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

/( 



PUBLIC DOCUMENT. No. 12. 



ANNUAL REPORT 



ATTORNEY-GENERAL 



YEAR 188 1. 



BOSTON: 
l&antj, gfarg, & Co., printers to ilje Commonfocaltfj, 

117 Franklin Street. 
1882. 



*■- 



PUBLIC DOCUMENT. No. 12. 



ANNUAL REPORT 



- ■ 

ATTORNEY-GENERAL 



/ 



YEAR 188 1. 



I 



BOSTON: 
Iftanti, Sbirg, & Co., printers to tfje Comtnontocaltfj, 

117 Franklin Street. 
1882. 



<£ommontt)caitl) of ittassactjusette. 



Attorney-General's Office, > 

55 Equitable Building, Boston, Jan. 21, 1882. J 

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. 1882. 

I am, very respectfully, 

Your obedient servant, 



GEO. MARSTON. 



€omtnontocaltl) of illassac!)U0ett0. 



Attorney-General's Office, Jan. 18, 1882. 
To the Honorable the Speaker of the House of Representatives. 

I have the honor to submit to the Legislature my official 
report for the year ending this day, according to the require- 
ment of Gen. Stat., chap. 14, sect. 23. 

The whole number of cases in the courts which have re- 
quired my personal attention or supervision is 165, which are 
thus classified : — 



Indictments for murder .... 
Exceptions and reports in criminal cases 
Informations upon relation of public officers 
Informations upon relation of private persons 
Miscellaneous ...... 



27 
47 
69 



16 
165 



The most important of the causes which demand official 
service in the Supreme Judicial Court are the indictments 
for the crime of murder. I have attended to the conduct 
and disposition of the following cases of that kind during 
the past year : — 

IN THE COUNTY OF FRANKLIN. 

An indictment against Nelson Jarvis Phelps for the mur- 
der of Sarah Ada Grover, alias Sarah Ada Phelps. This 
was a case of secret killing by shooting, immediately after 
which the defendant sought to take his own life by shooting. 
At the time fixed for the trial, the defendant offered through 
his counsel to retract his plea of not guilty, and to plead 
guilty of murder in the second degree. Upon a review of 



6 ATTORNEY-GENERAL'S REPORT. [Jan. 

all the facts, and of the condition of the parties, I was of 
opinion that this disposition of the case satisfied the demands 
of public justice ; and I accepted the offer and the plea, and 
Phelps was thereupon sentenced to imprisonment in the 
State Prison for life. 

IN THE COUNTY OF HAMPSHIRE. 

An indictment against Charles A. Briggs for the murder 
of Charles Stetson at Pelham by shooting. He was arraigned 
on the nineteenth day of September, and pleaded not guilty ; 
and Messrs. Charles Delano and Charles N. Clark were as- 
signed as his counsel. At the time fixed for his trial, he 
offered through his counsel to retract his plea, and to plead 
guilty of murder in the second degree. I was entirely satis- 
fied that this result would be consistent with public justice ; 
and I consented, and accepted the plea which was tendered. 
The defendant was then sentenced to imprisonment in the 
State Prison for life. 

IN THE COUNTY OF MIDDLESEX. 

A new indictment against Homer Wellington for the mur- 
der of his young son by poisoning was returned, and efforts 
were made to bring the case to trial. A successful result 
depended, in my judgment, upon the evidence to be given 
by a woman who was the nurse in care of the child during 
his illness and at the time of his death. She was a native of 
Nova Scotia, and had a home and friends there. She went 
to that place, where no power of our court could be exerted 
to compel her return. A trustworthy officer was sent for 
her, and all practicable efforts were made to induce her to 
come to this State, and testify ; but she resolutely refused to 
do so, either at that time or at any future day. In this con- 
dition of things I was obliged to enter a nolle prosequi. Wel- 
lington has been sentenced in the Superior Court to a long 
term of imprisonment in the State Prison for an attempt to 
murder his wife by poison, to which he pleaded guilty. 

