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

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PUBLIC DOCUMENT No. 12. 



ANNUAL REPORT 



ATTORNEY GENERAL 



YEAR 1877. 



BOSTON: 

Sftantf, Ifarrj, & (£0., printers to tfje ffi^mmonfoealtfj, 

117 Franklin Street. 
1878. 



. 



PUBLIC DOCUMENT No. 12. 



ANNUAL REPORT 



ATTORNEY GENERAL 



YEAR 1877. 



BOSTON: 
ffianfc, gfoerg, Sc (Co., Printers to tfje Commcnfoealtfj, 

117 Franklin Street. 

1878. 



€ommonrocaltI) of iilassacljueetts. 



Attorney General's Office, ) 
Boston, 7 Court Square, Jan. 21, 1878. J 

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

Sir : — I have the honor to transmit to you, herewith, my 
official Report, for the year ending on the third Wednesday 
in January, A. D. 1878. 

I am, very respectfully, 

Your obedient servant, 

CHAS. R. TRAIN. 



(Hommonwcaltl) of iilassacljusdts. 



Attorney General's Office, ) 

Boston, 7 Court Square, Jan. 21, 1878. 1 

To (lie Honorable the Speaker of the House of Representatives. 

I have the honor to submit to the Legislature my Report 
for the year ending on the third Wednesday in January, 
1878. 

The number of applications for requisitions upon the Ex- 
ecutives of sister States, for the- rendition of fugitives from 
justice, has been twenty-nine ; the number granted for thirty- 
one persons, twenty-seven; the number, refused, two; the 
number of criminals reported as returned for trial under 
requisitions, twenty-six. 

The whole expense to the Commonwealth incurred in the 
return of fugitives from justice, as appears in the accounts 
of the Auditor, is $2,751.46. 

The number of requisitions from other States, upon the 
Executive of this Commonwealth, has been fifteen ; the num- 
ber complied with, fourteen ; the number refused, one. 

The whole number of cases in the courts of the Common- 
wealth, which have required my personal attention, is 207, 
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, 
Information at the relation of the Insurance Commissioner, 
Informations at the relation of the State Board of Health, 
Informations at the relation of private persons, 
Petitions by the Insurance Commissioner, 
Petitions by the Commissioners of Savings Banks, 
Bills in equity, involving public charities, 
Miscellaneous in State courts, .... 

Cases in courts of the United States, 



20 

69 

29 

4 

2 

1 

2 

11 

22 

11 

7 

23 

6 

207 



6 ATTORNEY GENERAL'S REPORT. [Jan. 

The whole number of new claims left in this office by the 
treasurer for collection is sixty-one, and by the commis- 
sioner of corporations, twenty-eight. The number collected 
by suit or information, fourteen ; the number collected with- 
out suit, sixty-four, and the number remaining uncollected, 
eleven. The amount collected and paid over to the trea- 
surer by this office is seven thousand eight hundred and sev- 
enty-eight dollars and twenty cents ($7,878.20). 

I have, during the year, attended personally to the conduct 
and disposition of the following indictments for murder in 
the Supreme Judicial Court: — 

In the County of Berkshire. 

1. An indictment against Charles Wood for the murder of 
Hannah Maria Hazard, with an axe. This indictment was 
returned by the grand jury at the January term of the Su- 
perior Court, 1877, and the defendant was put upon his trial 
before Justices Colt and Morton on the 6th of February 
following. The jury found the defendant guilty of murder 
in the second degree, and he was sentenced to the State 
Prison for life, one day solitary confinement. 

2. An indictment returned against the defendant at the 
October term, 1876, for the same offence, was nol. pros' 'd. 
Messrs. H. C. Joyner and W. C. Spaulding, Esquires, con- 
ducted the defence, and Mr. District-Attorney E. H. Lathrop 
assisted me in the prosecution. 

In the County of Bristol. 

3. An indictment against Thomas Fitzgerald, for the mur- 
der of his wife by stabbing with a knife. This indictment 
was returned by the grand jury at the September term, 
and the defendant was put upon his trial, before Justices 
Morton and Endicott, on the fifth day of December. The 
jury rendered a verdict of guilty of murder in the second 
degree, and Fitzgerald was sentenced to imprisonment for 
life, one day solitary. James Brown and H. M. Braly, 
Esquires, conducted the defence, and District-Attorney Mars- 
ton assisted me in the prosecution. 



1878.] PUBLIC DOCUMENT — No. 12. 7 

In the County of Essex. 

4. An indictment against Albert Joy, for the murder of 
Charles Gilman by drowning. This indictment was returned 
by the grand jury at the May term of the Superior Court. 
The defendant was put upon his trial at Salem, before Jus- 
tices Morton and Lord, on the ninth day of July. The jury 
found the defendant guilty of murder in the first degree, and 
he was sentenced to be executed. His sentence was subse- 
quently commuted by the Governor and Council to imprison- 
ment for life. Messrs. Wm. D. Northend and H. W. Woods, 
Esquires, conducted the defence, and Mr. District- Attorney 
E. J. Sherman assisted me in the prosecution. 

In the County of Hampshire. 

5. An indictment against Jared Wheeler, for the murder 
of Harriet Wheeler. This indictment was received at my 
office on the 18th of June last, and the defendant was put 
on his trial, before Mr. Chief Justice Gray and Mr. Justice 
Soule, on the 20th of September. The jury returned a ver- 
dict of not guilty, and the defendant was discharged without 
day. The Messrs. Bond Brothers of Northampton con- 
ducted the defence, and Mr. District-Attorney S. T. Fields 
was associated with me in the prosecution. 

