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PUBLIC   DOCUMENT No.  12. 


ANNUAL   REPORT 


ATTORNEY-GENERAL, 


YEAR    1878. 


BOSTON: 
lElantj,  ^berg,  ^  Co.,  printers  lo  tl^e  €^omnton63£aItf), 

117  Franklin  Street. 
1879. 


PUBLIC  DOCUMENT No.  12. 


ANNUAL   REPORT 


ATTORNEY-GENERAL. 


YEAR    1878. 


BOSTON : 
Kanti,  ^tierg,  Sc  dLo.,  printers  to  tlje  Cr0mmonfccalt|^, 

117  Franklin  Street. 
1879. 


^ommcnroealtl)  of  iSla00ac[)U0ctt0. 


Boston,  Jan.  11,  1879. 
Hon.  Levi  C.  Wade,  Speaker  of  the  House  of  Representatives. 

Sir,  —  I  have  tlie  honor  to  transmit  to  you  herewith  my 
official  Rej^ort  for  the  year  ending  on  the  third  Wednesday  in 
January,  A.D.  1879. 

I  am  very  respectfully 

Your  obedient  servant, 

CHAS.  R.  TRAIN. 


^ommontocaltl)  of  iHarisacliusctK 


Attorney-General's  Office, 
Jan.  15,  1879. 

To  the  Honorable  the  Speaker  of  the  House  of  Representatives. 

I  have  the  honor  to  submit  through  you,  to  the  Legislature, 
my  official  report  for  the  year  ending  Jan.  15,  1879. 

The  whole  number  of  cases  in  the  various  courts  of  the 
Commonwealth,  which  have  required  my  personal  attention, 
is  201,  classified  as  follows  :  — 


Indictments  for  capital  crimes  .... 
Exceptions,  appeals,  and  reports  in  criminal  cases 
Informations  ex  relatione  Insui'ance  Commissioner 
Informations  ex  relatione  Treasurer 
Infonnations  ex  relatione  private  persons 
Informations  ex  relatione  Comiiiissioners  of  Savings  Banks 
Informations  ex  relatione  Commissioner  of  Corporations 
Informations  ex  relatione  State  Board  of  Health 
Miscellaneous  ......... 


21 
65 
19 
36 
8 
19 


26 
201 


In  the  courts  of  the  United  States  three  cases,  making  the  whole 

number  of  cases  under  my  charge  during  the  year  .         .     204 

I  have  attended  to  the  conduct  and  disposition  of  the  fol- 
lowing indictments  for  murder  :  — 

In  the  County  or  Berkshire. 

Two  indictments  against  John  Ten  Eyck  for  the  murder 
of  David  Stillman  with  an  axe  ;  and  a  third  indictment  for 
the  murder  of  Sarah  Stillman,  the  wife  of  David  Stillman, 
with  an  axe.  These  indictments  were  returned  against  Ten 
Eyck,  by  the  Grand  Inquest  for  the  County  of  Berkshire,  at 
the  January  term  of  the  Superior  Court,  1878. 

The  defendant  was  put  upon  his  trial  in  the  Supreme  Judi- 
cial Court,  before  Colt  and  Ames,  J. J.,  on  the  15th  of  May 


6  ATTORNEY-GENERAL'S    REPORT.         [Jan. 

last,  upon  an  indictment  for  the  murder  of  David  Stillraan. 
The  trial  occupied  four  days,  and  resulted  in  a  verdict  of 
murder  in  the  first  degree ;  and  Ten  Eyck  was  sentenced  to 
death.  The  sentence  has  been  executed.  Messrs.  Hebert 
B.  Joyner,  Samuel  Bowerman,  and  N.  W.  Shores  for  the 
defence.  Mr.  District-Attorney  Leonard  assisted  me  in  the 
prosecution.  After  the  execution  of  Ten  Eyck  I  nol.  j^rosd 
the  remaining  indictments. 

An  indictment  against  Thomas  Monahan  for  the  murder 
of  officer  Thomas  Quinn. 

The  defendant  was  put  upon  his  trial  on  the  eleventh  day 
of  September  last,  in  tlie  Supreme  Judicial  Court,  before  Colt 
and  Lord,  J.J.  The  trial  occupied  four  days,  and  resulted  in 
a  verdict  of  manslaughter.  The  defendant  was  sentenced  to 
imprisonment  in  the  State  Prison,  for  the  terra  of  fifteen 
years,  one  day  solitary. 

An  indictment  against  Jolm  Monahan  and  Thomas  Mona- 
han is  still  pending,  John  Monahan  having  escaped  to  New 
York,  and  the  Executive  of  that  State  declining  to  surrender 
him  upon  the  requisition  of  Massachusetts.  Messrs.  Frank 
W.  Rockwell  and  the  Hon.  Martin  I.  Townsencl  of  Troy, 
N.Y.,  conducted  the  defence.  Mr.  District-Attorney  Leonard 
assisted  me  in  the  prosecution. 

In  THE  County  of  Bristol. 

