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

t ' 







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, 





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. 
4 



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