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PUBLIC  DOCUMENT. 


.No.  12. 


ANNUAL   REPORT 


ATTORNEY-GENERAL, 


Year  ending  December  31,  1875. 


BOSTON: 

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

1876. 


PUBLIC  DOCUMENT No.  12. 


ANNUAL   REPORT 


OF    THE 


ATTORNEY-GENERAL 


Year  ending  December  31,  1875. 


BOSTON: 

WRIGHT   &   POTTER,   STATE   PRINTERS, 

79  Mll/K  Street  (corner  o?  FeriraI/), 

1876. 


€omtnonu)i:altl)  of  iilassacljusctts. 


Attorney-General's  Office,  > 

Boston,  7  Court  Square,  January  29,  1876.  \ 

Hon.  John  D.  Long,  Speaker  of  the  House  of  Representatives. 

Sir  : — I  have  the  honor  herewith  to   transmit  my  Annual 
Report  to  the  legishiture  for  the  year  ending  December  31, 

1675. 

I  am,  very  respectfully, 

Your  obedient  servant, 

CHARLES  R.  TRAIN. 


€ommoniucaltl)  of  iUassaiiiusetts. 


Attoknuy-Genekal's  Ofi-ice,  i 

Boston,  7  Court  Square,  Jan.  29,  187b,  S 

To  Ihe   Honorable   the  S'peaker  of  the  House  of  Representatives : 

I  have  the  honor  to  .siil)init  to  the  legislature  my  otiieial 
Report  for  the  year  ending  December  31st,  1875. 

I  have,  during  the  year,  advised  the  various  offices  and  de- 
partments of  the  state  government,  giving  opinions  in  writing 
whenever  required. 

The  number  of  applications  for  requisitions  upon  the  execu- 
tives of  other  States,  for  the  rendition  of  fugitives  from 
justice,  has  been  twenty-seven  ;  the  number  granted,  eighteen  ; 
the  number  refused,  nine  ;  the  number  of  criminals  reported 
as  returned  under  requisitions  for  trial,  two. 

The  number  of  requisitions  from  other  States  upon  the 
executive  of  this  Commonwealth,  has  been  twenty-four;  the 
number  granted,  thirteen  ;  the  number  refused,  eleven.  The 
whole  expense  incurred  in  the  return  of  fugitives  from  justice, 
as  found  in  the  books  in  the  auditor's  office,  is  $267.30. 

The  whole  number  of  cases  in  the  courts  of  the  Common- 
wealth which  have  required  my  personal  attention  is  215, 
classified  as  follows  : — 

Indictments  for  capital  crimes.   .          .          .          .          .          .  ,28 

Exceptions,  appeals,  and  rei)orts  in  criminal  cases,     .          .  .74 

Informations  upon  the  relation  of  the  insurance  commissioner,  .  32- 

Informations  upon  the  relation  of  the  liarbor  commissioners,  .     6 

Informations  upon  the  relation  of  the  raih'oad  commissioners,  .     3 

Informations  upon  the  relation  of  the  tax  commissioner,      .  .  30 
Information  upon  the  relation  of  the  savings  bank  commissioner.       1 

Informations  upon  the  relation  of  the  com.  of  corporations,  .     5 

Informations  upon  the  relation  of  the  state  board  of  health,  .     4 

Miscellaneous,   .         ,         .         .         .         .         .         .         .  .32 

215 


^  ATTORNEY-GENERAL'S  REPORT.  [Jtiri. 

In  the  courts  of  the  United  States,  tive  cases  ;  making  the 
whole  number  of  cases  uuder  my  charge  duriug  the  year,  220. 

During  the  year  I  have  attended  personally  to  the  conduct 
and  disposition  of  the  following  indictments  for  murder,  in  the 
supreme  judicial  court,  viz.  : — 

In  the  County  of  Bristol. 

1.  An  indictment  against  Rosalie  A.  Thyng  for  the  mur- 
der of  George  H.  Thyng,  by  poison.  This  indictment  was 
returned  by  the  grand  jury  at  the  last  December  term  of  the 
superior  court,  and  has  not  yet  been  tried. 

In  the  County  of  Essex. 

2.  An  indictment  against  William  Russell,  for  the  murder 
of  Sarah  Russell.  At  the  time  of  his  arraiijnment  Russell 
was  adjudged  insane,  and  connnitted  to  the  lunatic  hospital 
at  Taunton,  subject  to  the  further  order  of  the  court. 

In  the  County  of  Franklin. 

3.  An  indictment  ao;ainst Daniel  J.  Dwight  and  Herbert  A. 
Davenport. 

4.  An  indictment  against  Daniel  J.  Dwight. 

5.  An  indictment  against  Herbert  A.  Davenport. 

These  are  all  for  the  murder  of  one  Joseph  Riley  Farns- 
worth  ;  they  were  returned  at  the  November  term  of  the 
superior  court,  and  are  still  pending,  to  be  tried  at  the  next 
term  of  the  supreme  judicial  court. 

In  the  County  of  Hampshire. 

6.  An  indictment  against  Patrick  Murphy,  for  the  murder 
of  Edward  Carr,  with  a  knife.  I  accepted  a  plea  of  guilty  of 
manslaughter,  and  Murphy  was  sentenced  to  the  state  prison 
for  the  term  of  seven  years;  one  day  solitary  confinement. 

In  the  County  of  Middlesex. 

7.  An  indictment  against  Alexander  Cullen,  for  the  murder 
of  John  Hobden.  I  accepted  a  plea  of  guilty  of  manslaughter, 
and  Cullen  was  sentenced  to  the  state  prison  for  a  term  of 
seven  years  ;  one  day  solitary  continement. 


1876.]  PUBLIC  DOCUMENT— No.   12.  7 

In  the  County  of  Norfolk. 

8.  An  indictment  against  James  H.  Costley,  for  the  mnrder 
of  Julia  Hawkes.  The  defendant  was  tried  and  found  guilty 
in  January,  1875.  Exceptions  were  taken  by  the  defendant 
to  various  rulinijs  of  the  court,  which  were  arjjued  in  Feb- 
ruary  last  before  the  full  court.  The  exceptions  were  over- 
ruled. A  petition  for  a  writ  of  error  was  then  brought  by 
his  counsel,  which  was  argued  in  June  last  before  the  full 
court,  and  dismissed.  The  defendant  was  subsequently  sen- 
tenced to  death,  and  the  sentence  has  been  executed. 

9.  An  indictment  against  Elizabeth  J.  Miller,  for  infanti- 
cide. I  accepted  a  plea  of  guilty  of  manslaughter,  and  allowed 
her  to  be  returned  to  her  parents  in  Nova  Scotia,  regarding 
her  as  a  subject  for  pity,  and  not  punishment. 

In  the  County  of  Plymouth. 

10.  An  indictment  against  William  E.  Sturtivaut.  Excep- 
tions taken  at  the  trial  of  Sturtivant  had  been  argued,  and 
were  not  decided  at  the  date  of  my  last  report.  The  excep- 
tions were  subsequently  overruled,  and  the  defendant  sen- 
tenced to  death.     The  sentence  has  been  executed. 

11.  An  indictment  against  Christopher  Stoddard,  for  the 
murder  of  Josiah  D.  Baxter.  I  accepted  a  plea  of  guilty  of 
murder  in  the  second  degree,  and  the  defendant  was  sentenced 
to  the  state  prison  for  life  ;  f)ne  day  solitary. 

In  the  County  of  Suffolk. 

