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PUBLIC DOCUMENT No. 12. 



ANNUAL REPORT 



ATTORNEY-GENERAL, 



Year ending December 31, 1876. 



BOSTON: 
ALBERT J. WRIGHT, STATE PRINTER, 

79 Milk Street (corner of Federal). 

1877. 



PUBLIC DOCUMENT No. 12, 



ANNUAL REPORT 



ATTORNEY-GENERAL, 



Year ending December 31, 1876. 



BOSTON: 

ALBERT J. WRIGHT, STATE PRINTER, 
79 Milk Street (corner of Federal). 

1877. 



Commonujcaltl) ot ittassadjusctte. 



Attorney-General's Office, i 
Boston, 7 Court Square, Jan. 30, 1877. \ 

To the Honorable the Speaker of the House of Representatives : 

I have the honor to submit to the Legislature my official 
Report for the year ending December 31, 1876. 

The number of applications for requisitions upon the execu- 
tives of other States, for the rendition of fugitives from justice, 
has been twenty-four; the number complied with, seventeen; 
the number refused, seven ; the number of criminals reported 
as returned under requisitions for trial, five. 

The number of requisitions from other States upon the ex- 
ecutive of this Commonwealth, has been eleven ; the number 
complied with, eight; the number refused, three. The whole 
expense to the Commonwealth, incurred in the return of 
fugitives from justice, as appears in the accounts of the 
auditor, is $579.63. 

The whole number of cases in the courts of the Common- 
wealth which have required my personal attention, is 223, 
classified as follows : — 



Indictments for capital crimes, 

Exceptions, appeals, and reports in criminal cases, . 
Informations at the relation of the treasurer, .... 
Informations at the relation of the commissioner of corporations, 
Informations at the relation of the harbor commissioners, 
Informations at the relation of the insurance commissioner, . 
Informations at the relation of the state board of health, . 
Informations at the relation of private persons, 

Informations, 

Petitions by the insurance commissioner, ...... 

Petitions by the board of commissioners of savings banks, 



24 

75 

37 

10 

1 

1 

2 

5 

6 

31 

3 



4 ATTORNEY-GENERAL'S REPORT. [Jan. 

Bills in equity, involving public chanties, 2 

Miscellaneous in state courts, 19 

Cases in courts of the United States, 7 



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

In the County of Berkshire. 

1. An indictment -against William H. Erwin, for the mur- 
der of Royal H. Plumb, at North Adams, by shootipg with a" 
pistol. This indictment was returned by the grand jury at the 
July term of the superior court. The defendant was put on 
his trial, October 11th, before Mr. Chief Justice Gray and Mr. 
Justice Endicott. Defence, justifiable homicide. Verdict, 
guilty of manslaughter, and October 13th Erwin was sen- 
tenced to the state prison for the term of twelve years, one 
day solitary confinement. Messrs. Samuel Bowerman and 
Marshall Wilcox conducted the defence, and Mr. District 
Attorney E. H. Lathrop assisted me in the prosecution. 

2. An indictment against Charles Wood, for the murder of 
Hannah Maria Hazard, at Otis, by blows with an axe. This 
indictment was returned by the grand jury on the fourth 
Monday of October last, and is set down for trial on the sixth 
day of February next. 

In the County of Bristol. 

3. An indictment against Rosalie A. Thyng, for the murder 
of George H. Thyng, at Fall River, by poison. This indict- 
ment was returned by the grand jury at the December term 
of the superior court, 1875. The defendant was put on her 
trial, May 23d, before Justices Ames and Devens, and re- 
sulted in a verdict of not guilty. The trial occupied three 
days. Messrs. N. P. Hathaway and Henry K. Braley con- 
ducted the defence, and Mr. District Attorney Marston assisted 
me in the prosecution. 

4. An indictment against Luke Hughes, for the murder of 
Peter Rowan, at Fal[ River, by shooting. This indictment 
was returned at the September term of the superior court by 



1877.] PUBLIC DOCUMENT— No. 12. 5 

the grand jury, on the second Monday of September. I 
accepted a plea of guilty of manslaughter, and Hughes was 
sentenced to the state prison for the term of eight years, one 
day solitary confinement. 

In the County of Franklin. 

5. An indictment against Daniel J. Dwight and Herbert A. 
Davenport. 

6. An indictment against Daniel J. Dwight. 

7. An indictment against Herbert A. Davenport. 

These three indictments were for the murder of Joseph 
Riley Farnsworth. They were returned at the November 
term of the superior court, 1875. On the sixteenth day of 
May last, I accepted a plea of guilty of murder in the second 
degree upon the first indictment, and the defendants were 
sentenced to imprisonment for life, one day solitary confine- 
ment, and the other indictments were nol prosed. 

In the County of Middlesex. 

8. An indictment against Lucy Ann Mink, alias Mank, for 
shooting Charles Ricker, at Lowell, with a pistol. This in- 
dictment was returned by the grand jury at the October term 
of the superior court. Owing to the illness of the counsel 
assigned for her defence, the trial, which was assigned for 
December 26th, was postponed, and the indictment is still 
pending. 

In the County of Suffolk. 

