
He was kept in confinement until the 28th of September last,
when, for want of any evidence which seemed to justify
me in putting Sholes upon his trial, I nol. j^ros'd the
indictment.
6. An indictment against Thomas Cahill, for the murder of
Bridget Landergan. This indictment was certified into the
supreme judicial court, on the 18th of November last, and
is assigned for trial on the 23d day of February next.
7. An indictment against Daniel Friel, for the murder of
Peter Smith. This indictment was certified into the supreme
judicial court, on the 16th day of December, 1874, and is
assigned for trial on the 23d day of February next.
8. An indictment against Michael Harris, for the murder
of his wife, Catharine Harris. This indictment was certified
into the supreme judicial court, on the 21st day of Decem-
ber, 1874, and is assigned for trial on the 23d day of Feb-
ruary next.
9. An indictment against John W. Homer, George H.
Nobles and John B. McCoole, for the murder of Eunice
McCoole, by some means unknown. There being no evidence
sufiicient in my judgment to justify putting the defendants to
trial, on the 14th day of January, 1874, they were discharged,
each on his own recognizance. Max Fischacher, Esquire,
counsel for the prisoners.
8 ATTORNEY-GENERAL'S REPORT. [Jan.
Plymouth County.
10. An indictment against William E. Sturtivant, of Han-
son, for the murder of Simeon Stnrtivant, with a wooden
cart-stake. Trial was had before Justices Wells and Ames,
commencing on the 29th day of June, and terminating on the
night of the 3d day of July. I believe this to have been one
of the most atrocious crimes ever committed within this
Commonwealth, the motive being plunder, and resulting in
the murder of three persons, Simeon Sturtivant and Thomas
Sturtivant, who were old men, and uncles of the prisoner,
and of Mary Buddy, their housekeeper. The defence was
a general denial. The jury found the defendant guilty of
murder in the first degree. Exceptions were taken to rulings
of the court at the trial, which were argued at the November
sitting of the court in Suffolk County, but no decision
has been rendered at this date. J. B. Harris and J. E.
Keith, Esquires, counsel for the prisoner. On account of
the illness of the senior counsel, Mr. J. B. Harris, the
exceptions were argued by the Hon.-B. W. Harris, M. C.
District- Attorney French assisted me in the prosecution.
Hampden County.
11. An indictment against James Moran, Daniel O'Connor,
and Patrick Leehy, for the murder of Stephen F. Lambert,
with a stone. The parties were all more or less intoxicated,
at the time the offence was committed, and it became neces-
sary for the government to use O'Connor and Leehy as wit-
nesses. Moran tendered a plea of guilty of murder in the
second degree, which I accepted, and on the 24th day of
September, 1874, he was sentenced to imprisonment for life.
The indictment, as against O'Connor and Leehy, was nol.
pros'd. George D. Robinson, Esquire, counsel for Moran.
Wokcester County.
12. An indictment against Robert Templeman, of Dudley,
for the murder of his wife, Ellen A. Templeman, with a pistol.
Templeman was addicted to excessive intemperance, and I
became satisfied that at the time of the homicide, his mind
was so impaired, that I ought not to ask for a conviction for
murder, with premeditated malice aforethought, and therefore
1875.] PUBLIC DOCUMENT— No. 12. 9
accepted a plea of guilty of murder in the second degree,
and on the 29th day of September, 1874, he was sentenced
to imprisonment in the state prison for life. F. P. Gould-
ing, Esquire, appeared as his counsel.
County of Norfolk.
13. An indictment against James H. Costley, for the mur-
der of Julia Hawkes, at East Braintree, on the loth of May,
1874. Trial before Justices Wells and Devens, commencing
December 28th, and occupying six entire days. Defence, a
general denial. Verdict, guilty of murder in the first degree.
Exceptions were taken to some of the rulings of the court,
which have not yet been argued. Baylies Sauford and Horace
R. Cheney, Esquires, for the defence. District-Attorney
French assisted me in the prosecution.
Middlesex County.