12.  An  indictment  against  John  Denehy  and  Julia  McCarty, 
for  the  murder  of  Mary  Denehy.  There  being  no  evidence 
in  this  case  sutficient  to  justify  me  in  asking  a  jury  for  a  con- 
viction, the  defendants  were  discharged  on  their  own  recog- 
nizance, June  4th,  1875. 

13.  An  indictment  against  Thomas  W.  Piper,  for  the 
murder  of  Mabel  Young.  The  defendant  was  put  on  his  trial, 
December  6th,  1875,  before  Chief  Justice  Gray  and  Mr. 
Justice  Ames.  Defence,  a  general  denial.  The  trial  occupied 
nine  days,  and  resulted  in  a  disagreement  of  the  jury.  Messrs. 
Edward  Avery  and  E.  P.  Brown,  counsel  for  the  prisoner. 
Mr.  District  Attorney  Stevens  assisted  me  in  the  prosecution. 

14.  An  indictment  against  Jesse  Harding  Poraeroy,     This 


8  ATTORNF.Y-GENERAL'S  REPORT.  [Jan. 

indictment  was  tried,  and  the  indictment  pending  on  excep- 
tions, as  appears  in  my  last  report.  The  exceptions  were 
argned  before  the  full  court,  February  1st,  1875,  and  over- 
ruled. On  the  twentieth  day  of  the  same  month  Pomeroy  was 
sentenced  to  death.  The  sentence  has  not  as  3'et  been 
executed. 

15.  An  indictment  against  Daniel  Friel,  for  the  murder  of 
Peter  Smith.  This  indictment  M^as  tried,  February  25th,  1875. 
Defence,  a  general  denial.  Verdict,  guilty  of  murder  in  the 
second  degree.  Sentence,  imprisonment  for  life,  one  day 
solitary.  P.  A.  Collins  and  J.  W.  Fox,  Esqs.,  for  the  de- 
fence. District  Attorney  Stevens  assisted  me  in  the  pros- 
ecution. 

16.  An  indictment  against  Michael  Harris,  for  the  murder 
of  his  wife,  Catherine  Harris.  Trial,  February  23d,  1875, 
before  Justices  Colt  and  Endicott.  Defence,  a  general  denial. 
Verdict,  guilty  of  murder  in  the  second  degree.  Sentence, 
imprisonment  for  life  :  one  day  solitary.  E.  P.  Nettleton 
and  F.  Dabney,  Esqs.,  for  the  defence.  District  Attorney 
Stevens  assisted  me  in  the  prosecution. 

17.  An  indictment  against  George  W.  Pemberton,  for  the 
murder  of  Mrs.  Margaret  E.  Bingham .  Tried  June  3d ,  4th  and 
5th,  before  Mr.  Chief  Justice  Gray  and  Mr.  Justice  Devens. 
Defence,  a  general  denial.  Verdict,  guilty  of  murder  in  the 
first  degree.  Exceptions  were  taken  by  counsel  for  the 
defence  to  various  rulings  of  the  court  at  the  trial.  The 
exceptions  were  argued  before  the  full  court  on  the  25th  of 
June  and  overruled,  and  Pemberton  was  subsequently  sen- 
tenced to  death  and  executed.  Horatio  G.  Parker  and 
George  Carleton,  Esqs.,  counsel  for  the  defence.  District 
Attorney  Stevens  assisted  me  in  the  prosecution. 

18.  An  indictment  against  Peter  Larachelle,  for  the  murder 
of  John  Barter,  by  kicks  and  blows.  Trial,  May  31st,  1875, 
before  Chief  Justice  Gray  and  Mr.  Justice  Devens.  Verdict, 
not  guilty.  Richard  Olney  and  Richard  Stone,  Esqs., 
counsel  for  the  defence.  District  Attorney  Stevens  assisted 
me  in  the  prosecution. 

19.  An  indictment  against  Louisa  Surrey,  for  infanticide. 
This  indictment  was  returned  iw  December  last,  and  has  not 
yet  been  tried. 


1876.]  PUBLIC  DOCUMENT— No.  12.  9 

20.  An  indictment  against  William  Kelley,  for  the  murder 
of  Thomas  P.  Pulsifer.  This  indictment  was  returned  in 
December  last,  and  has  not  yet  been  tried. 

21.  An  indictment  against  Thomas  Cahill,  for  the  murder 
of  Bridget  Landrigan.  Upon  a  careful  examination  of  the 
evidence,  I  became  satisfied  that  I  ought  not  to  put  the  defend- 
ant upon  trial,  and  he  was  discharged  upon  his  own  recog- 
nizance. 

In  the  County  of  Worcester. 

22.  An  indictment  against  Samuel  J.  Frost,  for  the  murder 
of  Frank  B.  Towne.  The  defendant  was  put  on  his  trial  in 
November  last  before  Justices  Colt  and  Devens.  Defence,  a 
general  denial.  Verdict,  guilty  of  murder  in  the  first  degree, 
and  the  defendant  was  sentenced  to  death.  A  motion  for  a 
new  trial  has  since  been  filed,  which  is  still  pending.  John 
Hopkins  and  George  H.  Ball,  Esqs.,  counsel  for  the  defence. 
District  Attorney  Staples  assisted  me  in  the  prosecution. 

23.  An  indictment  against  Joseph  H.  Brough,  for  the  mur- 
der of  Joseph  Julian.  Upon  an  examination  of  the  evidence, 
I  was  satisfied  that  a  conviction  for  murder  could  not  be  had. 
I  therefore  directed  this  indictment  to  be  nol.  pros'd,  and  a 
new  indictment  to  be  returned  in  the  superior  court  for  man- 
slaughter, which  has  been  done. 

A  practice  in  capital  trials,  as  old  as  the  Commonwealth,  is, 
at  the  close  of  the  arguments  of  counsel,  to  allow  the  prisoner 
to  address  the  jury,  if  he  desires  to  do  so.  This  practice  was 
adopted  when  the  prisoner  had  no  other  opportunity  of  being 
heard  by  the  jury  than  through  his  counsel,  but  is  at  the 
present  time  of  no  importance,  from  the  fact  that  the  prisoner 
is  now  a  competent  witness  in  his  own  behalf,  and  under  oath 
narrates  his  story  to  the  jury.  Like  many  other  forms 
attending  capital  trials,  this  practice  is  useless  for  good,  and  I 
respectfully  recommend  that  it  be  abolished  by  law. 

I  respectfully  call  the  attention  of  the  legislature  to  the 
propriety  of  amending  the  law  regulating  the  sentence  in  cap- 
ital cases,  and  the  mode  of  its  execution.  Section  24  of  the 
174th  chapter  of  the  General  Statutes  has  nothing  to  recom- 
mend it,  in  my  judgment,  but  its  antiquity,  and  I  can  see  no 

2 


10  ATTORNEY-GENERAL'S  REPORT.  [Jan. 

reason  why  the  court  pronouncing  the  sentence  should  not  fix 
the  elate  of  the  execution,  which  should  be  carried  into  effect 
by  the  sheriff",  unless  the  executive  should  interfere  by  pardon 
or  commutation,  as  in  other  criminal  cases.  This  is  the  pro- 
vision in  most  of  our  sister  States  where  capital  punishment 
has  not  been  abolished.  This  change  would  compel  the  exec- 
utive to  act  promptly  if  a  case  arose  where  executive  inter- 
ference was  deemed  proper,  and  would  insure  the  execution 
of  the  law  unless  such  iuterference  took  place.  If  the  law 
had  been  as  I  suggest  it  should  be,  Edward  W.  Greene,  the 
murderer  of  Frank  E.  Converse,  of  Maiden,  would  not  have 
remained  two  years  awaiting  the  execution  of  his  sentence, 
and  Jesse  H.  Pomeroy  would  not  now  be  iu  the  jail  of  Suff'olk 
County  awaiting  the  action  of  the  executive. 