In the County of Middlesex. 

6. An indictment against Lucy Ann Mank, otherwise 
called Lula A. Martin, for the murder of Charles Richer by 
shooting with a pistol. This indictment was returned by the 
grand jury at the October term of the Superior Court, 1876, 
and the defendant was put upon her trial on the 28th of May 
last, before Justices Ames and Morton ; the trial having 
been postponed at her request. The jury returned a verdict 
of guilty of manslaughter. 

Exceptions were taken by the counsel for the defendant to 
the rulings of the court, which were argued at the November 
term and overruled, and the defendant was sentenced to im- 
prisonment in the House of Correction for the term of nine 
years. She has since been removed to the Reformatory 
Prison for Women at Sherborn. Messrs. Wm. B. Gale and 
W. H. Bent, Esquires, conducted the defence, and District- 
Attorney George Stevens assisted me in the prosecution. 



ATTORNEY GENERAL'S REPORT. [Jan. 



In the County of Norfolk. 

7 and 8. An indictment against Emory Williams Shaw, 
for the murder of Simeon Smith by shooting with a gun. 
The first indictment was returned by the grand jury at the 
April term of the Superior Court, and the defendant pleaded 
in abatement that he was misnamed. A second indictment 
was therefore returned against him at the September term. 
Upon an examination of the facts, I became satisfied that 
Shaw ought not to be put upon trial, and he was therefore 
discharged upon his own recognizance. 

9. An indictment against Michael Murphy for the murder 
of William Appleton, by shooting with a pistol. This indict- 
ment was returned by the grand jury, at the December 
term of the Superior Court. The prisoner was arraigned on 
the 24th of December last, and pleaded guilty of murder in 
the second degree ; which plea I accepted, and he will be 
sentenced at the next term of the Supreme Judicial Court. 
Messrs. John D. Long and J. E. Tirrill, Esquires, counsel for- 
th e prisoner. 

In the County of Suffolk. 

10. An indictment against Gottfreid Zeigler for the mur- 
der of Samuel Kull, by blows upon the head with an axe. 
This indictment was returned by the grand jury at the 
May term of the Superior Court; and on the twenty-fourth 
day of July I accepted a plea of guilty of murder in the 
second degree, and the prisoner was sentenced to imprison- 
ment in the State Prison for life, one day solitary. Darwin 
E. Ware and Henry F. Buswell, Esquires, counsel for the 
defence. 

11. An indictment against Lizzie M. Sullivan, for the mur- 
der of her bastard infant. This indictment was returned by 
the grand jury, at the July term of the Superior Court. On 
the eighteenth day of December I accepted a plea of guilty 
of manslaughter, and she was sentenced to the House of 
Correction for the term of five years. She has since been 
removed to the Reformatory Prison for Women at Sherborn. 
Heman W. Chaplin and George E. Smith, Esquires, counsel 
for the prisoner. 

12. An indictment against Peter Maloney, for the murder 



1878.] PUBLIC DOCUMENT — No. 12. 9 

of Bridget Frances Keneaky, by stabbing with a knife. This 
indictment was returned by the grand jury, at the December 
term of the Superior Court, and is still pending. 

In the County of Worcester. 
13. An indictment against William Spakeman, for the 
murder of Elizabeth Spakeman, by blows with an axe. This 
indictment was returned by the grand jury at the May term. 
The defendant was put upon his trial before Justices Colt 
and Ames, on the 10th of October, and the trial occupied 
three days. The jury returned a verdict of not guilty by 
reason of insanity, and the prisoner was committed to the 
Lunatic Hospital at Taunton for life. William B. Harding 
and Edward F. Harris, Esquires, were counsel for the pris- 
oner, and Mr. District-Attorney H. B. Staples assisted me in 
the prosecution. 

In prosecutions for embezzlement, under our statutes, it 
oftentimes becomes a matter of great difficulty to ascertain 
and prove the county in which the offence was committed. 
This is especially true in the case of the agents of railroad 
corporations, express companies, and parties who travel 
greater or less distances with the property of their employers 
in their possession (or collect it in different counties on their 
business routes), which they are subsequently charged with 
'converting to their own use. 

I beg leave to suggest an amendment to the statutes which 
shall provide, that in all prosecutions for embezzlement, the 
party may be indicted and tried in any county in which it 
shall be made to appear he was in possession of the property 
for the embezzlement of which he stands charged. 

It seems to me such an amendment would not prejudice a 
defendant ; that it would harmonize the law of embezzle- 
ment with the law of larceny, and would enable the govern- 
ment more successfully to enforce the law upon this subject. 

I respectfully suggest that the law relating to receivers of 
stolen property should be so amended as to make it certain 
that such a receiver shall be held responsible if he receives 
such property, whether stolen without or within the limits of 
this Commonwealth. The amount of property in the shape 
of bonds, and other evidences of debt, which are the subject 

2 



10 ATTORNEY GENERAL'S REPORT. [Jan. 

of larceny, is so great as to be almost inconceivable, while 
the facilities of intercommunication are such, between the 
States, that a thief rarely disposes of his plunder within the 
limits of the State in which the larceny was committed. It 
seems to me that a provision of law, reciprocal between the 
States of the Union, upon this subject, is imperatively de- 
manded ; and I recommend that the Legislature should pass 
such a statute, which would undoubtedly be adopted by the 
other States. 

The case of Joseph T. Barry, in error, v. the Common- 
wealth, which was determined by the Supreme Judicial Court 
on the 12th of September, 1874, and was thence removed by 
Barry to the Supreme Court of the United States, by writ of 
error, was decided in favor of the Commonwealth in Novem- 
ber last, and Barry is now serving out his sentence. 