An  indictment  against  William  Brock  Minckler  for  the 
murder  of  Patrick  H.  O'Keefe,  by  shooting  with  a  pistol. 
This  indictment  was  returned  by  the  grand  jury  at  the 
September  term  of  the  Superior  Court :  and  on  the  19th  of 
November  I  accepted  a  plea  of  guilty  of  murder  in  the 
second  degree ;  and  Minckler  was  sentenced  to  the  State 
Prison  for  life,  one  day  solitary. 

In  the  County  of  Middlesex. 

Two  indictments  against  William  H  Devlin,  —  one  for  the 
murder  of  his  wife,  and  the  other  ("or  the  murder  of  his  infant 
child,  in  December,  1877. 

Tliese  indictments  were  returned  by  the  grand  jury  at  the 
February  term,  1878.  Owing  to  an  error  in  one  of  the  indict- 
ments, a  new  indictment  for  the  murder  of  his  wife  was  re- 
turned against  him  at  the  June  term,  upon   which   he  was 


1879.]  PUBLIC   DOCUMENT  — No.  12.  7 

tried  at  the  October  term,  of  the  Supreme  Judicial  Court, 
before  Justices  Ames  and  Endicott.  The  trial  occupied 
nearly  three  days,  and  resulted  in  a  verdict  of  guilty  of 
murder  in  the  first  degree.  Exceptions  were  taken  to  rulings, 
which  have  been  argued  in  the  full  court,  and  overruled,  and 
the  defendant  sentenced  to  death. 

Messrs.  William  B.  Gale,  and  William  H.  Anderson  con- 
ducted the  defence,  and  Mr.  District-Attorney  Stevens 
assisted  me  in  the  prosecution. 

The  remaining  indictments  were  nol.  pros' d. 

In  the  County  of  Suffolk. 

An  indictment  against  Peter  Mahony  for  the  murder  of 
Bridget  Frances  Kenealy  with  a  knife.  I  accepted  a  plea 
of  guilty  in  the  second  degree ;  and  the  defendant  was  sen- 
tenced to  the  State  Prison  for  life,  one  day  solitary.  This 
indictment  was  returned  by  the  grand  jury  at  the  December 
term,  1877. 

An  indictment  against  Cornelius  Tobin  for  the  murder  of 
Marj^  Mahegan  with  a  lamp.  This  indictment  was  returned 
by  the  grand  jury  at  the  January  terjn,  1878.  Upon  an 
examination  of  the  facts  I  advised  an  indictment  for  man- 
slaughter in  the  Superior  Court,  and  nol.  pros'd  this  indict- 
ment. 

An  indictment  against  John  Taylor  for  tlie  murder  of 
Martha  Taylor  by  blows  administered  with  his  hands  and 
feet.  This  indictment  was  returned  by  the  grand  jurj^  at 
the  April  term,  1878.  I  accepted  a  plea  of  guilty  in  the 
second  degree  ;  and  the  defendant  was  sentenced  to  the  State 
Prison  for  life,  one  day  solitary. 

An  indictment  against  Carl  Carlson  for  the  murder  of 
Rudolph  Modee  by  shooting  with  a  pistol.  This  indictment 
was  returned  by  the  grand  jury  at  the  July  term,  1878.  I 
accepted  a  plea  of  guilty  in  the  second  degree ;  and  the 
defendant  was  sentenced  to  the  State  Prison  for  life,  one  day 
solitary. 

The  number  of  applications  for  requisitions  upon  the 
Executives  of  other  States  for  the  extradition  of  fugitives 
from  justice  during  the  year  1878  has  been  40;  number 
granted  for  39  persons,  38;  refused,  2;  returned  for  tiial, 


8  ATTORNEY-GENERAL'S   REPORT.  [Jan. 

30.  The  number  of  requisitions  from  other  States  upon  the 
Executive  of  this  Commonwealth  has  been  20 ;  number 
complied  with,  14;  refused,  6;  expense  to  the  Common- 
wealth incurred  in  the  extradition  of  fugitives  from  justice, 
1910. 

Of  miscellaneous  claims  there  have  been  collected  through 
this  office  the  sum  of  three  hundred  and  forty-three  thou- 
sand, three  hundred  and  fifty-five,  and  -j^^^^  dollars  (8343,355.- 
99).  This  includes  the  large  payment  made  by  the  Boston 
and  Albany  Railroad. 

The  sum  of  one  hundred  and  forty  and  -:^-^-q  dollars  ($140.- 
32)  has  been  expended,  under  sect.  24  of  chap.  14  of  the 
General  Statutes,  for  the  contingent  expenses  of  civil  actions. 

I  transmit  herewith  tables  showing  the  details  of  the  cases 
which  have  been  under  my  charge  during  the  past  year. 

I  am  very  respectfully 

Your  obedient  servant, 

CHAS.  R.  TRAIN. 


1879.] 


PUBLIC  DOCUMENT  — No.  12. 