14. An indictment against Samuel W. Hildreth, for the mur-
der of Oliver F. Daland. The parties were paupers, and the
homicide was committed in the Almshouse of Westford. I
accepted a plea of guilty of murder in the second degree, and
on the twenty-first day of April, 1874, Hildreth was sentenced
to imprisonment for life. John F. McEvoy and F. T.
Greenhalge, counsel for the prisoner.
I respectfully renew my recommendation of previous years,
that the law should be so amended as to give the Common-
wealth the same right of challenge as is given to the prisoner.
My recommendation was partially adopted by the legislature
of 1873, in the passage of chapter 319 of the Acts of that year,
and experience under that Act has fully justified this legislation.
In my annual report for the year 1872, after recapitulating
the rights secured by law, to a party indicted for a capital
crime, and which need not be repeated here, I had the honor to
say that, "it would seem as if humanity had exhausted its in-
genuity in devising safeguards against the improper con-
viction of a party charged with a capital crime."
The object of this right of challenge is apparently misunder-
stood. Its object is not thereby to keep ofi" the panel, those
who mny not stand indifferent in the cause, or who may have
such opinions as would preclude them from finding a true
2
10 ATTORNEY-GENERAL'S REPORT. [Jan.
verdict. This olvject is accomplished by the right of challenge
for cause, and by the provisions of the General Statutes, cap,
132, sect. 29, and cap. 172, sect. 5 ; but the statute right of
challenge to which I now refer, is given solely for the pur-
pose of enabling a jury to be selected, which shall be intelli-
gent and conscientious. If I am correct in this view, the
same right should be accorded to the Commonwealth in this
regard, which is accorded to the prisoner. In trials for capi-
tal crimes, the first effort of the defence is to secure a jury of
weak men, and the law now aids this effort, by giving the
prisoner twenty-three challenges, while the Commonwealth
has but ten, the odds in favor of the prisoner thus being more
than two to one. In my judgment, this is a great wrong to
the innocent members of the community. While I would
not withdraw from a prisoner a single safeguard which he
now enjoys, I insist that the law should afford the public
prosecutor every facility by which an intelligent and con-
scientious jury may be obtained. The object of the law is
to protect the innocent by punishing the guilty ; the object of
punishment is, by example, to deter others from the com-
mission of crime. I regard the acquittal of a guilty party as
a greater wrong to society than the crime itself; in any such
acquittal the law has failed of its purpose, and the security of
every life in the community has been diminished.
That convictions are now frequently obtained is due not to
the law, but to the intelligence and conscientiousness of those
who are generally summoned as jurors. This is exactly true
in the country counties, where a more careful supervision of
the jury-box can be had than in the county of Suffolk. Dur-
ing my three years of service in the olfice of Attorney-General,
the government has not failed of a conviction in the country
counties, while there have been three acquittals in the county
of Suffolk, and, in each case, as I believe, a guilty party
escaped through the imperfection of the jury by whom he was
tried, growing out of the defect in the law which I have been
asking the legislature for three years to remedy. Perhaps I
ought to add that the large number of persons exempted by
existing laws in the county of Suffolk, from jury duty, has
tended very much to lower the character of the juries in that
<;ounty.
1875.] PUBLIC DOCUMENT— No. 12. 11
Experience has demonstrated the propriety and usefuhiess
of chapter 308 of the Acts of 1873, "in relation to the mode
of empanelling jnries in capital cases."
The attention of the legislature has frequently been called
to the imperfection in the laws regulating coroners' inquests.
In cases of homicide, an inquest may be so conducted as to
be of the greatest service in bringing an oflender to justice ;
but, as a rule, they are so conducted in this Commonwealth
as to hinder, rather than aid in the adminstration of the
criminal law. If it were made the duty of the coroner, when
he is of Wil-
liams, claimant.) S. J. C. Proceeding for forfeiture. Exceptions
S. C. Exceptions sustained.
Commonwealth v. Certain Intoxicating Liquors. .(Richard Keily,
claimant.) S. J. C. Proceeding for forfeiture. Exceptions S. C.
Exceptions sustained.
COUNTY OF FRANKLIN.
