(navigation image)
Home American Libraries | Canadian Libraries | Universal Library | Community Texts | Project Gutenberg | Children's Library | Biodiversity Heritage Library | Additional Collections
Search: Advanced Search
Anonymous User (login or join us)
Upload
See other formats

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

^,;^:^.^^^J:^^^;^:::^::;;:i■j;'•'■■^■:.^.^^, : 

|r'- l^f*! "^■';';^^i5l^;Vi■'P'^^^/'''/'^' ■ '^■'■■ 






'i'tU- i^VV.i'f "-V:--! ''^M • 






13 



:i'l 




PUBLIC DOCUMENT. Nn. 12. 



ANNUAL KEPORT 



ATTORNEY- GENERAL 



YEAK 18 80. 



BOSTON : 

BanU, aberg, ^ (S:a.; Ij^xintzts to ii)t arotnmonfoealtfj, 

117 Frankxin Street. 
1881. 



tr 



PUBLIC DOCUMENT. No. 12. 



ANNUAL REPORT 



ATTORNEY- GENERAL 



YEAR 18 80. 



BOSTON : 

2Santi, aberg, tc Co., printers to tf)e C!romm0nlnealt^, 

117 Franklin Street. 
1881. 



/^, /f-i" 



CommonrDcaltti of ittassactiusetts. 



Attokney-General's Office, 
55 Equitable Building, Boston, Jan. 19, 1881. 

Hon. Charles J. Notes, Speaker of the House of Representatives. 

Sir., — I have the honor to present herewith my official 
Report for the year ending this day. 

I am, very respectfully, 

Your obedient servant, 

GEO. MARSTON. 



(Hommonrocalti) of iila50acl)U5Cti5. 



Attokney-Geneual's Office, Jan. 19, 1881. 
To the Honorable the Speaker of the House of Representatives. 

I HAVE the honor to submit to the Legishiture my official 
report for the year ending this day, as follows: — 

The whole number of cases in the courts which have re- 
quired my personal attention or supervision is 197, and they 
are thus classified : — 

Indictments for mnrder ......... 22 

Exceptions and reports in criminal cases . . . . . , G3 
Infornialions upon relation of public officers . . . . .89 
Informations upon relation of private persons . • . . .11 
Miscellaneous ........... 12 

197 

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

IN THE COUNTY OF BARNSTABLE. 

A special session of the Supreme Judicial Court was held 
at Barnstable, Jan. 29, 1880, by Justice Morton, for the ar- 
raignment of Charles F. Freeman, indicted for the murder of 
Edith B. Freeman. He was represented by Hon. Alonzo W. 
Boardman and Charles Allen Taber, Esq., as counsel, who 
suggested that he was so insane as to be unfit to plead. 
Upon due inquiry by the Court it was so found ; and he was 
remanded to the custody of the sheriff, and was afterwards 
removed by warrant of the Governor to the Lunatic Hospital 
in Danvers ; and, at the May term of the Supreme Judicial 
Court at Barnstable, he was brought in and committed to 
that hospital by order of the Court ; and he is still detained 
there, and his condition has not materially changed. 



ATTORNEY-GENERAL'S REPORT. [Jan. 



IN THE COUNTY OF HAMPDEN. 

A special session of the Supreme Judicial Court was held 
at Springfield, Feb. 14, for the arraignment of John Kemm- 
ler, against whom three indictments were pending for the 
murder of his three children. A motion was made by his 
counsel, E. B. Maynard, Esq., for inquiry into his condition 
of mind; and he was found by the Court to be so insane as 
to be unfit to plead to the indictment, and was remanded to 
the custody of the sheriff. He was afterwards committed 
to the Lunatic Hospital at Worcester, where he remains 
without any improvement. 

I respeatfully suggest that jurisdiction be given to a judge 
of the Supreme Judicial Court, when sitting for an arraign- 
ment under Stat. 1869, Chap. 433, Sect. 2, to commit to a 
lunatic hospital when occasion may require, as if holding a 
term of the court. 

IN THE COUNTY OF PLYMOUTH. 

An indictment against Henry J. Gunn for the murder of 
Justin L. Gunn by beating. He was arraigned Feb. 19, and 
Messrs. W. B. Gale and Charles G. Davis, Esqs., were as- 
signed as his counsel. His trial commenced May 18 before 
Justices Ames and Morton, and terminated May 20 in a ver- 
dict of guilty of murder in the second degree. He was there- 
upon sentenced to the State Prison for life. 

This case was prepared for trial by Hon. Asa French, 
District-Attorney, who assisted me on the trial. 

IN THE COUNTY OF MIDDLESEX. 

An indictment against Stearns Kendall Abbott for the 
murder of Maria L. Crue by shooting. The defendant was 
arraigned before Justice Endicott on the twenty-ninth da}^ of 
April, and Messrs. George Stevens and William H. Bent were 
assigned as his counsel. 

He was tried before Justices Ames and Lord, commencing 
Dec. 14, and terminating, in a verdict of guilty of murder in 
the first degree., Dec. 18. 