An indictment against Charles F. Williams for the murder 
of Walter Smith by shooting. Upon his trial before Justices 
Lord and Devens and a jury, a verdict was rendered of not 
guilty, by reason of insanity ; and he was committed to the 
lunatic hospital in conformity to law. 



1882.] PUBLIC DOCUMENT — No. 12. 7 

The exceptions which were pending at the date of my last 
report, in the case of Stearns K. Abbott, were afterwards 
argued and overruled ; and the prisoner was sentenced to be 
executed according to law. 

IN THE COUNTY OF NORFOLK. 

An indictment against Frank Adams and Amos T. Adams 
for the murder of George H. Partridge at Bellingham by 
stabbing. A verdict of guilty of manslaughter was returned 
against each, and they were severally sentenced to imprison- 
ment in the State Prison for the term of five years. 

An indictment against Charline Clark Williams Gilmore 
Daniels for the murder of her infant child at Franklin by 
choking, strangling, and drowning. Upon a trial before 
Chief Justice Gray and Justice Endicott and a jury, a verdict 
of not guilty, by reason of insanity, was returned ; and she 
was thereupon committed to the State Lunatic Hospital at 
Taunton, where she now remains : and her mental condition 
is unchanged. 

IN THE COUNTY OF SUFFOLK. 

An indictment against David Mooney (with several other 
names) for the murder of Edmund La Voie, alias Frenchy 
Marshall, at Boston by shooting. Upon a trial before Jus- 
tices Lord and Devens and a jury, a verdict of guilty of mur- 
der in the second degree was returned ; and the defendant 
was sentenced to imprisonment in the State Prison for life. 

IN THE COUNTY OF WORCESTER. 

An indictment against Edward Ryan for the murder of his 
wife, Mary Jane Ryan, at Webster by poisoning. Upon a 
trial before Justices Devens and Allen and a jury, a verdict 
of guilty of murder in the first degree was returned. The 
jury accompanied their verdict with a recommendation to 
mercy. Some exceptions are pending in this case which have 
not yet come to argument. 

There are now pending in the Supreme Judicial Court the 
following indictments, in which the defendants are charged 
with murder, which will be brought to trial as soon as the 
engagements of the court will permit it: viz., — 

D wight Kidder for the murder of Charles D. Kidder, and 



8 ATTORNEY-GENERAL'S REPORT. [Jan. 

Turpin Jenks for the murder of John Otis, in the county of 
Hampden ; James Gately for the murder of his wife, Mary 
Gately, and James McKenney for the murder of William 
McCornish, in Norfolk; Frank C. Pease for the murder of 
his wife, Ellen Pease, and John Daley for the murder of his 
wife, Ellen Daley, in Suffolk ; Thomas H. McMullen for the 
murder of his wife, Annie McMullen, and Faragino Charon 
for the murder of his wife, Exilda Charon, in the county of 
Bristol. 

I have heretofore called the attention of the Legislature 
to the lack of uniformity in the taxation of costs in criminal 
cases. I desire to repeat the suggestions which I have 
formerly made in that behalf. 

The advancement of science makes necessary and availa- 
ble, and more frequent, the use of the testimony of experts 
in the courts ; and, in the trial of capital cases, the resort to 
witnesses of this kind, both for prosecution and defence, is 
unavoidable. The increased compensation paid to such 
men in affairs of business at the present time, above what 
was formerly deemed sufficient, has of course raised the 
standard of expectation in respect to payment as wit- 
nesses. There is now no rule of law to govern the employ- 
ment of such men upon the trial of capital cases, and it rests 
solely in the discretion of the Attorney-General. The question 
of compensation is also practically left to that officer, though 
there is the opportunity of reference to the court in the 
nature of appeal. In my opinion this subject may be regu- 
lated by statute in a way to promote the public interest and 
to secure uniformity of administration. 

The suit against the Boston and Albany Railroad Company 
to recover the amount due for flats at South Boston, and the 
proceeding in equity concerning the same, are yet pending. 
Negotiations have been commenced, and are progressing, 
under the authority of Resolve of 1881, chap. 58, looking 
to a settlement of this controversy. It is expected that an 
adjustment may be reached without trial. 

