Report of the attorney general for the year ending ..

JJ

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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