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PUBLIC DOCUMENT. No. 12. 



ANNUAL REPORT 



ATTORNEY GENERAL 



YEAR 187 9. 



BOSTON: 

EantJ, ^berg, ^ Co., printers to tfje €;0inm0nSiJealt!j, 

117 Franklin Street. 
1880. 



I 



PUBLIC DOCUMENT. No. 12. 



ANNUAL REPORT 



ATTORNEY GENERAL 



YEAR 1879. 



BOSTON: 

Eanti, ^ijerg, ^ Co., printers to tlje (Commotttoealt]^, 

117 Franklin Strket. 
1880. 



(Ilommonujealtl) of iHa05acl)U0ett0. 



Attori^ey-General's Office, \ 

54 Equitable Building, Bostok, Jan. 21, 1880, ) 

To the Hon. Charles J. Noyes, 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. 1880. 

I am, very respectfully, 

Your obedient servant, 

GEO. MARSTON. 



dommoniDcaltl) of iiTa65acl)ii0Ctt0. 



Attorney-General's Office, Jan. 21, 1880. 
To Oie Honorable the Speaker of the House of Representatives : 

I HAVE the honor to make to the Legislature my official 
report for the year ending Jan. 21, 1880, as follows. 

The whole number of cases in the courts which have 
required my personal attention is 188, and they are thus 
classified : — 
Indictments for murder ......... 21 

Exceptions and reports in criminal cases . . . . . .64 

Informations upon relation of public officers . . . . .77 

Informations upon relation of private persons . . . . .9 

Miscellaneous ........... 17 

188 

I have attended to the conduct and disposition of the fol- 
lowing indictments, in which the defendants were charged 
with murder : — 

Iisr THE County of Berkshire. 

An indictment against John C. Dailey for the murder of 
James Patrick Spellman by beating and kicking. The de- 
fendant was arraigned before Mr. Justice Colt on the fourth 
day of April last. The killing was the result of a quarrel, 
in which no actual premeditation of injury to Spellman was 
apparent. The defendant pleaded guilty of murder in the 
second degree, which plea I accepted ; and Dailey was there- 
upon sentenced to imprisonment in the State Prison for life. 

An indictment against William A. Montgomery for the 
murder of George W. Ellis. The defendant was arraigned 
before Mr. Justice Colt on the fourth day of April last. The 
killing arose out of a quarrel when the parties had been 



6 ATTORNEY-GENERAL'S REPORT. [Jan. 

drinking together. There was no evidence of previous ill- 
will, or of deliberate premeditation. The defendant pleaded 
guilty of murder in the second degree, which plea I accepted; 
and Montgomery was thereupon sentenced to the State 
Prison for life. 

In the County of Worcester. 

An indictment against Francis E. Hayden for the murder 
of Sarah E. Hayden by poisoning. The defendant was 
arraigned before Mr. Justice Soule on the twelfth day of 
July last ; and Messrs. George F. Verry of Worcester, and 
Harris C. Hartwell of Fitchburg, were assigned as counsel 
for the prisoner. He was tried before Justices Morton and 
Soule, commencing Dec. 2, and terminating in a verdict of 
not guilty^ Dec. 11. 

The case was very carefully and thoroughly prepared for 
trial by Hon. H. B. Staples, District Attorney, who assisted 
me in the prosecution. 

An indictment against Thomas F. Callahan for the murder 
of Luke Dailey by shooting. The defendant was arraigned 
before Mr. Justice Morton on the tenth day of December, 
and pleaded guilty of murder in the second degree, which 
plea I accepted ; and he was thereupon sentenced to impris- 
onment in the State Prison for life. 

An indictment against Louis Army for the murder of 
James D. Cotter. The defendant was arraigned on the eighth 
day of December before Mr. Justice Morton, and pleaded 
not guilty ; and the case awaits trial. 

In the County of ^Middlesex. 

An indictment against John N. Buzzell and Carrie Frances 
Porter for the murder of an infant child, not named, by 
strangling. The defendants were arraigned before the Chief 
Justice on the fourteenth day of July, and Messrs. William 
B. Gale and Henry F. Hurlbut were assigned as counsel for 
Buzzell, and William H. Niles as counsel for Porter; and the 
prisoners severally pleaded not guilty. Afterwards, upon 
an examination of the case, I determined that the interest 
of the (Commonwealth required that I should use Carrie 
Frances Porter as a witness upon the trial of Buzzell : and I 
thereupon entered a nolle prosequi as to her. 



1880.] PUBLIC DOCUMENT — No. 12. 7 

The trial of Buzzell commenced before Justices Colt and 
Ames on the thirtieth day of December, and, on the second 
day of January, resulted in a verdict of not guilty. 

Hon. John W. Hammond, District Attorney, assisted me 
in the prosecution. 

In the County or Suffolk. 