The questions involved in the proceeding for the protec- 
tion of Green-harbor River have been argued and re-argued 
in the Supreme Judicial Court; but no decision has been 
announced. 

The petition of David Pulsifer to recover the sum of 



1882.] PUBLIC DOCUMENT — No. 12. 9 

$5,207.32, upon claims stated in my last report, has not yet 
come to trial. 

One other petition under the same statute has been insti- 
tuted by Charles P. Brooks, claiming that there is due him 
from the Commonwealth the sum of $3,078.23, with interest 
from Jan. 1, 1868, for labor and materials in alterations of 
the State House in 1867. Both these claims are stale, and 
are unfortunately allowed to be pursued after the witnesses 
who could have protected the interest of the Commonwealth 
therein have deceased. I call the attention of the Legisla- 
ture to the extraordinary fact, that, as the law now stands, 
the petitioners asserting these claims, which are more than 
twenty years old, can testify against the Commonwealth, 
and to the unjust advantage that will thus be afforded to 
these suitors who have allowed their demands to slumber so 
long. 

I have appended to this report a statement in reference 
to the cases of certain persons heretofore indicted for mur- 
der, and committed to the State lunatic hospitals as insane. 

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

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

The expense incurred by the Commonwealth for the ex- 
tradition and return of fugitives from justice during the 
year ending Dec. 31, 1881, has been $1,091.45. 

There has been collected, through this office, the sum of 
$1,639.14 upon claims due the Commonwealth, all of which 
has been paid over to the Treasurer and Receiver-General. 

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

Frederick H. Gillett, Esq., retired from the office of 
Assistant Attorney-General Aug. 1, 1881, at his own request ; 
and Charles H. Barrows, Esq., of Springfield, was appointed, 
and continues as his successor. 

GEO. MAPtSTON, Attorney- General. 



10 



ATTORNEY-GENERAL'S REPORT. [Jan. 



TABLE 



Shotting the Number of Criminal Cases pending on Questions of 
Law in the Supreme Judicial Court during the Tear ending Jan . 
18, 1882, and the Disposition thereof by Counties. 



COUNTIES. 


c 
•3 
c 

a 

P. 

o 

a 

u 


s 

o 

- — 

•8 te 
0) S 
2 o 

£ S 
A 


o 
.1 3 

cS g 
to & 

« C 

o 

■a S 

p 


Argued, but not yet 
decided. 


-a 
eu 

& 

eS 

o 
>. 

o 


Barnstable . 

Bristol . 

Essex 

Franklin 

Hampden 

Hampshire 

Middlesex 

Norfolk . 

Suffolk . 

Worcester 








2 
2 
4 
2 
1 
4 
6 
2 
17 
5 


2 
1 

1 

2 
1 
2 
9 
3 


3 

1 
1 

1 

3 


1 

1 
2 


2 

1 
4 

4 


Totals 


45 


21 


9 


4 


11 



1882.] 



PUBLIC DOCUMENT — No. 12. 



11 



TABLE 



Showing the Number and Character of Criminal Cases pending on 
Questions of Law in the Supreme Judicial Court during the 
Year ending Jan. 18, 1882, and the Disposition thereof. 



OFFENCES. 


c 
•3 


6 

o 
U 
» 


against the 
mwealth. 


a; 

o 

c 

a 


•a 

a 
to 




a, 

a 
O 


"2 I 

V S 

Q 


"2 B 
c 


< 


C3 
O 


Abortion ...... 


2 


1 






1 


Adultery ...... 

Arson . . . ... 


1 
1 


1 


1 


- 


- 


Assault ...... 


5 


2 


2 


_ 


1 


Breaking and entering 
Burning a hay-stack 


4 

1 


o 

1 


1 


- 


~ 


Conspiracy . . . . . 
Embezzlement ..... 


3 

2 


1 


- 


2 


1 
1 


Enticing to prostitution . 


1 


- 


1 


- 


- 


Forgery ...... 

False pretences .... 


1 
2 


1 


1 


— 


1 


Fraudulent concealment of property, 


1 


- 


1 


- 


- 


House of ill fame .... 