Commonwealth v. John Chappel. S. J. C. Keeping liquor for
sale. Exceptions S. C. Exceptions sustained.
COUNTY OF HAMPDEN.
Commonwealth v. James Moran, Daniel O'Connor, and Patrick
Leehy. S. J. C. Murder. Nol. pros., as against O'Connor and
Leeh}'. Moran pleads guilty of murder in second degree. Sen-
tence — imprisonment for life.
Commonwealth v. Patrick Doherty. 8. J. C. Illegal transport-
ation of liquor. Exceptions S. C. Exceptions overruled.
Commonwealth v. Michael Donovan. S. J. C. Illegal transport-
ation of liquor. Exceptions S. C. Exceptions overruled.
Commonwealth v. Edward Carrington. S. J. C. Larceny. Ex-
ceptions S. C. Exceptions overruled.
Commonwealth v. Austin O'Reilly. S. J. C. Keeping liquor for
sale. Exceptions S. C. Exceptions overruled.
1875.] PUBLIC DOCUMENT— No. 12. 21
COUNTY OF HAMPSHIRE.
Commonwealth v. Michael Connors. (Two cases.) S. J. C.
Liquor nuiscmce. Exceptions S. C. Exceptions overruled.
Commonwealth v. Patrick Garvey. S. J. C. Keeping liquor for
sale. Exceptions S. C. Exceptions waived.
Commonwealth v. Patrick Garvey. S. J. C. Liquor nuisance.
Exceptions S. C. Exceptions waived.
Commonwealth v. Charles G. Shaw. S. J. C. Keeping liquor
for sale. Exceptions S. C. Exceptions overruled.
Commonwealth v. Arthur R. Kane. S. J. C. Keeping liquor for
sale. Exceptions S. C. Exceptions overruled.
Commonwealth v. Certain Intoxicating Liquors. (John B. Tozier
and Fred. W. Silliman, claimants.) S. J. C. Proceeding for for-
feiture. Exceptions S. C. Exceptions sustained.
Commonwealth v. Certain Intoxicating Liquors. (William
McCandless, claimant.) S. J. C. Proceeding for forfeiture. Ex-
ceptions S. C. Exceptions overruled.
Commonwealth v. Certain Intoxicating Liquors. (William C.
Corning, claimant.) S. J. C. Proceeding for forfeiture. Excep-
tions S. C. Exceptions sustained.
Commonwealth v. Certain Intoxicating Liquors. (John Dewey
and Patrick H. Dewe}', claimants.) S. J. C. Proceeding for for-
feiture. Exceptions S. C. Exceptions overruled.
Commonwealth v. Robert Sheehej^ S. J. C. Keeping liquor for
sale. Exceptions S. C. Exceptions overruled.
Commonwealth v. Frank Campbell. S. J. C. Liquor mdsance.
Exceptions S. C. Exceptions overruled.
COUNTY OF MIDDLESEX.
Commonwealth v. Andrew Donnelly. S. J. C. Murder. De-
fendant still in lunatic hospital.
Commonwealth v. Joseph Sullivan. S. J. C. Murder. Defend-
ant still in lunatic hospital.
Attorney-General v. Benjamin F. Woods. S. J. C. Information
to restrain building of dam. Injunction ordered.
Nathan Tufts, Jr., v. City of Charlestown and others. S. J. C.
Petition for app)ointment of commissioners, etc. U. II. Crocker,
Geo. M. Brooks, and Geo. F. Choate appointed commissioners.
Heard, but no report made.
Attorne3'-General v. Boston and Lowell Railroad Corporation.
S. J. C. Lxformation to obtain compensation for tide-water displaced.
Argued, but not yet decided.
Henry M. Chamberlain and others v. Charles H. Stearns and
others. S. J. C. Bill in equity for instructions as to will.
22 ATTORNEY-GENERAL'S REPORT. [Jan.
Eastern Railroad Company v. Samuel E. Chamberlain and another.
S, J. C. Bill in equity to enjoin warden of state prison. Injunction
refused.
