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M
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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