1 


_ 


1 


_ 


_ 


Illegal fishing ..... 
Keeping unlicensed dog . 
Liquor, illegal keeping of 
Liquor, illegal sale of 


2 
1 
3 
2 


1 

o 
1 


1 


1 


1 
1 


Liquor nuisance .... 


3 


1 


- 


- 


2 


Liquor, illegal transportation of 
Maintaining building for sale of re- 


1 


- 


- 




1 


freshments within one mile of a 












camp-meeting .... 
Manslaughter . 


1 
2 


2 


- 


- 


1 


Negligence of common carrier, caus- 












ing death ..... 


1 


_ 


_ 


1 


_ 


Nuisance ...... 


1 


1 


_ 


_ 


_ 


Possession of burglarious implements, 
Rape ...... 

Selling adulterated milk . 


1 

1 

1 


1 
1 
1 


_ 




— 


Totals 


45 


21 


9 


4 


11 



12 ATTORNEY-GENERAL'S REPORT. [Jan. 



CASES 

Argued and conducted by the Attorney-General during the Year 
eliding Jan. 18, 1882. 

COUNTY OF BARNSTABLE. 

Commonwealth v. Charles F. Freeman. S. J. C. Murder. 
Defendant still in Lunatic Hospital at Danvers. 

Commonwealth v. Mary Roberts. S. J. C. Liquor nuisance. 
Exceptions S. C. Not yet argued. 

Commonwealth v. Reuben L. Bearse. S. J. C. Maintaining a 
building for vending refreshments tvithin one mile of a camp-meet- 
ing. Exceptions S. C. Not yet argued. 

COUNTY OF BERKSHIRE. 

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

COUNTY OF BRISTOL. 

Commonwealth v. Thomas H. McMullen. S. J. C. Murder. 
Not yet tried. 

Commonwealth v. Faragino Charon, alias Frank Charon. Mur- 
der. S. J. C. Not yet tried. 

Commonwealth v. Margaret Sheldon. S. J. C. Burning a 
hay-stack. Exceptions S. C. Exceptions waived. 

Commonwealth v. Thomas F. Sweeney. S. J. C. Nuisance. 
Exception S. C. Exceptions overruled. 

COUNTY OF ESSEX. 

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

Commonwealth v. Thomas Kennedy. S. J. C. slssault ivith 
intent to ravish. Exceptions S. C. Exceptions sustained. 

Commonwealth v. Mary A. Jeffs. S. J. C. Manslaughter. 
Exceptions overruled. 

Commonwealth v. George H. Ricker. S. J.' C. Breaking and 
entering. Exceptions S. C. Exceptions sustained. 



1882.] PUBLIC DOCUMENT — No. 12. 13 



COUNTY OF FRANKLIN. 

Commonwealth v. Nelson Jarvis Phelps. S. J. C. Murder. 
Plea of murder in the second degree accepted. Sentenced. 

Commonwealth v. John Martin. S. J. C. Fraudulent conceal- 
ment by insolvent. Exceptions 8. C. Exceptions sustained. 

Commonwealth v. Henry Wait, Patrick Fitzgerald, and Michael 
Burke. S. J. C. Illegal fisldng. Exceptions S. C. Exceptions 
overruled. 

COUNTY OF HAMPDEN. 

Commonwealth v. John Kemmler. S. J. C. Murder. De- 
fendant still in Lunatic Hospital at Worcester. 

Commonwealth v. Dwight Kidder. S. J. C. Murder,. Not 
3'et tried. 

Commonwealth v. Turpin Jenks. S. J. C. Murder. Not yet 
tried. 

Commonwealth v. Elvira Makely. S. J. C. Arson. Excep- 
tions S. C. Exceptions sustained. 

COUNTY OF HAMPSHIRE. 

Commonwealth v. Benjamin Eastman. S. J. C. Murder. 
Defendant still in Lunatic Hospital at Worcester. 

Commonwealth v. Charles A. Briggs. S. J. C. Murder. 
Plea of murder in second degree accepted. Sentenced. 

Commonwealth v. Lilly Lavonsaif. S. J. C. House of ill 
fame. Exceptions S. C. Exceptions sustained. 