■ Attornej'-General v. Eastern Railroad Company. S. J. C. In-
formation for obstructing harbor. Preliminary injunction granted.
Commonwealth v. Samuel W. Hildreth. S. J. C. Murder. Plea
— guilty of murder in the second degree. Sentence — imprisonment
for life.
Commonwealth v. Patrick Barr3\ S. J. C. Keeping liquor for
sale. Exceptions S. C. Exceptions overruled.
Commonwealth v. John D. Collins. S. J. C. Keeping liquor for
sale. Exceptions S. C. Exceptions overruled.
Commonwealth v. Michael Walsh. S. J. C. Keeping liqxior for
sale. Exceptions S. C. Exceptions overruled.
Commonwealth v. Michael Shea. S. J. C. Liquor nuisance.
Exceptions S. C. Exceptions overruled.
Commonwealth v. John Kenuey. S. J. C. Illegal transportation
of liquors. Exceptions S. C. Exceptions overruled.
Commonwealth v. Certain Intoxicating Liquors. (Thomas
McCormick, claimant.) S. J. C. Proceeding for forfeiture. Ex-
ceptions S. C. Exceptions sustained.
Commonwealth v. John Kelleher. S. J. C. Assaidt and battery.
Exception S. C. Exceptions overruled.
Commonwealth v. Michael Hanley and another. S. J. C. Liquor
nuisance. Exceptions S. C. Exceptions overruled.
Commonwealth v. Theodore L. Grant. S. J. C. Perjury. Ex-
ceptions S. C. Exceptions overruled.
Edward Chapman v. Commonwealth. Superior Court. Petition
for assessment of damages for land taken.
Attorne3'-General v. Cit}- of Cambridge. S. J. C. Information
for displacing tide-ivater ivithout license. Not yet heard.
Attorne3--GeneraI v. Maj-or and Aldermen of Cambridge. S. J. C.
Information for displacing tide-ivater zvithout license. Not yet heard.
Attornej'-General v. City of Somcrville. S. J. C. Information
for displacing tide-water without license. Not yet heard.
Commonwealth v. Dennis Cronin. S. J. C. Liquor nuisance.
Exceptions S. C. Not yet heard.
COUNTY OF NORFOLK.
Commonwealth v. Dennis Carne}'. S. J. C. 3Iurder. Defendant
still in lunatic hospital.
Commonwealth v. David Scannell. S. J. C. Murder. Defendant
still in lunatic hospital.
1875.] PUBLIC DOCUMENT— No. 12. 23
Commonwealth v. Charles H. Stratton. (Two cases.) S. J. C.
Assault. Exceptions S. C. Argued, but not j-et decided.
Commonwealth v. James H. Costley. S. J. C. Murder. Verdict
— guilty of murder in first degree. Exceptions. Exceptions not
yet argued.
Commonwealth v. Lavinia M. Re^-nolds. S. J. C. Illegal sale of
liquor. Exceptions S. C. Not j'et argued.
Commonwealth v. Daniel Mitchell. S. J. C. Assault. Excep-
tions S. C. Not yet argued.
Commonwealth v. James E. Bra}'. S. J. C. Liquor nuisance.
Exceptions S. C. Not yet argued.
COUNTY OF PLYMOUTH.
Commonwealth v. William E. Sturtivant. S. J. C. Murder.
Verdict — guilty of murder in the first degree. Exceptions. Ex-
ceptions argued, but not decided.
Mary Madigan, petitioner. Petition foi' habeas corjJus. Petition
refused.
COUNTY OF SUFFOLK.
Commonwealth, at the relation of the Bank Commissioner, v.
Farmers and Mechanics' Bank of South Adams. S. J. C. Petition
for injunction. Affairs of bank still in hands of receiver.
Commonwealth, at the relation of the Bank Commissioner, v.
Institution for Savings in Taunton. S.J. C. Petition for injunc-
tion. Affairs of the institution still in hands of its directors acting
as receivers.
Charles G. Coffin and others v. Manufacturers and Mechanics'
Bank of Nantucket. S. J. C. Petition.^. Affairs of bank still in
process of settlement by the receivers.