The case of the Boston Beer Company, in error, v. the 
Commonwealth, which was decided by the Supreme Judicial 
Court on the 30th June, 1874, and thence taken by the com- 
pany to the. Supreme Court of the United States, by writ of 
error, is still pending. A motion made by me to advance the 
cause upon the docket was denied, upon the ground that it was 
not a criminal case. I hope it will be reached and disposed 
of at the present term of the court, probably in April next. 

A final decree has been entered in the suit which has long 
been pending under Stat. 1871, chap. 294, to determine the 
boundary lines of the land and flats of the Commonwealth 
adjoining the State Prison in Charlestown. The determina- 
tion of these boundaries has been attended with much diffi- 
culty, the original lines of high and low water mark in the 
vicinity having been obliterated for many years, and the pecu- 
liar formation of the cove or creek which formerly extended in 
a north-easterly direction between Lynde's Point, which is now 
a part of the State Prison lands and the burial hill, making 
the ordinary rules for the division of flats inapplicable to it. 
The first report of the commissioners appointed in this cause, 
Messrs. George F. Choate, George M. Brooks, and Uriel H. 
Crocker, adopted a system for the division of these flats 
which' was novel in its principles, and awarded to the Com- 
monwealth a much smaller portion of the cove than that to 
which it had claimed title. Exceptions to this report were 



1878.] PUBLIC DOCUMENT — No. 12. 11 

filed on behalf of the Commonwealth, which were sustained 
by the Chief Justice, and boundaries which are much more 
favorable to the interests of the Commonwealth have now 
been established by the commissioners under the direction of 
the court. 

The amended^ report of the commissioners has been ac- 
cepted by the court*, and recorded in the registry of deeds 
in accordance with the requirements of the statute under 
which the commissioners were appointed, and is made by 
this statute final and binding upon the Commonwealth and 
the other parties to the proceedings. 

I again call the attention of the Legislature to the fact that 
there is no provision of law requiring judges of probate courts 
to make returns of the criminal cases pending before them 
each year, and respectfully ask that this inadvertence on the 
part of a former Legislature may be corrected by appropriate 
legislation. 

Of the insurance companies made insolvent by the great 
fire in Boston in 1872, final decrees have been entered in four 
since my last report ; making sixteen in all which have been 
finally settled up by the receivers, and leaving thirteen still 
pending. 

Three new companies have been added to the list of in- 
solvent insurance companies during the year; namely, the 
Builders' Insurance Company in Boston, the Conway Mutual 
at Conway, and the Northampton Insurance Company at 
Northampton. 

Of the savings banks, the following are in the hands of 
receivers ; to wit, the Lancaster Savings Bank at Lancaster, 
the Mechanics' Savings Bank and the West Boston Savings 
Bank at Boston, and the North Bridgewater Savings Bank 
at Brockton. 

The following are under temporary injunction : the Sand- 
wich Savings Bank at Sandwich, the Barnstable Savings 
Bank at Barnstable, the Hyannis Savings Bank at Hyannis, 
the Taunton Savings Bank at Taunton, and the Woburn Sav- 
ings Bank at Woburn. 

Upon the relation of the Harbor Commissioners, under 
chapter 219 of the Acts of 1877, entitled " An Act to enforce 
the Provisions of Chapter 303 of the Acts of the Year 1871," 
in relation to Green Harbor Marsh in Marshfield, I have pre- 



12 ATTORNEY GENERAL'S REPORT. [Jan. 

pared an information which is not yet filed. No appropria- 
tion was made by the Legislature, that I am aware of, to 
defray the expenses of this litigation, unless it is to be found 
in the appropriation for the compensation and expenses of 
the Harbor Commissioners, of which I am not advised. 

The sum of $113.85 has been expended under the provis- 
ions of chapter 14, section 24, of the General Statutes, for 
the contingent expenses of civil actions. 

Tables are herewith transmitted, which show the details of 
all the cases which have been under m} r charge during the 
year. 

I am, very respectfully, 

Your obedient servant, 

CHARLES R. TRAIN. 



1878.] 



PUBLIC DOCUMENT— No. 12. 



13 



TABLE 

Shelving the Number of Criminal Cases pending on Questions of Laio 
in the Supreme Judicial Court during the Year 1877, and the 
Disposition thereof by Counties. 



counties. 


g 
•3 

a 

Pi 

C5 

o 


~ 

1 1 
o 


.1 —' 

to "a 

1 I 

1 1 
~ o 

oj <-> 


o 
(5 

3 

v ~ 


"3 
o 


Berkshire, 

Bristol, 

Essex, .... 

Hampshire, . 

Middlesex, . 

Norfolk, 

Plymouth, 

Suffolk, 

Worcester, . 






1 

7 
14 

5 
12 

2 

o 

22 
4 


1 

7 
13" 

4 
10 

2 

2 
14 

4 


1 
1 

5 


1 
1 

1 


2 


Total, 


69 


57 


7 


3 


2 



14 



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 
1877, and the Disposition thereof. 







om- 


o 


© 






Ui 


© 


*■ 5 
£ "3 


o 

a 


-a 


OFFENCES. 


1 


c S 
S 


o 


"3 

13 


1 

t3 




a, 


■g g 


"2 s 


H3 »rt 






© 


2 § 


2 | 


© .2 

3 8 


>> 




ci 


s s 


8 o 




© 




O 


A 





*d 


fc 


Abortion, 


2 


2 








Assault, ..... 




