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

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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 the opinion that a homicide has been committed, to 
immediately notify the district-attorney, and the district- 
attorney or his assistant were required to attend and conduct 
the investigation before the coroner's jury, I am of opinion, 
that inquests, instead of being, as now, most frequently, 
mere matters of form, might be made of substantial usefulness 
in the administration of justice, and I respectfully recommend 
this subject to the attention of the legislature. 

Of corporation taxes there have been collected in this office 
during the year, $39,548.95, and paid into the treasury of the 
Commonwealth. This involved the filing of twenty-two in- 
formations, and very considerable trouble and responsibility. 
As the law now stands, there is no penalty for the non-pay- 
ment of these taxes at the time prescribed by law, and parties 
can postpone the payment of their tax (by giving bond to 
dissolve the injunction) until such time as lean obtain a judg- 
ment upon the information, and simply pay interest at six per 
cent, upon the amount collected. It is of great importance to 
the treasury of the Commonwealth that these taxes should 
1,e paid promptljs that the treasurer may be able promptly 
to settle with the towns and cities, and I recommend that the 
law be so changed as to compel parties who fail to comply 
with the statute, to pay by way of penalty, in addition to the 
tax, interest at the rate of twelve per cent, or more, from the 
time the tax becomes due until it is paid. This would prob- 
ably induce corporations to pay their taxes without compelling 
the treasurer to resort to compulsory measures. 

The Norwich & Worcester Kailroad Company, not having 
made its payment into the sinkhigfund, as required by chap- 
ter 134 of the Acts of 1854, the treasurer of the Common- 



12 ATTOENEY-GENERAL'S EEPORT. [Jan. 

wealth placed in my hands the mortgage hdld by him as secu- 
rity for the payment thereof, for such action as might be 
deemed most advisable. 

This payment to the sinking fund, although nominally 
made by the Norwich & Worcester Railroad Company, is 
actually paid by the New York & New England Railroad 
Company, succeeding to the Boston, Hartford & Erie Rail- 
road Company, the lessees of the former road. The receivers 
of the last-named road, in 1874, claiming that the sinking 
fund had accumulated to a sum sufficient to pay off the loan, 
requested the treasurer of the Commonwealth to require no 
further payments by the Norwich & Worcester Railroad Com- 
pany, and to release the securities held by him. This he de- 
clined to do, and they applied to the legislature. The result 
of that application is to be found in chapter 74 of the Re- 
solves of 1874 ; but that legislation does not appear to me to 
have changed the rights of the parties. The receivers claimed 
that a pajniient into the sinking fund in currency, was, un- 
der the decisions of the supreme court of the United States, 
equivalent to a payment in gold, and that as the sinking fund 
amounted in currency to a sum larger than the loan, they 
ought not to be required to make further payments, and that 
the mortgage and securities should be surrendered. It is true 
that if the bonds in which the sinking fund is invested were 
sold to-day, they would, at present prices, produce the sum 
of $448,000 in currency, while the loan is $400,000; but 
inasmuch as the bonds issued by the Commonwealth to the 
Norwich & AYorcester road are payable in gold, and do not 
mature until the year 1877, 1 have advised the treasurer that 
it would not be proper for him to surrender the securities un*- 
til such time as the bonds of the Commonwealth can be paid. 

As I have already stated, these payments into the sinking 
fund are now to be made by the New York & New England 
Railroad Company, but any surplus of the sinking fund 
which may remain upon the payment of the loan in 1877, 
must be paid to the Norwich & Worcester Railroad Company ; 
of course to the profit of the stockholders of the latter, and 
to the loss of the former corporation. Under the circum- 
stances, it seems wiser to me that further payments into 
the sinking fund should not now be enforced, the balance of 



1875.] PUBLIC DOCUMENT— No. 12. 13 

interest being in favor of the sinking fund. If, upon the 
payment of the bonds in 1877, the sinking fund is found 
to be insufficient, any balance due the Commonwealth can 
be enforced, and any loss to the New York & New Eng- 
land Railroad Company (in which the Commonwealth has a 
large pecuniary interest), which might accrue by requiring 
the payments into the sinking fund to be continued, may be 
avoided. I respectfully submit this subject to the considera- 
tion of the legislature. 

The petition of Francis Tufts and others, against the Com- 
monwealth, under chapter 294 of the Acts of 1871, to estab- 
lish the boundaries of the state prison lauds, has been heard 
by the commissioners, who have not yet made their report. 
I expect that the case will be finally disposed of during this 
year. 