Commonwealth v. Isaac Bakeman. S. J. C. Adultery. Ex- 
ceptions S. C. Exceptions overruled. 

Commonwealth v. Patrick Whalen and Patrick Dwyer. S. J. C. 
Breaking and entering. Exceptions S. C. Exceptions overruled. 

Commonwealth v. Francis A. Beals. S. J. C. Assault and 
battery. Exceptions S. C. Not yet argued. 

COUNTY OF MIDDLESEX. 

Commonwealth v. Andrew Donelly. S. J. C. Murder. De- 
fendant died at Taunton Lunatic Asylum, Aug. 18, 1878. 

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

Commonwealth v. Mortimer Johnson and Sarah A. Johnson. 
S. J. C. Murder. Not yet tried. Defendant Mortimer John- 
son escaped from prison, and is still at large. Sarah A. Johnson 
released on her own recognizance. 

Commonwealth v. Homer Wellington. S. J. C. Murder. 



14 ATTORNEY-GENERAL'S REPORT. [Jan. 

Nol. pros, entered by reason of the absence from the country of 
an essential witness. 

Commonwealth v. Charles F. Williams. S. J. C. Murder. 
Acquitted on ground of insanity. 

Commonwealth v. Stearns Kendall Abbott. S. J. C. Excep- 
tions argued and overruled. Defendant sentenced to be hung. 

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

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

Commonwealth v. Joseph B. Andrews. S. J. C. Conspiracy. 
Exceptions S. C. Argued, but not decided. 

Commonwealth v. William B. Washburn. S. J. C. Liquor 
nuisance. Exceptions S. C. Not yet argued. 

Commonwealth v. William O'Hearn. S. J. C. Illegal sale of 
intoxicating liquor. Exceptions S. C. Not yet argued. 

Commonwealth v. James F. Stratton. S. J. C. Illegal trans- 
portation of liquor. Exceptions S. C. Not yet argued. 

COUNTY OF NORFOLK. 

Commonwealth v. Dennis Carney. S. J. C. Murder. Defend- 
ant was removed from Taunton Lunatic Asylum to the Almshouse 
at Stoughton, May 24, 1879. 

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

Commonwealth v. Frank Adams and Amos T. Adams. S.J. C. 
Murder. Defendants convicted of manslaughter, and sentenced. 

Commonwealth v. Charline Clark Williams Gilmore Daniels. 
S. J. C. Murder. Acquitted on the ground of insanity, and 
committed to lunatic hospital. 

Commonwealth v. James Gately. S. J. C. Murder. Not yet 
tried. 

Commonwealth v. James McKenney, alias James MaKenney. 
S. J. C. Murder. Not yet tried. 

Commonwealth v. Peter Sullivan. S. J. C. Liquor nuisance. 
Exceptions S. C. Exceptions overruled. 

Commonwealth v. Dominick Moran. S. J. C. Breaking and 
entering. Exceptions S. C. Exceptions overruled. 

COUNTY OF PLYMOUTH. 

Hathaway v. Boyden. S. C. Action for damages occasioned 
by drainage of State Normal School at Brirlgewater. Entry of 



1882.J PUBLIC DOCUMENT — No. 12. 15 

neither party, compensation being made by Resolve of 1881, 
chap. 29. 

COUNTY OF SUFFOLK. 

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

Commonwealth, by Board of Commissioners of Savings Banks, 
v. North Bridgewater Savings Bank. Same v. Mechanics' Sav- 
ings Bank. Same v. Sandwich Savings Bank. Same v. Barn- 
stable Savings Bank. Same v. Hyannis Savings Bank. Same v. 
West Boston Savings Bank. Same v. Mercantile Savings Insti- 
tution. Same v. Rockport Savings Bank. Same v. Lexington 
Savings Bank. Same v. Needham Savings Bank. Same v. Read- 
ing 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 Board of Commissioners of Savings Banks, 
v. Foxborough Savings Bank. S. J. C. Petition for an injunc- 
tion. Injunction issued. 