2 


2 


— 


- 


- 


Assault and battery, 




1 


1 




_ 


- 


Assault with intent to kill, 




1 


- 


- 


1 


— 


Assault -with intent to ravish, . 




1 


1 


- 


- 


- 


Assault with a pistol, 




1 


- 


1 


- 


- 


Breaking and entering, . 




3 


3 


- 


- 


- 


Burglary, . . 




1 


- 


1 


- 


- 


Dog, illegal keeping of, . 




1 


1 


- 


- 


- 


Explosive substances, illegal 


;rans- 












portation of, 




1 


1 


- 


- 


- 


Forgery, .... 




1 


- 


1 


- 


- 


Habeas corpus, 




5 


5 


- 


- 


- 


Illegal voting, . 




1 


1 


- 


- 


- 


Larceny, .... 




5 


2 


2 


- 


1 


Larceny from a building, 




1 


1 


- 


- 


- 


Liquor, illegal sale of, 




5 


5 


- 


- 


- 


Liquor, keeping with intent to 


sell, . 


11 


11 


- 


- 


- 


Liquor nuisance, 




14 


13 


- 


1 


- 


Liquor seizure, 




2 


1 


1 


- 


- 


Manslaughter, . 




1 


1 


- 


- 


- 


Overdriving a horse, 




1 


1 


- 


- 


- 


Perjury, .... 




2 


2 


- 


- 


- 


Polygamy, 




1 


1 


-- 


- 


- 


Receiving stolen goods, . 




2 


1 


- 


1 


- 


Robbery, .... 




1 


1 


- 


- 


- 


Writ of, error, 


2 


- 


1 


- 


1 


Total, 




69 


57 


7 


3 


2 



1878.] 



PUBLIC DOCUMENT — No. 12. 



15 



TABLE 

Showing the Number and Character of Cases not Criminal pending 
on Questions of Law in the Supreme Judicial Court and argued 
by the Attorney General during the Year 1877, and the Disposition 
thereof. 







a 

o 
O 

a 

■g 


9 

•S "3 


i 

■8 


CASES. 


a 
■■3 
a 

O, 
3 


H 3 
O ~ 

_^ ^ 

2 § 

s a 
p 


" a 

o 

■g s 

■a a 


o 

a 

<1 


Contract for support of pauper at State 
Lunatic Asylum, 




_ 


_ 


1 


Petition for a jury from an order of the 
State Board of Health, under St. 1871, 
chap. 167, § 2, 






1 




Petition for payment of counsel fees out of 
assets in hands of receivers, . 




1 




- 


Petition for payment of State tax out of 
assets in hands of receivers, . 




_ 


1 


_ 


Quo warranto for the usurpation of the office 
of judge of a court, .... 




1 


- 


- 


Tort for penalty under St. 1874, chap. 372, 
§§ 140 and 141, 




- 


- 


1 


Totals, 


6 


2 


2 


2 



16 ATTORNEY GENERAL'S REPORT. [Jan. 



CASES 

Argued and conducted by the Attorney General during the Tear 

1877. 



COUNTY OF BEKKSHIRE. 

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

Commonwealth v. Isaac I. Werden. S. J. C. Illegal transportation of 
nitro- glycerine. Exceptions S. C. Exceptions waived. 

COUNTY OF BF.ISTOL. 

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

Commonwealth v. James Wallace. S. J. C. Keeping liquor icitk intent 
to sell. Exceptions S. C. Exceptions overruled. 

Commonwealth v. William "Wallace. S. J. C. Keeping liquor with in- 
tent to sell. Exceptions S. C. Exceptions overruled. 

Commonwealth v. Manuel Lewis. S. J. C. Keeping liquor with intent 
to sell. Exceptions S. C. Exceptions overruled. 

Commonwealth v. Simon O'Keefe. S. J. C. Keeping liquor with intent 
to sell. Appeal and exceptions S. C. Appeal dismissed. Exceptions 
overruled. 

Commonwealth v. John G. Taber. S. J. C. Keeping liquor with intent 
to sell. Appeal and exceptions S. C. Appeal dismissed and exceptions 
overruled. 

Commonwealth v. Jabez E. Walcott. S. J. C. Keeping liquor with 
intent to sell. Appeal and exceptions S. C. Appeal dismissed and ex- 
ceptions overruled. 

Commonwealth v. James McClusky. S. J. C. Liquor nuisance. Ex- 
ceptions S. C. Exceptions overruled. 

ESSEX COUNTY. 

Commonwealth v. William Russell. S. J. C. Murder. Defendant 
still stands committed to Lunatic Asylum at Taunton to await the further 
order of the court. 

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

Commonwealth v. Albeit Joy, alias William Williams. S. J. C. 
Murder. Verdict, guilty of murder in the first degree. Sentence, death. 
Commuted to imprisonment for life. 



1878.] PUBLIC DOCUMENT — No. 12. 17 

Attorney General v. Nathan M. Hawkes. S. J. C. Quo warranto. 
Demurrer overruled. Judgment of ouster. 

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

Commonwealth v. Thomas Gately. S. J. C. Liguor nuisance. Ex- 
ceptions S. C. Exceptions overruled. 

Commonwealth v. John Fitzgerald. S. J. C. Assault with intent to 
ravish. Exceptions S. C. Exceptions overruled. 

Commonwealth v. Patrick McLaughlin. S. J. C. Illegal sale of liquor. 
Exceptions S. C. Exceptions waived. 

Commonwealth v. Orlando Brown. S. J. C. Liquor nuisance. Ex- 
ceptions S. C. Exceptions overruled. 