Commonwealth, by the Insurance Commissioner, v. Appleton
Mutual Fire Insurance Compan}-. S. J. C. Petition for injunction.
Affairs of company still in hands of William L. Burt, receiver, for
settlement.
Commonwealth, by the Insurance Commissioner, v. Tremont
Mutual Insurance Compan}'. S. J. C. Petition for injunction.
Affairs of company in process of settlement by receiver.
Commonwealth, by the Insurance Commissioner, v. Shawmut
Mutual Fire Insurance Compau}*. S. J. C. Petition for injunction.
Perpetual injunction ordered, and affairs of company in hands of
receiver. Final account filed.
Commonwealth, by the Insurance Commissioner, v. Home Mu-
tual Fire Insurance Company. S. J. C. Petition for injunction.
Affairs of company still in the hands of receiver for settlement.
Commonwealth, by the Insurance Commissioner, v. Traders'
24 ATTORNEY-GENERAL'S REPORT. [Jan.
Mutual Fire Insurance Company. S. J. C. Petition for injunction.
Suit on receivers' bond. Judgment recovered and satisfied.
Commonwealth, by the Insurance Comipiissioner, v. Hamilton
Mutual Fire Insurance Company. S. J. C. Petition for injunction.
Affairs of company still in the hands of the receivers.
Commonwealth, by the Insurance Commissioner, v. Farmers'
Mutual Fire Insurance Company. S. J. C. Petition for injunction.
Final decree, November 28.
Commonwealth v, Thomas Branning, alias Thomas Brennan.
S. J. C. Murder. Defendant still in lunatic hospital.
Four Farm Oil Company, petitioners, etc. S. J. C. Petition for
dissolution of corporation. Not yet tried.
Boston Bennyhoff Reserve Oil Companj', petitioners, etc. S. J. C.
Petition for dissolution of corporation. Not yet tried.
Commonwealth v. William H. Gardiner. S. J. C. Information
for violation of restriction in deed of lands on Commonwealth Avenue.
Argued, but not 3'et decided.
Attorney-General v. South Pewabic Copper Compan3\ S. J. C.
Information for tax. Temporary injunction still in force.
Commonwealth, by Insurance Commissioner, v. Monitor Mutual
Fire Insurance Company. Same v. Hide and Leather Insurance
Company. Same v. New England Mutual Marine Insurance Com-
pan3% S. J. C. Petitions for injunction. Perpetual injunctions in
force, and affairs of the companies in process of settlement by
receivers.
Commonwealth v. Edwin B. Dow. S. C. Tort against insurance
agent for tax. Defendant defaulted, and case continued for judg-
ment.
Commonwealth v. Charles A. "Wood and others. S. C. (Two
cases.) Contract, on insurarice agent's boyids. Judgment for plain-
tiff. Executions issued and satisfied.
Commonwealth, b}^ Deputy Insurance Commissioner, v. Prescott
Fire and Marine Insurance Compan}'. Same v. National Insurance
Company. Same v. Boylston Fire and Marine Insurance Compan3\
Same v. Exchange Insurance Compan}'. Same v. Tremont Insur-
ance Compan}^ Same v. Boston Insurance Company'. Same v.
Suffolk Fire Insurance Compan}'. Same v. Firemen's Insurance
Compau}'. Same v. Howard Fire Insurance Compan3\ Same v.
Manufacturers' Insurance Company. Same v. Mutual Benefit Fire
Insurance Company. Same v. Shoe and Leather Dealers' Fire and
Marine Insurance Compan3\ Same v. Union Mutual Fire Insurance
Company. Same v. Bay State Fire Insurance Compan}'. vSame v.
Merchants' Insurance Company in Boston. Same v. Bpot and Shoe
Manufacturers' Mutual Fire Insurance Company. Same v. Franklin
1875.] PUBLIC DOCUMENT— No. 12. 25
Insurance Company. Same v. Neptune Insurance Company. Same
V. People's Fire Insurance Company. Same v. Washington Insur-
ance Compan3\ Same v. Mechanics' Mutual Fire Insurance Com-
pany. S. J. C. Petitions for injunction. Perpetual injunctions in
forcd, and affairs of the companies in process of settlement by
receivers.