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

Commonwealth, by Insurance Commissioner, v. Alliance Insur- 
ance Company. S. J. C. Petition for an injunction and winding- 
up of affairs. Injunction issued, but modified so as to allow the 
officers to wind up the affairs of the company. 

Commonwealth, by Insurance Commissioner, v. Mutual Health 
and Benefit League. S. J. C. Petition for an injunction against 
exceeding statutory powers. Injunction issued. 

Commonwealth, by Deput3' Insurance Commissioner, v. Na- 
tional Insurance Company. Same v. Exchange Insurance Com- 
paq'. Same v. Boston Insurance Company. Same v. Suffolk 
Fire Insurance Company. Same v. Manufacturers' Insurance 
Company. Same v. Howard Fire Insurance Company. Same v. 
Merchants' Insurance Company. Same v. Shoe and Leather 
Dealers' Insurance Company. Same v. Franklin Insurance Com- 
pan}-. Same v. People's Fire Insurance Company. Same v. 
Washington Insurance Company. Same v. Neptune Insurance 
Company. S. J. C. Petitions for injunctions and winding-up of 
affairs. Affairs in hands of receivers. 

Attorney-General, ex rel. Treasurer, v. South Pewabic Copper 
Company. Same v. Winthrop Manufacturing Company. Same 



16 ATTORNEY-GENERAL'S REPORT. [Jan. 

v. United States Manufacturing Company. Same v. Canadian 
Stop Motion Company. Same v. American Furniture Company. 
Same v. Springfield and Nevvburyport Co-operative Mining Com- 
pany. Same v. United States Electric Light Company. Same v. 
Peet Moulding Machine Company. Same v. Marginal Freight' 
Railroad Company. Same v. Drake Gaslight Company. Same 
v. Estes Plow Company. Same v. American Consolidated Fire 
Extinguisher Company. Same v. American Street Light Reflector 
Company. S. J. C. Informations for taxes. Injunctions issued. 
Attorney-General, ex rel. Treasurer, v. Winthrop Manufacturing 
Company. S. J. C. Information for taxes. Interlocutory in- 
junction issued. 

Attornej'-General, ex rel. Treasurer, v. New England Scale 
Board Box Company. S. J. C. Information for taxes. Not yet 
heard. 

Attorney-General, ex rel. Commissioner of Corporations v. 
Black River Mining Company. Same v. Haverhill Lime Com- 
pany. Same v. Revere Brick Company. S. J. C. Informations 
for not making returns. Injunctions issued. 

Attorne3'-General, ex rel. Treasurer, v. Cambridge Brick Com- 
paii3 T . Same v. American Machine Company. Same v. Good3'ear 
Rubber Company. Same v. Black River Mining Company. Same 
v. Haverhill Lime Company. Same v. American Railway Frog 
Company. S. J. C. Informations for not making returns. In- 
junctions issued. 

Attorney-General, ex rel. Treasurer, v. Ashburnham Reservoir. 
Same v. Farmers' and Mechanics' Co-operative Association. In- 
formations for not making returns. Not yet heard. 

Commonwealth, by Tax Commissioner, v. Superior Mining 
Company. Same v. Plymouth Gold Mining Company. Same v. 
Silver Ledge Mining Company. Same v. Incas Mining Company. 
Same v. Malachite Mining Company. S. J. C. Informations for 
not making returns. Injunctions issued. 

Commonwealth, by Tax Commissioner, v. Harris Gold Mining 
Company. Same v. Canada Mining Companj'. Same v. Pether- 
ick Mining Company. S. J. C. Informations for not making 
returns. Not yet heard. 

Commonwealth, by Tax Commissioner, v. Roy Stone Hydraulic 
Mining Company. Information for not making returns. In- 
formation dismissed. 

Commonwealth, ex rel. Commissioner of Corporations, v. Dracut 
Nickel Mining Corporation. Same v. Rotaiy Heel Manufacturing 
Company. S. J. C. Informations for not paying fee for filing 
returns. Fees paid and informations dismissed. 



1882.] PUBLIC DOCUMENT — No. 12. 17 

Commonwealth, by Commissioner of Corporations, v. American 
Saddle Company. S. J. C. Petition for a dissolution. Dissolu- 
tion decreed. 