The case of Thomas Barings and others, in equity, vs. 
Charles S. Bradley and others, in which the Commonwealth 
is a party, pending in the circuit court of the United States, 
will, I expect, be tried at the next term of that court. Much 
time has been consumed in the taking of the testimony, which 
is to be concluded in March next. 

Of the twenty-eight cases of insolvent insurance companies, 
but three have been finished and final decrees entered. The 
others will continue to require the attention of this office. 

I append hereto two tables which have been compiled from 
the returns in the office of the secretary of the Common- 
wealth, — one showing the number of criminal cases in the 
Commonwealth from the year 1865 to the year 1873, both 
inclusive; and the other showing the amount of costs accrued 
in those cases during the same period. I append these tables 
as the readiest mode of calling the attention of the le2:islature 
to the steady increase of expenditure in the administration of 
the criminal law. As the Commonwealth seems to have en- 
tered upon a new policy in the administration of justice, by 
the establishment of district courts, it seems desirable that 
the opportunity should be improved to establish a system for 
the uniform taxation of costs in those courts, in police courts, 
and by trial justices, and of all officers whose compensation 
depends upon fees, to be taxed for their services, to the end 
that a more honest and economical method may be adopted 



14 ATTORNEY-GENERAL'S REPORT. [Jan. 

than at present prevails. As this subject has already been 
brought to the attention of the legislature by the report of 
the committee on county expenditures, I submit no other 
suggestions than may be obtained by a careful study, of the 
tables appended. 

I believe the salary of the clerk of the superior criminal 
conrt for the county of Suffolk, derived from the fees and 
emoluments of the office, to be larger than that of the chief jus- 
tice of the Commonwealth. If that excellent young officer were 
to be paid an adequate salary for his services, and required to 
pay all the fees and emoluments of the office into the public 
treasury ; and if the district-attorney's office in that county 
were properly reorganized, some thousands of dollars might 
be annually saved, and the public service made more effective 
than it is at the present time. I respectfully ask the attention 
of the legislature to this subject. 

The sum of $89.49 has been expended, under section 24 of 
chapter 14 of the General Statutes, for the contingent ex- 
penses of civil actions. 

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

I am, very respectfully, your obedient servant, 

CHAS. R. TRAIN. 



1875.] 



PUBLIC DOCUMENT— No. 12. 



15 



TABLE 

Showing the number of Criminal Cases ^^ejicZwjgr on questions of 
Law ill the Supreme Judicial Court during the year 1874, and 
the disposition thereof by Counties. 



COUNTIES. 


c 
•3 
a 

p< 

cS 


a 

a 

■3 

"2 ^ 
2 § 

s s 


o 

& 

1 1 
" i 

■a B 
^ 1 

1 a 

« 


Argued, but not yet 
decided. 


•a 
3 

>. 

o 


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












2 

1 

10 

9 

1 

4 

12 

10 

6 

1 

27 

10 


2 
1 

7 
7 

4 

10 

8 

21 
8 


2 
2 
1 

2 
1 

2 

2 


1 

2 
1 


1 

4 

4 


Totals, . 


93 


68 


12 


4 


9 



16 



ATTORNEY-GENERAL'S REPORT. 



[Jan. 



TABLE 

Shoioing the Number and Character of Criminal cases pending on 
questions of Law in the Supreme Judicial Court during the year 
1874, and the disposition thereof. 







i 


s 







OFFENCES. 


to 

n 
•3 
c 









a 

3 
■a 


! 




p. 


•3 ^ 


"S § 


'O ^3 






CJ 


.-2 § 


2 1 




>. 




03 


g a 


g 5 


S) .Si 







o 


Q 





<; 


\^ 


Abortion, 


2 


2 


_ 


_ 


_ 


Assault, 


4 


1 


- 


2 


1 


Assault and battery, . . 




1 


- 


- 


- 


Assault, indecent, .... 




- 


1 


- 


- 


Assault with intent to i-avish, 




1 


- 


- 


- 


Assault with intent to maim, 




1 


- 


- 


- 


Assault with dangerous weapon, 




1 


1 


- 


- 


Burglary, 




1 


- 


- 


- 


Cheating by use of cards, . 




- 


1 


- 


- 


Cruelty to animals, .... 




1 


- 


- 


- 


Drunkenness, 




1 


- 


- 


- 


False pretences, cheating by, 




1 


- 


- 


- 


Gaming nuisance, .... 