Commonwealth, by Insurance Commissioner, v. Massachusetts
Mutual Fire Insurance Company. Same v. North American Fire
Insurance Company. S. J. C. Petitions for injunction. Perpetual
injunctions in force, and affairs of the companies in process of
settlement by receivers.
Commonwealth, by Deputy Insurance Commissioner, v. City Fire
Insurance Compan3^ Same v. Eliot Fire Insurance Company.
S. J. C. Petitions for injunctions. Perpetual injunctions previously
ordered. Final decrees.
Commonwealth, by Insurance Commissioner, v. Lawrence Fire
Insurance Company of Boston. S. J. C. Petition for injunction.
Perpetual injunction previously ordered. Final decree.
Attorney-General, at the relation of the Harbor Commissioners,
V. William T. Hart and others. Trustees. S. J. C. Information
for injunction. Temporary injunction refused.
George S. Montague v. Boston & Albany Railroad and others.
S. J. C. Bill in equity to redeem a mortgage. Not yet heard.
Commonwealth v. John W. Homer, George H. Nobles and John
B. McCoole. S. J. C. Murder. Plea not guilty. Discharged on
their own recognizances.
Elizabeth Sheridan, petitioner. S. J. C. Petition for habeas
corpus. Petition dismissed.
Commonwealth v. Certain Intoxicating Liquors. (Boston Beer
Compan}', claimants.) S. J. C. Proceeding for forfeiture. Ex-
ceptions S. C. Exceptions overruled.
Commonwealth v. John Dowdican's Bail. (Four cases.) S. J. C.
Suits on recognizances. Appeals S. C. Judgments affirmed.
Commonwealth v. James A. Coe. S. J. C. Cheating by false
pretences. Exceptions S. C. Exceptions overruled.
Commonwealth, by the Railroad Commissioners, v. Ware River
Railroad. S. J. C. Liformation for crossing railroads at grade.
Information dismissed.
Attorney-General, by the Railroad Commissioners, v. Boston,
Barre & Gardner Railroad, Same v. Springfield, Athol «fe North-
Eastern Railroad. S. J. C. Informations for crossing railroads at
grade.
Commonwealth v. Samuel Gould. S. J. C. Action on receiver's
honi. Judgment for amount of bond. Execution not yet issued.
4
26 ATTORNEY-GENERAL'S REPORT. [Jan.
Commonwealth v. Charles A. "Wood and Josiah S. Eastman.
Action on recognizance. Judgment for Commonwealth, and judgment
satisfied.
Commonwealth v. James D wight. S. J. C. 3furder. Plea —
guilty of murder in the second degree. Sentence — imprisonment
for life.
Commonwealth ^». John Barrj'. S. J. C. Murder. Plea — guilty
of manslaughter. Sentence — ten 3'ears in the state prison.
Commonwealth v. Thomas O. Symonds. S. J. C. Liquor nui-
sance. Exceptions S. C. Exceptions overruled.
Commonwealth v. George L. Mitchell. S. J. C. Liquor nui-
sance. Exceptions S. C. Exceptions overruled.
Commonwealth v. Theophilus Herrick. S. J. C. Liquor nui-
sance. Exceptions S. C. Exceptions overruled.
Commonwealth v. George A. Ayers. S. J. C. Liquor nuisance.
Exceptions S. C. Exceptions overruled.
Commonwealth v. John Mahone}'. S. J. C. Keeping liquor for
sale. Exceptions S. C. Exceptions overruled.
Commonwealth v. John S. Bellows. S. J. C. Sale of liquor.
Exceptions S, C. Exceptions overruled.
Commonwealth v. Thomas Brannou. S, J. C. Common seller of
liquor. Exceptions S, C. Exceptions overruled.
Commonwealth v. George F, Belou. S. J. C. Liquor nuisance.
Exceptions S. C, Exceptions overruled.
Commonwealth 'V. James J, Magrath and others. S.J. C. AssauU
with intent to maim. Exceptions S. C. Exceptions overruled.