In  my  last  report,  I  called  the  attention  of  the  legislature  to 
the  imperfection  existing  in  the  laws  regulating  coroners' 
inquests.  As  at  present  conducted,  an  inquest,  where  it 
appears  that  a  homicide  has  been  committed,  instead  of  aiding 
the  administration  of  justice,  is  in  many  cases  a  positive 
obstruction,  while  the  expense  of  the  proceedings  is  a  great 
burden  upon  the  public  treasury.  When  it  appears  that  a 
homicide  has  been  committed,  it  shoidd  be  made  the  duty  of 
the  coroner  to  at  once  notify  the  district  attorney,  and  no 
further  proceedings  should  be  had  by  the  coroner,  except 
under  the  supervision  and  control  of  the  district  attorney.  In 
this  mode,  an  inquest  might  be  made  of  substantial  usefulness 
in  the  administration  of  the  criminal  law,  and  I  respectfully 
renew  the  recommendation  of  last  year. 

I  again  respectfully  call  the  attention  of  the  legislature  to 
the  subject  of  costs  in  criminal  cases.  There  is  at  present  no 
uniform  system  of  taxation  of  costs  by  police  courts,  district 
courts  and  trial  justices,  or  of  any  ofHcers  whose  compensation 
depends  upon  fees  taxed  for  their  services.  A  careful  revi- 
sion of  the  existing  legislation,  and  the  substitution  of  a  sal- 
ary, or  a  per  diem  compensation,  in  phice  of  the  present 
system,  would  reduce  the  burden  ui)on  the  public  treasury  in 
the  administration  of  justice  at  least  thirty  per  cent.,  besides 
improving  the  chai-acter  for  honesty  of  those  engaged  in  the 
administration  of  the  criminal  law.  This  subject  was  brought 
to  the  attention  of  the  legislature  of  1875  by  the  report  of 


1876.]  PUBLIC  DOCUMENT— No.  12.  11 

the  committee  on  county  expenditures,  but  no  legislation  was 
had  in  the  direction  indicated. 

Of  corporation  taxes  there  have  been  collected  and  paid  into 
the  treasury  of  the  Commonwealth  during  the  year  by  this 
office,  $28,056.23.  These  taxes  were  collected  from  thirty- 
two  corporations,  and  required  the  filing  of  sixteen  informa- 
tions, seven  of  which  are  still  pending,  and  the  institution  of 
five  suits  at  law.  There  is  no  penalty  provided  for  the  non- 
payment of  these  taxes  at  the  time  prescribed  by  law,  and 
parties,  by  giving  bond  to  dissolve  the  injunction,  can  post- 
pone payment  until  such  time  as  I  can  obtain  a  judgment  upon 
the  information,  and  simply  pay  interest  at  six  per  cent,  upon 
the  amount  of  the  tax.  It  is  of  very  great  importance  that 
these  taxes  should  be  paid  promptly,  that  the  treasurer  of  the 
Commonwealth  may  settle  promptly  with  the  cities  and  towns, 
and  at  the  suggestion  of  that  officer,  I  recommended  last  year 
that  the  law  be  so  changed  as  to  compel  parties  who  failed  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  probably  induce  corporations  to  pay  their  taxes,  with- 
out compelling  the  treasurer  to  resort  to  compulsory  measures. 
I  again  respectfully  ask  the  attention  of  the  legislature  to  this 
subject. 

Of  miscellaneous  claims,  I  have  collected  and  paid  into  the 
treasury  during  the  year,  $10,737.56. 

In  the  case  of  Thomas  Barings  and  others  vs.  Charles  S. 
Bradley  and  others,  assignees  of  the  Hartford  and  Erie  Rail- 
road Company,  pending  in  the  circuit  court  of  the  United 
States,  and  in  which  suit  the  Commonwealth  became  a  party, 
a  decision  has  been  rendered  against  the  Commonwealth. 

In  the  matter  of  the  petition   of  Francis  Tufts  and  others 
under  chapter  294  of  the  Acts  of  1871,  against  the  Common- 
wealth, to  establish  the  boundaries  of  the  state  prison  lands 
the  report  of  the  commissioners  is  yet  to  be  passed  upon  by 
the  supreme  judicial  court. 

Of  the  insolvent  insurance  companies,  final  decrees  have 
been  entered  in  two  only,  since  the  date  of  my  last  report; 
the  others  will  continue  to  require  my  attention. 

My  attention  has  recently  been  called  to  the  fact  that  the 


12  ATTORNEY-GENERAL'S  REPORT.  [Jan. 

statute  of  1864,  chapter  308,  which  requires  receivers  of  insur- 
ance companies  to  report  annually  to  the  insurance  commis- 
sioner, and  provides  that  their  accounts  shall  be  referred  by 
the  court  to  the  insurance  commissioner  for  examination  and 
report,  is  applicable  only  to  receivers  of  corporations  whose 
charters  have  expired  or  have  been  annulled,  or  which 
have  been  dissolved  on  the  petition  of  their  members  (Gen- 
eral Statutes,  chapter  68,  §§  35-39)  and  not  to  receivers  of 
insolvent  insurance  companies  appointed  upon  the  application 
of  the  insurance  commissioner  under  Gen.  Sts.,  chap.  58,  §  6. 

The  receivers  of  all  the  insolvent  insurance  companies 
whose  affiurs  are  now  in  process  of  settlement  in  the  supreme 
judicial  court  are  included  in  the  latter  class,  and  no  statute 
requires  them  to  make  reports  to  the  insurance  commissioner, 
or  makes  their  accounts  subject  to  his  examination.  I  respect- 
fully recommend  that  the  statute  above  referred  to  be  so 
amended  as  to  be  applicable  to  this  class  of  receivers.  And 
I  recommend  also,  that  the  insurance  commissioner  be  author- 
ized and  required  to  make  an  examination  of  the  assets  in 
the  hands  of  all  receivers  of  insurance  companies,  and  of  their 
books  of  account,  at  least  once  in  each  year  until  their 
accounts  are  finally  settled. 

The  sum  of  $195.64  has  been  expended  under  section  24 
of  chapter  14  of  the  General  Statutes,  for  the  contingent 
expenses  of  civil  actions. 

I  transmit  herewith  tal)les  showing  the  details  of  the  cases 
which  have  been  under  my  charge  during  the  past  year. 

I  am  very  respectfully. 

Your  obedient  servant, 

CHARLES    R.  TRAIN. 


1876.] 


PUBLIC  DOCUMENT— No.  12. 


13 


TABLE 

Shoioing  the  number  of  Criminal  Cases  pending  on  questions  of  Law 
m  the  Supre'rne  Judicial  Court  during  the  year  1875,  atid  the  dis- 
position thereof  by  Counties. 


COUNTIES. 

C 

u 

■S  6 

•o  1 

s  5 

S    S 
•a   a 

«  s 

a)     o 

«  '^ 

Cases  decided  against 
the  Commonivealth. 

Cases  argued,  but  not 
yet  decided. 

Si 

CS 

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

2 

1 
10 

5 

2 

1 
6 
9 
1 
29 
8 

1 

9 

3 

2 

1 
3 

7 

1 

21 

6 

1 

5 
1 

1 
1 

1 

2 

2 

2 

3 

1 

Totals, . 