An indictment against Nicolo Infantino, Antonio Ardito, 
for the murder of Joseph F. Frye by shooting, and against 
Saro Chiavaro, Vincenzo Bandiera, and Joseph Donato as 
accessories thereto before the fact. The defendants were 
arraigned on the third day of November before the Chief 
Justice, and severally pleaded not guilty. Messrs. Isaac S. 
Morse and Joseph B. Sanford were assigned as counsel for 
Infantino, Ardito, and Chiavaro ; Messrs. Isaac S. Morse and 
Richard J. McKellegat as counsel for Bandiera ; and William 
W. Doherty and James R. Murphy as counsel for Donato. 

The case was assigned for trial on Dec. 15, before the Chief 
Justice and jNfr. Justice Endicott. At that time I had be- 
come satisfied that the indictment could not be maintained 
against Bandiera and Donato, and I entered a nolle prosequi as 
to them, and they were discharged. They will be tried as 
accessories after the fact to this homicide in the Superior 
Court. ♦ 

An investigation of the circumstances of this transaction, 
and of the relations existing between the parties, and of their 
conduct on the night of the killing, satisfied me that the 
government had not good reason to expect a conviction of 
murder in the first degree, and that public justice would be 
satisfied with the result which is hereafter stated. 

Infantino and Ardito desired to retract their former plea, 
and plead anew, to which I consented ; and they thereupon 
pleaded guilty of murder in the second degree, which plea 
I accepted ; and they were then sentenced to imprisonment 
in the State Prison for life. 

Chiavaro desired to retract his former plea, and plead 
anew, to which I consented ; and he thereupon pleaded guilty 
as accessory before the fact to murder in the second degree, 
which plea I accepted. Questions of law upon the form of 
the indictment were raised by his counsel upon a motion 
in arrest of judgment, and those questions are now pending 
before the Supreme Judicial Court upon report. 



8 ATTORNEY-GENERAL'S REPORT. [Jan. 

Two indictments had previously been returned, — one 
against Infantino and Ardito as principals, and another 
against Chiavaro, Bandiera, and Donato as accessories before 
the fact. In these I have entered a nolle prosequi. 

There are still pending the following indictments for mur- 
der, in which the accused have not been arraigned : — 

Charles F. Freeman for the murder of Edith B. Freeman, 
in Barnstable County. 

John Kemmler for the murder of Anna Kemmler, Emma 
Kemmler, and Ludmilla Kemmler (three indictments), in 
Hampden County. 

Mortimer Johnson and Sarah A. Johnson for the murder 
of an infant child, without name, in Middlesex County. 
Mortimer Johnson has escaped from jail, and is now at large, 
and the trial has been delayed from that cause. 

Henry J. Gunn for the murder of Justin L. Gunn, in 
Plymouth County. 

On the twentieth day of January, 1879, a bill in equity 
was filed against the Commonwealth by the Troy & Green- 
field Railroad Company, in the Supreme Judicial Court for 
the County of Suffolk, seeking to redeem the property gener- 
ally known as the Troy & Greenfield Railroad and Hoosac 
Tunnel, under the mortgage executed to the Commonwealth, 
July 28, 1855, upon payment of the loan of two million dol- 
lars, to secure which the mortgage was given. By a Resolve 
approved Feb. 7, 1879, 1 was directed to protect the interests 
of the Commonwealth in that suit. I filed a demurrer to 
the bill, Avhich, after argument, was sustained, and the bill 
was dismissed. 

An appro j)riation of five thousand dollars was made by 
Chaj). 306 of the Acts of 1879 to cover expenses to be in- 
curred in the defence of this suit as is therein provided. No 
part of this appropriation has been expended or required. 

By a Resolve of 1878, Chap. 34, an appropriation was 
made for the purpose therein expressed concerning Green 
Harbor River, in Marshfield. A proceeding is now pend- 
ing in the Supreme Judicial Court, of the kind contemplated 
by that Resolve. A small sum, less than a hundred dollars, 
has been expended for the service of the process, and the 



1880.] PUBLIC DOCUMENT — No. 12. 9 

balance of the appropriation remains in the treasury. The 
reasons which induced the passage of the Resolve still remain, 
and, in my opinion, the appropriation should be renewed. 

I have reason to know that there is great lack of uni- 
formity in the method of taxation of costs in criminal cases, 
and in the scale of fees taxed and allowed in the different 
criminal-law districts of the Commonwealth. There ought 
to be such legislation as will establish uniformity, which will 
also tend, I think, to economy of expenditure in this impor- 
tant branch of the public service. 