1 


— 


— 


— 


Ill-fame, keeping house of, 




1 


- 


- 


- 


Larceny, 


3 


3 


- 


- 


- 


Liquor, common seller of, . 


1 


1 


- 


- 


- 


Liquor, illegal sale of, ... 


3 


2 


- 


- 


1 


Liquor, illegal transportation of. 


4 


4 


- 


- 


- 


Liquor, keeping for sale, . 


14 


13 


1 


- 


- 


Liquor keeping tenement for sale of. 


3 


1 


1 


1 


- 


Liquor nuisance, 


23 


21 


- 


- 


2 


Liquor seizure, 


14 


5 


7 


- 


2 


Lord's Day, violation of, . 


1 


1 


- 


- 


- 


Municipal ordinance, .... 


1 


1 


- 


- 


- 


Murder, 


3 


— 


— 


1 


2 


Perjury, 


1 


1 


- 


- 


- 


Prize-fight, promoting of, . 


1 


1 


- 


- 


- 


Receiving stolen goods. 


2 


1 


- 


- 


1 


Totals, 


93 


68 


12 


4 


9 



1875.] 



PUBLIC DOCUMENT— No. 12. 



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ATTORNEY-GENERAL'S REPORT. 



[Jan. 



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1875.] PUBLIC DOCUMENT— No. 12. 19 



CASES 

Argued and conducted by the Attorney-General from January 1st to 
December 31st, 1874. 



COUNTY OF BARNSTABLE. 

Commonwealth v. George W. Thompson. S. J. C. Assaidt loith 
intent to ravish. Exceptions S. C. Exceptions overruled. 

Commonwealth v. Whitfield Robbins. S. J. C. Illegal sale of 
liquor. Exceptions S. C. Exceptions overruled. 

COUNTY OF BERKSHIRE. 

Commonwealth v. Joseph T. Barry. S. J. C. Receiving stolen 
goods. Exceptions S. C. Exceptions overruled. 

COUTJTY OF BRISTOL. 

Commonwealth v. Henry Kendall. S. J. C. Indecent assault. 
Exceptions S. C. Exceptions sustained. 

Commonwealth v. Nicholas Powers. S. J. C. Keeping tenement 
for sale of liquor. Exceptions S. C. Exceptions overruled. 

Commonwealth v. Thomas Mason. S. J. C. Keeping liquor for 
sale. Exceptions S. C. Exceptions overruled. 

Commonwealth v. Certain Intoxicating Liquors. (William Cleary, 
claimant.) S. J. C. Proceedings for forfeiture. Exceptions S. C. 
Exceptions sustained. 

Commonwealth v. William Sanborn. (Two cases.) S. J. C. 
Liquor nuisance. Exception S. C. Exceptions overruled. 

Commonwealth v. James McCluskey. S. J. C. Illegal transport- 
ation of liquor. Exceptions S. C. Exceptions overruled. 

Commonwealth v. James Mclvor. S. J. C. Keeping tenement 
for sale of liquor. Exceptions S. C. Argued, but not yet decided. 

Commonwealth v. Luke Lee. S. J. C. Keeping liquor fox sale. 
Exceptions S, C. Exceptions overruled. 

Commonwealth v. Hatfield Crowther. S. J. C. Violation of Lord's 
Day. Exceptions S. C. Exceptions overruled. 



20 ATTORNEY-GENERAL'S REPORT. [Jan. 



COUNTY OF ESSEX. 

Commonwealth v. Terence Carroll. S. J. C. Murder. Defend- 
ant died in lunatic hospital, January 30, 1874. 

Commonwealth v. Edward Dailey. S. J. C. Burglary. Excep- 
tions S. C. Exceptions overruled. 

Francis Cox and wife v. James B. Curwen, trustee. S. J. C. 
Bill in equity. 

Commonwealth v. John Brown. S. J. C. Liquor nuisance. Ex- 
ceptions S. C. Exceptions overruled. 

Commonwealth v. Thomas Burns and others. S. J. C. Promoting 
prize-fight. Appeal S. C> Judgment affirmed. 

Commonwealth v. William H. Dinsmore and others. S. J. C. 
Liquor nuisance. Exceptions S. C. Exceptions waived. 

Commonwealth v. Worcester E. Boynton. S. J. C. Abortion. 
Exceptions S. C. Exceptions overruled. 

Commonwealth v. Henry McNaraara. S. J. C. Drunkenness. 
Exceptions S. C. Exceptions overruled. 

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

Commonwealth v. Certain Intoxicating Liquors. (Thomas 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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