Some exceptions are pending in this case, wliich will soon 
be argued. 

An indictment against Catharine Driscoll for the murder 



I 



1881.] PUBLIC DOCUMENT — No. 12. 7 

of Mary Creclan by blows. The defendant was arraigned 
before Justice Ames on the twentieth day of October, and 
Messrs. Charles E,. Train and Thomas J. Flatley were assigned 
as her counsel. She was tried before Justices Ames and 
Lord, commencing Dec. 20, and terminating, in a verdict of 
guilty of manslaughter., Dec. 21. She was sentenced to impris- 
onment in the house of correction for five years. 

These cases had been carefully prepared by Hon. W. B. 
Stevens, District-Attorney, who assisted me on the trial of 
them. 

Mortimer Johnson, indicted for murder, is still at large, 
and the hope of re-arresting him is slight. Sarah A. John- 
son, jointly indicted with him, has been released on her own 
recognizance, as the evidence was not of a character to make 
it expedient to put her upon trial without trying Mortimer 
Johnson at the same time. She is within reach whenever 
her attendance may be required. 

An indictment against Homer Wellington for the murder 
of Morris B. Wellington by poisoning. He was arraigned 
before Justice Ames on the twentieth day of October, and 
pleaded not guilty, and Messrs. William B. Gale and E. H. 
Jose were assigned as his counsel. A term of the Supreme 
Judicial Court, by continuance, was held Dec. 27 by Justices 
Lord and Soule, and jurors were in attendance for his trial. 
It was then discovered that there was an error in the indict- 
ment which required that a new indictment should be found, 
• and the prosecution stands continued for the further action 
of the Grand Jury in February. 

An indictment against Charles F. Williams for the murder 
of Walter Smith by shooting. He was arraigned before 
Justices Lord and Soule on the twenty-seventh da}^ of 
December, and pleaded not guilty, and Messrs. Theodore H. 
Sweetser and O. S. Knapp were assigned as his counsel. 

IN THE COUNTY OF FRANKLIN. 

An indictment against Nelson Jarvis Phelps for tlie mur- 
der of Sarah Ada Grover alias Sarah Ada Phelps. He was 
arraigned before Justice Morton on the seventh day of 
December, and jjleaded not guilty, and Messrs. Austin De 
Wolf and Charles G. Delano were assigned as his counsel. 

A trial will be had on the three cases last named as soon 
as the engagements of the Court will allow. 



ATTORNEY-GENERAL'S REPORT. [Jan. 



IN THE COUNTY OF HAMPSHIRE. 

An indictment against Benjamin Eastman for the murder 
of Parley Hutchins by beating and stabbing. He was 
arraigned Sept. 21 before Justice Soule, and pleaded not guilty, 
and E. H. Lathrop and George Kress were assigned as his 
counsel. A term of the Supreme Judicial Court by continu- 
ance was held Dec. 7 by Justices Colt and Morton, and 
jurors were in attendance for his trial. In opposition to my 
motion for the empanelling of a jur}', the counsel for the 
prisoner suggested that he was insane and unfit to be put 
upon trial, and prayed the Court to make due inquiry there- 
of. After hearing of evidence the Court determined that 
Eastman was not in a condition of mind to be tried, and 
ordered his commitment to the Lunatic Hospital at Worces- 
ter. 

IN THE COTJNTr OF SUFFOLK. 

The exceptions which were pending at the date of my 
last report in the case of Saro Chiavaro, accessory before the 
fact to the murder of Joseph F. Frj-e, have been argued 
and overruled, and he has been sentenced to the State Pris- 
on for life. 

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

Frank Adams and Amos T. Adams for the murder of 
George H. Partridge ; and Charline Clark Williams Gilraore 
Daniels for the murder of jNIaud Louise Daniels, in the 
county of Norfolk. 

David Mooney Mvith several other names) for the murder 
of Edmund La Voie alias Frenchy Marshall, in the county of 
Suffolk. 

By a decision of the Supreme Judicial Court in the case of 
the Commonwealth v. Peter Harrington in the county of 
Bristol, the provisions of the Act of 1880, Chap. 221, in 
respect to form of complaints, and incidentally of sentences, 
have been held to be unconstitutional. If this chapter is not 
repealed, it should be carefully revised and amended. 

By a resolve of the last Legislature, Chap. 50, I was in- 



1881.] PUBLIC DOCUMENT — No. 12. 9 

structed to commence legal proceedings against the Boston 
and Albany Railroad Company for the enforcement of its 
contracts concerning the purchase and filling of flats at South 
Boston, unless settlement should be made within a time 
named in the resolve, which expired Oct. 16. No such set- 
tlement was made ; and I commenced an action at law, re- 
turnable in the Superior Court for the county of Suffolk, at 
the January term, 1881, to recover the amount of money 
remaining due ; to wit, tlie sum of $167,500.18, stated as 
follows : — 

Amount due under the contract Oct. 1, 1876 . . . $435,600 00 
Interest to April 3, 1878 39,421 80 



$475,021 80 
Deduct payment April 3, 1878 330,000 00 



$145,021 80 
Interest to Dec. 3, 1880 22,478 38 



$167,500 18 



I have also filed a bill in equity in the Supreme Judicial 
Court in the county of Suffolk, to secure the specific per- 
formance of the things agreed to be do^ie by the Boston and 
Albany Railroad Company in relation to filling the flats and 
constructing sea-walls, and to recover damages for the long 
delay which has occurred. 