9. An indictment against Thomas W. Piper, for the murder 
of Mabel Young. This indictment was pending at the date 
of my last report, a previous trial, occupying nine days, 
having resulted in a disagreement of the jury. The defend- 
ant was again put upon his trial, on the thirty-first day of 
January last, before Justices Colt and Lord. The trial 
occupied six days, and the defendant was found guilty of 
murder in the first degree. Exceptions were taken by the 
defendant to various rulings of the court during the trial, 
which were argued before the full court on the sixteenth day 
of March last, overruled on the 20th, and on the 27th the 
defendant was sentenced to death, and'the sentence has been 



6 ATTORNEY-GENERAL'S REPORT. [Jan. 

executed. This cause, from the remarkable circumstances at- 
tending the commission of the crime, the previously supposed 
good character of the defendant, the pertinacity with which 
he was defended, his final conviction and subsequent confession, 
has passed into history as one of the most remarkable in the 
administration of criminal jurisprudence. Messrs. Edward 
Avery and E. P. Brown conducted the defence, and Mr. 
District Attorney Stevens assisted me in the prosecution. 

11. An indictment against William Kelley, for the murder 
of Thomas P. Pulsifer. This indictment was pending at the 
date of my last report. I became satisfied, upon the most 
thorough investigation, that the evidence would not justify 
me in putting the defendant upon his trial, and he was dis- 
charged upon his own recognizance. 

12. An indictment against William Cook, for the murder 
of Daniel Sexton, alias Charles Mann, a fellow-convict in the 
house of correction at South Boston, by a blow with a bottle. 
This indictment was returned by the grand jury at the 
February term of the superior court, and on the twelfth day 
of June, I accepted a plea of murder in the second degree, 
and Cook was sentenced to the state prison for life, one day 
in solitary confinement. 

13. An indictment against Giovanni Giovachini, for the 
murder of Avegnone Nicola, at Boston, by cutting his throat 
with a razor. This indictment was returned by the grand 
jury at the August term of the superior court, and on the 
eleventh day of December the defendant was put upon his 
trial before Mr. Chief Justice Gray and Mr. Justice Ames. 
Defence, justifiable homicide. The jury returned a verdict 
of guilty of murder in the second degree, and the prisoner 
was sentenced to state prison for life, one day in solitary con- 
finement. Messrs. James A. Maxwell and Martin Griffin, 
Esqrs., conducted the defence, and Mr. District Attorney 
Stevens assisted me in the prosecution. 

14. An indictment against John Fean, for the murder of 
Daniel McCarty, at Boston, with a razor. I accepted a plea 
of guilty of murder in the second degree, and on the eleventh 
day of December he was sentenced to imprisonment for life, 
one day in solitary confinement. 



1877.] PUBLIC DOCUMENT— No. 12. 7 

15. An indictment against Louisa Surrey, for infanticide. 
This indictment was pending at the date of my last report. 
Upon an examination of this case, I advised the District 
Attorney that the defendant should be indicted under section 
11 of chapter 165 of the General Statutes, which was done, 
and I entered a nol pros, upon this indictment. 

16. An indictment against Adam Hohn, for the murder of 
William Fleming, at Boston, by shooting with a gun. This 
indictment was returned by the grand jury at the December 
term of the superior court. Upon an examination of the facts 
in this case, 1 advised that an indictment for manslaughter 
should be returned in the superior court, which was done, 
and I therefore nol jwos'd this indictment. 

In the County of Worcester. 

17. An indictment against Samuel J. Frost, for the murder 
of Frank B. Towne. This indictment was pending at the 
date of my last report, upon a motion for a new trial, the 
defendant having previously, in November, been convicted of 
murder in the first degree, and sentenced to death. The 
motion for a new trial was subsequently overruled, and the 
sentence has been executed. 

18. An indictment against John W. Murphy, for the mur- 
der of John Bullard, at Shrewsbury, by blows with a hatchet. 
This indictment was returned by the grand jury at the Sep- 
tember term of the superior court, and on the fifth day 
of December the defendant was put upon his trial before 
Justices Colt and Devens. Defence, a general denial. The 
jury returned a verdict of guilty of murder in the second 
degree, and Murphy was sentenced to state prison for life, 
one day solitary confinement. Messrs. John R. Thayer 
and Alexander G. Bullock conducted the defence, and Mr. 
District Attorney Staples assisted me in the prosecution. 

I respectfully dissent from the views expressed by the 
Judicial Commission, recommending the transfer of jurisdic- 
tion in capital cases from the supreme judicial court to the 
superior court. I am not aware that members of the latter 
court are more familiar with the principles of the criminal law 
than those of. the former. A majority of the members of the 



8 ATTORNEY-GENERAL'S REPORT. [Jan. 

supreme judicial court were promoted to that bench from 
the bench of the superior court, and it cannot with propriety 
be claimed that a large experience at nisi prius is necessary 
in order to determine the legal questions which arise in crimi- 
nal cases. I am quite sure that the arrangement suggested in 
the report of the Commission would increase the delay in 
capital trials, which are now, under the present arrangement, 
disposed of speedily ; exceptions are certified immediately to 
the full court, and disposed of without the delay of waiting for 
the regular law term. My review of the capital cases for the 
past year shows but two indictments pending at its close, both 
of which would have been disposed of by the court, if the 
Commonwealth and the parties had been ready. This result is 
entirely due, in my judgment, to the present system of trials, 
and would not occur under the system proposed by the Com- 
mission, if I comprehend the time now occupied by the judges 
of the superior court in the performance of their judicial 
duties. 

The traditions of the Commonwealth have hitherto required 
the highest crime known to the law to be tried in the highest 
tribunal of the Commonwealth, and with the solemnity due to 
the magnitude of the crime. Unless the time has arrived for 
the abolition of the death penalt}', and the placing of the 
crime of murder in the same category with other crimes, I 
am opposed to the change suggested. 