Commonwealth v. Patrick Feeney. S. J. C. Liquor nuisance. Ex- 
ceptions S. C. Exceptions overruled. 

Commonwealth v. Henry H. Heath. S. J. C. Liquor nuisance. Ex- 
ceptions S. C. Exceptions overruled. 

Commonwealth v. Abiel S. Holt. S. J. C. Liquor nuisance. Excep- 
tions S. C. Exceptions overruled. 

Commonwealth v. John O'Connors. S. J. C. Liquor nuisance. Ex- 
ceptions S. C. Exceptions overruled. 

Commonwealth v. Warren W. Smith. S. J. C. Liquor nuisance. 
Exceptions S. C. Exceptions overruled. 

Commonwealth v. George T. Brown. S. J. C. Liquor nuisance. Ex- 
ceptions S. C. Argued; not yet decided. 

Commonwealth v. Murray V. Livingstone. S. J. C. Illegal keeping of 
intoxicating liquor. Exceptions S. C. Exceptions overruled. 

Commonwealth v. Martin Cahill. S. J. C. Illegal keeping of intoxi- 
cating liquor. Exceptions S. C. Exceptions overruled. 

COUNTY OF HAMPSHIRE. 

Commonwealth v. Jared Wheeler. S. J. C. Murder. Verdict, not 
guilty. 

Commonwealth v. Luke Blair. S. J. C. Abortion. Exceptions S. C. 
Exceptions overruled. 

Commonwealth v. Merrick Sly. S. J. C. Polygamy. Exceptions 
S. C. Exceptions waived. 

Commonwealth v. John C. Sullivan. S. J. C. Liquor nuisance. Ex- 
ceptions S. C. Exceptions overruled. 

Commonwealth v. Robert Scott et al. Burglary. Exceptions S. C. 
Exceptions sustained. 

Commonwealth v. Robert Scott et al. Breaking and entering. Excep- 
tions S. C. Exceptions overruled. Motion for a new trial. Motion 
dismissed. 

COUNTY OF MIDDLESEX. 

Attorney General v. Boston & Lowell Railroad. S. J. C. Information 
to restrain filling flats. Interlocutory decree restraining filling as prayed for. 

Commonwealth v. Andrew Donelly. S. J. C. Murder. Defendant 
still in Taunton Lunatic Hospital. 

3 



18 ATTORNEY GENERAL'S REPORT. [Jan. 

Commonwealth v. Joseph Sullivan. S. J. C. Murder. Defendant 
still in Taunton Lunatic Hospital. 

Commonwealth v. Lucy Ann Mink, alias Mank, alias Martin. S. J. C. 
Murder. Verdict, guilty of manslaughter. Exceptions. Exceptions 
overruled. Sentence, nine years imprisonment. 

George A. Sawyer v. State Board of Health. S. J. C. Petition for a 
jury from order of defendant under St. 1871, c. 167, § 2. Appeal S. C. 
Petition to stand for a hearing. 

Charles Endicott, Treasurer, v. Inhabitants of Hopkinton. S. J. C. 
Contract for expense of supporting insane pauper. Appeal S. C. Argued ; 
not yet decided. 

Commonwealth v. Worcester and Nashua Railroad. S. J. C. Tort for 
penalty under St. 1874, c. 372, § 141. Appeal S. C. Argued; not yet 
decided. 

Commonwealth v. Richard Mahar. S. J. C. Overdriving a horse. 
Exceptions S. C. Defendant defaulted. No error appeared. 

Commonwealth v. John Kelly. S. J. C. Perjury. Exceptions S. C. 
Exceptions overruled. 

Commonwealth v. Edward Hart. S. J. C. Liquor nuisance. Excep- 
tions S. C. Exceptions overruled. 

Commonwealth v. Henry M. Fenno. S. J. C. Assault with a danger- 
ous weapon. Exceptions S. C. Argued ; not yet decided. 

Commonwealth v. John Carroll. S. J. C. Liquor nuisance. Excep- 
tions S. C. Exceptions overruled. 

Commonwealth v. Patrick Gallagher. S. J. C. Keeping liquor with 
intent to sell. Exceptions S. C. Exceptions overruled. 

Commonwealth v. John Newton. S. J. C. Liquor seizure. Excep- 
tions S. C Exceptions sustained. 

Commonwealth v. Maria Fitzgerald. S. J. C. Liquor nuisance. Ex- 
ceptions S. C. Exceptions waived. 

Commonwealth v. Paine G. Ballou. S. J. C. Common nuisance. 
Exceptions S. C. Exceptions overruled. 

Commonwealth v. Timothy Drum. S. J. C. Illegal sale of liquor. 
Exceptions S. C. Exceptions waived. 

Commonwealth v. James Burns. S. J. C. Assault. Exceptions S. C. 
Exceptions waived. 

COUNTY OP NORFOLK. 

Commonwealth v. Dennis Caney. S. J. C. Murder. Defendant still 
in Taunton Lunatic Hospital. 

Commonwealth v. David Scannell. S. J. C. Murder. Defendant 
still in Taunton Lunatic Hospital. 

Commonwealth v. William Shaw. S. J. C. Murder. Plea of mis- 
nomer. Nol. pros, entered. 

Commonwealth v. Emery William Shaw. S. J. C. Murder. Plea, 
not guilty. Prisoner discharged on his own recognizance. 

Commonwealth v. Michael Murphy. S. J. C. Murder. Plea, guilty 
of murder in the second degree. Prisoner stands committed to await 
sentence. 