TABLE 

Showing  the  Number  of  Criminal  Cases  pending  on  Questions  of 
Laic  in  the  Supreme  Judicial  Court  during  the  Year  ending 
Jan.  15,  1879,  and  the  Disposition  thereof  by  Counties. 


COUNTIES. 

.5 
1 

d 

o    -P 

li 

li 

s  i 

.5  H 

li 
II 

o 

G 

< 

3 
o 

Berkshire ...... 

Bristol 

Essex 

Franklin  ...... 

Hampshire        ..... 

Middlesex 

Norfolk 

Plymouth 

Suffolk 

Worcester 

1 
11 

8 

1 

0 

12 

8 

1 

19 

2 

8 
6 

2 
7 
5 
1 
11 
1 

3 
1 

1 

3 

1 

2 

4 
3 

5 
1 

- 

Totals 

65 

41 

8 

16 

- 

10 


ATTORNEY-GENERALS   REPORT. 


[Jan. 


TABLE 

Showing  the  Number  and  Character  of  Criminal  Cases  pending  on 
Questions  of  Law  in  the  Supreme  Judicial  Court  during  the 
Year  ending  Jan.  15,  1879,  and  the  Disposition  thereof. 


, 

a 

^ 

a 

o 

fl 

>. 

s 

ti 

0) 

OFFENCES. 

s 

^1 

■a 

>, 

OJ 

1  1 

'S    o 

3    S 

O 

c3 

<u  a 

Ef  ■§ 

'A 

O 

fi 

P 

< 

Abortion 

1 

1 

Arson        ...... 

1 

- 

- 

1 

- 

Assault  on  officers     .... 

1 

- 

- 

1 

- 

Assault  with  intent  to  kill 

1 

1 

- 

- 

- 

Breaking  and  entering 

1 

- 

- 

1 

- 

Burning    buildings   with    intent    to 

defraud  insurance  companies 

1 

1 

- 

- 

- 

Buying  and  receiving  stolen  goods    . 

1 

1 

- 

- 

- 

Common  nuisance     .... 

1 

1 

- 

- 

- 

Forging    .         .         .       _  . 

1 

- 

1 

- 

- 

Fraudulently     adulterating     confec- 

tionery ...... 

1 

- 

1 

- 

.        - 

Habeas  corpus  ..... 

1 

— 

— 

1 

— 

Idle  and  disorderly  .... 

1 

1 

- 

- 

- 

Keeping  a  public  bar 

1 

- 

1 

- 

- 

Larceny    ...... 

4 

3 

- 

1 

- 

Larceny  from  a  building  . 

2 

2 

- 

- 

- 

Larceny  from  a  person 

1 

1 

- 

- 

- 

Larceny    and    obtaining     goods    by 

false  pretences        .... 

1 

1 

- 

- 

- 

Larceny  and  receiving  stolen  goods  . 

1 

1 

- 

- 

- 

Liquor,  illegal  sale  of         .          .          . 

7 

5 

- 

2 

- 

Licpior,   illegal  keeping  with   intent 

to  sell 

3 

2 

-    ■ 

1 

- 

Liquor  nuisance        .... 

16 

11 

2 

3 

- 

Licjuor  nuisance  and  place  for  prosti- 

tution   ...... 

1 

1 

- 

- 

_ 

]\lanslaugiiter 

2 

1 

1 

- 

- 

JMurder      ...... 

1 

1 

- 

- 

_ 

Obtaining  signatures   by  false   pre- 

tences   ...... 

1 

- 

- 

1 

- 

Obtaining  money  by  false  pretences  . 

2 

- 

- 

2 

- 

Polygamy          .         .         .         •         . 

1 

- 

1 

- 

- 

Printing    and    publishing     obscene 

pictures          ..... 

1 

— 

1 

— 

— 

Receiving  stolen  goods 

1 

1 

- 

- 

- 

liobbery    ...... 

1 

1 

- 

- 

- 

Unlawful  attempt  to  procure  miscar- 

liage      ...... 

2 

2 

— 

— 

— 

Wantonly   destroying    trees    in   the 

highway         ..... 

1 

- 

— 

1 

— 

"Writ  of  error    ..... 

3 

2 

- 

1 

- 

Total 

65 

41 

8 

16 

- 

1879.] 


PUBLIC   DOCUMENT  — No.   12. 


11 


TABLE 

SJioiving  the  Number  and  Character  of  Cases  not  Criminal  pending 
on  Questions  of  Lato  in  the  Supreme  Judicial  Courts  and  argued 
by  the  Attorney-General  during  the  Year  ending  Jan.  15,  1879, 
and  the  Disposition  thereof. 


cs     ^ 


■3  a 

OJ      o 


Contract  for  support  of  pauper  at  State  Lunatic 
Asylum        ........ 

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

Total 


12  ATTORNEY-GENERAL'S   REPORT.  [Jan. 


CASES 

Argued  and  conducted  hy  the  Attorney-  G-eneral  during  the  Year 
ending  Jan.  15,  1879. 