74 

54 

7 

5 

S 

14 


ATTORNEY-GENERAL'S  REPORT.         [Jan. 


TABLE 

Showing  the  Number  and  Character  of  Criminals  Cases  pending  on 
questions  of  Law  in  the  Supreme  Judicial  Court  during  the  year 
1875,  and  the  disposition  thereof. 


rt 

o 

o 

9 
o 
O 

■^    ji 

S' 

.5    « 

C3      <^ 

o 

■a 

t!  •= 

&■     & 

OFFENCES. 

•B 

o  i 

a    c 

"^ 

to 

c 

'i-t     ci 

o 

.Q 

C3 

p. 

S   g 

s  s 

•s  a 
•a  a 

1  6 

G 

as 

O 

Abortion,     ...... 

2 

_ 

_ 

_ 

2 

Aidini;  in  an  escape,  .... 

1 

- 

1 

- 

- 

Assault,        ...... 

5 

4 

- 

1 

- 

Assault  and  battery,    .... 

2 

2 

- 

- 

Assault  on  officer,       .... 

1 

- 

- 

- 

Assault  with  intent  to  ravish,     . 

1 

- 

- 

- 

Assault  with  a  knife,  .... 

2 

1 

- 

- 

Arson, 

1 

- 

- 

- 

Breaking  and  entering, 

1 

- 

- 

- 

Burghuy,     

1 

- 

- 

- 

Corrupt  meat,  having  for  sale,   . 

1 

- 

- 

- 

Cruelty  to  animals,     .... 

2 

- 

- 

- 

Eml)ezzlement,   ..... 

1 

- 

- 

- 

Fishing,  illegal,  in  Pratt  Pond,  . 

1 

- 

- 

- 

Forgery,      

3 

2 

- 

- 

Gaming  implements,  forfeiture  ot,     . 

1 

- 

- 

- 

Larceny, 

1 

- 

- 

- 

Liquor,  common  seller  of,  . 

2 

- 

- 

1 

Liquor,  illegal  sale  of. 

7 

1 

- 

1 

Liquor,  keeping  tenement  for  sale  of, 

2 

- 

- 

- 

Liquor  nuisance,          .... 

7 

- 

- 

- 

Liquor,  sale  to  minor. 

1 

- 

1 

- 

Liquor  seizure,    ..... 

3 

2 

- 

- 

Lord's  Day,  violation  of,     . 

1 

- 

- 

- 

Loss  of  life,         ..... 

2 

- 

- 

- 

2 

Malicious  burning,      .... 

1 

- 

- 

1 

- 

Manufacturer,  illegal  employment  of 

women  by,       . 

1 

- 

- 

- 

1 

Murder, 

0 

4 

- 

- 

1 

Naphtha,  keeping  for  sale. 

1 

1 

- 

- 

- 

Nuisance  in  keeping  disorderly  house. 

2 

1 

- 

1 

- 

Peddler,  illegal  sale  by,      . 

1 

- 

- 

1 

- 

Perjury, 

2 

2 

- 

- 

- 

Receiving  stolen  goods, 

2 

2 

- 

- 

- 

Rescue  of  a  prisoner, .         .         . 

1 

1 

- 

- 

- 

Robbery, 

1 

1 

- 

- 

- 

Subornation  of  perjury. 

1 

1 

- 

- 

- 

Miscellaneous  on  writs  of  error. 

4 

4 

- 

— 

- 

Totals, 

74 

54 

7 

5 

8 

1876.]  PUBLIC  DOCUMENT— No.  12.  15 


CASES 

Argued  and  conducted  by  the   Attorney-General  from   January  1st 
to  December  31st,  1875. 


COUNTY    OF     BARNSTABLE. 

Commonwealth  v.  David  R.  Uinn.  8.  J.  C.  Illegal  sale  of  liquor. 
Exceptions  S.  C.     Not  yet  argued. 

Commonwealth  v.  David  R.  Ginn.  S.  J.  C.  Common  seller  of 
liquor.     Exceptions  S.  C.     Not  yet  argued. 

COUNTY    OF    BERKSHIRE. 

Commonwealth  v.  Edward  Costello.  S.  J.  C.  Exceptions  S.  C. 
Liquor  nuisance.     Exceptions  overruled. 

COUNTY    OF    BRISTOL. 

Commonwealth  v.  Rosalie  A.  Thyng.  8.  J.  C.  Murder.  Not 
j-et  tried. 

Commonwealth  v.  James  Mclvor.  8.  J.  C.  Keeping  tenement 
for  the  sale  of  liquor.     Exceptions  8.  C.     P^xceptions  overruled. 

Commonwealth  v.  William  Kennedy.  8.  J.  C.  Keeping  tenement 
for  sale  of  liquor.     Exceptions  8.  C.     Plxcejitions  oxerruled. 

Commonwealth  v.  Downing  Cardoze.  8.  J.  C.  Nuisance  in. 
keeping  a  disorderly  house.  Exceptions  S.  C.  Argued,  but  not  yet 
decided. 

Commonwealth  v.  George  Hand.  8.  J.  C.  Liquor  nuisance. 
Exceptions  S.  C.     Exceptions  overruled. 

Commonwealth  v.  Alonzo  8.  Danzell.  v8.  J.  C.  Assault  and 
battery.     Exceptions  8.  C.     Exceptions  overruled. 

Commonwealth  v.  Josephine  Young.  8.  J.  C.  Nuisance  in  keeji- 
ing  a  disorderly  house.     Exceptions  8.  C.      Exceptions  waived. 

Commonwealth  v.  Ellen  L.  8raith.  8.  J.  C.  Arson.  Excep- 
tions 8,  C.     Exceptions  overruled. 

Commonwealth  v.  Lawrence  Tolliver.  8.  J.  C.  Robbery.  Ex- 
ceptions 8.  C.     Exceptions  overruled. 

Commonwealth  v.  Luke  Lee.  8.  J.  C.  Assault  on  an  officer  in 
discharge  of  his  duty.     Exceptions  8.  C.     Excejjtions  waived. 


16  ATTORNEY-GENERAL'S  REPORT.  [Jan. 

Commonwealth  v.  John  Holmes.  S.  J.  C.  Illegal  sale  of  liquors. 
Exceptions  S.  C.     Exceptions  overruled. 

COUNTY    OF    ESSEX. 

Francis  Cox  et  uxor  v.  James  Cnrwen,  Trustee.  S.  J.  C.  Bill 
against  trustee  of  public  charity.     Bill  dismissed. 

Commonwealth  v.  William  Russell.  S.  J.  C.  Murder.  Com- 
mitted to  lunatic  asylum  at  Taunton  till  the  further  order  of  the 
court,  under  Gen.  Stats.,  chap.  172,  sect.  14. 

Commonwealth  v.  Stephen  I.  Randall.  S.  J.  C.  Larceny.  Ex- 
ceptions S.  C.     Exceptions  overruled. 

Commonwealth  v.  Timothy  T.  McCarthy.  S.  J.  C.  Malicious 
burning.     Exceptions  S.  C.     Argued.     Not  yet  decided. 

Commonwealth  v.  Katie  C.  Twombly.  S.  J.  C.  Liquor  nuisance. 
Exceptions  S.  C.     Exceptions  overruled. 

Commonwealth  v.  Mary  Moylon.  S.  J.  C.  Illegal  sale  of  liquor. 
Exceptions  8.  C.     Exceptions  sustained. 