1878.] PUBLIC DOCUMENT — No. 12. 19 

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

Commonwealth v. Edward McCabe. S. J. C. Illegal sale of liquor. 
Exceptions S. C. Exceptions overruled. 

COUNTY OF PLYMOUTH. 

Commonwealth v. Labree. S. J. C. Keeping and exposing liquor for 
sale. Excej)tions S. C. Exceptions dismissed. 

Commonwealth v. Henry Henlaw. S. J. C. Illegal sale of liquor. 
Exceptions S. C. Exceptions waived. 

COUNTY OF SUFFOLK. 

Commonwealth, by Insurance Commissioner, v Hide and Leather In- 
surance Company. Same v. New England Mutual Marine Insurance 
Company. S. J. C. Petitions for injunctions and winding up of affairs. 
Affairs in hands of receiver. 

Commonwealth, by Deputy Insurance Commissioner, v. Tremont Insur- 
ance Company. Same v. Firemen's Insurance Company. Same v. Boot 
and Shoe Manufacturers' Mutual Fire Insurance Company. Same v. Me- 
chanics' Mutual Fire Insurance Company. S. J. C. Petitions for injunc- 
tions and winding up of affairs. Final decrees. 

Commonwealth, by Deputy Insurance Commissioner, v. National Insur- 
ance Company. Same v. Exchange Insurance Company. Same v. Bos- 
ton Insurance Company. Same v. Suffolk Fire Insurance Company. 
Same v. Manufacturers' Insurance Company. Same v. Howard Insurance 
Company. Same v. . Merchants' Insurance Company Same v. Bay 
State Fire Insurance Company. Same v. Shoe and Leather Dealers' In- 
surance Company. Same v. Franklin Insurance Company. Same v. 
People's Fire Insurance Company. Same v. Washington Insurance Com- 
pany. Same v. Neptune Insurance Company. S. J. C. Petitions for 
injunctions and winding up of affairs. Affairs in hands of receivers. 

Commonwealth, by Insurance Commissioner, v. Builders' Mutual Fire 
Insurance Company. Same v. Conway Mutual Fire Insurance Company. 
Same v. Northampton Mutual Fire Insurance Company. S. J. C. Peti- 
tions for injunctions and winding up of affairs. Affairs in hands of re- 
ceivers. 

Commonwealth, by Commissioner of Savings Banks, v. West Boston 
Savings Bank. S. J. C. Petition for injunction and winding up of affairs. 
Temporary injunction. Temporary injunction dissolved. 

Commonwealth, by Board of Commissioners of Savings Banks, v. Me- 
chanics' Savings Bank. Same v. North Bridgewater Savings Bank. 
Same v. West Boston Savings Bank. S J. C. Petitions for injunctions 
and winding up of affairs. Affairs in hands of receivers. 

Commonwealth, by Board of Commissioners of Savings Banks, v. City 
Five Cents Savings Bank. Same v. Sandwich Savings Bank. Same v. 
Barnstable .Savings Bank. Same v. Hyannis Savings Bank. Same v. 
Taunton Savings Bank. S. J. C. Petitions for injunctions and winding 
up of affairs. Temporary injunctions issued, modified, and still in force. 



20 ATTORNEY GENERAL'S REPORT. [Jan. 

Commonwealth, by Board of Commissioners of Savings Banks, v. 
Woburn Five Cents Savings Bank. S. J. C. Petition for injunction and 
winding up of affairs. Temporary injunction issued. Not yet heard on 
merits. 

Commonwealth, by Deputy Insurance Commissioner, v. Mechanics' 
Mutual Insurance Company. Ex parte Linus M. Child, petitioner. 
Petition for compensation. Petition denied. 

Attorney General, ex relat. Treasurer v. South Pewabic Copper Co. 
Same v. Winthrop Manufacturing Company. Same v. United States 
Manufacturing Company. Same v. Canadian Stop-motion Company. 
Same v American Furniture Company. Same v. Springfield and New- 
buryport Co-operative Mining Company. Same v. United States Electric 
Light Company. Same v. Peet Molding Machine Company. Same v. 
Marginal Freight Railway Company. Same v. American Carpet Clean- 
ing Company. Same v. Drake Gas Light Company. Same v. Estes 
Plow Company. S. J. C. Informations for taxes. Temporary injunctions 
in force. 

Attorney General, ex relat. Treasurer v. Bay State Wheel Company. 
Same v. Beckwith Lumber Co. Same v. Chapman Valve Manufacturing 
Company. Same v. Essex Co-operative Boot and Shoe Company. Same 
v. New England Hod Elevating Company. Same v. YValpole Hair and 
Bedding Company. Same v. Wamesit Power Company. Same v. New 
Bedford Tool Company. S. J. C. Informations for taxes. Taxes paid; 
informations dismissed. 

Attorney General ex relat. Treasurer v. Revere Brick Company. Same 
v. American Railway Frog Company. Same v. Black River Mining 
Conipany. Same v. Haverhill Lime Company. Same v. Cambridge Brick 
Company. Same v. Goodyear Rubber Company. S. J. C. Informations 
for not making returns. Temporary injunctions in force. 

Attorney General, ex relat. Treasurer v. Eastern Marble Company. 
Same v. Phoenix Oil and Land Company. S. J. C. Injormations for not 
making returns. Returns made; informations dismissed. 

Attorney General, ex relat. Commissioner of Corporations v. Black 
River Mining Company. Same v. Haverhill Lime Company. S. J. C. 
Informations for not making returns. Temporary injunctions in force. 

Attorney General, ex relat. Commissioner of Corporations v. Eastern 
Marble Company. Same v. Phoenix Oil and Land Company. S. J. C. 
Informations for not making returns. Returns made ; informations dis- 
missed. 