By force of certain statutes (1870, Chap. 359, § 11 ; 1872, 
Chap. 68, § 5, and Chap. 358; and 1877, Chap. 211, § 6), 
authority is given to judges of district courts, and trial 
justices, to sentence boys between the ages of seven and 
seventeen years to a reformatory institution, or, in their 
discretion, " to such other punishment as is provided for the 
offence." Cases have arisen where the offence was of such 
a kind that the punishment provided for it may be imprison- 
ment in the State Prison. Although the judges of the dis- 
trict court did not undertake to sentence to that prison, the 
fact that it was in their power to do so, under the letter of 
the statute, has been held by the Supreme Judicial Court 
to render the law unconstitutional. It is evident the Legis- 
lature intended no such result as this ; and provision should 
be made for giving magistrates the authority wdiich it was 
expected they would exercise in these matters, in terms con- 
formable to the Constitution. 

By the Act of 1879, Chap. 195, provision is made concern- 
ing the commitment of lunatics, which requires certain 
formalities before patients can be received into private hos- 
pitals. This imposes a duty, and often expense of travel, 
upon magistrates, for which no fee or compensation is given. 
Many patients are brought from other States for treatment 
in private hospitals, and there is no reason why a proper 
charge should not be made by the committing magistrate 
for the service required of him. Friends of these patients 
have been willing to pay for the service ; but the magistrate, 
being paid by a salary, has not felt justified in receiving 
compensation without authority of law. I respectfully sug- 
gest that some legislation in this matter is expedient. 

Under this statute of 1879, question has arisen whetlier 



10 ATTORNEY-GENERAL'S REPORT. [Jan. 

its provisions are applicable to the transfer of persons in 
custody, made by force of Gen. Stat., Chap. 74, § 7, and Gen. 
Stat., Chap. 180, § 4. Whether these "transfers" are "com- 
mitments," should not be left to the varying interpretations 
of different magistrates; but certainty and uniformity are 
preferable. 

Under the Act of 1879, Chap. 255, " to provide a remedy 
for persons having claims against the Commonwealth," only 
one petition has been made. This Avas by Joshua B. Smith, 
seeking to recover a large claim heretofore pursued before 
the Legislature. Since the proceeding was commenced the 
petitioner has died, which fact has suspended the matter, 
and may result in an abandoment of the suit. 

The number of applications for requisitions upon the 
governors of other States for the extradition and return of 
fugitives from justice, during the year, is 21, of which were 
granted 19, for 23 persons. 

The number of requisitions from the governors of other 
States upon the Governor of this Commonwealth has been 
19, of which 13 were complied with. 

The expense incurred by the Commonwealth for the ex- 
tradition and return of fugitives from justice during the 
year has been $911.55. 

There has been cqllected, through this office, the sum of 
$5,696.22 upon claims due the Commonwealth, and the same 
has been paid over to the treasurer and receiver-general. 

Further details of the service of this office are presented 
in the subjoined tables. 

Upon assuming the duties of the office, I appointed Fred- 
erick H. Gillett of Springfield as assistant attorney-general, 
who has performed the duties of his position with fidelity 
and ability, and still continues therein. 

GEO. MARSTON, Attorney- General. 



1880.] 



PUBLIC DOCUMENT — No. 12. 



11 



TABLE 



Showing the Number of Criminal Cases pending on Questions of 
Laio in the Supreme Judicial Court during the Year ending 
Jan. 21, 1880, and the Disposition thereof. 



counties. 


'■3 

a 

o 


s 

o 

ii 

1 § 
s a 
a 


Decided against the 
Commonwealth. 


■o 
o 
rs 

a 

S -73 

< 


■d 
o 


Berkshire 

Bristol . 

Essex 

Franklin 

Hampshire 

Middlesex 

Norfolk 

Plymouth 

Suffolk 

Worcester 












1 

7 
5 
2 
1 

12 
6 
2 

19 
9 


2 

1 

4 
1 

1 

14 

5 


1 
1 

1 

4 

1 
4 


5 
3 
2 

1 

4 

1 


3 

1 
1 

3 


Totals 


64 


28 


12 


16 


8 



12 



ATTORNEY-GENERAL'S REPORT. 



[Jan. 



TABLE 

Showing the Number and Character of Criminal Cases pending on 
Questions of Law in the Supreme Judicial Court during the 
Year ending Jan. 21, 1880, and the Disposition thereof. 







a 
3 


1 


>. 








o 


■« £ 


o 




OFFENCES. 


60 

C 

s 


to 

a 1 


1 i 

o 


■a 


3 
to 

5 




c 


13 ^ 




•g g 


v 




s 


1 3 


S e 




>» 




C3 


a 3 


g 6 


§> 1 


o 




O 


a 


« 


< 


'A 


Abortion ..... 


1 


1 


_ 


^_ 


_ 


Arson 


3 


2 


1 


— 


— 


Assault 


3 


1 


_ 


_ 


2 


Bigamy ...... 


2 


2 


- 


- 


- 


Breaking and entering . 


2 


1 


1 


- 


- 


Conspiracy 


1 


1 


- 


- 


- 


Disobeying superintendent of draw- 












bridge 




1 


_ 


_ 


_ 


Disorderly house .... 