Commonwealth v. Certain Intoxicating Liquors. (Rodney Brown,
claimant.) S. J. C. Proceeding for forfeiture. Exceptions S. C,
Exceptions sustained.
Commonwealth v. Simon S, Rankin, S. J, C, Liqxior nuisance.
Exceptions S. C. Exceptions overruled.
Attorne3'-General, by the State Board of Health, v. Ransom C.
Ta3'lor. S. J. C. Lformation to abate a nuisance. Perpetual
injunction b}' consent.
Commonwealth v. Jesse Harding Pomroy, S. J, C. 3Iurder.
Verdict — guilty of murder in first degree. Exceptions. Excep-
tions not 3et argued.
Commonwealth v. John Howard. S. J, C. Keepiyig liquor for
sale. Exceptions S. C. Exceptions waived.
Commonwealth v. Charles D. Leckie. S, J, C, Keeping liquor
for sale. Exceptions S. C, Exceptions overruled.
Commonwealth V, Daniel McGonagle. S, J, C. Liquor nuisance.
Exceptions S. C. Exceptions overruled.
1875.] PUBLIC DOCUMENT— No. 12. 27
Commonwealth v. Henry W. Foley and another. S. J. C. Gam-
ing nuisance. Exceptions S. C. Exceptions overruled.
Charles Adams, Jr., Treasurer, v. Bengal Bagging Company. S.
C. Contract for corporation tax of 1872. Not j'et heard.
Commonwealth v. James Pendergast. S. J. C. Assault with
knife. Exceptions S. C. Exceptions waived.
Edward Maloney, petitioner. S. J. C. Petition for habeas corpus
for reduction of bail. Bail reduced from ten thousand dollars to
five thousand dollars.
Charles Adams, Jr., Treasurer, v. Boston & Lowell Railroad
Corporation. Municipal Court for city of Boston. Contract for
tax. Heard, but not yet decided.
Commonwealth v. Jesse Harding Pomroy. S. J. C. Murder.
Not yet tried.
Commonwealth v. Daniel Goodnow. S. J. C. Municipal ordi-
nance. Report S. C. Judgment on verdict.
Commonwealth v. Charles H. Sholes. S. J. C. Murder. Nol.
pros.
Commonwealth v. Robert A. Johnson. S. J. C. Liquor nuisance.
Exceptions S. C. Exceptions overruled.
Attorney-General v. Revere Brick Company. S. J. C. Informa-
tion for not making returns. Temporary injunction ordered.
Commonwealth v. Charles F. Johnson. S. J. C. Keeping house
of ill-fame. Exceptions S. C. Exceptions waived.
Commonwealth v. Timothy Parker. S. J. C. Cheating by use of
cards. Exceptions S. C. Exceptions sustained.
Commonwealth, by the Insurance Commissioner, v. Unity Mutual
Life Assurance Association. S. J. C. Petition for injunction.
Perpetual injunction ordered, and Henry P. Kidder and James C.
Davis appointed receivers.
Commonwealth v. Julius Hirsch. S. J. C. Assault. Exceptions
S. C. Exceptions overruled.
Commonwealth v. Certain Intoxicating Liquors. (Simon S.
Rankin, claimant.) (Two cases.) S. J. C. Proceeding for forfeit-
ure. Exceptions 8. C. Not yet heard.
Attornej'-General, at the relation of the Treasurer, v. Harbor
Improvement Compan}^ S. J. C. Information for taxes. Not yet
heard.
Attorney-General, at the relation of the Treasurer, v. United
States Electric Light Company. Same v. Cambridge Brick Com-
pany. Same v. Tufts Elevator Works. Same v. Cape Ann Granite
Company. Same v. Bradle}' Fertilizer Company. Same v. Derby
Wharf Corporation. Same v. Boston Base Ball Association. Same
V. Salem Foundry and Machine Shop. Same v. Hiscox File Manu-
28 ATTORNEY-GENERAL'S REPORT. [Jan.
facturing Company. Same v. Manchester Granite Company. Same
V. Hall Treadle Manufacturing Company. Same v. Blue Hill Land
Company. Same v. Samoset Cotton Mills. Same v. Falmouth
Wharf Company. S. J. C. Informations for taxes. Taxes paid
and informations dismissed.