Commonwealth  v.  Henrietta  Fields.  S.  J.  C.  Illegal  sale  of 
liquor.     Exceptions  S.  C.     Exceptions  overruled. 

COUNTY    OF    FRANKLIN. 

Commonwealth  v.  Daniel  J.  Dwight  and  Herbert  R.  Davenport. 
S.  J.  C.     Murder.     Not  yet  tried. 

Commonwealth  v.  Daniel  J.  Dwight.  S.  J.  C.  Murder.  Not 
yet  tried. 

Commonwealth  v.  Herbert  A.  Davenport.  S.  J.  C.  Murder. 
Not  yet  tried. 

Commonwealth  v.  William  Schuler.  .S.  J.  C.  Illegal  sale  of  liquor 
Exceptions  S.  C.     Exceptions  waived. 

Commonwealth  v.  Cornelius  Bulman.  S.  J.  C.  Liquor  nuisance. 
Exceptions  S.  C.     Exceptions  overruled. 

COUNTY    OF    HAMPDEN. 

Commonwealth  v.  Patrick  Murphy.  8.  J.  C.  Murder.  Plea — 
guilty  of  manslaughter.     Sentence — seven  years  in  state  prison. 

COUNTY    OF     HAMPSHIRE. 

Commonwealth  v.  Certain  Intoxicating  Liquors.  (Eugene  Lynch, 
claimant.)     Liquor  seizure.     Exceptions  S.  C.     Exception  waived. 

COUNTY    OF    MIDDLESEX. 

Attorne^'-General  v.  Benjamin  F.  Woods.  S.  J.  C.  Information 
to  restrain  building  of  a  dam.     Injunction  ordered. 

Nathan  Tufts,  Jr.,  et  al.,  v.  City  of  Charlestown,  et  al.     S.  J.  C. 


1876.]  PUBLIC  DOCUMENT— No.   12.  17 

Petition  for   appointment   of  Commissioners^  etc.      Commissioners 
appointed.     Not  yet  heard. 

AttorneN'-General  v.  Boston  &  Lowell  Railroad  Company.  S.  J.  C. 
Information  for  injunction.     Injunction  ordered. 

Henry  M.  Chamberlain  et  al.  v.  Charles  H.  Stevens  et  al.  S.J.  C. 
Bill  in  eq\dty  as  to  instructions  under  a  will.  Decree  that  a  devise 
is  not  a  char  it}'. 

Eastern  Railroad  Company  v.  Samuel  E.  Chamberlain  et  al.  S. 
J.  C.  Bill  in  equity  to  enjoin  warden  of  state  prison.  Bill  dis- 
missed. 

Attorney-General,  ex  relat.  Harbor  Commissioners,  v.  Eastern 
Railroad  Company.  S.  J.  C.  Information  for  obstructing  harbor. 
Bill  dismissed. 

Attorney-General,  ex  relat.  Harbor  Commissioners,  v.  City  of 
Cambridge.  S.J.  C.  Information  for  displacing  tide-water  without 
license.     Not  yet  heard. 

Attorney-General,  ex  relat.  Harbor  Commissioners,  v.  Maj'or  and 
Aldermen  of  Cambridge.  S.  J.  C.  Information  for  displacing  tide- 
ivater  without  license.     Not  3'et  heard. 

Attorney-General,  ex  relat.  Harbor  Commissioners,  v.  City  of 
Somerville.  S.  J.  C.  Information  for  disjylacing  tide-ivater  tvithout 
license.     Not  yet  heard. 

Edward  Chapman  v.  Commonwealth.  S.  C.  Petition  for  assess- 
ment  of  damages  for  taking  land.     Petition  dismissed. 

Commonwealth  v.  Alexander  Cullen  cdias  Sandy  Cullen.  S.  J.  C. 
Murder.  Plea,  guilt}'  of  manslaughter.  Sentence,  seven  years  in 
state  prison. 

Commonwealth  v.  Dennis  Cronan.  S.  J.  C.  Exceptions  S.  C. 
Liquor  nuisance.     Exceptions  overruled. 

Commonwealth  v.  Charles  Porter  et  al.  S.  J.  C.  Assault  with 
a  knife.     Exceptions  S.  C.     Exceptions  overruled. 

Commonwealth  i>.  John  Lattinville.  S.  J.  C.  Sale  of  liquor  to  a 
minor.     Excejotions  S.  C.     Argued.     Not  yet  decided. 

Commonwealth  v.  Benjamin  F.  Colburg.  S.  J.  C.  Assault  and 
battery.     Exceptions  S.  C.     Exceptions  overruled. 

Commonwealth  v.  Hamilton  Manufacturing  Company.  S.  J.  C. 
Employment  of  ivoman  in  factory  beyond  legal  time.  Exceptions  S. 
C.     Not  yet  argued. 

Commonwealth  v.  Fitchburg  Railroad  Company.     S.  J.  C.     Loss 
of  life.     Exceptions  S.  C.     Not  yet  argued. 
3 


18  ATTORNEY-GENERAL'S  REPORT.  [Jan. 


COUNTY    OF    NORFOLK. 

Commonwealth  v.  Dennis  Carney.  S.  J.  C.  Murder.  Defend- 
ant still  in  lunatic  hospital  at  Taunton  under  Gen.  Stat.,  chap. 
172,  sect.  14. 

Commonwealth  v.  Lizzie  J.  Miller  alias  Elizabeth  J.  Miller.  S. 
J.  C.  Murder.  Plea,  guilty  of  manslaughter.  Prisoner  discharged 
on  her  own  recognizance. 

Commonwealths.  James  S.  Costley.  S.  J.  C.  Murder.  Verdict, 
guilty  of  murder  in  the  first  degree.  P^xceptions  overruled.  Sen- 
tence, death.     Prisoner  hung. 

Commonwealth  v.  David  Scannell.  S.  J.  C.  Murder.  Defend- 
ant still  in  lunatic  asylum  at  Taunton  under  Gen.  Stat.,  chap. 
172,  sect.  14. 

Commonwealth  v.  Charles  H.  Stratton.  (Two  cases.)  S.  J.  C. 
Assault.     Exceptions  S.  C,     Exceptions  overruled. 

Commonwealth  v.  Lavinia  M.  Reynolds.  S.  J.  C.  Common 
seller  of  liquor.     Exceptions  S.  C.     Exceptions  waived. 

Commonwealth  v.  James  E.  Bray.  S.  J.  C.  Liquor  nuisance. 
Exceptions  S.  C.     Exceptions  overruled. 

James  H.  Costley  v.  Commonwealth.  S.  J.  C.  Petition  for  ivrit 
of  error.     Petition  dismissed. 

Commonwealth  v.  Eli  Whitne}'  Re3uiolds.  S.  J.  C.  Assault. 
Exceptions  S.  C.     Argued.     Not  yet  decided. 

Commonwealth  v.  James  Cusick.  S.  J.  C.  Peddler.,  illegal  sale 
by.     Exceptions  S.  C.     Argued.     Not  yet  decided. 

COUNTY    OF    PLYMOUTH. 

Commonwealth  v.  William  E.  Sturtivant.  S.  J.  C.  Murder. 
Verdict,  guilty  of  murder  in  the  first  degree.  Exceptions  overruled. 
Sentence,  death.     Prisoner  hung. 

Commonwealth  v.  Christopher  Stoddard.  S.  J.  C.  Murder. 
Verdict,  guilty  of  murder  in  the  second  degree.  Sentence,  impris- 
onment in  state  prison  for  life,  one  day  solitary. 

COUNTY    OF    SUFFOLK. 