In re Charles Connell. Habeas Corpus. Writ refused. 

In re John Lyman Randall. Habeas Corpus. Petitioner re- 
manded. 

In re Thomas A. Marvin, alias Budlong A. Morton. Habeas 
Corpus. Petitioner remanded. 

Commonwealth v. David Mooney. S. J. C. Murder. Con- 
victed of murder in second degree. 

Commonwealth v. Thomas Brennan. S. J. C. Murder. De- 
fendant escaped from Taunton Lunatic Asylum, April 30, 1880. 

Commonwealth v. Frank C. Pease. S. J. C. Murder. Not 
yet tried. 

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

Commonwealth v. Thomas II. Brown. S. J. C. Possessing 
burglarious implements. Exceptions overruled. 

Commonwealth v. Langdon W. Moore. 8. J. C. Breaking 
and entering. Exceptions S. C. Exceptions waived. 

Commonwealth v. Lillie Whittaker. S. J. C. Enticing to pros- 
titution. Exceptions S. C. Exceptions sustained. 

Commonwealth v. Abner B. Cooper, alias. S. J. C. Embez- 
zlement. Exceptions S. C. Exceptions overruled. 

Commonwealth v. Isaac Cooper. S. J. C. Forgery. Excep- 
tions S. C. Exceptions waived. 

Commonwealth v. Louis K. Palmer. S. J. C. Keeping an 
unlicensed dog. Exceptions S. C. Argued, but not decided. 

Commonwealth v. Martin E. Evans. S. J. C. Selling adul- 
terated milk. Exceptions S. C. Exceptions overruled. 

Commonwealth v. John C. Carter. 8. J. C. Assault. Ex- 
ceptions S. C. Exceptions overruled. 

Commonwealth v. Henry Jackson. S. J. C. False pretences. 
Exceptions S. C. Exceptions sustained. 

Commonwealth v. John R. Walsh. S. J. C. Assaidt with 
intent to kill. Exceptions S. C. Exceptions sustained. 

Commonwealth v. Thomas Harris. S. J. C. Rape. Excep- 
tions S. C. Exceptions overruled. 

Commonwealth v. John J. Doyle. S. J. C. Keeping liquor 
with intent to sell. Exceptions S. C. Not yet argued. 

Commonwealth v. David M. Feldman. S. J. C. Assault. 
Exceptions S. C. Exceptions overruled. 

Commonwealth v. Sarah E. Howe. S. J. C. False pretences. 
Exceptions S. C. Not yet argued. 



18 ATTORNEY-GENERAL'S REPORT. [Jan. 

Commonwealth v. Sylvester S. Felch. S. J. C. Attempt to 
procure an abortion. Exceptions S. C. Exceptions overruled. 

Commonwealth v. Henry Ta}lor. S. J. C. Abortion. Excep- 
tions S. C. Not yet argued. 

Commonwealth v. Gardner A. Fuller and E. Frank Mosher. 
S. J. C. Conspiracy. Exceptions S. C. Not yet argued. 

David Fuller v. Commonwealth. S. C. Contract. Not yet 
tried. 

Albert Wood, Treasurer of the Worcester Lunatic Hospital, v. 
The City of Boston. S. C. Contract. Judgment for plaintiff. 

Commonwealth v. The Boston and Albany Railroad Company. 
S. C. Contract. Not yet tried. 

Commonwealth v. Boston and Albany Railroad Company. 
S. J. C. Bill in equity for specific performance. Not yet heard. 

James Schouler, Administrator, Petitioner for Instructions. 
S. J. C. Escheat. Argued before Allen, J., and reserved for the 
full court. 

Charles P. Brooks, Petitioner. S. C. Claim for work done on 
State House. Not yet heard. 

Connecticut Mutual Life Insurance Company v. Daniel A. 
Gleason, Treasurer, et al. S. J. C. Petition to compel repayment 
of tax. Reserved for the full court. Not yet argued. 

New York Life Insurance Company v. Daniel A. Gleason, 
Treasurer, et al. S. J. C. Petition to compel repayment of a tax. 
Reserved for full court. Not }-et argued. 