1 


_ 


_ 


_ 


Embezzlement .... 




1 


_ 


_ 


_ 


Forgery 




- 


- 


1 


- 


Keeping a resort for prostitution . 




1 


- 


- 


- 


Keeping an unlicensed dog 




- 


- 


- 


1 


Larceny ...... 




4 


- 


_ 


- 


Lewdness 




_ 


— 


1 


_ 


Lewd and lascivious cohabitation . 




_ 


1 


— 


- 


Liquor, illegal sale of . . 


4 


- 


1 


2 


1 


Liquor, illegal keeping . 


3 


1 


1 


1 


- 


Liquor, illegal keeping, with intent 












to sell 


2 


- 


1 


1 


- 


Liquor nuisance .... 


6 


2 


1 


3 


- 


Liquor seizure .... 


1 


- 


- 


1 


- 


Malicious mischief .... 


2 


_ 


2 


_ 


- 


Manslaughter ..... 


2 


1 


_ 


_ 


1 


Murder 


1 


_ 


_ 


_ 


1 


Obtaining signature by false pre- 












tences ...... 


1 


1 


_ 


_ 


- 


Obtaining money by false pretences, 


3 


- 


1 


1 


1 


Perjury_ 


2 


1 


- 


1 


- 


Preventing person entering employ- 












ment ...... 


2 


— 


— 


2 


— 


Receiving stolen goods . 


2 


1 


- 


1 


_ 


Rescue ...... 


1 


1 


— 


_ 


_ 


Real estate, conveyance without dis- 












closing encumbrance . 


2 


_ 


2 


_ 


— 


Sending letter to extort money by 












threat 


1 


- 


- 


1 


- 


Stagnant water in cellars 


1 


1 


_ 


_ 


- 


Wantonly destroying trees in high- 












way 


1 


1 


— 


— 


— 


Way, obstruction of . . . 


1 


1 


- 


- 


- 


"Woodcock, illegal sale of 


1 


- 


- 


_ 


1 


Writ of error 


1 


1 


- 


- 


- 


Total 


64 


28 


12 


16 


8 



1880.] 



PUBLIC DOCUMENT — No. 12. 



13 



TABLE 

Showing the Number and Character of Cases not Criminal pend- 
ing on Questions of Law in the Supreme Judicial Court; and 
argued by the Attorney-General during the Year ending Jan. 21, 
1880, and the Disposition thereof. 



CASES. 


Cases pending. 


Cases decided 

for the 

Commonwealth. 


Bill to redeem mortga^'e .... 
Payment of Savings Bank Tax . 


1 
1 


1 
1 


Total 


2 


2 



14 ATTORNEY-GENERAL'S REPORT. [Jan. 



CASES 

Argued and conducted by the Attorney -General during the Year 
ending Jan. 21, 1880. 

COUNTY OF BERKSHIRE. 

Commonwealth v. John and Thomas Monahan. S. J. C. Mur- 
der. Not j-et tried. 

Commonwealth v. John C. Daile}-. S. J. C. Murder. Plea, 
guilty of murder in the second degree. Sentence, imprisonment 
in the State Prison for life. 

Commonwealth v. William A. Montgomer}'. S. J. C. Murder. 
Plea, guilt}' of murder in the second degree. Sentence, imprison- 
ment in the State Prison for life. 

Commonwealth v. James Holmes. S. J. C. Arson. Excep- 
tions S. C. Exceptions sustained. 

COUNTY OF BRISTOL. 

Commonwealth v. Chester M. Sprague. S.J. C. Illegal keep- 
ing of intoxicating liquor. Exceptions S. C. Argued; not yet 
decided. 

Commonwealth v. Mark D^-er. S. J. C. Preventing a person 
entering the employment of another. Exceptions S. C. Argued ; 
not yet decided. 

Commonwealth v. Michael Hurle}-. S. J. C. Preventing a 
person entering the employment of another. Exceptions S. C. 
Argued ; not 3-et decided. 

Commonwealth v. George F. Eggleston. S. J. C. Illegal sale 
of intoxicating liquor. Exceptions S. C. Argued; not yet de- 
cided. 

Commonwealth v. William Coupe. S. J. C. Obstructing a 
highivay. Exceptions S. C. Exceptions overruled. 

Commonwealth v. Joshua Fuller. S. J. C. Disorderly house. 
Exceptions S. C. Exceptions waived. 

Commonwealth v. Intoxicating liquors. Carl Becker, claimant. 
S. J. C. Liquor seizure. Exceptions S. C. Argued ; not yet 
decided. 



1880.] 



PUBLIC DOCUMENT — No. 12. 



15 



S. J. C. Illegal keeping of 
Exceptions S. C. Excep- 

S. J. C. Obtaining money 
Argued ; not 3-et decided. 



COUNTY OF ESSEX. 

