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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 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 



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.