Attorney General, ex relat. Treasurer, v. Avon Stone Company. S. J. C. 
Information for not making returns. Service not yet made. 

Attorney General, ex relat. Harbor Commissioners, v. Eastern Railroad. 
S. J. C. Information to restrain filing of flats without license. License 
granted; information dismissed by consent. 

In re Charles Nolan; in re Joseph C. Davis; in re Thomas Sheehan. 
S. J. C. Petitions for habeas corpus ; petitions granted; cases adjourned 
into full court. Prisoners remanded. 

In re Andrew Mills; in re Michael McGaffigan. S. J. C. Petitions for 
habeas corpus. Petitions refused. 



1878.] PtJBLIC DOCUMENT — No. 12. 21 

In re James Favor. S. J. C. Petition for habeas corpus for reduction of 
bail. Bail reduced. 

Commonwealth, by Commissioner of Corporations, v. Phoenix Oil and 
Land Company. S. J. C. Petition for dissolution of corporation. Corpo- 
ration dissolved. 

Commonwealth v. Thomas Brennan alias Branning. S. J. C. Murder. 
Defendant still in Lunatic Hospital. 

Commonwealth v. Jesse Harding Pomeroy. S. J. C. Murder. Nol. 
pros, entered. 

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

Commonwealth u. Gottfried Zeigler. S. J. C. Murder. Plea, guilty 
of murder in the second degree. Sentence, imprisonment for life. 

Commonwealth v. Lizzie M. Sullivan. S. J. C. Murder. Plea, guilty 
of manslaughter. Sentence, imprisonment for five years in the House of 
Correction. 

Commonwealth v. Peter Maloney. Same v. Cornelius Tobin. S. J. C. 
Murder. Not yet tried. 

Commonwealth v. Edward McLaughlin. S. J. C. Perjury. Excep- 
tions S. C. Exceptions overruled. 

Commonwealth v. Charles H. Foster. S. J. C. Forgery. Exceptions 
S. C. Exceptions sustained. 

Charles H. Foster v. Commonwealth. S. J. C. Writ of error. Judg- 
ment reversed. 

Commonwealth v John H Walsh. S. J. C. Buying and receiving 
stolen goods. Exceptions S. C. Argued, but not yet decided. 

Commonwealth v. Martin T. Green. S. J. C. Robbery. Exceptions 
S. C. Exceptions overruled. 

Commonwealth v. Guildford White. S. J. C. Receiving stolen goods. 
Exceptions S. C. Exceptions overruled. Motion for re-hearing. Re- 
hearing denied. 

Commonwealth v. Michael Malley. S. J. C. Breaking and entering a 
building. Exceptions S. C. Exceptions waived. 

Commonwealth v. Andrew J. Lynn. S. J. C. Assault with a pistol. 
Exceptions S. C. Exceptions sustained. 

Commonwealth v. John Gazzolo. S. J. C. Larceny, and receiving 
stolen goods. Exceptions S. C Exceptions sustained. 

Commonwealth v. Joseph Butts. S. J. C. Larceny. Exceptions S. C. 
Not yet argued. 

Commonwealth v. Fannie B. Drake. S. J. C. Abortion. Exceptions 
S. C. Exceptions overruled. 

Commonwealth v. Charles Carroll. S. J. C. Larceny from a building. 
Exceptions S. C. Exceptions overruled. 

Commonwealth v. Timothy Coughlin. S. J. C. Assault on an officer. 
Exceptions S. C. Exceptions overruled. 

Commonwealth 17. Thomas L. Hurd. S. J. C. Larceny. Exceptions 
S. C. Exceptions overruled. 

Commonwealth t7. William I. Powell. S. J. C. Assault and battery. 
Exceptions S. C. Exceptions waived. 

Commonwealth v. Dennis McDermott. S. J. C. Larceny. Excep- 
tions S. C. Exceptions sustained. 



22 ATTORNEY GENERAL'S REPORT. [Jan. 

William J. Sutherland v. Commonwealth. S. J. C. Writ of error. 
Not yet argued. 

Attorney General, ex relat. Insurance Commissioner, v. Mercantile 
Marine Insurance Company. S. J. C. Information for violation of St. 
1874, c. 222. Motion for re-hearing. Re-hearing denied. Information 
dismissed. 

Commonwealth v. Edwin B. Dow. S. C. Contract for insurance tax. 
Judgment partially satisfied. 

Commonwealth v. William H. Gerrish. A. C. Blethen and R. Currier. 
S. C. Contract for insurance tax. Judgment not yet satisfied. 

Commonwealth v. John E. Collins. S. C. Contract for insurance tax. 
Judgment for the Commonwealth. Judgment satisfied. 

Commonwealth v. Thomas M. James et al. S. C. Contract for tax. 
Tax paid. 

Commonwealth v. Charles H. Cole et al. S. C. Contract on insurance 
agent's bond. Judgment for Commonwealth. Judgment satisfied. 

Commonwealth v. Edwin B. Dow et al. S. C. Contract on insurance 
agent's bond. Tax paid. 

Peter Roos v. William R. Ware. Municipal Court. Replevin of draw- 
ings belonging to State Normal Art-School. Judgment for defendant. Ap- 
peal. Appeal not yet heard. 

COUNTY OF WORCESTER. 

Commonwealth v. William Spakeman. S. J. C. Murder. Prisoner 
committed to insane asylum at Taunton. 