Commonwealth V. William Russell. S. J. C. Murder. Defend- 
ant still stands committed in the Taunton Lunatic Asylum, to 
await the further order of the Court. 

Commonwealth v. Michael Fo_ynes. 
intoxicating liquor loith intent to sell 
tions sustained. 

Commonwealth v. Hugh Harkins. 
by false pretences. Exceptions S. C. 

Commonwealth v. Benjamin F. Dai'ling. S. J. C. Receiving 
stolen goods. Exceptions S. C. Argued ; not 3'et decided. 

Commonwealth v. George F. Thomas. S. J. C. Keeping place 
of resort for prostitution. Exceptions S. J. C. Exceptions 
waived. 

Commonwealth v. Samuel Hamer. S. J. C. Illegal keeping of 
intoxicating liquor ivith intent to sell. Exceptions S. C. Argued ; 
not yet decided. 

COUNTY OF FRANKLIN. 

Commonwealth v. Henry "W. Coolidge. S. 
threatening letter to extort money. Exceptions 
not yet decided. 

Commonwealth v. Robert Wardell. S. J. C. 
ceptions S. C. Argued; not yet decided. 



J. C. 

s. c. 



Sending 
Argued ; 



Leivdness. Ex- 



county OF HAMPDEN. 

John Kemmler, S. J. C. Murder. Not 



John Kemmler. S. J. C. Murder. Not 



Commonwealth 
j-et tried. 

Commonwealth 
3"et tried. 

Commonwealth v. John Kemmler. S. J. C. Murder. Not 
yet tried. 

Attorne3'-General, ex. rel. Henry Smith v. Asa Smith and 
Andrew Bogert. S. J. C. Information for nuisance hy floating 
unrafted logs down the Connecticut River. Not yet tried. 

In re Donald McPhee. Habeas Corpus. Prisoner remanded. 



county of HAMPSHIRE. 

Commonwealth v. Criton G. Haskins and J. Munroe Packard. 
S. J. C. Larceny and receiving stolen goods. Exceptions S. C. 
Exceptions sustained. 



COUNTY OF MIDDLESEX. 

Commonwealth v. Andrew Donelly. S. J. C. 
fendant still in Taunton Lunatic As3-lura. 



Murder. De- 



16 ATTORNEY-GENERAL'S REPORT. [Jan. 

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

Commonwealth v. John N. Buzzell and Carrie Frances Porter. 
S. J. C. Murder. Nol. pros, entered against defendant Porter. 
Verdict, not guilty against defendant Buzzell. 

Commonwealth v. Mortimer Johnson and Sarah A. Johnson. 
S. J. C. Murder. Not yet tried. Defendant Mortimer Johnson 
escaped from prison, and still at large. 

Commonwealth v. Martin Byrnes. S. J. C. Illegal sale of 
intoxicating liquor. Exceptions S. C. Exceptions sustained. 

Commonwealth v. Thomas J. McDuff}'. S. J. C. Obtaining 
money by false pretences. Exceptions S. C. Exceptions sus- 
tained. 

Commonwealth v. Albert W. AVoi'cester. S. J. C. Liquor 
nuisance. Exceptions S. C. Exceptions overruled. 

Commonwealth v. George A. Culver. S. J. C. Breaking and 
entering. Exceptions S. C. Exceptions sustained. 

Commonwealth v. John K. Harriman. S. J. C. Conveying 
real estate without disclosing incumbrance. Exceptions S. C. Ex- 
ceptions sustained. 

Commonwealth v. John Riley, S. J. C. Liquor nuisance. 
Exceptions S. C. Exceptions overruled. 

Commonwealth v. Nathaniel Allen. S. J. C. Arson. Excep- 
tions S. C. Exceptions overruled. 

Commonwealth v. William H. Carberrj", S. J. C. Perjury. 
Exceptions S. C. Exceptions overruled. 

Commonwealth v. Charles Boutwell. S. J. C. Forgery. Ex- 
ceptions S. C. Argued ; not yei decided. 

Commonwealth v. Daniel B. Gilson. S. J. C. Assatdt and 
battery. Exceptions S. C. Not yet argued. 

Commonwealth v. Ann McKiernan. S. J. C. Illegal sale of 
intoxicating liquor. Exceptions S. C. Not j'et argued. 

Commonwealth v. Edward Murphy. S. J. C. Assault and 
battery on police-officer. Exceptions S. C. Not ^et argued. 

Attornej'-General, ex. rel. Mott et al., selectmen of Arlington, 
V. Warren W. Rawson. S. J. C. Information for obstruction of 
highway. Not 3'et tried. 

In re Enos T. Luce, administrator. Probate Court. Petition 
for instructions under will of Jesse Coolidge. Decree. 

COUNTY OF NORFOLK. 

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



1880.] PUBLIC DOCUMENT — No. 12. 17 

Commonwealth v. David Scannel. S. J. C. Murder. De- 
fendant still in Taunton Lunatic Asylum. 