I respectfully recommend to the Legislature the propriety 
of so changing the forms of indictment in criminal cases as 
to ensure greater simplicity of criminal procedure, and thus 
diminish merely technical defences, and bring prosecutions to 
a more speed}' termination. In the language of one of my pre- 
decessors, "I have no doubt that a judicious revision of the 
forms of indictment and criminal pleading may be made, which 
shall be obnoxious to no constitutional objection, and deprive 
the accused of no just rights, but shall afford in all cases ample 
opportunities for a full defence on the merits, with no less 
information of the particulars of the crime charged than is now 
given, and yet sweep away forever numerous technical objec- 
tions which always operate to dehvy convictions, and not 
unfrequently to secure the escape altogether of the guilty." 



1877.] PUBLIC DOCUMENT— No. 12. 9 

I further recommend the passage of a provision similar to 
that found in the Revised Statutes of the United States, title 

13, chap. 18, sect. 1,025, which provides that no indictment 
found by a grand jury . . . shall be deemed insufficient, 
nor shall the trial, judgment, or other proceeding thereon be 
affected by any defect or imperfection in matter of form only, 
which shall not tend to the prejudice of the defendant. 

In 1874 a statute (Stat. 1874, chap. 79) was passed on my 
recommendation, making the fraudulent conversion of funds 
by receivers or other officers appointed by a court of record, 
a crime. I would suggest the propriety of extending the 
provisions of that Act to trustees holding property on an 
express trust created by an instrument in writing, and to 
administrators, executors, and guardians. 

I would respectfully call the attention of the Legislature to 
the fact, that there is no provision of law requiring judges 
of probate courts and trial justices of juvenile offenders to 
make returns of the criminal cases pending before them each 
year. The fact seems to have arisen from an inadvertance on 
the part of the Legislature when creating the office of trial 
justice of juvenile offenders, and giving to judges of probate 
courts jurisdiction over such offenders, in not extending to 
those magistrates the provisions of General Statutes, chapter 

14, section 12. 

I respectfully renew my recommendations of last year, that 
the Legislature should establish a uniform system of taxation 
of costs by municipal, police, and district courts and trial 
justices, and of officers whose compensation depends upon 
fees taxed for their services. 

I respectfully call the attention of the Legislature to the 
means which the law gives the Attorney-General of enforcing 
a compliance with the statute of 1870 (chap. 224, sects. 33, 
34, and 35), requiring from all corporations annual returns of 
their condition. The remedies given for enforcing the making 
of these returns, are an action of tort for a penalty, and an 
information for an injunction, restraining the further prosecu- 
tion of the corporate business till the returns are made (Stat. 
1870, chap. 224, sect. 60). 

The action of tort is a very feeble remedy ; the bringing of 
an information involves a great deal of unnecessary trouble, 

2 



10 ATTORNEY-GENERAL'S REPORT. [Jan. 

because the statute does not provide that it may be brought 
in Suffolk County, as informations under Statute 1865, chap- 
ter 283, section 14, and all actions brought in the name of or 
to recover money due the Commonwealth may be brought 
(Stat. 1866, chap. 233). As the number of delinquent cor- 
porations is now very large, and is yearly increasing, I would 
suggest the propriety of allowing an information to be brought 
for the penalty as well as for the injunction, and of allowing 
the information to be brought in Suffolk County. 

Of corporation taxes, there have been collected and paid 
into the treasury of the Commonwealth, during the year, by 
this office, $6,724.28. 

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 has, by agreement of parties, 
been referred to Mr. Chief Justice Gray, whose adjudication 
thereon is to be final. 

Of the insolvent insurance companies, final decrees have 
been entered in twelve since my last report ; the others, I 
trust, will be finally disposed of during this year. 

The sum of $193.37 has been expended under the provisions 
of section 24 of chapter 14 of the General Statutes, for the 
contingent expenses of civil actions. 

Tables are herewith transmitted, showing the details of the 
cases which have been under my charge during the year. 

I am, very respectfully, 

Your obedient servant, 

CHAS. R. TRAIN. 



1877.] 



PUBLIC DOCUMENT— No. 12. 



11 



TABLE 

Showing the Number of Criminal Cases pending on questions of Law 
in the Supreme Judicial Court during the year 1876, and the 
disposition thereof by Counties. 



COUNTIES. 



•2 g 



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



34 
6 



26 
4 



59 



6 

2 

12 



12 



ATTORNEY-GENERAL'S REPORT. 



[Jan. 



TABLE 



Showing the Number and Character of Criminal Cases pending on 
questions of Law in the Supreme Judicial Court during the year 
1876, and the disposition thereof. 







, 


0> 


^ 








a 

o 


JS 


& 






6« 






o 


■a 


OFFENCES. 


■3 


<2 'a 


ti 2! 
a > 


3 

J3 . 


3 








o 


•3 


c3 




a 


!S 3 


■2 3 

■§ a 


■O -o 


t 




C3 


s a 


1 6 


f« -S 


o 




o 





Q 


< 


"A 


Abortion, 


3 


2 


1 






Adultery, 


3 


3 


- 


- 


- 


Assault and battery, .... 


3 


3 


- 


- 


- 


Breaking and entering, 


2 


1 


1 


- 


- 


Conspiracy, 


1 


1 


- 


- 


- 


Embezzlement, ..... 


1 


- 


1 


- 


- 


Extortion, 


2 


1 


1 


- 


- 


Forgery, 


S 


3 


- 


- 


- 


Illegal voting, 


1 


1 


- 


- 


- 


Larceny, ...... 


3 


2 


1 


- 


- 


Liquor, common seller of, . 


2 


2 


- 


- 


- 


Liquor, illegal sale of, 


10 


9 


- 


- 


1 


Liquor, keeping with intent to sell, . 


7 


7 


- 


- 


- 


Liquor nuisance, .... 