COUNTY   OF   BERKSHIRE. 

Commonwealth  v.  John  Ten  Eyck.  S.  J.  C.  Murder.  Verdict, 
guilty  of  mm-der  in  the  first  degree.     Sentence,  death. 

Commonwealth  v.  John  Ten  Eyck.  S.  J.  C.  Murder.  Nol.  pros. 
entered. 

Commonwealth  v.  John  Ten  Eyck.  S.  J.  C.  Mw-der.  Nol.  pros. 
entered. 

Commonwealth  v.  John  JNIonahan  and  Thomas  Monahan.  S.  J.  C. 
Murder.     Not  yet  tried. 

Commonwealth  v.  Thomas  Monahan.  S.  J.  C.  Murder.  Verdict, 
guilty  of  manslaughter.  Sentence,  fifteen  years'  imprisonment  in  the 
State  Prison. 

Commonwealth  r.  James  Holmes.  S.  J.  C.  Arson.  Exceptions  S.  C. 
Argued,  not  yet  decided. 

COUNTY   OF    BRISTOL. 

CommonM'ealth  v.  William  Brock  Minckler.  S.  J.  C.  Murder.  Plea, 
■guilty  of  murder  in  the  second  degree.  Sentence,  imprisonment  in  the 
State  Prison  for  life. 

Commonwealth  v.  William  F.  Gifford.  S.  J.  C.  Liquor  nuisance. 
Exceptions  S.  C.     Exceptions  overruled. 

Commonwealth  v.  Cora  Barton.  S.  J.  C.  Idle  and  disorderly.  Ex- 
ceptions S.  C.     Exceptions  waived. 

Commonwealth  v.  James  McKenzie.  S.  J.  C.  Liquor  nuisance.  Ex- 
ceptions S.  C.     Exceptions  waived. 

Commonwealth  v.  James  McKenzie.  S.  J.  C.  Liquor  nuisance.  Ex- 
ceptions S.  C.     Exceptions  waived. 

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

("ommonwealth  v.  Charles  T.  Dejardin.  S.  J.  C.  Printinrj  and  pub- 
lishing obscene  pictures.     Exceptions  S.  C.     Exceptions  sustained. 

Commonwealth  v.  Michael  H.  Fay.  S.  J.  C.  Liquor  nuisance.  Ex- 
ceptions S.  C.     Exceptions  sustained. 


1S79.]  PUBLIC  DOCUMENT  — No.  12.  13 

Commonwealth  v.  James  McGill.  S.  J.  C.  Liquor  nuisance.  Excep- 
tions S.  C.     Exceptions  sustained. 

Commonwealth  v.  Daniel  Green.  S.  J.  C.  Liquor  nuisance.  Excep- 
tions S.  C.     Exceptions  overruled. 

Commonwealth  v.  Jabez  E.  Walcott.  S.  J.  C.  Illegal  sale  of  liquor. 
Exceptions  S.  C.     Exceptions  overruled. 

Commonwealth  v.  Patrick  McKenna.  S.  J.  C.  Illegal  sale  of  liquor. 
Exceptions  S.  C.     Exceptions  overruled. 

COUJ^TY   OF    ESSEX. 

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

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

Commonwealth  v.  Thomas  Gateley.  S.  J.  C.  Receiving  stolen  goods. 
Exceptions  S.  C.     Exceptions  overruled. 

Commonwealth  v.  Celia  C.  Sliney.  S.  J.  C.  Liquor  nuisance,  and  a 
place  resorted  to  for  prostitution.     Exceptions  S.  C.     Exceptions  overruled. 

Commonwealth  v.  Robert  Dalton.  S.  J.  C.  Larceng  from  a  huilding. 
Exceptions  S.  C.     Exceptions  overruled. 

Commonwealth  v.  Ole  Levy.  S.  J.  C.  Illegal  keeping  of  intoxicating 
liquor.     Exceptions  S.  C.     Exceptions  overruled. 

Commonwealth  v.  Michael  Foynes.  S.  J.  C.  Illegal  keeping  of  intoxi- 
cating liquor  loitli  intent  to  sell.  Exceptions  S.  C.  Argued,  not  yet  de- 
cided. 

Commonwealth  u.  Edwaixl  Donahue.  S.  J.  C.  Illegal  keeping  of  intox- 
icating liquor.     Exceptions  S.  C     Exceptions  overruled. 

Commonwealth  v.  Hugh  Harkins.  S.  J.  C.  Obtaining  money  hy  false 
pretences.     Exceptions  S.  C.     Argued,  not  yet  decided. 

COUKTY   OF    FRANKLIN. 

Commonwealth  v.  Howard  A.  Richardson.  S.  J.  C.  Polygamy. 
Report.      New  trial  ordered. 

COUNTY   OF    HAMPSHIRE. 

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

Commonwealth  v.  Levi  Bradford.  S.  J.  C.  Burning  mill  and  shop 
luith  intent  to  defraud  insurance  companies.  Exceptions  S.  C.  Exceptions 
overruled. 