Commonwealth v. Edward Fraher, 2d. S. J. C. Liquor nui- 
sance. Exceptions S. C. Argued ; not yet decided. 

Commonwealth v. John Robinson. S. J. C. Liquor nuisance. 
Exceptions S. C. Argued ; not j'et decided. 

Commonwealth v. Jolm McCormack. S. J. C. Illegal sale of 
liquor. Exceptions S. C. Argued ; not yet decided. 

Commonwealth v. Jefferson Pratt. S. J. C. Illegal keeping of 
liquor. Exceptions S. C. Exceptions overruled. 

Commonwealth v. B. Davis Washburn. S. J. C. Keeping un- 
licensed dog. Exceptions S. C. Kot yet argued. 

Commonwealth v. Philip McArdle et al. S. J. C. Liquor 
nuisance. Exceptions S. C. Argued ; not j^et decided. 

Attorney-General, ex. rel. N. A. Cook et al. v. New-York & 
New-England Railroad Company. S. J. C. Information for 
discontinuing passenger-station. Grievance abated, and informa- 
tion thereupon dismissed. 

Commonwealth v. Charles H. Hartwell. S. J. C. Manslaugh- 
ter. Exceptions S. C. Not 3'et argued. 

COUNTY OF PLYMOUTH. 

Commonwealth v. Henry J. Gunn. S. J. C. Murder. Not 
3^et tried. 

Commonwealth v. Eugene McGuire. S. J. C. Breaking and 
entering. Exceptions S. C. Exceptions overruled. 

COUNTY OF SUFFOLK. 

Commonwealth, b}' Board of Commissioners of Savings Banks, 
V. Haydenville Savings Bank. Same v. Taunton Savings Bank. 
Same v. Woburn Five Cents Savings Bank. Same v. Broadway 
Savings Bank of Lawrence. S. J. C. Petit io7is for injunctions 
and winding-up of affairs. Injunctions dissolved, and petitions 
dismissed. 

Commonwealth, bj' Board of Commissioners of Savings Banks, 
V. North Bridgewater Savings Bank. Same v. 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 v. Lexington Savings Bank. Same v. Needham 
Savings Bank. Same v. Reading Savings Bank. S. J. C. Peti- 
tions for injunctions and loinding-uj) of affairs. Affairs in hands 
of receivers. 



18 ATTORNEY-GENERAL'S REPORT. [Jan. 

Commonwealth, by Board of Commissioners of Savings Banks,- 
V. City Five Cents Savings Banlv. Same v. Home Savings Bank. 
Same v. Newburyport Five Cents Savings Bank. Same v. Emi- 
grants' Savings Bank. Same v. Great Barrington Savings Bank. 
Same v. Lowell Savings Bank. Same v. Scituate Savings Bank. 
S. J. C. Petitions for injunctions and loinding-up of affairs. 
Temporary injunctions modified and still in force. 

Commonwealth, by Insurance Commissioner, v. New-England 
Mutual Marine Insurance Company. Same v. Conway Mutual 
Fire Insurance Company. Same v. Northampton 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. 

Commonwealth, by Deputy Insurance Commissioner, v. Na- 
tional Insurance Compan}'. Same v. Exchange Insurance Com- 
pan}'. Same v. Boston Insurance Compau}'. Same v. Sutfolk Fire 
Insurance Company. Same v. Manufacturers' Insurance Compan}'. 
Same v. Howard Fire Insurance Company. Same v. Merchants' 
Insurance Company. Same v. Bay State Fire Insurance Company. 
Same v. Shoe and Leather Dealers' Insurance Company. Same v. 
Franldin Insurance Company. Same v. People's Fire Insurance 
Company. Same v. Washington Insurance Company. Same v. 
Neptune Insurance Company'. S. .J. C. Petitions for injunctions 
and ivinding-up of affairs. Affairs in hands of receivers. 

Attorney-General, ex. rel. Treasurer v. South Pewabic Copper 
Compau}'. Same v. Winthrop Manufacturing Company. Same 
V. United States Manufacturing Company. Same v. Canadian 
Stop Motive Company. Same v. American Furniture Company-. 
Same v. Springfield and Newbur^yport Co-operative Mining Com- 
pany. Same v. United States Electric Light Company'. Same v. 
Peet Moulding Machine Compan}'. Same v. Marginal Freight 
Railroad Company. Same v. American Carpet-cleaning Com- 
pany. Same v. Di'ake Gaslight Company. Same v. Estes 
Plow Company. Same v. American Consolidated Fire Extin- 
guisher Company. Same v. Merchants' Mutual Mustard Conjpan}'. 
S.J. C. Informations for taxes. Temporary injunctions in force. 