1 


1 


- 


- 


- 


Liquor, sale to minor, 


1 


- 


1 


- 


- 


Liquor seizure, 


4 


3 


- 


1 


-' 


Lord's Day, violation of law of, 


1 


1 


- 


- 


- 


Loss of life, 


2 


- 


2 


- 


- 


Malicious burning, .... 


1 


1 


- 


- 


_ 


Manufacturer, illegal employment of 












woman by, 


1 


1 


- 


- 


— 


Manslaughter, 


1 


1 


- 


- 


- 


Municipal ordinance, violation of, 


3 


2 


. 1 


- 


- 


Murder, 


1 


1 


- 


- 


»- 


Nuisance, highway, .... 


1 


- 


1 


- 


- 


Nuisance, in keeping disorderly 












house, 


3 


3 


- 


- 


- 


Obtaining money under false pre- 












tences, 


1 


1 


- 


- 


- 


Pedler, illegal sale by, 


1 


1 


- 


- 


- 


Perjury, 


2 


1 


- 


- 


1 


Polygamy, 


2 


2 


- 


- 


- 


Receiving stolen goods, 


2 


2 


- 


- 


- 


Selling adulterated milk, . 


1 


1 


- 


- 


- 


Subornation of perjury, 


1 


1 


- 


- 


- 


Miscellaneous on writs of error, 


4 


1 


2 


1 


- 


Totals, 


lb 


59 • 


12 


2 


2 



1877.] PUBLIC DOCUMENT— No. 12. 13 



CASES 

Argued and Conducted by the Attorney-General from January 1 
to December 31, 1876. 



COUNTY OF BARNSTABLE. 

Commonwealth v. David E. Ginn. S. J. C. Illegal sale of liquor. 
Exceptions S. C. Exceptions waived. 

Commonwealth v. David R. Ginn. S. J. C. Common seller of 
liquor. Exceptions S. C. Exceptions waived. 

Commonwealth v. Prince W. Kenney, alias William Kenney. 
S. J. C. Polygamy. Exceptions S. C. Exceptions overruled. 

COUNTY OF BERKSHIRE. 

Bulkey Duntro & Co. et cd. petitioners. S. J. C. Petition for 
dissolution of corporation. Petition granted.. 

Attorney-General ex rel. v. Housatonic Railroad Company. S. J. 
C. Information for an injunction. Temporary injunction granted. 

Commonwealth v. William H. Erwin. S. J. C. Murder. Ver- 
dict, guilty of manslaughter. Sentence, twelve years in the state 
prison, one day solitary. 

Commonwealth v. James Burke. S. J. C. Illegal sale of liquor. 
Exceptions S. C. Exceptions overruled. 

Commonwealth v. John D. Noxon. S. J. C. Hightvay nuisance. 
Exceptions S. C. Exceptions sustained. 

Commonwealth v. Augustus Greenfield. S. J. C. Illegal sale of 
liquor. Exceptions S. C. Exceptions overruled. 

Commonwealth v. Charles Wood. S. J. C. Murder. Not yet 
tried. 

COUNTY OF BRISTOL. 

Commonwealth v. Rosalie A. Thyng. S. J. C. Murder. Ver- 
dict, not guilty. 

Commonwealth v. Downing Cardoze. S. J. C. Nuisance in 
keeping disorderly house. Exceptions S. C. Exceptions overruled. 



U ATTOENEY-GENERAL'S REPORT. [Jan. 

Commonwealth v. Luke Hughes. S. J. C. Murder. Plea, guilty 
of manslaughter. Sentence, eight years in state prison, one day 
solitary. 

Commonwealth v. Mark H. Davis. S. J. C. Illegal sale of liquor. 
Exceptions S. C. Exceptions overruled. 

Commonwealth v. Archibald Holt. S. J. C. Adultery. Excep- 
tions S. C. Exceptions overruled. 

Commonwealth v. John Mather. S. J. C. Liquor nuisance. 
Exceptions S. C. Exceptions overruled. 

Commonwealth v. Henry Hall. S. J. C. Disorderly house. Ex- 
ceptions S. C. Exceptions overruled. 

Commonwealth v. John A. Coffey et al. S. J. C. Assault and 
battery. Exceptions S. C. Exceptions overruled. 

Commonwealth v. Thomas Cummings. S. J. C. Keeping liquor 
with intent to sell. Exceptions S. C. Exceptions overruled. 



COUNTY OF ESSEX. 

Commonwealth v. William Eussell. S. J. C. Murder. De- 
fendant still in lunatic hospital at Taunton. 

Commonwealth v. Timothy J. McCarthy. S. J. C. Malicious 
burning. Exceptions S. C. Exceptions overruled. 

Commonwealth v. Jeremiah Desmond. S. J. C. Illegal voting. 
Exceptions S. C. Exceptions overruled. 

Commonwealth v. Henry H. Hobbs. S. J. C. Selling milk adul- 
terated with water. Exceptions S. C. Exceptions waived. 

Commonwealth v. Certain Intoxicating Liquors. (John Ganey, 
claimant.) S. J. C. Liquor seizure. Exceptions S. C. Excep- 
tions overruled. 

Commonwealth v. Certain Intoxicating Liquors. (Albert C. 
Andrews, claimant.) S. J. C. Liquor seizure. Exceptions S. C. 
Argued. Not yet decided. 

Commonwealth, by Commissioner of Savings Banks, v. Rockport 
Savings Bank. S. J. C. Petition for injunction. Injunction 
issued. Dissolved December 30. Petition dismissed. 

Commonwealth v. James W. Wilkins. S. J. C. Violation of 
ordinance of city of Salem. Exceptions S. C. Exceptions over- 
ruled. 

COUNTY OF FRANKLIN. 