These proceedings are now pending. As it is possible 
that some adjustment may be reached in such a manner as to 
secure all that justice to the Commonwealth requires without 
actual tried, I respectfully suggest that tlie power given to 
the Harbor and Land Commissionei's to make settlement, with 
the approval of the Governor and Council, within six montlis 
after the passage of the Resolve of 1880, be continued in 
them, so that they may be authorized to direct a disposition 
of these suits if satisfactory terms can be agreed at any time 
hereafter. 

The proceeding for the protection of Green-harbor River is 
still pending, and will come to argument in a few days. No 
part of the sum appropriated by Resolve of 1880, Chaj). 42, 
has yet been actuall}^ expended, though some obligations 
have been incurred which are a proper charge upon it. 

An action has been commenced in the Superior Court for 



10 ATTORNEY-GENERAL'S REPORT. [Jan. 

the count}^ of Plj-mouth against the principal of the Normal 
School at Bridgewater, to recover damages for injury done to 
the water of a pond from which ice has been usually cut, 
by the drainage and sewage from the buildings used and 
occupied for the purposes of the school. I have appeared to 
defend this suit. I am informed that a petition will be pre- 
sented to the Legislature calling attention to this subject, and 
asking for relief. 

In my last report I called attention to the "great lack of 
uniformity in the method of taxation of costs in criminal 
cases, and in the scale of fees taxed and allowed in the differ- 
ent criminal-law districts of the Commonwealth." Further 
experience and reflection have confirmed my opinion that 
some legislation on this subject will tend " to economy of ex- 
penditure in this important branch of the public service." 

The petition heretofore commenced by Joshua B. Smith, 
under the Act of 1879, Chap. 255, "to provide a remedj^ for 
persons having claims against the Commonwealth," has been 
disposed of by an entry of neither party. A petition of David 
Pulsifer, claiming $5,207.32 as a balance due him for services 
in the office of the Secretary of the Commonwealth, from 
1853 to 1861, has be^n brought, and is now pending in the 
Superior Court for the county of Suffolk, which 1 have ap- 
peared to defend. 

A bill in equity has been filed in the Circuit Court of 
the United States for the First Circuit by William F. 
Graham against the Boston, Hartford, and Erie Railroad 
Company and others, in which Charles Endicott, until now 
Treasurer and Receiver-General of the Commonwealth, is 
made a defendant. 1 have appeared for that officer, to pro- 
tect him and the Commonwealth, and have filed a demurrer 
to the bill, as have also other parties defendant. If the de- 
murrers sliould be overruled, a trial upon tlie merits might 
seriously affect tlie laige interest of the Commonwealth in 
tiie New York and New England Railroad Company. 

The number of applications for requisitions upon the gov- 
ernors of other States for the extradition and return of fugi- 
tives from the justice of this State, during the year, is 28, 
of which 27 were granted. 

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



1881.] PUBLIC DOCUMENT — No. 12. 11 

The expense incurred by the Commonwealth for the ex- 
tradition and return of fugitives from justice during the year 
has been -1911.37. 

There has been collected, through tliis office, the sum of 
$10,476.40 upon claims due the Commonwealth, of which 
f 6,328.98 has been paid over to the Treasurer and Receiver- 
General, and the bahince, $4,147.42, to the warden of the 
State Prison, to whom the same was properly payable. 

Further details of the service of this office appear in the 
subjoined tables. 

Frederick H. Gillett, Esq., still continues in the office of 
Assistant Attorney-General. 

GEO. MARSTON, Attorney- General 



12 



ATTORNEY-GENERAL'S REPORT. 



[Jan. 



TABLE 



Shoiving the Number of Criminal Cases pending on Questions of 
Law in the Supreme Judicial Court during the Year ending Jan. 
19^ 1881, and the Disposition thereof by Counties. 



COITNTIES. 


■5 
c 


a 



& 1 
•a ^ 

•§ § 
S S 
G 


DecUlerl against the 
Comnionwealth. 


■a 

3 

i i 
11 


■6 
& 


•A 


Bristol 

Essex 

Franklin ...... 

Hampden 

Middlesex 

Norfolk 

Suifolk 

Worcester ..... 


10 

10 

6 

2 

'7 

8 

13 

7 


7 
G 
4 
2 

4 
2 
4 

7 


3 
3 

1 

1 
3 
5 


1 

1 
2 


1 

2 

2 

2 


Totals 


63 


36 


16 


4 


7 



1881.] 



PUBLIC DOCUMENT — No. 12. 



13 



TABLE 

Showing the Number and Character of Criminal Cases j^sncling on 
Questions of Law in the Supreme Judicial Court during the 
Year ending Jan. 19, ISSl, and the Disposition thereof. 