COUNTY   OF    MIDDLESEX. 

Commonwealth  v.  William  Henry  Devlin.  S.  J.  C.  Murder.  Ver- 
dict, guilty  of  murder  in  the  first  degree.  Exceptions.  Exceptions  over- 
ruled.    Sentence,  death. 

Commonwealth  v.  William  Henry  Devlin.  S.  J.  C.  Murder.  Nol. 
pros,  entered. 

Attorney- General  v.  Boston  and  Lowell  Railroad  Company.     S.  J.  C. 


14  ATTORNEY-GENERAL'S   REPORT.         [Jan. 

Information  to  restrain  Jilling  flats.  Final  decree  restraining  filling  as 
prayed  for. 

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

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

Charles  Endicott,  Treasurer,  v.  Inhabitants  of  Hopkinton.  S.  J.  C. 
Contract  for  expense  of  supporting  insane  j^uper.  Appeal  S.  C.  Judg- 
ment affirmed. 

Commonwealth  v.  Worcester  and  Nashua  Railroad  Company.  S.  J.  C. 
Tort  J  or  penalty  under  Stats.  1874,  chap.  372,  §141.  Appeal  S.  C.  Judg- 
ment for  defendant. 

Commonwealth  v.  Henry  M.  Fenno.  S.  J.  C.  Assault  with  intent  to 
kill.     Exceptions  S.  C.     Exceptions  overruled. 

Commonwealth  v.  George  F.  Chase.  S.  J.  C.  Common  nuisance.  Ex- 
ceptions S.  C.     Exceptions  overruled. 

Commonwealth  v.  Eliza  Connors.  S.  J.  C.  Liquor  nuisance.  Excep- 
tions S.  C.     Exceptions  overi-uled. 

Commonwealth  v.  Patrick  Hickey.  S.  J.  C.  Keeping  a  public  bar. 
Exceptions  S.  C.     Exceptions  sustained. 

Commonwealth  y.  Martin  Byrnes.  S.  J.  C.  Liquor  nuisance.  Appeal 
S.  C.     Judgment  affirmed. 

Commonwealth  v.  Martin  Byrnes.  S.  J.  C.  Illegal  sale  of  liquor. 
lieport  S.  C.     Argued,  not  yet  decided. 

Commonwealth  o.  Thomas  J.  McDuffy.  S.  J.  C.  Obtaining  money  by 
false  pretences.     Exceptions  S.  C     Argued,  not  yet  decided. 

Commonwealth  v.  James  Griffiths.  S.  J.  C.  Robbery.  Exceptions 
S.  C.     Exceptions  overruled. 

Commonwealth  v.  Edward  Le  Motte.  S.  J.  C.  Unlanful  attempt  to 
procure  miscarriage.     Exceptions  S.  C.     Exceptions  waived. 

Commonwealth  v.  Albert  W.  Worcester.  S.  J.  C.  Liquor  nuisance. 
Exceptions  S.  C.     Argued,  not  yet  decided. 

Commonwealth  v.  George  A.  Culver.  S.  J.  C.  Breaking  and  ottering. 
Exceptions  S    C.     Argued,  not  yet  decided. 

Commonwealth  v.  Augusta  L.  Hayes.  S.  J.  C.  Unlanful  attempt  to 
procure  miscarriage.     Exceptions  S.  C.     Exceptions  overruled. 

COUNTY   OF    NORFOLK. 

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

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

Commonwealtli  v.  Michael  Murphy.  S.  J.  C.  Murder.  Plea,  guilty 
of  murder  in  the  second  degree.  Sentence,  imprisonment  in  the  State 
Prison  for  life. 

Commonwealth  v.  Henry  J.  Kahlmeyer  S.  J.  C.  lAquor  nuisance. 
Exceptions  S.  C      Exceptions  overruled. 

Commonwealth  v.  Charles  T.  Sumner.  S.  J.  C.  Liquor  nuisance. 
Exceptions  S.  C.     Exceptions  overruled. 


1879.]  PUBLIC  DOCUMENT  — No.  12.  15 

Commonwealth  v.  Frederick  Broadbeck.  S.  J.  C.  Illegal  sale  of 
liquor.     Exceptions  S.  C.     Exceptions  overruled. 

Commonwealth  v.  Edward  Fraher.  S.  J.  C.  Liquor  nuisance.  Ex- 
ceptions S.  C.     Exceptions  overruled. 

Commonwealth  u.  Edward  Fraher,  2d.  S.  J.  C.  Liquor  nuisance. 
Exceptions  S.  C.     Argued,  not  yet  decided. 

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

Commonwealth  v.  John  Robinson.  S.  J.  C.  Liquor  nuisance.  Excep- 
tions S.  C.     Argued,  not  yet  decided. 

Commonwealth  v.  John  McCormaek.  S.  J.  C.  Illegal  sale  of  liquor. 
Exceptions  S.  C.     Argued,  not  yet  decided. 

COUNTY   OF    PLYMOUTH. 