Commonwealth v. Daniel J. Dwight and Herbert A. Davenport. 
S. J. C. Murder. Plea, guilty of murder in the second degree. 
Sentence, state prison for life. 

Commonwealth v. Daniel J. Dwight. S. J. C. Murder. 



1877.] PUBLIC DOCUMENT— No. 12. 15 

Commonwealth v. Herbert A. Davenport. S. J. C. Murder. 

Attorney-General ex rel. v. Nelson Burrows et al. S. J. C. 
Petition for mandamus. Petition dismissed. 

Commonwealth v. Herbert M. Bowers. S. J. C. Adultery. Ex- 
ceptions S. C. Exceptions overruled. 

COUNTY OF HAMPSHIRE. 

Commonwealth v. William McCandless. S. J. C. Illegal sale of 
liquor. Exceptions S. C. Exceptions overruled. 

Commonwealth v. William H. Jennings. S. J. C. Polgamy. 
Exceptions S. C. Exceptions overruled. 

Commonwealth v. William Gavin, Jr. S. J. C. Breaking and 
entering. Exceptions S. C. Exceptions sustained. 

Commonwealth v. Alvah Pease. S. J. C. Adultery. Exceptions 
8. C. Exceptions overruled. 

COUNTY OF MIDDLESEX. 

Attorney-General v. Benjamin F. Woods. S. J. C. Information 
to restrain building of dam. Final injunction entered. 

Nathan Tufts, Jr., et al. v. City of Charlestown et al. S. J. C. 
Petition for division of flats. Report of Commissioners referred to 
the Chief Justice. Not yet heard. 

Attorney-General v. Boston & Lowell Railroad. S.J. C. Inform- 
ation for injunction. Injunction ordered. 

Attorney-General v. City of Somerville. S. J. C. Information 
for displacing tide-water without license. Information dismissed. 

Attorney-General v. City of Cambridge. S. J. C. Information 
for displacing tide-water without a license. Information dismissed. 

Attorney-General v. Mayor and Aldermen of Cambridge. S. J. C. 
Information for displacing tide-water without license. Information 
dismissed. 

Commonwealth v. Hamilton Manufacturing Company. S. J. C. 
Violation of Stat. 1872, chap. 221. Exceptions and appeal S. C. 
Exceptions overruled. Judgment affirmed. 

Attorney-General ex rel. v. John N. Barbour. S. J. C. Inform- 
ation to enforce public charity under will of Seth Adams. Decree. 
Appeal to full court. Appeal dismissed. Decree affirmed. 

John Johnson et al. v. Edward E. Hale et al. S. J. C. Bill for 
instrtictions and enforcement of public charity. Decree entered. 

George A. Sawyer v. State Board of Health. S. C. Petition 
for jury from action of board under Stat. 1871, chap. 167, sect. 2. 
Petition dismissed. Appeal to S. J. C. Appeal not yet argued. 



16 ATTORNEY-GENERAL'S REPORT. [Jan. 

Commonwealth v. Andrew Donelly. S. J. C. Murder. De- 
fendant still in Taunton Lunatic Hospital. 

Commonwealth v. Joseph Sullivan. S. J. C. Murder. De- 
fendant still in Taunton Lunatic Hospital. 

Commonwealth v. John Lattinville. S. J. C. Selling liquor to a 
minor. Exceptions S. C. Exceptions sustained. 

Commonwealth v. Fitchburg Railroad. S. J. C. Loss of life. 
Exceptions S. C. Exceptions sustained. 

Commonwealth v. Elizabeth Dickson. S. J. C. Illegal sale of 
liquor. Exceptions S. C. Exceptions overruled. 

Commonwealth v. Bernard McElroy. S. J. C. Illegal sale of 
liquor. Exceptions S. C. Exceptions overruled. 

Commonwealth v. Bernard McElroy. S. J. C. Illegal sale of 
liquor. Exceptions S. C. Exceptions overruled. 

Commonwealth v. John T. Hanley. S. J. C. Exposing and 
keeping for sale intoxicating liquors. Appeal S. C. Appeal dis- 
missed. 

Commonwealth v. Lucy Ann Mink, alias Mank, alias Martin. 
S. J. C. Murder. Not yet tried. 

Commonwealth v. Timothy Drum. S. J. C. Illegal sale of liquor. 
Exceptions S. C. Not yet argued. 

COUNTY OF NOKFOLK. 

Patrick Fanning v. Commonwealth. S. J. C. Writ of error. 
Judgment affirmed. 

Commonwealth v. Dennis Caney. S. J. C. Murder. Defend- 
ant still in Taunton Lunatic Hospital. 

Commonwealth v. David Scannell. S. J. C. Murder. Defend- 
ant still in Taunton Lunatic Hospital. 

Commonwealth v. Eli Whitney Reynolds. S. J. C. Assault and 
battery. Exceptions S. C. Exceptions overruled. 

Commonwealth v. James Cusick. S. J. C. Violation of Gen. 
Stat. chap. 50, sect. 24. Exceptions S. C. Exceptions overruled. 

COUNTY OF SUFFOLK. 

Commonwealth, b} T Bank Commissioner, v. Farmers and Mechanics' 
Bank of South Adams. S. J. C. Petition for injunction and wind- 
ing tip of affairs of bank. Final decree. 

Commonwealth, b}* Bank Commissioner, v. Institution for Savings 
at Taunton. S. J. C. Petition for injunction and winding up of 
affairs of bank. Final decree. 