H 

o 


^ 










O 


« A 


o 




OFFENCES. 


to 

c 


a 1 


5) ■►; 
a 5 


3 






1, 


■a ^ 


3 ^ 


"3 


3 




£ 


S O 


■c £ 


S O 


>i 




S 


£ a 


2 5 


£?■§ 


o 




o 


« 


P 


< 


t^ 


Abortion ...... 


2 


2 








Adultery. ..... 


1 


- 


1 


- 


- 


Assault ...... 


5 


5 


— 


— 


— 


Breaking and entering . ^ . 


1 


- 


1 


- 


- 


Breaking and entering freight-car . 


1 


1 


- 


- 


- 


Drunkenness ..... 


1 


- 


1 


- 


- 


Embezzlement .... 


3 


1 


- 


1 


1 


Enticing to prostitution . 


1 


- 


- 


1 


- 


Extorting money by threats 


1 


1 


- 


- 


- 


Forgery 


1 


- 


- 


- 


1 


False pretences .... 


5 


3 


2 


- 


- 


Fraudulent concealment of property, 


1 


- 


- 


1 


- 


Illegal fishing in pond 


1 


- 


- 


- 


1 


Incest ...... 


1 


1 


_ 


_ 


_ 


Keeping adulterated milk to sell 


1 


- 


1 


- 


- 


Keeping game-cock against law 


1 


1 


- 


- 


- 


Keeping unlicensed dog . 


1- 


- 


1 


- 


- 


Labor, illegal employment of 




1 


- 


1 


- 


- 


Larceny .... 




3 


— 


3 


— 


— 


Lewdness 




1 


1 


- 


_ 


_ 


Liquor, illegal keeping of 




12 


7 


2 


1 


2 


Liquor, illegal sale of 




4 


4 


- 


- 


- 


Liquor seizure . 




2 


1 


1 


— 


— 


Manslaughter . 




1 


— 


1 


_ 


_ 


Murder .... 




2 


1 


_ 


_ 


1 


Obstructing highway 




1 


1 


_ 


- 


- 


Perjury .... 




1 


1 


_ 


_ 


- 


Possessing burglarious implements . 


1 


- 


_ 


- 


1 


Preventing person entering employ- 












ment 


2 


2 


— 


— 


— 


Receiving stolen goods . 


1 


1 


- 


- 


- 


Sending threatening letter to extort 












money 


1 


1 


— 


— 


— 


Torturing a horse .... 


1 


1 


_ 


_ 


_ 


Woodcock, illegal sale of 


1 


- 


1 


- 


- 


Totals 




63 


36 


16 


4 


7 



14 ATTORNEY-GENERAL'S REPORT. [Jan. 



CASES 

Argued and condiicted by the Attorney-General during the Tear 
ending Jan. 19, 1881. 

COUNTY OF BARNSTABLE. 

Coniraonwealth v. Charles F. Freeman. S. J. C. Murder. 
Adjudged insane, and committed to Lunatic Hospital at Dauvers. 

COUNTY OF BERKSHIRE. 

Commonwealth v. John and Thomas Monahan. S. J. C. Mur- 
der. Indictment laid on file. 

COUNTY OF BRISTOL. 

Commonwealth v. Chester M. Sprague. S. J. C. Illegal keep- 
ing of intoxicating liquor. Exceptions S. C. Exceptions over- 
ruled. 

Commonwealth v. Mark D3-er. S. J. C. Preventing a 2^^'>'son 
entering the emjiloyment of another. Exceptions S. C. Excep- 
tions Qverrnled. 

Commonwealth v. Michael Hurley-. S. J. C. Preventing a per- 
son entering the employment of another. Exceptions S. C. Ex- 
ceptions overruled. 

Commonwealth v. George F. Eggleston. S. J. C. Illegal sale 
of intoxicating liquor. Exceptions S. C. Exceptions overruled. 

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

Commonwealth v. Intoxicating liquors, Carl Becker, claimant. 
S. J. C. Liquor seizure. Exceptions S. C. Exceptions over- 
ruled. 

Commonwealth v. Isaac O. Pierce et al. S. J. C. Obtaining 
money by false pretences. Exceptions S. C. Exceptions sus- 
tained. 

Commonwealth v. The Osborne Mill. S. J. C. Illegal employ- 
ment'of laborer. Exceptions S. C. Exceptions sustained. 

Commonwealth v. Peter Harrington. S. J. C. Drunkenness. 
Exceptions S. C. Exceptions sustained. 

Commonwealth v. George Ratcliffe. S. J. C. Keeping game- 
cock contrary to law. Exceptions S. C. Exceptions overruled. 



1881.] PUBLIC DOCUMENT — No. 12. 15 

COUNTY OP ESSEX. 

Commonwealth v. William Ivussell. S. J. C. Murder. De- 
fendant still stands cpmniitted in the Taunton Lunatic Asylum, to 
await the further order of the Court. 

Commonwealth v. Hugh llarkins. S. J. C. Obtaining money 
by false pretences. Exceptions S. C. Exceptions sustained. 