Commonwealth  v  Owen  Martin.  .S.  J.  C.  Manslaugliler.  Excep- 
tions S.  C.     Exceptions  overruled 

COUNTY   OF    SUFFOLK. 

Commonwealth,  by  Insurance  Commissioner,  v.  Hide  and  Leather 
Insurance  Company.  Same  v.  Builders'  Mutual  Fire  Insurance  Com- 
pany. S.  J.  C.  Petitions  for  injunctions  and  winding-up  of  affairs.  Final 
decrees. 

Commomvealth,  by  Insurance  Commissioner,  v.  New  England  Mutual 
Marine  Insurance  Company.  Same  v.  Conway  Mutual  Fire  Insurance 
Company  Same  v.  Nortliampton  Mutual  Fire  Insurance  Company. 
Same  v.  Home  Mutual  Insurance  Company.  S.  J.  C.  Petitions  for 
injunctions  and  winding-up  of  affairs.     Affairs  in  hands  of  receivers 

Coinnionwealth,  by  Deputy  Insurance  Commissioner,  v.  National  In- 
surance Company.  Same  v.  Exchange  Insurance  Company.  Same  v. 
Boston  Insurance  Company.  Same  v.  Suffolk  Fire  Insurance  Company. 
Same  j>.  Manufacturers'  Insurance  Company.  Same  r.  Howard  Fire 
Insurance  Company.  Same  v.  ]\Iercliants'  Insurance  Company.  Same 
V.  Bay  State  Fire  Insurance  Company.  Same  v.  Shoe  and  Leather 
Dealers'  Insurance  Company.  Same  v.  Franklin  Insurance  Company. 
Same  v.  People's  Fire  Insurance  Company.  Same  v.  Wasliington  Insur- 
ance Company  Same  v.  Neptune  Insurance  Company.  S.  J.  C.  Peti- 
tions for  injunclions  and  luinding-up  of  affairs.  Affairs  in  hands  of  re- 
ceivers. 

Commonwealth,  by  Board 'of  Commissioners  of  Savings  Banks,  v. 
North  Bridgewater  Savings  Bank.  Same  r.  Mechanics'  Savings  Bank. 
Same  v.  Sandwich  Savings  Bank.  Same  v.  Barnstable  Savings  Bank. 
Same  v.  Hyannis  Savings  Bank.  Same  v.  West  Boston  Savings  Bank. 
Same  v.  Mercantile  Savings  Institution.  Same  v.  Dorchester  Savings 
Bank.  Same  v.  Rockport  Savings  Bank.  Same  o.  Lexington  Savings 
Bank.  S.  J.  C  Petitions  for  injunctions  and  winding-up  <f  aj/'airs.  Af- 
fairs in  hands  of  receivers. 

Commonwealth,  by  Board  of  Commissioners  of  Savings  Banks,  v.  City 
Five  Cents  .Savings  Bank.  Same  v.  Taunton  Savings  Bank.  Same  v. 
Wobuni  Five  Cents  Savings  Bank.     Same  v.  Haydenville  Savings  Bank. 


16  ATTORNEY-GENERAL'S   REPORT.         [Jan. 

Same  v.  Home  Savings  Bank.  Same  v.  Newburyport  Five  Cents  Savings 
Bank.  Same  v.  Broadway  Sa^iugs  Bank  at  Lawi-euce.  Same  v.  Emi- 
grants' Savings  Bank.  S.  J.  C.  Petitions  for  injunctions  and  winding-up 
of  affairs.     Temporary  injunctions  modified  and  still  in  force. 

Attorney-General,  ex  relat.  Treasurer  v.  South  Pewabic  Copper  Com- 
pany. Same  v.  Winthrop  Manufacturing  Company.  Same  v.  United 
States  Manufacturing  Company.  Same  v.  Canadian  Stop-Motion  Com- 
pany. Same  v.  American  Furniture  Company.  Same  v.  Springfield  and 
Newburyport  Co-operative  Mining  Company.  Same  v  United  States 
Electric  Liglit  Company.  Same  v.  Peet  Moulding  Machine  Company. 
Same  v.  Marginal  Freight  Railroad  Company.  Same  v.  American  Carpet 
Cleaning  Company.  Same  v.  Drake  Gas-Light  Company.  Same  v. 
Estes  Plow  Company.  Same  v.  American  Consolidated  Fire-Extinguisher 
Company.  Same  v.  Boston  Post  Company.  S.  J.  C.  Informations  for 
taxes.     Temporary  injunctions  in  force. 