Attorney-General, ex. rel. Treasurer, v. Boston Post Company. 
Same v. Katama Land Compan}', Same v. Boston, Barre, and 
Gardner Railroad Company. 8ame v. Boston Box and Tag Com- 
pany. Same v. Howard Watch and Clock Company. Same v. 
Johnson Rock Drill Company. Same v. Monadnock Railroad 
Company. Same v. Wenham Lake Ice Company. S. J. C. 
Informations for taxes. Taxes paid ; informations dismissed. 

Attorney-General, ex. rel. Treasurer, v. Revere Brick Company. 



1880.] PUBLIC DOCUMENT — No. 12. 19 

Same v. American Railway Frog Company. Same v. Black River 
Mining Companj'. Same v. Haverhill Lime Company. Same v. 
Cambridge Brick Company. Same v. Goodyear Rubber Company. 
S. J. C. Informations for not making returns. Temporary in- 
junctions in force. 

Attorney-General, ex. rel. Treasurer, v. Avon Stone Companj^ 
Same v. American Art Foundry Company. S. J. C. Informa- 
tions for not making returns. Service not yet made. 

Commonwealtli, b}' Tax Commissioner, v. Franklin Mining 
Compan}'. Same v. Mesnard Mining Company'. Same v. Pewa- 
bic Consolidated Mining Company. Same v. National Mining 
Company. Same v. Superior Mining Compan}-. S. J. C. Appli- 
cations for inj unctions for not making returns. Not j'et heard. 

Commonwealth, b}^ Commissioner of Corporations, v. Union 
Button-hole and Embroidery Machine Company. S. J. C. Peti- 
tion for dissolution. Not ^-et heard. 

Commonwealth v. Nicolo Infantino and Antonio Ardito. S. J. C. 
Murder. Nol. pros, entered. 

Commonwealth v. Saro Chiavaro, Vincenzo Bandiera, and 
Joseph Donato. S. J. C. Murder. Nol. pros, entered. 

Commonwealth v. Nicolo Infantino, Antonio Ardito, Saro 
Chiavaro, Vincenzo Bandiera, and Joseph Donato. S. J. C. 
Murder. Nol. pros, entered against Vincenzo Bandiera and Joseph 
Donato. Plea, guilty of murder in the second degree, b}- Nicolo 
Infantino and Antonio Ardito. Sentence, imprisonment in the 
State Prison for life. Plea, guilty of murder in the second degree, 
b}' Saro Chiavaro, followed by motion in arrest of judgment ; re- 
ported to full court. Not yet argued. 

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

Commonwealth v. Spencer Pettes. S. J. C. Writ of error. 
Judgment affirmed. 

Commonwealth v. James Stevenson. S. "J. C. Obtaining sig- 
nature by false pretences. Exceptions S. C. First count, excep- 
tions overruled. Second count, exceptions sustained. 

Commonwealth v. Andrew Bressant. S. J. C. Larceny. Ex- 
ceptions S. C. Exceptions overruled. 

Commonwealth v. John Ducey. S. J. C. Assault and battery. 
Exceptions S. C. Exceptions overruled. 

Commonwealth v. Charles Dohert}-. S. J. C. Embezzlement. 
Exceptions S. C. Exceptions overruled. 

Commonwealth v. John Chase. S. J. C. Disobeying orders of 
siqjerintendent of drawbridge. Exceptions S. C. Exceptions 
overruled. 



20 ATTORNEY-GENERAL'S REPORT. [Jan. 

Commonwealth v. Mary Jane Adams. S. J. C. Accessory to 
abortion. Exceptions S. C. Exceptions overruled. 

Commonwealth v. Charles L. Williams. S. J. C. Conveying 
real estate witJiout disclosing incumbrance. Exceptions S. C. Ex- 
ceptions sustained. 

Commonwealth v. Margaret Stevens. S. J. C. Receiving 
stolen goods. Exceptions S. C. Exceptions overruled. 

Commonwealth v. Solomon Cohen and John J. Conway. S. J. C. 
Conspiracy to commit felony. Exceptions S. C. Exceptions 
overruled. 

Commonwealth v. James L. Sargent. S. J. C. Perjury. Ex- 
ceptions S. C. Argued ; not yet decided. 

Commonwealth v. Morris Costello. S. J. C. Rescue. Excep- 
tions S. C. Exceptions overruled. 

Commonwealth v. Daniel Murphy. S. J. C. Assaidt. Excep- 
tions S. C. Exceptions waived. 

Commonwealth v. John Riley. S. J. C. Larceny. Exceptions 
S. C. Exceptions overruled. 

Commonwealth v. Moses Colby. S. J. C. Stagnant water in 
cellars. Exceptions S. C. Exceptions overruled. 

Commonwealth v. John Casey. S. J. C. Larceny. Excep- 
tions S. C. Exceptions waived. 

Commonwealth v. George G. Hall and J. Reed Whipple. S. J. C. 
Illegal sale of woodcock. Exceptions S. C. Not yet argued. 