Commonwealth v. Benjamin F. Darling. S. J. C. Receiving 
stolen goods. Exceptions S. C. Exceptions overruled. 

Commonwealth v. Samuel Hamer. S. J. C. Illegal Tceejiing of 
intoxicating liquor ivith intent to sell. Exceptions S. C. Excep- 
tions ovei'ruled. 

Commonwealth v. Jennie D. Kennon et al. S. J. C. Assaidt. 
Exceptions S. C. Exceptions overruled. 

Commonwealth v. Sandford G. Parker. S. J. C. Larceny. 
Exceptions S. C. Mis-trinl. 

Commonwealth v. Joel W. Craig et als. S. J. C. Breaking 
and entering a freight-car. Exceptions S. C. Exceptions waived. 

Commonwealth v. William H. Perle}'. S. J. C. Illegcd fishing 
in Humphrey' s Pond. Exceptions S. C. Not 3'et argued. 

Commonwealth v. Edward Cahill. S. J. C. Assault and bat- 
tery. Exceptions S. C. Exceptions waived. 

Commonwealth v. Aaron E. Luscomb. S. .J. C. Illegal keep- 
ing of adulterated milk. Exceptions S. C. Exceptions sustained. 

Commonwealth v. John Carey. 8. J. C. Illegcd sale of licjuor 
on the Lord's Lay. PLxceptions S. C. Exceptions waived. 

COUNTY OF FRAXKLIN. 

Commonwealth v. Nelson Jarvis Phelps. S. J. C. Murder. 
Not yet tried. 

Commonwealth v. Henrj' W. Coolidge. S. J. C. Sending 
threcdening letter to e.vtoi't money. Exceptions S. C. Exceptions 
overruled. 

Commonwealth v. Robert AVardcll. S. J. C. Lewdness. Ex- 
ceptions S. C. Exceptions overi'uled. 

Commonwealth v. Litoxicating liquors, James Pickard, claim- 
ant. S. .J. C. Liquor seizure. Exceptions S. C. Exceptions 
sustained. 

Commonweallh v. Daniel W. Hamilton et cds. S. J. C. Toi'- 
turing a horse. Exceptions S. C. Exceptions overruled. 

Cunimonwcaltli v. Paulina Wunscli. 8. J. C. Abortion. Ex- 
ceptions vS. C. Exceptions overruled. 

Commonwealth v. .Tohn INIartin. S. J. C. Fraudident conceal- 
ment of 2^roperty. Exce[)tions S. C. Argued ; not yet decided. 



16 ATTORNEY-GENERAL'S REPORT. [Jan. 



COUNTY OF HAMPDEN. 

Commonwealth v. John Kemmler. S. J. C. Marder. Ad- 
judged insane, and committed to Lunatic Hospital at Worcester. 

Commonwealth v. lillijah M. Baldwin. 8. J. C. Attempt to 
jjrocwe abortion. P^xceptions S. C. I-Cxceptions overruled. 

Commonwealth v. Leonard W. Frost et al. S. J. C. False 
pretences. Exceptions S. C. P^xceptions overruled. 

COUNTY OF HAMPSHIRE. 

Commonwealth v. Benjamin Eastman. S. J. C. Murder. Ad- 
judged insane, and committed to Lunatic Hospital at Worcester. 

COUNTY OF MIDDLESEX. 

Commonwealth v. Andrew Donell}-. S. J. C. Marder. De- 
fendant still in Taunton Lunatic Asylum. 

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

Commonwealth v. Mortimer Johnson and Sarah A. Johnson. 
S. J. C. Marder. Not 3'et tried. Defendant Mortimer Johnson 
escaped from prison, and is still at large. Sarah A. Johnson re- 
leased on her own recognizance. 

Commonwealth v. Stearns Kendall Abbott. S. J. C. Marder. 
Convicted of murder in the first degree. 

Commonwealth y. Homer Wellington. S.J.C. Murder. Not 
yet tried. 

Commonwealth ?'. Catharine DriscoU. S.J.C. Marder. Con- 
victed of manslaughter. 

Commonwealth v. Charles F. Williams. S. J. C. Marder. 
Not yet tried. 

Commonwealth v. Daniel B. Gilson. S. J. C. Assaidt and 
batterj/. Exceptions S. C. I^lxceptions overruled. 

Commonwealth v. Ann McKiernan. S. J. C. Illegal sale of 
intoxicating liquor. P^xceptions S. C. P^xceptions overruled. 

Commonweallh v. PLdwurd Murphy. S. J. C. Asfiaalt and 
battery. P^xceptions S. C. P^xceptions overruled. 

Commonwealth v. Edward L. Ramsdell-. S. J. C. Ilhgal keep- 
ing of into.vicatiiig liquor. PLxceptions S. C. Pl\cei)tions sus- 
tained. 

Commonwealth v. Robert Phil[)ot. S. J. C. Extortion by 
threatening to accuse of crime. P'^xceptions S. C. Plxceptions 
overruled. 