Attorney-General,  ex  relat.  Treasurer  v.  American  Gas-Screen  Manu- 
turing  Company.  Same  v.  Boston  and  West  Roxbury  Railroad  Company. 
Same  v.  Boston  Car-Spring  Company.  Same  v.  Cape  Ann  Granite  Com- 
pany. Same  v.  Chapman  Valve  Manufacturing  Company.  Same  v. 
Eastern  Stone  Company.  Same  v.  Franklin  Electric  Gas-Lighting  Com- 
pany. Same  v.  Gage  Check  Company.  Same  v.  Gas-Light  Lnprove- 
ment  Company.  Same  v.  Heliotv^^e  Printing  Company.  Same  v.  Hiscox 
File  Manufactm-ing  Company.  Same  v.  New  Bedford  Tool  Company. 
Same  v.  Suffolk  Brewing  Company.  Same  v.  Times  Publishing  Company. 
Same  v.  Winn  Lock  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 
Company.  Same  v.  Haverhill  Lime  Company.  Same  v.  Cambridge 
Brick  Company.  Same  v.  Goodyear  Rubber  Company.  S.  J.  C.  Infor- 
mations for  not  making  returns      Temporary  injunctions  in  force. 

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

Commonwealth,  by  Commissioner  of  Corporations,  o.  Amesbury  Mills. 
Same  v.  Pepper  Knitting-Machine  Company.  S.  J.  C.  Petitions  for  dis- 
solution of  corporations.     Corporations  dissolved. 

Commonwealth,  by  Commissioner  of  Corporations,  v.  Union  Button- 
Hole  and  Embroidery  Machine  Company.  S.  J.  C.  Petition  for  dissolu- 
tion of  corporation.     Not  yet  heard. 

In  re  Edward  SuUivaii.  In  re  William  A.  Strangman.  Petitions  for 
habeus  corpus.  Cases  adjo;irned  into  full  court.  Argued,  not  yet  de- 
cided. 

In  re  Patrick  Doherty.  In  re  Michael  Colbert.  S.  J.  C.  Petitions  for 
habeus  corpus.     Petitioners  discharged.  • 

In  re  Nathan  Allen.  Petition  for  habeus  corpus  and  for  bail  S.  J.  C. 
Adjourned  into  fidl  court.     Argued,  not  yet  decided. 


1879.]  PUBLIC   DOCUMENT  — No.  12.  17 

Commonwealth  v.  Thomas  Brennan,  alias  Brauniiig.  S.  J.  C.  Mur- 
der.    Defendant  still  in  Lanatic  Hospital. 

Commonwealth  v.  Peter  Mahoney.  S.  J.  C.  Murder.  Plea,  guilty 
of  murder  in  the  second  degree.  Sentence,  imprisonment  in  State  Prison 
for  life. 

Commonwealth  v.  Cornelius  Tobin.  S.  J.  C.  Murder.  Nol.  pros. 
entered. 

Coimnonwealth  v.  John  Taylor.  S.  J.  C.  Murder.  Plea,  guilty  of 
murder  in  the  second  degree.  Sentence,  imprisonment  in  tlie  State  Prison 
for  life. 

Commonwealth- 1;.  Carl  Carlson.  S.  J.  C.  Murder.  Plea,  guilty  of 
murder  in  the  second  degTee.  Sentence,  imprisonment  in  the  State  Prison 
for  life. 

Commonwealth  v.  John  H.  Walsh.  S.  J.  C.  Buying  and  receiving 
stolen  goods.     Exceptions  S.  C.     Exceptions  overruled. 

Commonwealth  v.  Joseph  Butts.  S.  J.  C.  Larceny.  Exceptions  S.  C. 
Exceptions  overruled. 

William  J.'  Sutherland  v.  Commonwealth.  S.  J.  C.  Writ  of  error. 
Writ  dismissed. 

Commonwealth  v.  John  D.  Green.  S.  J.  C.  Larceny  and  receiving 
stolen  goods.     Exceptions  S.  C.     Exceptions  overruled. 

Commonwealth  v.  B.  Frank  Spilman.  S.  J.  C.  Forgery.  Appeal 
S.  C.     Indictment  quashed. 

Commonwealth  v.  Minnie  Barry.  S.  J.  C.  Larceny.  Exceptions 
S.  C.     Exceptions  overruled. 

Spencer  Pettes  v.  Commonwealth.  S.  J.  C.  Writ  of  error.  Argued, 
not  yet  decided. 

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

Commonwealth  v.  L.  Herbert  Chase.  S.  J.  C.  Fraudulently  adulterat- 
ing confectionery.     Exceptions  S.  C.     Exceptions  sustained. 

Commonwealth  v.  Gus'tavus  Hoyer.  S.  J.  C.  Illegal  sale  of  liquor. 
Exceptions  S.  C.     Exceptions  overruled. 

Commonwealth  v.  Cornelius  Tobin.  S.  J.  C.  Manslaughter.  Excep- 
tions S.  C.     Exceptions  sustained. 

Frederick  Broadbeqk  v.  Commonwealth.  S.  J.  C.  Writ  of  error  and 
petition  for  stay  of  execution.     Stay  of  execution  refused. 

Commonwealth  v.  John  F.  T.  Sego.  S.  J.  C.  Larceny  from  a  building. 
Exceptions  S.  C.     Exceptions  overrided. 

Commonwealth  v.  Harry  Ashton.  S.  J.  C.  Larceny,  and  obtaining 
goods  by  false  pretences.     Exceptions  S.  C.     Exceptions  overruled. 