Society for Promoting Theological Education v. The Attorney- 
General. S. J. C. Bill for instructions on the administration of 
a trust. Not yet heard. 

Eugene B. Hinckley v. Susan C. Thatcher et al. S. J. C. Bill 
in equity for construction of a will. 

Attorne3 T -General v. Proprietors of Rowe's Wharf. Information 
for an injunction. Not yet heard. 

COUNTY OF WORCESTER^ 

Commonwealth v. Edward Ryan. S. J. C. Murder. Defend- 
ant convicted of murder in first degree. Exceptions pending. 

Commonwealth v. William O'Maley, alias William Malia. 
S. J. C. Manslaughter. Exceptions S. C. Exceptions over- 
ruled. 

Commonwealth v. John M. Mulcahey. S. J. C. Illegal keeping 
of liquor with intent to sell. Exceptions S. C. Exceptions over- 
ni'.ed. 

Commonwealth v. Edward F. Prouly. S. J. C. Illegal keeping 



1882.] PUBLIC DOCUMENT — No. 12. 19 

of liquor toith intent to sell. Exceptions S. C. Exceptions over- 
ruled . 

Commonwealth, by 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 
Company et als. Not yet tried. 



20 ATTORNEY-GENERAL'S REPORT. [Jan. 



CASES 

Requiring the Attorney-General' s Official Supervision during the 
Year ending Jan. 18, 1882, though not conducted nor argued by 
him. 

COUNTY OF MIDDLESEX. 

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. County Commis- 
sioners. S. J. C. Building bridge over Green-harbor River. 
Not yet decided. 

Attorney-General, ex rel., v. Charles G. Davis et als. S. J. C. 
In re Green-harbor Marsh. Argued, but not decided. 

COUNTY OF SUFFOLK. 

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

Attorne} _ -General, ex rel. Edward N. Perkins et al., v. Jamaica 
Pond Aqueduct Corporation. S. J. C. Argued ; not yet decided. 

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

COUNTY OF ESSEX. 

Commonwealth v. William H. Perley. S. J. C. Illegal fishing 
in a pond. Exceptions S. C. Exceptions sustained. 

Attorney-General v. City of Boston et al. S. J. C. Bill in 
equity for an injunction against sale of Commonwealth lands by 
Tax Collector. Interlocutory injunction issued. 

COUNTY OF WORCESTER. 

Commonwealth v. Jesse J. Coburn. Indictment against com- 
mon carrier for negligence- S. J. C. Exceptions S. C. Argued, 
but not vet decided. 



1882.] PUBLIC DOCUMENT — No. 12. 21 



STATEMENT 

Concerning Insane Prisoners indicted for Murder. 

Dennis Carney, committed to Hospital at Taunton. February, 
1871, admitted to bail with sureties, May 20, 1879, in the sum of 
SI, 000, and discharged from the Hospital by order of the Supreme 
Judicial Court. His insanity was such that it appeared he could 
be safeby cared for b} - the Overseers of the Poor of Stoughton. 

David Scannell, committed to the Hospital in Taunton, Feb- 
ruary, 1872, is still there, and continues insane. 

Thomas Brennan, committed to the Hospital in Taunton, es- 
caped from that institution April 30, 1880 ; and all efforts to find 
him have been fruitless. 

John Kemmler, committed to the Hospital at Worcester in 
February, 1880, is still there. His physical health is much better 
than when he was committed ; tl but he is an epileptic, and at times 
very dull and morose, and at other times silly." 

Charles F. Freeman, committed to the Hospital at Danvers in 
May, 1880, is in good physical condition ; but his mental state has 
not materialby changed. 

Charline Clark Williams Gilmore Daniels, committed to the 
Hospital at Taunton, June, 1881, remains in substantially the 
same condition as when committed. 

Benjamin Eastman, committed to the Hospital at Worcester, 
Dec. 8, 1880, remains there, and is reported as ''epileptic, stupid, 
and of low grade of intellect." 

Charles F. Williams, committed to the Hospital at Worcester, 
May 24, 1881, remains there, and is reported as " at present quite 
depressed." 







Silas"