Commonwealth, by Insurance Commissioner, v. Appleton Mutual 
Fire Insurance Company. Same v. Shawmut Mutual Fire Insurance 



1877.] PUBLIC DOCUMENT— No. 12. 17 

Compaq. Same v. Home Mutual Fire Insiu*ance Company. Same 
v. Hamilton Mutual Fire Insurance Company. Same v. Monitor 
Mutual Fire Insurance Company. S. J. C. Petitions for injunc- 
tions and winding up of affairs of the companies. Final decrees. 

Commonwealth, by Deputy Insurance Commissioner, v. Prescott 
Fire and Marine Insurance Company. Same v. Boylstbn Fire and 
Marine Insurance Companj'. Same v. Union Mutual Fire Insurance 
Company. Same v. Mutual Benefit Insurance Company. S. J. C. 
Petitions for injunctions and winding up of the affairs of the com- 
panies. Final decrees. 

Commonwealth, by Insurance Commissioner, v. Massachusetts 
Mutual Fire Insurance Company. Same v. Unity Mutual Insurance 
Company. S. J. C. Petitions for injunctions and winding up of 
the affairs of the companies. Final decrees. 

Commonwealth, by Insurance Commissioner, v. Traders' Mutual 
Fire Insurance Company. S. J. C. Petition for injunction and 
winding up of the affairs of the company. Final decree. 

Commonwealth, by Insurance Commissioner, v. Hide and Leather 
Insurance Company. Same v. New England Mutual Marine Insur- 
ance Company. S. J. C. Petitions for injunctions and winding up 
of the affairs of the companies. Affairs still in hands of receivers. 

Commonwealth, by Deputy Insurance Commissioner, v. National 
Insurance Company. Same v. Exchange Insurance Company. 
Same v. Tremont Insurance Company. Same v. Boston Insurance 
Company. Same v. Suffolk Fire Insurance Company. Same v. 
Firemen's Insurance Company. Same v. Manufacturers' Insurance 
Company. Same v. Shoe and Leather Dealers' Insurance Company. 
Same v. Merchants' Insurance Company. Same v. Boot and Shoe 
Manufacturers' Mutual Fire Insurance Company. Same v. Franklin 
Insurance Company. Same v. Neptune Insurance Compan}^. Same 
v. People's Fire Insurance Company. Same v. Washington Insur- 
ance Compan} 7 . Same v. Mechanics' Mutual Fire Insurance Com- 
pany. Same v. Howard Fire Insurance Company. Same v. Bay 
State Fire Insurance Company. S. J. C. Petitions for injunctions 
and the winding up of the affairs of the companies. Affairs still in 
the hands of the receivers. 

Attorney-General, ex relatione Treasurer, v. South Pewabic Cop- 
per Compan}\ Same v. Winthrop Manufacturing Company. Same 
v. United States Manufacturing Company. Same v. Canadian Stop 
Motion Company. Same v. American Furniture Compan}'. Same 
v. Springfield and Newburyport Cooperative Mining Company. 
Same v. United States Electric Light Company. Same v. Peet 
Molding Machine Company. S. J. C. Informations for taxes. 
Temporary injunctions in force. 



18 ATTORNEY-GENERAL'S REPORT. [Jan. 

Attorney-General, ex relatione Treasurer, v. Morgan Envelope 
Company. Same v. Boston Diatite Company. Same v. Worcester 
Casket Company. Same v. India Manufacturing Company. S. J. C. 
Informations for taxes. Taxes paid and informations dismissed. 

Attorney-General, ex relatione Treasurer, v. Grafton Mills. 
S. J. C. Information for tax. Respondent in bankruptcy. Inform- 
ation dismissed. 

Attorney-General, ex relatione Treasurer, v. Marginal Freight 
Railwa}-. Same v. American Carpet Cleaning Company. S. J. C. 
Informations for taxes. Not yet heard. 

Attorney-General, ex relatione Treasurer, v. Vineyard Telegraph 
Company. Same v. Boston and Maine Granite Company. Same 
v. Big River Mining Company. Same v. Boston and Colorado Gold 
Mining Company. Same v. Bullion Consolidated Mining Company. 
Same v. Incas Silver Mining Compan}\ Same v. Land and Coal 
Company of Golden. Same v. Suffolk Coal Company. Same v. 
American Shoe Shank Company. Same v. American Sugar Re- 
finery. Same v. Bigelow Manufacturing Company. Same v. East 
Liverpool Manufacturing Company. Same v. New England Dredg- 
ing Company. Same v. Plymouth Gas Light Company. S. J. C. 
Informations for not making returns under Stat. 1865, chap. 283. 
Returns made and informations dismissed. 

Attorney-General, ex relatione Treasurer, v. Revere Brick Com- 
pany. Same v. American Railway Frog Company. Same v. Black 
River Mining Company. Same v. Haverhill Lime Company. Same 
v. Cambridge Brick Company. Same v. Goodyear Rubber Company. 
S. J. C. Informations for not making returns under Stat. 1865, 
chap. 283. Temporary injunctions in force. 

Attorney-General, ex relatione Treasurer, v. Eastern Marble 
Company. Same v. Phoenix Oil and Land Company. Same v. 
Avon Stone Company. S. J. C. Informations for not making 
returns under Stat. 1865, chap. 283. Not yet heard. 

Attorney-General, ex relatione Commissioner of Corporations, v. 
Boston and Maine Granite Company. Same v. Boston and Colorado 
Gold Mining Company. Same v. Bullion Consolidated Mining Com- 
pany. Same v. Incas Silver Mining Company. S. J. C. Inform- 
ations for not making returns under Stat. 1870, chap. 224. Returns 
made and informations dismissed. 

Attorne3"-General, ex relatione Commissioner of Corporations, v. 
Black River Mining Company. Same v. Haverhill Lime Company. 
S. J. C. Informations for not making returns under Stat. 1870, 
chap. 224. Temporary injunctions in force. 