Commonwealth, by Commissioner of Savings Banks, v. Lancaster Sav- 
ings Bank. S. J. C. Petition for injunction and winding up of affairs of 
the bank. Affairs still in the hands of the receivers. 

Commonwealth, by Commissioner of Savings Bank, v. Lancaster Sav- 
ings Bank. Ex parte Commonwealth of Massachusetts. S. J. C 
Petition for payment of tax from assets in hand of receivers. Judgment for 
bank. Appeal to full court. Judgment affirmed. 

Commonwealth v. William Brahany. S. J. C. Keeping a dog without 
a license. Exceptions S. C. Exceptions overruled. 

Commonwealth v. William Brigham. S. J. C. Breaking and entering. 
Exceptions S. C. Exceptions overruled. 

Commonwealth v. John Powers. S. J. C. Keeping liquor icith intent to 
sell. Exceptions S. C. Exceptions overruled. 

Commonwealth v. Henry J. Chamberlain. S. J. C. Larceny. Ex- 
ceptions S. C. Exceptions waived. 

Commonwealth v. James P. Mulcahy. S. J. C. Murder. Not yet 
tried. 

SUPREME COURT OF THE UXITED STATES. 

Joseph T. Barry v. Commonwealth. Writs of error. Judgment 

affirmed. Plaintiff in error failed to appear. 

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



1878.] PUBLIC DOCUMENT — No. 12. 23 

DISTRICT COURT OF THE UNITED STATES. 

In re Grafton Mills. Claim for tax. No assets. 

In re J. Mortimer Goldsmith & Co. Claim for debt due Warden of 
State Prison. Dividend of 35 per cent paid. 

In re Beckwith Lumber Co. Claim for tax. Tax paid in full. 

In re Lewis Perrin. Claim for insurance agent's tax. Tax paid by 
company. 



24 ATTORNEY GENERAL'S REPORT. [Jan. 



CASES 

Requiring the Attorney General's Official Supervision during the 
Year 1877, though not conducted nor argued by him. 



COUNTY OF BERKSHIRE. 

Attorney General v. Housatonic Railroad Company. S. J. C Infor- 
mation for an injunction. Perpetual injunction decreed. 

COUNTY OF FRANKLIN. 

Trustees of Dickenson Academy and Deerfield Academy. Petitioners 
for instructions as to administration of a public trust. Final decree. 

COUNTY OF MIDDLESEX. 

Nathan Tufts, Jr., et al. v. City of Charlestown et al. S. J. C. Peti- 
tion to ascertain boundaries of flats at Prison Point. Final decree. 

John Johnson et al. v. Edward E. Hale et al. S. J. C. Bill for in- 
structions as to administration of a public trust. Final decree. 

Attorney General ex relat. v. James O. Parker. S. J. C. Bill for 
instructions as to administration of a public trust. Reserved on bill and 
demurrer for the full court. Not yet argued. 

COUNTY OF PLYMOUTH. 

Attorney General ex relat. Arthur Lord v. Inhabitants of Plymouth. 
S. J. C. Information for injunction. Perpetual injunction decreed. 

COUNTY OF SUFFOLK. 

Attorney General ex relat. v. William T. Hart et al. S. J. C. Not yet 
tried. 

George S. Montague v. Boston and Albany Railroad et al. S. J. C. 
Bill to redeem a mortgage. Argued; not yet decided. 

Richardson v. Hall et al. S. J. C. Bill for instructions as to adminis- 
tration of trust. Argued; not yet decided. 

William Minot et al. v. Perkins Asylum and Institution for the Blind. 
S. J. C. Petition for instructions as to public charity. Referred to a 
master; not yet heard. 

Shaw v. Shaw Asylum for Mariners' Children. Minot v. Charles 
Harris et al. S. J. C. Bills for instructions as to administrations of public 
charities. Final decrees. 

Attorney General ex relat. State Board of Health v. George Bowman. 
Same v. Walter S. Wilkins. S. J. C. Informations to restrain trade of 
slaughtering. Temporary injunction in force. 



1878.] PUBLIC DOCUMENT — No. 12. 25 

Attorney General v. City of Boston. S. J. C. Information to restrain 
free ferries. Bill dismissed by agreement. 

Attorney General ex relat. E. D. Jordan et al. v. Metropolitan Rail- 
road. Same v. Metropolitan Railroad. S. J. C. Informations to restrain 
laying of tracks in city of Boston. Demurrer sustained. Appeal. Appeal 
not yet heard. 

Attorney General v. Middlesex Railroad. Same v. Metropolitan Rail- 
road. S. J. C. Informations. Not yet heard. 

J. W. Rice v. National Bank of Commerce et al. S. J. C. Petition by 
private person for writ of quo warranto. Attorney-General declined to 
intervene. 

In re American Sugar Refinery. S. J. C. Petition for dissolution of 
corporation. Not yet heard. 

In re Frohock Last Company. In re Eastern Marble Company. In re 
Suffolk Mutual Insurance Company. In re Golden City Mineral and 
Land Company. S. J. C. Petitions for dissolution of corporations. Cor- 
porations dissolved. 

Commonwealth v. Abraham Jackson et al. S. J. C. Contract on 
receivers bond. Not yet tried. 

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

COUNTY OF WORCESTER. 

Attorney General v. Alonzo W. Bennett. S. J. C. Information to 
enforce a public charity. Not yet heard. 

Attorney General ex relat. Inhabitants of Douglas v. Albert Butler 
et al. S. J. C. Information to enforce a public charity. Final decree for 
defendant. 

Attorney General ex relat. v. City of Worcester. S. J. C. Petition for 
a mandamus. Mandamus issued. 



r