Commonwealth v. Nathan P. Pratt. S. J. C. Embezzlement. 
Exceptions S. C. Not yet argued. 



1881.] 



PUBLIC DOCUMENT — No. 12. 



Commonwealth v. Stearns Kendall Abbott. S. J. C. 
Exceptions S. J. C. Not yet argued. 



17 

Murder. 



COUNTY OF NORFOLK. 

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

Commonwealth y. David Scannel. S.J.C. Murder. Defend- 
ant still in Taunton Lunatic Asylum. 

Commonwealth v. Frank Adams and Amos T. Adams. S. J. C. 
Murder. Not yet tried. 

Commonwealth v. Charline Clark "Williams Oilman Daniels. 
S. J. C. Murder. Not yet tried. 

Commonwealth v. Edward Frahcr, 2d. S. J. C. Liquor mci- 
sance. Exceptions S. C. Exceptions overruled. 

Commonwealth v. John Robinson. S. J. C. Liquor nuisance. 
Exceptions S. C. Exceptions sustained. 

Commonwealth v. John McCdrmack. S. J. C. Illegal sale of 
liquor. Exceptions S. C. Exceptions overruled. 

Commonwealth v. B. Davis Washburn. S. J. C. Keeping un- 
licensed dog. Exceptions S. C. Exceptions sustained. 

Commonwealth v. Philip McArdle et al. S. J. C. Liquor nui- 
sance. Exceptions S. C. Argued ; not yet decided. 

Commonwealth v. Charles H. Hartwell. S. J. C. ManslaugJi- 
ter. Exceptions S. C. Exceptions sustained. 

Commonwealth v. Peter Sullivan. S. J. C. Liquor nuisance. 
Exceptions S. C. Not yet argued. 

Commonwealth v. Dominick Moran. S. J. C. Breaking and 
entering. Exceptions S. C. Not j'ct argued. 

COUNTY OF PLYMOUTH. 

Commonwealth v. Hemy J. Gunn. S. J. C. Murder. Con- 
victed of murder in the second degree. 

Hathewa}- v. Boyden. S. C. Action for damages occasioned by 
drainage of State Normal School at Bridgewater. ' Not yet tried. 

COUNTY OF SUFFOLK. 

Commonwealth, by Board of Commissioners of Snvings Banks, v. 
Emigrants Savings Bank. S. J. C. Petition for injunction and 
tvinding-up of affairs. Injunction in force. 

Commonwealth, by Board of Commissioners of Savings Banks, 

V. Cit}' Five Cents Savings Bank. Same v. Home Savings Bank. 

Same v. Newburyport Five Cents Savings Bank. Same v. Great 

Barrington Savings Bank. Same v. Lowell Savings Bank. S. J. C. 

•A 



18 ATTORNEY-GENERAL'S REPORT. [Jan. 

Petitions for injunctions and ivinding-up of affairs. Injunctions 
dissolved, and petitions dismissed. 

Commonwealth, by 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. H3'annis Savings Bank. Same v. West 
Boston Savings Bank. Same v. Mercantile Savings Institution. 
Same v. Dorchester Savings Bank. Same v. Roclvport Savings 
Bank. Same v. Lexington Savings Bank. Same v. Needham 
Savings Bank. Same v. Reading Savings Bank. Same v. Scituate 
Savings Bank. S. J. C. Petitions for injunctions and winding-up 
of affairs. Affairs in hands of receivers. 

Commonwealth, by Insurance Commissioner, v. Northampton 
Mutual Fire Insurance Comi)any. S. J. C. Petition for injunc- 
tion and loinding-u}-) of affairs. Final account of receivers filed 
and allowed. 

Commonwealth, by Insurance Commissioner, v. New England 
Mutual Marine Insurance Company. Same v. Conway Mutual 
Fire Insurance Compan}-. Same v. Home Mutual Insurance Corn- 
pan)-. S. J. C. Petitions for injunctions and wiriding-up of 
affairs. Affairs in hands of receivers. 

Commonwealth, by Deputy Insurance Commissioner, v. National 
Insurance Company. Same v. Exchange Insurance Company. 
Same v. Boston Insurance Compan}-. Same v. Suffolk Fire In- 
surance Company. Same v. Manufacturers' Insurance Company. 
Same t). -Howard Fire Insurance Company. Same v. Merchants' 
Insurance Company. Same v. Bay State Fire Insurance Compau}-. 
Same v. Shoe and Leather Dealers' Insurance Companj-. Same v. 
Franklin Insurance Company. Same v. People's Fire Insurance 
Compan}'. Same v. Washington Insurance Company. Same v. 
Neptune Insurance Companj-. S.J. C. Petitions for injunctions 
and ivinding-vp of affairs. Affairs in hands of receivers. 