Charles  G.  Coffin  et  al.  v.  Manufacturers  and ,  Mechanics'  Bank 
of  Nantucket.     S.  J.  C.     Petition  for  injunction.     Final  decree. 

Commonwealth,  by  Insurance  Commissioner,  v.  Tremont  Mutual 
Insurance  Company.    S.  J.  C.    Petition  for  injunction.    Final  decree. 

Commonwealth,  b}^  Insurance  Commissioner,  v.  North  American 
Insurance  Company.  S.  J.C.  Petition  for  injunction.  Final  decree. 
Receivers  discharged. 

Commonwealth,  at  relation  of  the  Bank  Commissioner,  v.  Farmers 


1876.]  PUBLIC  DOCUMENT— No.   12.  19 

and  Mechanics'  Bank  of  South  Adams.  S.  J.  C.  Petition  for 
injunction.     Affairs  of  bank  still  in  hands  of  receivers. 

Commonwealth,  ex  relatione  Bank  Commissioner,  v.  Institution 
for  Savings  at  Taunton.  S.  J.  C.  Petition  for  injunction.  Affairs 
of  the  institution  still  in  the  hands  of  its  directors  acting  as  receivers. 

Commonwealth,  b}'  Insurance  Commissioner,  v.  Appleton  Mutual 
Fire  Insurance  Compan}'.  S.J.  C.  Petition  for  injunction.  Affairs 
of  the  company  still  in  the  hands  of  William  L.  Burt,  receiver. 
Final  account  filed  and  allowed. 

Commonwealth,  b}'  Insurance  Commissioner,  v.  Shawmut  Mutual 
Fire  Insurance  Company.  S.  J.  C.  Petition  for  injunction.  Affairs 
in  hands  of  receivers.     Final  account  filed. 

Commonwealth,  by  Insurance  Commissioner,  v.  Home  Mutual  Fire 
Insurance  Company.  S.  J.  C.  Petition  for  injunction.  In  hands 
of  receiver. 

Commonwealth,  by  Insurance  Commissioner,  v.  Traders'  Mutual 
Fire  Insurance  Company.  S.J.  C.  Petitioyi  for  injunction.  Affairs 
in  hands  of  receivers. 

Commonwealth,  by  Insurance  Commissioner,  v.  Hamilton  Mutual 
Fire  Insurance  Company.  S.J.  C.  Petition  for  injunction.  Affairs 
in  hands  of  receivers. 

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- 
pany. S.  J.  C.  Petitions  for  injunctions.  Affairs  of  the  com- 
panies in  hands  of  receivers. 

Commonwealth,  b}^  Deputy  Insurance  Commissioner,  v.  Prescott 
Fire  and  Marine  Insurance  Company.  Same  v.  National  Insurance 
Company.  Same  v.  Boylston  Fire  and  Marine  Insurance  Company. 
Same  v.  Exchange  Insurance  Compan}-.  Same  v.  Tremont  Insur- 
ance Company.  Same  v.  Boston  Insurance  Company.  Same  v. 
Suffolk  Fire  Insurance  Company.  Same  v.  Firemen's  Insurance 
Company.  Same  v.  Howard  Fire  Insurance  Company.  Same  v. 
Manufacturei's'  Insurance  Company.  Same  v.  Mutual  Benefit  Fire 
Insurance  Company.  Same  v.  Shoe  and  Leather  Dealers'  Fire  and 
Marine  Insurance  Company.  Same  v.  Union  Mutual  Fire  Insurance 
Company.  Same  v.  Bay  State  Fire  Insurance  Company.  Same  v. 
Merchants'  Insurance  Company  in  Boston.  Same  v.  Boot  and  Shoe 
Manufacturers'  Mutual  Fire  Insurance  Compan3\  Same  v.  Franklin 
Insurance  Company.  Same  v.  Neptune  Insurance  Company.  Same 
V.  Washington  Insurance  Compan}-.  Same  v.  Mechanics'  Mutual 
Fire  Insurance  Company.  Same  v.  People's  Fire  Insurance  Com- 
pany. S.  J.  C.  Petitions  for  injunctions.  Affairs  of  the  companies 
in  the  hands  of  receivers. 


20  ATTORNEY-GENERAL'S  REPORT.  [Jan. 

Commonwealth,  by  Insurance  Commissioner,  v.  Massachusetts 
Mutual  Fire  Insurance  Company.  S.  J.  C.  Petition  for  injunction. 
Affairs  of  the  company  in  hands  of  receivers. 

Commonwealth,  by  Insurance  Commissioner,  v.  Unity  Mutual 
Life  Insurance  Company.  S.J.  C.  Petition  for  injunction.  Affairs 
of  the  company  in  hands  of  receivers. 

Attorne^'^-General  v.  William  H.  Gardiner.  S.  J.  C.  Informa- 
tion for  violation  of  restrictions  in  deeds  of  lands  on  Commonicealth 
Avenue.     Decree  perpetually  enjoining  respondent  ordered. 

Attorney-General,  ex  relat.  Harbor  Commissioners,  v.  William  T. 
Hart  et  al.,  Trustee.  S.  J.  C.  Information  for  injunction.  Tem- 
porary injunction  refused. 

George  S.  Montague  v.  Boston  and  Albany  Railroad  et  cd.  S.  J.  C. 
Bill  in  equity  to  redeem  a  mortgage.     Not  3'et  heard. 

Attorney-General,  ex  reloA.  Railroad  Commissioners,  v.  Boston 
&  Barre  Railroad  Company.  Same  v.  Springfield,  Athol  & 
North-Eastern  Railroad  Compan3\  S.  J.  C.  Informations  for 
crossing  railroads  at  grade.     Informations  dismissed. 

Attorney-General,  ex  relat.  State  Board  of  Health,  v.  Henry  Zol- 
ler.  Same  v.  Eugene  Kelly.  S.  J.  C.  Informations  to  restrain 
slaugJiter-houses.     Final  decree  perpetually  restraining  respondents. 

Attorne3'-General,  ex  relat.  State  Board  of  Health,  v.  George 
Bowman.  Same  v.  Walter  L.  Wilkins.  S.  J.  C.  Informations  to 
restrain  slaughter-houses.     Temporary  injunctions  issued. 

Attorney-General,  ex  relat.  Harbor  Commissioners,  v.  Eastern 
Railroad  Company.  S.  J.  C.  Information  for  filling  flats  without 
a  license.     Temporary  injunction  issued. 

In  re  Four  Farm  Oil  Compan}".  S.  J.  C.  Petition  for  dissolution 
of  corporation.     Dismissed  for  want  of  prosecution. 

In  re  Boston  Bennyhoff  Reserve  Oil  Company'.  S.  J.  C.  Peti- 
tion  for  dissohdion  of  corporation.  Dismissed  for  want  of  prosecu- 
tion. 

Attorney-General,  ex  relat.  Treasurer,  v.  South  Pewabic  Copper 
Compan3\  Same  v.  Winthrop  Manufacturing  Company.  Same  v. 
United  States  Manufacturing  Company.  Same  v.  American  Furni- 
ture Company.  Same  v.  Canadian  Stop  Motion  Compan3-.  S.  J.  C. 
Informations  for  taxes.     Temporary  injunctions  still  in  force. 