Attorney -General, ex relatione Commissioner of Corporations, v. 
Eastern Marble Company. Same v. Phoenix Oil and Land Com- 



1877.] PUBLIC DOCUMENT— No. 12. 19 

pany. S. J. C. Informations for not making returns under Stat. 
1870, chap. 224. Not yet heard. 

Attorney-General, ex relatione Harbor Commissioners, v. Eastern 
Railroad. S. J. C. Information to restrain filling flats without 
license. Temporary injunction in force* 

Attorney-General, ex relatione State Board of Health, v. George 
Bowman. Same v. Walter S. Wilkins. S. J. C. Informations to 
abate nuisances arising from using a building for slaughtering. Tem- 
porary injunctions in force. 

Attorney-General ex relatione v. William T. Hart et al. S. J. C* 
Information for injunction. Temporary injunction refused. Not 
yet heard. 

Attorney-General v. William H. Gardiner. S. J. C. Informa- 
tion for violation of restrictions in deeds of land on Commonwealth 
Avenuei Final decree. 

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

Attorney-General, ex relatione Insurance Commissioner, v. Mer- 
cantile Marine Insurance Company. S. J. C. Information under 
Stat. 1874, chap. 222. Argued. Not yet decided. 

William A. Richardson et al. v. John R. Hall et als. S. J. C. Bill 
for instructions under will creating a public charity. Not yet heard. 

Commonwealth, by the Commissioner of Savings Banks, v. West 
Boston Savings Bank. S. J. C. Application for injunction and 
winding up of affairs of the bank. Temporary injunction in force. 

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

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

Edward Brown, petitioner. S. J. C. Habeas corpus. Prisoner 
remanded. 

George E. Hudson, petitioner. S. J. C. Habeas corpus. Prisoner 
discharged. 

Alice Chummack, petitioner. S. J. C. Habeas corpus. Petitioner 
discharged. 

In re Boston and New York Slate and Tile Company. S. J. C. 
Petition to reduce capital stock. Petition granted. 

In re New England Slate and Tile Company. S. J. C. Petition 
to reduce capital stock. Petition granted. 

Commonwealth v. Erwin B. Dow. S. C. Tort against insurance 
agent for tax. Judgment for Commonwealth not yet satisfied. 

Commonwealth v. Wm. H. Gerrish, A. C. Blethen, and R. Currier. 
S. C. Contract on insurance agent's bond. Judgment for Common- 
wealth not yet satisfied. 



20 ATTORNEY-GENERAL'S REPORT. [Jan. 

Commonwealth v. John A. Smith, Wm. P. Smith, Herman Bird, 
and John W. Hammond. S. C. Contract on insurance agent's 
bond. Judgment for Commonwealth. Judgment satisfied. 

Morrison v. City of Boston et al. S. C. Petition to enforce 
mechanics' lien. Disclaimer. 

Commonwealth v. Wm. P. Derby et al. S. C. Tort for penalty 
under Stat. 1870, chap. 224, sects. 33 and 60. Returns made ; 
action discontinued. 

City of Somerville v. City of Boston. S. C. Support of pauper. 
Argued. 

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

Commonwealth v. Jesse Harding Pomero}'. S. J. C. Murder. 
Not yet tried. 

Commonwealth v. Thomas W. Piper. S. J. C. Murder. Verdict, 
guilty of murder in the first degree. Sentenced to death. Prisoner 
hung. 

Commonwealth v. Louisa Surrey. Murder. Nol pros, entered. 

Commonwealth v. William Kelley. S. J. C. Murder. Defend- 
ant discharged on his own recognizance. 

Commonwealth v. William Cook. S. J. C. Murder. Plea, 
guilty of murder in the second degree. Sentenced to state prison 
for life. 

Commonwealth v. Giovanni Giovachini. S. J. C. Murder. 
Verdict, guilty of murder in the second degree. Sentenced to state 
prison for life. 

Commonwealth v. John Fean. S. J. C. Murder. Plea, guilty 
of murder in the second degree. Sentenced to state prison for life. 

Commonwealth v. Adam Hohn. S. J. C. Murder. Nol. pros. 
entered. 

Commonwealth v. Boston & Albany Railroad. S. J. C. Loss of 
life. Demurrer sustained. 

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

Commonwealth v. David R. Brown. S. J. C. Abortion. Ex- 
ceptions S. C. Exceptions overruled. 

Commonwealth v. David R. Brown. S. J. C. Abortion. Ex- 
ceptions S. C. Exceptions overruled. 

Commonwealth v. Emery B. Cobb. S. J. C. Disorderly house. 
Exceptions S. C. Exceptions overruled. 

Commonwealth v. John F. Costello. S. J. C. Forgery. Exceptions 
S. C. Exceptions overruled. 



1877.] PUBLIC DOCUMENT— No. 12. 21 

Daniel Burke v. Commonwealth. S. J. C. Writ of error. 
Sentence reformed. 

Daniel Burke v. Commonwealth. S. J. C. Writ of error. 
Sentence reformed. 

Commonwealth v. Edgar G. McClellan. S. J. C. Abortion. 
Exceptions S. C. Exceptions sustained. 

Commonwealth v. James Scott et al. S. J. C. Larceny. Ex- 
ceptions S. C. Exceptions sustained. 

Commonwealth v. Michael Campbell. S. J. C. Illegal sale of 
liquor. Exceptions S. C. Exceptions overruled. 

Commonwealth v. Charles G rover et al. S. J. C. Perjury and 
subornation of perjury. Exceptions S. C. Exceptions waived. 