Commonwealth v. John O'Brien. S. J. C. Obtaining goods 
under false pretences. Exceptions S. C. Not 3'et argued. 

Commonwealth v. Saro Chiavaro. S. J. C. Murder. Motion 
in arrest of judgment. Not yet argued. 

T. Jefferson Coolidge v. William S. Dexter. S. J. C. Con- 
tract for sale of land. Not yet argued. 

Peter Roos v. William R. Ware. S. C. Replevin of drawings 
belonging to State Normal Art School. Judgment for defendant. 

Troy & Greenfield Railroad v. Commonwealth. S. J. C. Bill 
to redeem mortgage. Demurrer sustained ; bill dismissed. 

Joshua B. Smith v. Commonwealth. S. C. Contract. Not 
3'et tried. 

Li re Nathaniel Allen ; m re Richard J. Leslie ; in re William 
A. Strongman. Petitions for Habeas Corjnis. Petitions dis- 
missed. 

Li re Lizzie Parkman. Petition for Habeas Corpus. Writ 
granted ; petitioner discharged. 

In re Edward Sullivan ; m re Michael Keenan. Petitions for 
Habeas Corpus. Cases continued ; petitioners released on bail. 



1880.] PUBLIC DOCUMENT — No. 12. 21 



COUNTY OF WORCESTER. 

Commonwealth v. Francis E. Hayden. S. J. C. Murder. 
Verdict, not guilty. 

Commonwealth v. Thomas F. Callahan. S. J. C. Murder. 
Plea, gnilty of murder in the second degree. Sentence, imprison- 
ment for life. 

Commonwealth v. Louis Army. S. J. C. 3furder. Not yet 
tried. 

Commonwealth v. Charles L. Wilder. S. J. C. Wantonly 
destroying a tree. Exceptions S. C. Exceptions overruled. 

Commonwealth v. Martin Hane}'. S. J. C. Manslaughter. 
Exceptions S. C. Exceptions overruled. 

Commonwealth v. Jeremiah Horregan. S. J. C. Malicious 
mischief. Motion in arrest of judgment. Judgment arrested. 

Commonwealth v. Michael Toomey. S. J. C. Malicious mis- 
chief. Motion in arrest of judgment. Judgment arrested. 

Commonwealth v. Edwin Schofield. S. J. C. Bigamy. Ex- 
ceptions 8. C. Exceptions waived. 

Commonwealth v. Etta A. Dickinson. S. J. C. Bigamy. 
Exceptions S. C. Exceptions waived. 

Commonwealth v. Frank Tiernay. S. J. C. Larceny. Excep- 
tions S. C. Exceptions waived. 

Commonwealth v. Marc Fontaine. S. J. C. Liquor nuisance. 
Exceptions S. C. Exceptions sustained. 

Commonwealth v. Henr}^ J. Munson. S. J. C. Leivd cohabita- 
tion. Exceptions S. C. Exceptions sustained. 

Commonwealth, hj Board of Commissioners of Savings Banks, 
V. Lancaster Savings Bank. S. J. C. Petition for injunction 
and winding-up of affairs of the bank. Affairs in the hands of 
receivers. 



22 ATTORNEY-GENERAL'S REPORT. [Jan. '80. 



CASES 

Requiring the Attorney-GeneraV s Official Supervision during the 
Year ending Jan. 21, 1880, though not conducted nor argued 
by him. 

COUNTY OF BRISTOL. 

Attorney-General, ex. rel. S. T. Viall et al., v. William T. 
Soule, Maj'or of New Bedford, et al. S. J. C. Mandamus. 
Argued ; not yet decided. 

Attorney-General, ex. rel. S. T. Viall et al., v. Thomas L. 
Allen. S. J. C. Quo ivarranto. Argued ; not yet decided. 

Attorne^'-General, ex. rel. William S. Baker -v. James M. Cush- 
man. S. J. C. Quo loarranto. Information dismissed. 

COUNTY OF MIDDLESEX. 

Commonwealth v. Fitchburg Railroad Corapan3\ S. J. C. 
Manslaughter. Exceptions S. C. Exceptions sustained. 

Commonwealth v. Boston & Maine Railroad Compan}-. 8. J. C. 
Manslaughter. Exceptions S. C. Not yet argued. 

COUNTY OP SUFFOLK. 

Attorney-General ex. rel. William F. Hart et al. S. J. C. Not 
yet heard. 

Richardson v. Hall et al. S. J. C. Bill for instruction as to 
administration of trust. Final decree. 

Attorney-General, ex. rel. George Bowman. Same v. Walter 
S. Wilkins. S. J. C. Informations to restrain trade of slaughter- 
ing. Injunctions in force. 

Attorne3'-General, ex. rel., v. Middlesex Railroad. S. J. C. 
Information. Bill discontinued. 

In re John J. Williams. S. J. C. Petition to sell real estate. 
Not 3'et heard. 



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