Attorne3'-General,  ex  relat.  Treasurer,  v.  Harbor  Improvement 
Compan3\  Same  v.  Improved  Rotary  Heel  Compan3-.  Same  v. 
Pemigewasset  and  Saco  Land  and  Lumber  Compan3'.  Same  v.  Vil- 
lage Horse  Nail  Company.  Same  v.  Faneuil  Hall  Insurance  Com- 
pan3-.  Same  v.  Suffolk  Milling  Company.  Same  v.  Swain  Turbine 
and  Manufacturing  Company.  Same  v.  New  England  Hod  Elevat- 
ing Company.     Same  v.  Union  Treadle  Company.     Same  v.  Wol- 


1876.]  PUBLIC  DOCUMENT— No.  12.  21 

laston  Foundry  Company.  Same  v.  National  Needle  Company. 
Same  v.  Boston  Needle  Company.  Same  v.  Bradlej^  Fertilizer 
Company.  Same  v.  Gary  Improvement  Compan}'.  Same  v.  Chap- 
man Valve  Manufacturing  Company.  Same  v.  Harbor  Improve- 
ment. Same  *'.  Clark  W.  Brj-an  Company.  S.  J.  C.  Informations 
for  taxes.     Taxes  collected  and  informations  dismissed. 

Attorney-General,  ex  relat.  Treasurer,  v.  Springfield  and  New- 
buryport  Cooperative  Mining  Company.  Same  v.  United  States 
Electric  Light  Company.  Same  v.  Peet  Molding  Machine  Corn- 
pan}'.  Same  v.  India  Manufacturing  Company.  S.  J.  C.  Inform- 
ations for  taxes.     Temporary  injunctions  issued. 

Attorney-General,  ex  relat.  Treasurer,  v.  Morgan  Envelope  Com- 
pany. Same  v.  Boston  Diatite  Company.  Same  v.  Grafton  Mills. 
Same  v.  Worcester  Casket  Company.  S.  J.  C.  Informations  for 
taxes.     Not  yet  heard. 

Attorney-General,  ex  relat.  Commissioner  of  Corporations,  v.  Re- 
vere Brick  Company.  S.  J.  C.  Information  for  not  making  returns. 
Temporarj'  injunction  still  in  force. 

Attorney-General,  ex  relat.  Commissioner  of  Corporations,  v. 
American  Railway  Frog  Company.  S.  J.  C.  Information  for  not 
making  returns.     Temporar}'^  injunction  issued. 

Attorney-General,  ex  relat.  Commissioner  of  Corporations,  v. 
American  Gas  Lighting  Company.  Same  v.  Steel  Tempering  and  Re- 
fining Company.  S.  J.  C.  Informations  for  not  making  returns. 
Returns  made,  costs  paid  and  informations  dismissed. 

Attorney -General,  ex  relat.  Commissioner  of  Corporations,  v. 
Vineyard  Telegraph  Compan}'.  S.  J.  C.  Information  for  not  mak- 
ing returns.     Not  3'et  heard. 

Commonwealth  v.  Edwin  B.  Dow.  S.  C.  Tort  against  insurance 
agent  for  tax.  Defendant  defaulted  and  case  continued  for  judg- 
ment. 

Commonwealth  v.  Samuel  Gould.  S.  J.  C.  Action  on  receiver's 
bond.     Judgment  for  amount  of  bond.     .Judgment  satisfied. 

Charles  Adams,  Jr.,  Treasurer,  v.  Bengal  Bagging  Compan3^ 
S.  C.  Contract  for  corporation  tax.  Tax  paid.  Neither  party  en- 
tered. 

Charles  Adams,  Jr.,  Treasurer,  v.  Boston  and  Lowell  Railroad 
Compau}-.  Municipal  Court  for  city  of  Boston.  Contract  for  tax. 
Judgment  for  plaintiff.     Judgment  satisfied. 

Commonwealth  v.  Charles  W.  Sproat  et  al.  S.  C.  Contract  on 
insurance  agent's  bond.     Judgment  for  plaintiflJ".  Judgment  satisfied. 

Commonwealth  v.  Charles  E.  Lane  et  cd.  Same  v.  William  H. 
Gerrish  et  cd.  Same  v.  Walter  S.  Edwards  et  al.  Same  v.  Joseph 
W.  Kinsley.     S.  C.     Action  on  insurance  agent's  bond.    Taxes  paid. 


22  ATTORNEY-GENERAL'S  REPORT.  [Jan. 

Commonwealth  v.  William  H.  Gerrish  et  al.  Same  v.  John  A. 
Smith  et  al.  S.  C.  Actions  of  contract  on  insurance  agents^  bonds. 
Not  yet  heard. 

Commonwealth  v.  Eastern  Railroad  Company.  S.  C.  Contract 
for  land  in  Charlestown  sold  to  company.     Purchase  money  paid. 

Commonwealth  v.  Charles  A.  Shaw  et  al.  S.  C.  Contract  on  in- 
surance agent's  bond.     Tax  paid. 

Commonwealth  v.  Abraham  Jackson  et  al.  S.  J.  C.  ContrliCt  on 
receiver's  bond.     Not  yet  heard. 

In  re  John  J.  Williams.  S.  J.  C.  Petition  to  sell  real  estate. 
Not  yet  heard. 

In  re  David  R.  Brown.  S.  J.  C.  Petition  for  habeas  corpus  ex- 
cessive bail.     Petition  dismissed. 

In  re  David  R.  Brown.  S.  J.  C.  Petition  for  habeas  corpus. 
Petition  dismissed. 

In  re  Margaret  Callanan.  S.  J.  C.  Petition  for  habeas  corpus. 
Prisoner  remanded. 

Commonwealth  v.  Thomas  Branning  alias  Thomas  Brennan.  S. 
J.  C.     Murder.     Defendant  still  in  lunatic  asylum. 

Commonwealth  v.  Jesse  Harding  Pomero3\  S.  J.  C.  Murder. 
Verdict,  guilty  of  murder  in  the  first  degree.  Exceptions  overruled. 
Sentence,  death. 

RP^Commonwealth  v.  George  W.  Pemberton.  S.  J.  C.  Murder. 
Verdict,  guilty  of  murder  in  the  first  degree.  Exceptions  overruled. 
Sentence,  death. 

Commonwealth  v.  Daniel  Friel.  S.  J.  C.  Murder.  Verdict, 
guilty  of  murder  in  the  second  degree.  Sentence,  imprisonment 
for  life. 

Commonwealth  v.  Michael  Harris.  S.  J.  C.  Murder.  Verdict, 
guilty  of  murder  in  the  second  degree.  Sentence,  imprisonment 
for  life. 

Commonwealth  v.  Thomas  Cahill.  S.  J.  C.  Murder.  Prisoner 
discharged  on  his  own  recognizance. 

Commonwealth  v.  John  Dennehy  and  Julia  W.  McCarthy.  S.  J. 
C.     Murder.     Discharged  on  their  own  recognizances. 

Commonwealth -y.  Peter  Larachelle.  S.J.C.  Murder.  Verdict, 
not  guilty. 

Commonwealth  v.  Jesse  Harding  Pomeroy.  S.  J.  C.  Murder. 
Not  yet  tried. 

Commonwealth  v.  Louisa  Surrey.  S.  J.  C.  Murder.  Not  _yet 
tried. 

Commonwealth  v.  William  Kelley.  S.  J.  C.  Murder.  Not  yet 
tried. 


1876.]  PUBLIC  DOCUMENT— No.   12.  23 

Commonwealth  v.  Thomas  W.  Piper.  S.  J.  C.  Murder.  No 
verdict.     Jury  disagreed  and  were  discharged.     Not  yet  tried  again. 

Francis  Fitzpatrick  v.  Commonwealth.  S.  J.  C.  Writ  of  error. 
Writ  dismissed. 

