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,
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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