Attorney-General, ex rel. Treasurer, v. Pewabic Copper Com- 
pany. Same v. Winthrop Manufacturing Compan}'. Same v. 
United States Manufacturing Company. Same v. Canadian Stop 
Motive Company. Same v. American Furniture Company. Same 
.V. Springfield and Newburyport Co-operative Mining Compan}-. 
Same v. United States Electric Light Compan)-. Same v. Peet 
Moulding Machine Company-. Same v. Marginal Freight Railroad 
Company. Same v. American Carpet-cleaning Company. Same v. 
Drake Gaslight Compan}'. Same v. Estes Plow Company. Same 
V. American Consolidated Fire Extinguisher Company. S. J. C. 
Informations for taxes. Temporar}' injunctions in fi^'ce. 

Commonwealth, bj- Commissioner of Corporations, v. Union 



1881.] PUBLIC DOCUMENT — No. 12. 19 

Button-hole and Embroidery Machine Compan}'. Same v. Me- 
thuen Woollen Mills. Same v. Hj-de Park Woollen Company. 
S. J. C. Informations for dissolution of the corporations. Dis- 
solutions decreed. 

Commonwealth, b}' Tax Commissioner, v. Rockland Mining 
Company. Same v. Superior Mining Compan}'. Same v. Ameri- 
can Street Light Reflector Company. Same v. N. E. Scale Board 
Box Compan}'. Same v. Plymouth Gold Mining Company. Same 
V. Silver Ledge Mining Company. Same v. Incas Mining Com- 
pany-. Same v. Malachite Mining Compan}'. S. J. C. Infor- 
mations for not making returns. Injunctions issued. 

Commonwealth, by Tax Commissioner, v. Ron* Stone Hydraulic 
Mining Company'. Same v. Harris Gold Mining Company. Same 
V. Lake George Antimony Company. Same v. Canada Mining 
Compan3\ Same v. Petherick Mining Companj'. S. J. C. In- 
formations for not making returns. Not 3'et heard. 

Commonwealth, by Tax Commissioner, v. Mesnard Mining Com- 
pany. Same v. Pewabic Mining Company'. Same v. Franklin 
Mining Company'. Same v. Poutiac Copper Mining Company. 
Same v. Blue Hill Mining Company. Same v. Simpson Mining 
Compan}'. Same v. South Hite Mining Compan}'. Same v. 
Swan's Island Mining Company. Same v. Waukeag Silver Min- 
ing Compan}'. Same v. Osceola Mining Company. Same v. 
Catalpa Mining Company. Same v. Copper Falls Mining Corn- 
pan}'. Same v. Empire Mining Company. Same v. Great Basin 
Mining and Smelting Company. Same v. Lake George Antimony 
Mining and Smelting Company. Same v. American Union Tele- 
graph Compan}-. Same , v. Contentment Mining and Milling 
Company. Same v. Bedford Manufacturing Compan3\ S. J. C. 
Informations for not making returns. Returns made ; informations 
dismissed. 

Attorney-General, ex rel. Treasurer, v. The Boston and Maine 
Granite Cqmpany. Same v. The Lake George Antimony- Com- 
pan}'. Same v. The Merchants' Mutual Mustaid Compan}'. 
Same v. The Avon Stove Compan}-. Same v. The American Art 
Foundry Compau}'. S. J. C. Applications for injunctions because 
of not making returns. Informations dismissed. 

Commonwealth v. David Moone^'. S. J. C. Murder. Not 
^3'et tried. 

Commonwealth v. Thomas Brennan. S. J. C. Murder. De- 
fendant still in Taunton Lunatic Asylum. 

Commonwealth v. Margaret Anderson, alias. S. J. C. Pleaded 
guilty of manslaughter, and plea accepted. 



20 ATTORNEY-GENERAL'S REPORT. [Jan. 

Commonwealth v. James L. Sargent. S. J. C. Perjury. Ex- 
ceptions S. C. p;^xceptions overruled. 

Commonwealth v. George G. Hall et al. S. J. C. Unlaicful 
sale oftvoodcock. Exceptions S. C. Exceptions sustained. 

Commonwealth v. John O'Brien. S. J C. Obtaining goods by 
false irretevces. Exceptions S. C. Exceptions overruled. 

Commonwealth v. Saro Cliiavaro. S. J. C. Murder. Excep- 
tions S. J. C. Exceptions overruled. 

Commonwealth v. Thomas H. Brown. S. J. C. Possessing 
burglarious implements. Exceptions S. C. Not yet argued. 

Commonwealth v. Alexander Lester. S. J. C. Larceny from 
a building. Exceptions S. C. Exceptions sustained. 

Commonwealtii v. Daniel Smith. S. J. C. Larceny and em- 
bezzlement. Exceptions S. C. - Exceptions overruled. 

Commonwealth v. Lewis J. Gray. S. J. C. Adultery. Ex- 
ceptions S. C. Exceptions sustained. 

Commonwealth v. Langdon W. Moore. S. J. C. Brealxing 
and entering. Itixceptions S. C. Exceptions sustained. 

Commonwealth v. Lillie Whittaker. S. J. C. Enticing to pros- 
titution. Exceptions S. C. Argued ; not yet decided. 

Commonwealtii v. William PL Lord. S. J. C. 1, Larceny \, 
2, Assault. Exceptions S. C. Exceptions sustained. 