Attorney-General, at the relation of the Treasurer, v. "Winthrop
Manufacturing Company. Same v. American Furniture Company.
Same v. Improved Rotary Heel Company. Same v. Pemigewasset
& Saco Land and Lumber Company. Same v. Forge Village Horse
Nail Company. Same v. Canadian Stop-Motion Company. S. J.
C. Informations for taxes. Temporary injunctions ordered.
Commonwealth v. Daniel Friel. S. J. C. Murder. Not j'et
tried.
Thomas Fanning, petitioner. S. J. C. Petition for habeas corpus.
Petition dismissed.
Commonwealth v. Charles L. Bean. S. J. C. Receiving stolen
goods. Exceptions S. C. Not yet argued.
John J. Williams, petitioner. S. J. C. Petition for sale of real
estate.
Commonwealth v. Michael Harris. S. J. C. Murder. Not yet
tried.
Commonwealth v. Thomas Cahill. S. J. C. Murder. Not yet
tried.
Francis Fitzpatrick v. Commonwealth. S. J. C. Writ of error.
Not 3'et heard.
COUNTY OF WORCESTER.
Commonwealth v. Robert Templeman. S. J. C. Murder. Plea
— guilt}' of murder in the second degree. Sentence — imprisonment
for life.
Ransom C. Taylor v. State Board of Health. S. J. C. Petition
for certiorari. Petition dismissed.
Commonwealth v. John W. Snow. S. J. C. Abortion. Excep-
tions S. C. Exceptions overruled.
Commonwealth v. Patrick Glennan. S. J. C. Liquor nuisance.
Exceptions S. C. Exceptions overruled.
Commonwealth v. T. H. Twombly. S. J. C. Cruelty to an
animal. Exceptions S. C. Exceptions waived.
Commonwealth v. Certain Intoxicating Liquors. (Ephraim D.
Wetherbee, claimant.) S. J. C. Proceeding for forfeiture. Excep-
tions S. C-. Exceptions overruled.
Commonwealth v. Certain Intoxicating Liquors. (Joseph Chase
and Benjamin D. Dwinell, claimants.) S. J. C. Proceeding for
forfeiture. Exceptions S. C. Exceptions overruled.
1875.] PUBLIC DOCUMENT— No. 12. 29
Commonwealth v. August Mann. S. J. C. Assault with danger-
ous iveapon. Exceptious S. C. Exceptions sustained.
Commonwealth v. John C. Bios. S. J. C. Keeping tenement for
sale of liquor. Exceptions S. C. Exceptions sustained.
Commonwealth v. Patrick Gillon. S. J. C. Liquor nuisance.
Exceptions S. C. Exceptions overruled.
Commonwealth v. Asa N. Smith. S. J. C. Larceny. Appeal
S. C. Judgment on verdict.
Commonwealth v. Lucian M. Titus and Elbridge F. Horr. S. J.
C. Larceny. Exceptions S. C. Exceptions overruled.
City of Worcester v. Francis H. Kelley and others. S. J. C.
Bill in equity to be relieved from fulfilling provision in will of Geo.
Jaques. Not yet heard.
City of Worcester v. Francis H. Kelley and others. S. J. C.
Petition for leave to sell real estate. Not yet heard.
SUPREME COURT OF THE UNITED STATES.
Boston Beer Company v. Commonwealth. Writ of error. Not
yet heard.
CIRCUIT COURT OF THE UNITED STATES.
Thomas Baring and others v. Charles S. Bradley and others.
Bill of interpleader. Not yet heard.
George Wheatland, Jr., v. Eben D. Jordan. Bill in equity. Bill
dismissed without prejudice.
DISTRICT COURT OP THE UNITED STATES, MASSACHUSETTS DISTRICT.
Massachusetts Glass Company, in bankruptcy. Claim for tax.
Tax not yet collected.
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