Commonwealth  v.  James  Stevenson.  S.  J.  C.  Obtaining  signatures  by 
false  pretences.     Exceptions  S.  C.     Argued,  not  yet  decided. 

Commonwealth  v.  William  Gallagher.  S.  J.  C.  Larceny  from  the 
person.     Exceptions  S.  C.     Exceptions  overruled. 

Commonwealth  v.  Andrew  Bressant.  S.  J.  C.  Larceny.  Exceptions 
S.  C.     Argued,  not  yet  decided. 

Commonwealth  v.  John  Ducey.  S.  J.  C.  Assault  upon  an  officer.  Ex- 
ceptions S.  C.     Argued,  not  yet  decided. 


8  ATTORNEY-GENERAL'S   REPORT.         [Jan. 

Attorney-General  v.  F.  O.  Barnes.  S.  .7.  C.  Information  to  remove 
Clerk  of  Court.     Information  dismissed. 

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

Commonwealth  v.  William  H.  Gerrish.  S.  C.  Contract  for  insurance 
tax.     Judgment  not  yet  satisfied. 

Peter  Rocs  v.  William  R.  Ware.  Municipal  Court.  Replevin  of  draw- 
ings belonging  to  State  IStormal  Art  School.  Judgment  for  defendant.  Ap- 
pealed to  Suj)erior  Court.     Appeal  not  yet  heard. 

COUNTY   OF   WORCESTER. 

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

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

Commonwealth,  v.  Arthur  L.  Barry.  S.  J.  C.  Larceny.  Exceptions 
S.  C.     Exceptions  overruled. 

Commonwealth  v.  Charles  L.  Wilder.  S.  J.  C.  Wantonly  destroying 
trees  in  the  highioay.     Exceptions  S.  C.     Argued,  not  yet  decided. 

SUPREME  COURT  OF  THE  UNITED  STATES. 

Boston  Beer  Company  v.  Commonwealth.  Writ  of  error.  Judgment 
affirmed. 

DISTRICT   COURT   OF   THE   UNITED   STATES. 

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


1879.]  PUBLIC  DOCUMENT  — No.  12.  19 


CASES 

Requiring  the  Attorney- G-eneraV s  Official  Supervision  during 
the  year  ending  Jan.  15,  1879,  though  not  conducted  nor 
argued  hy  him. 


COUNTY   OF   MIDDLESEX. 

Enos  T.  Luce.  Probate  Court.  Petition  for  instructions  as  to  a  public 
charity.     Not  yet  heard. 

COUNTY   OF    SUFFOLK. 

Attorney-Genera]  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.     Decree  affirmed. 

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

Richardson  v.  Hall  et  al.  S.  J.  C.  Bill  for  instructions  as  to  administra- 
tion of  trust.     Argued,  not  yet  decided. 

Attorney- General  ex  relat.  v.  George  Bowman.  Same  v.  Walter  S. 
Wilkins.  S.  J.  C.  Informations  to  restrain  trade  of  slaughtering .  Tempo- 
rary injunctions  in  force. 

Attorney-General  ex  relat.  Eben  D.  Jordan  et  al.  v.  Metropolitan  Rail- 
road. Same  v.  Same.  S.  J.  C.  Informations  to  restrain  laying  of  tracks 
in  city  of  Boston.     Demurrer  sustained.     Appeal.     Decree  affirmed. 

Attorney-General  v.  Middlesex  Railroad.  S.  J.  C.  Information.  Not 
yet  heard. 

In  re  Roaring  Brook  Coal  Company.  S.  J.  C.  Petition  for  reduction  of 
capital  stock.     Petition  refused. 

In  re  Eager  Consolidated  Mining  Company.  S.  J.  C.  Petition  for 
reduction  of  capital  stock.     Petition  granted. 

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

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

In  re  Eleazer  J.  Bispham.  Probate  Court.  Petition  for  appointment  of 
trustees  under  will  of  Thomas  Liversedge.     Not  yet  heard. 


20        ATTORNEY-GENERAL'S   REPORT.      [Jan.  '79. 

Commonwealth  v.  Abraham  Jackson  et  al.  S.  J.  C.  Contract  on  re- 
ceiver's bond.     Suit  dismissed. 

Beals  et  al.  v.  Gross.  S.  J.  C.  Bill  to  establish  a  public  charity.  Re- 
ferred to  master.     Final  decree. 

In  re  John  J.  Williams.  S.  J.  C.  Petition  for  leave  to  mortgage  real 
estate.     Petition  granted. 

In  re  Trusts.     Ex  parte  Charles  Allen.     Probate  Court. 

Petition  for  instructions  as  to  a  public  charity.     Not  yet  heard. 

Boston  Wharf  Company  v.  City  of  Boston  et  al.  S.  J.  C.  Bill  to 
enforce  performance  of  contract     Not  yet  heard. 

COUNTY   OP    WORCESTER. 

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