Commonwealth v. Abner B. Cooper, cdias. S. J. C. Embez- 
zleme7it. Exceptions S. C. Argued; not yet decided. 

Commonwealth v. Isaac Cooper. S. J. C. Forgery. Excep- 
tions S. C. Not yet argued. 

T. Jefferson Coolidge v. "William S. Dexter. S. J. C. Con- 
tract for scde of land. Judgment for plaintitf. 

Joshua B. Smith v. Commonwealth. 8. C. Contract. Entr}-, 
neither party. 

David Pul§ifer v. Commonwealth. S. C. Contract. Not yet 
tried. 

Albert Wood, Treasurer of the Worcester Lunatic Hospital, v. 
The City of Boston. S. C. Contract. Not yet tried. 

Commonwealth v. The Boston and Albany Railroad Compan}'. 
S. C. Contract. Not yet tried. 

Commonwealth v. Boston and Alban}- Railroad Company. 
S. J. C. Bill in Equity for specific jierformance. Not yet heard. 

hi re John Joyce. Habeas Corpus. Petitioner discharged. 

In re Warren A. Pollard. Habeas Corpus. AV^rit refused. 

COUNTY OF "WORCESTER. 

Commonwealth c. Louis Arm}-. S. J. C. Murder. Nol pt^'os. 
entered. 



1881.] PUBLIC DOCUiAIENT — No. 12. 21 

Commonwealth v. Daniel McCormick et als. S. J. C. Assault 
zvitk intent to kill. Exceptions S. C. Exceptions overruled. 

Commonwealth v. Sylvester A. Stockwell. S. J. C. Obtaining 
goods wider false j}retences. Exceptions S. C. Exceptions waived. 

Commonwealth v. John E. Donelly. 8. J. C. Illegal keeping 
of intoxicating liquor, ivith intent to sell. Exceptions S. C. Ex- 
ceptions waived. 

Commonwealth v. James F. Matthews. S. J. C. Liquor nui- 
sance. Exceptions S. C. Exceptions overruled. 

Commonwealth v. James F. Matthews. S. J. C. Illegal keep- 
ing of intoxicating liquor, ivith intent to sell. ■ Exceptions S. C. 
Exceptions overruled. 

Commonwealth v. George F. Krumsick. S. J. C. Illegal keep- 
ing of intoxicating liquor, with intent to sell. Exceptions S. C. 
Exceptions waived. 

Commonwealtii v. Solomon Dufran. S. J. C. Incest. Excep- 
tions S. C. Exceptions waived. 

Commonwealth, b}' Board of Commissioners of Savings Banks, 
V. The Lancaster Savings Bank. S. J. C. Petition for injunction 
and winding-up of affairs. Affairs in hands of receivers. 

UNITED STATES CIRCUIT COURT. 

William F. Graham v. Boston, Hartford, and Erie Railroad 
Compau}' et als. Not yet argued. 



22 ATTORNEY-GENERAL'S REPORT. [Jan. '81. 



CASES 

Requiring the Attorney - GeneraV s Official Supervision during the 
Tear ending Jan. 19, 18S1, though not conducted nor argued by 
him, 

COUNTY OF BRISTOL. 

Attorney-General, ex reh S. T. Viall et ah, v. William T. Soule, 
Ma^'or of New Bedford, et al. S. J. C. Mandamus. Excep- 
tions overruled. 

Attorney-General, ex rel. S. T. Viall et al., v. Thomas L. Allen. 
S. J. C. Quo warranto. Judgment of ouster. 

Attorney-General, ex rel. James T. Kinney, v. Killey E. Terry, 
County Commissioner. S. J. C. Quo ivarranto. Information 
dismissed. 

COUNTY OF HAMPDEN. 

Attorney-General, ex rel., v. Asa Smith et al. Obstructing 
the Connecticut River by floating logs. Information dismissed. 

COUNTY OF MIDDLESEX. 

Commonwealth v. Boston and Maine Railroad Company. S. J. C. 
Manslaughter. Exceptions S. C. Exceptions sustained. 

Attorney-General, ex rel. Mott et al., v. The Selectmen of 
Arlington. S. J. C. Obstruction of highway. Not yet heard. 

COUNTY OF PLYMOUTH. , 

Attorney-General, by information ex rel., v. Country Commis- 
sioners. S.J. C. Building bridge over Green-harbor River. Not 
3'et heard. 

Attorney-General, ex rel.. v. Charles G. Davis et als. S. J. C. 
In re Green-harbor Marsh. Not yet argued. 

COUNTY OP SUFFOLK. 

Attorn ey-Generaj, ex rel. George Bowman. Same v. Walter S. 
Wilkins. S. J. C. Informations to restrain trade of slaughter i)ig. 
Informations discontinued. 

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

Attorney-General, ex rel. Edward N. Perkins et al.,v. Jamaica 
Pond Aqueduct Corporation. S.J.C. Argued; not ^et decided. 

Attorney-General, ex rel. William F. Hart et al. S. J. C. 
Not 3-et heard. 



^ » ' }-V.:{,:.01