Commonwealth v. Isaac Cohen. S. J. C. Receiving stolen goods. 
Exceptions S. C. Exceptions overruled. 

Commonwealth v. Edward Dolan. S. J. C. Illegal scde of liquor. 
Exceptions S. C. Exceptions overruled. 

Commonwealth v. Thomas Mullen. S. J. C. Exposing and 
keeping liquor for sale. Exceptions S. C. Exceptions overruled. 

Foster v. Commonwealth. S. J. C. Writ of error. Not yet 
argued. * 

Commonwealth v. Elizabeth Carroll et al. S. J. C. Forgery. 
Exceptions S. C. Exceptions overruled. 

Commonwealth v. Robert S. Carroll. S. J. C. Subornation of 
perjury. Exceptions S. C. Exceptions overruled. 

Commonwealth v. George W. Hoffman. S. J. C. Larceny in a 
building. Exceptions S. C. Exceptions overruled. 

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

Commonwealth v. John Hogan. S. J. C. Receiving stolen goods. 
Exceptions S. C. Exceptions overruled. 

Commonwealth v. Gehring Has. S. J. C. Violation of laws for 
observance of Lord's Day. Exceptions S. C. Exceptions overruled. 

Commonwealth v. James Dolan. S. J. C. Keeping liquor for 
scde. Exceptions S. C. Exceptions overruled. 

Commonwealth v. Maud M. Waterman et al. S. J. C. Con- 
spiracy. Exceptions S. C. Exceptions overruled. 

Commonwealth v. Ezra S. Goodwin. S. J. C. Extortion. Ex- 
ceptions S. C. Exceptions overruled. 

Commonwealth v. Robert McCue. S. J. C. Keeping and exposing 
liquor for sale. Exceptions S. C. Exceptions overruled. 

Commonwealth v. Ezra J. Hoar. S. J. C. Kef-ping and exposing 
liquor for sale. Exceptions S. C. Exceptions overruled. 

Commonwealth v. William Matthews. S. J. C. Violation of 



22 ATTORNEY-GENERAL'S REPORT. [Jan. 

ordinance of city of Boston. Exceptions S. C. Exceptions over- 
ruled. 

Commonwealth v. Tora-Ri-Jon Elliot. S. J. C. Violation of 
ordinance of city of Boston. Exceptions S. C. Exceptions sustained. 

Commonwealth v. Certain Intoxicating Liquors. (Michael Sul- 
livan, claimant.) S. J. C. Liquor seizure. Exceptions S. C. 
Exceptions overruled. 

Commonwealth v. Certain Intoxicating Liquors. (Robert McCue, 
claimant.) S. J. C. Liquor seizure. Exceptions S. C. Exceptions 
overruled. 

Commonwealth v. Joseph H. Whitman. S. J. C. Larceny. 
Exceptions S. C. Exceptions overruled. 

Commonwealth v. Edward McLaughlin. S. J. C. Perjury. 
Exceptions S. C. Exceptions overruled. 

COUNTY OF WORCESTER. 

City of Worcester v. Francis Kelley et al. S. J. C. Bill in equity 
to be relieved from provisioyis in the will of George Jaques. Bill 
dismissed. 

City of Worcester v. Francis Kelley. S. J. C. Petition to sell real 
estate. Bill dismissed. 

Commonwealth, b} r Commissioner of Savings Banks, v. Lancaster 
Savings Bank. S. J. C. Petition for injunction and winding up of 
the affairs of the bank. Affairs still in the hands of the receivers. 

Commonwealth v. Samuel J. Frost. S. J. C. Murder. Verdict, 
guilty of murder in the first degree. Sentenced to death. Prisoner 
hung. 

Commonwealth v. John W. Murphy. S. J. C. Murder. Ver- 
dict, guilty of murder in the second degree. Sentence, imprison- 
ment for life. 

Attorne3 T -General, ex rel. Commissioner of Corporations, v. Big 
River Mining Compan}'. S. J. C. Information for not making 
returns under Stat. 1870, chap. 224. Returns made. Information 
dismissed. 

Attorney-General, ex rel. the Inhabitants of Douglas, v. Albert 
Butler et al. S. J. C. Information to enforce public trust. Not 
yet heard. 

Commonwealth v. Bryan O'Keefe. S. J. C. Embezzlement. Ex- 
ceptions S. C. Exceptions sustained. 

Commonwealth v. John W. Carney. S. J. C. Assault and bat- 
ter;/. Exceptions S. C. Exceptions overruled. 

Commonwealth v. Levi Huard. S. J. C. Keeping liquor for sale. 
Exceptions S. C. Exceptions overruled. 



1877.] PUBLIC DOCUMENT— No. 12. 23 

Commonwealth v. David F. Parmenter. S. J. C. Obtaining 
money under false pretences. Exceptions S. C. Exceptions over- 
ruled. 

Commonwealth v. John Morrison. S. J. C. Manslaughter. 
Exceptions S. C. Exceptions waived. 

Commonwealth v. Jeremiah Jones. S. J. C. Extortion. Excep- 
tions S. C. Exceptions sustained. 

SUPREME COURT OP THE UNITED STATES. 

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

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

DISTRICT COURT OF THE UNITED STATES. 

In re Hingham Manufacturing Company, in bankruptcy. Claim, 
for tax. Tax paid. 

In re Worcester Casket Company, in bankruptcy. Claim for tax. 
Tax paid. 

In re Grafton Mills, in bankruptcy. Claim for tax. No assets. 

In re J. Mortimer Goldsmith and Company, in bankruptcy. 
Petition to enforce lien. Petition dismissed. Claim for wages of 
convicts. Claim allowed. 



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