James  Mahan  alias  James  Creamer  v.  Commonwealth.  S.  .J.  C. 
Writ  of  error.     Writ  dismissed. 

James  Crimm  ?;.  Commonwealth.  S.  J.  C.  Writ  of  error.  Judg- 
ment affirmed. 

Commonwealth  v.  Certain  Intoxicating  Liquor  (Simeon  S.  Ran- 
kin, claimant.)  (Two  cases.)  S.  J.  C.  Exceptions  S.  C.  Pro- 
ceeding for  forfeiture.     Exceptions  sustained. 

Commonwealth  v.  Charles  L.  Bean.  S.  J.  C.  Receiving  stolen 
goods.     Exceptions  S.  C.     Exceptions  overruled. 

Commonwealth  v.  Patrick  Nagle,  S.  J.  C.  Violation  of  Lord's 
Day.     Exceptions  S.  C.     Exceptions  overruled. 

Commonwealth  v.  Samuel  W.  DoUinger.  S.  J.  C.  Forgery. 
Exceptions  S.  C.     Exceptions  sustained. 

Commonwealth  v.  Robert  Susan.  S.  J.  C.  Receiving  stolen  goods. 
Exceptions  S.  C.     Exceptions  overruled. 

Commonwealth  r.  G.  Henrj'' Wheatland.  S.  J.  C.  Keejjing  naph- 
tha for  sale.     Exceptions  S.  C.     Exceptions  overruled. 

Commonwealth  v.  James  H.  Bennett.  S.  J.  C.  Embezzlement. 
Exceptions  S.  C.     Exceptions  overruled. 

Commonwealth  v.  Charles  M.  Davis.  S.  J.  C.  Cruelty  to  animals. 
Exceptions  S.  C.     Exceptions  overruled. 

Commonwealth  y.  John  Butland.  S.J.  C.  Perjury.  Exceptions 
S.  C.     Exceptions  overruled. 

Commonwealth  v.  Cornelius  Mahoney.  S.  J.  C.  Burglary.  Excep- 
tions S.  C.     Exceptions  waived. 

Commonwealth  v.  Certain  Personal  Property.  (Nelson  Tibbetts, 
claimant.)  S.J.  C.  Condemnatio7i  of  gaming  implements.  Excep- 
tions S.  C.     Exceptions  overruled. 

Commonwealth  v.  Timoth}-  O'Brien.  S.  J.  C.  Assault  ivith  a 
knife.     Exceptions  S.  C.     Exceptions  sustained. 

Commonwealth  v.  William  Fredericks.  S.  J.  C.  Sale  of  liquor. 
Exceptions  S.  C.     Exceptions  overruled. 

Commonwealth  v.  Thomas  Curran.  S.  J.  C.  Illegal  sale  of  liquor. 
Exceptions  S.  C.     Exceptions  overi'uled. 

Commonwealth  v.  George  T.  Malloy.  S.  J.  C.  Rescue  of  a  pris- 
oner.    Exceptions  S.  C.     Exceptions  overruled. 

Commonwealth  w.  Lovell  K.  Currier.  S.J.  C.  Perjury.  Excep- 
tions S.  C.     Bill  of  exceptions  dismissed. 

Commonwealth  v.  Jeremiah  Greenlaw.  Subornation  of  perjury. 
Exceptions  S.  C.     Bill  of  exceptions  dismissed. 


24  ATTORNEY-GENERAL'S  REPORT.  [Jan. 

Commonwealth  v.  Nathaniel  Lord.  S.  J.  C.  Having  in  posses- 
sion, with  intent  to  sell,  corrupt  meat.  Exceptions  S.  C.  Exceptions 
overruled. 

Commonwealth  v.  John  F.  Costello.  S.  J.  C.  Forgery.  Excep- 
tions S.  C.     Exceptions  sustained. 

Commonwealth  v.  John  English  et  al.  S.  J.  C.  Breaking  and 
entering  ivith  intent  to  steal.     Exceptions  S.  C.     Exceptions  waived. 

Commonwealth  v.  David  R.  Brown.  S.  J.  C.  Abortion.  Excep- 
tions S.  C.     (Two  bills.)     Not  yet  argued. 

Commonwealth  v.  Boston  &  Albany  Railroad  Company.  S.  J.  C. 
Loss  of  life.     Exceptions  S.  C.     Not  yet  argued. 

COUNTY   OF    WORCESTER. 

City  of  Worcester  v.  Francis  H.  Kelley  et  al.  S.  J.  C.  Bill  in 
equity  to  he  relieved  from  fulfilling  provision  in  tvill  of  George  Jaques. 
Not  yet  heard. 

City  of  Worcester  v.  Francis  H.  Kelley  et  al.  S.  J.  C.  Petition 
to  sell  real  estate.     Not  yet  heard. 

Commonwealth,  by  Commissioner  of  Savings  Banks,  v.  Lancaster 
Savings  Bank.  S.  J.  C.  Petition  for  injunction  and  receivers. 
Affairs  of  bank  in  hands  of  receivers. 

Commonwealth  v.  Samuel  J.  Frost.  S.  J.  C.  Murder.  Verdict, 
guilty  of  murder  in  the  first  degree.  Motion  for  a  new  trial.  Not 
yet  heard. 

Commonwealth  v.  Joseph  H.  Brough.  S.  J.  C.  Murder.  Nol. 
pros,  entered. 

Commonwealth  v.  John  Callahan.  S.  J.  C.  Assault.  Excep- 
tions S.  C.     Exceptions  waived. 

Commonwealth  v.  Thomas  McQuaid.  S.  J.  C.  Liquor  nuisance. 
Exceptions  S.  C.     Exceptions  waived. 

Commonwealth  v.  Owen  Filburn  et  al.  S.  J.  C.  Aiding  in  an 
esca])e  fro7n  an  officer.     Exceptions  S.  C.     Exceptions  sustained. 

Commonwealth  v.  Frederick  E.  Lamb.  S.  J.  C.  Assaidt  with 
intent  to  ravish.     Exceptions  S.  C.     Exceptions  waived. 

Commonwealth  v.  David  B.  Tiffany-.  S.  J.  C.  Illegal  fishing. 
Verdict,  guilty.     Case  reported.     Judgment  on  verdict. 

Commonwealth  v.  E.  W.  Whitman.  S.  J.  C.  Cruelty  to  animals. 
Exceptions  S.  C.     Exceptions  overruled. 

Commonwealth  v.  George  R.  Henry.  S.  J.  C.  Forgery.  Excep- 
tions S.  C.     Exceptions  overruled. 


1876.]  PUBLIC  DOCUMENT— No.  12.      .  25 


SUPREME    COURT    OF   THE    UNITED    STATES. 

Boston  Beer  Company  v.  Commonwealth.  Writ  of  error.  Not 
yet  argued. 

Joseph  T.  Barry  v.  Commonwealth.  Writ  of  error.  Not  yet 
argued. 

CIRCUIT    COURT    OF    THE    UNITED    STATES. 

Thomas  Baring  et  al.  v.  Charles  S.  Bradley  et  al.  Bill  of  inter- 
pleader.    Decree  against  the  Commonwealth. 

DISTRICT    COURT    OF   THE   UNITED    STATES. 

Massachusetts  Glass  Compan}',  in  bankruptcy.  Claim  for  tax. 
Tax  collected. 

Hingham  Manufacturing  Company,  in  bankruptcy.     Claim  for  tax. 
Tax  not  yet  collected. 
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