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

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(t; J. 1.,', ■ \ 



i i i 



PUBLIC DOCUMENT. No. 12. 



ANNUAL REPORT 



ATTORNEY- GENERAL 



YEAR 1882. 



BOSTON : 

WRIGHT & POTTER PRINTING CO., STATE PRINTERS, 
18 Post Office Square, 

1<S83. 



PUBLIC DOCUMENT. No. 12. 



ANNUAL REPORT 



ATTORNEY- GENERAL 



YEAR 1882. 



BOSTON : 

WRIGHT & POTTER PRINTING CO., STATE PRINTERS, 

18 Post Office Square, 

1883. 



(HommonrDcaltl) of illa00act)U0ett0. 



Attorney-General's Office, 

Boston, Jan. 17, 1883. 

To the Hon. George A. Marden, 

Speaker of the House of Represeyitatives. 

Sir : — I have the honor to transmit to you, herewith, my 
official report for the year ending this day, and which closes 
my term of service. 

I am, very respectfully, 

Your obedient servant, 

GEO. MARSTON. 



Commontuealtl) of itta00acl)U5Ctt0. 



Attorney-Genekal's Office, Jan. 17, 1883. 
To the Honorable the Speaker of the House of Representatives ; 

I have the honor to submit to the legislature my official 
report of the work of this department for the year ending 
this day. 

The whole number of cases in the courts which have 
required and received my personal attention or supervision 
is 219 ; and they are thus classified : — 

Indictments for murder, 20 

Exceptions and reports in criminal cases, . 73 

Infoi'mations upon relation of public officers, . 92 

Informations upon relation of private persons, . 10 

Miscellaneous, 24 

Total, 219 

I have attended to the conduct and disposition of the fol- 
lowing cases in the Supreme Judicial Court in which the 
defendants were charged with the crime of murder. 

In the County of Hampden. 
An indictment against Dwight Kidder for the murder of 
Charles D. Kidder, by shooting. Upon his arraignment he 
pleaded not guilty, and Messrs. Nehemiah A. Leonard and 
George Leonard were assigned as his counsel. Subsequently 
George Leonard was excused from serving as counsel, at his 
own request, and Henry C. Bliss was assigned in his stead. 
A trial was commenced before Justices Lord and Charles 
Allen, April 24, and terminated April 27, in a verdict of 
guilty of manslaughter, and the defendant was thereupon 



ATTORNEY-GENERAL'S REPORT. [Jan. 

sentenced to imprisonment in the State Prison for twenty 
years. 

An indictment against Turpin Jenks for the murder of 
John Otis, by beating and wounding by blows. Upon his 
arraignment he pleaded not guilty, and Messrs. E. B. May- 
nard and Willmore B. Stone were assigned as his counsel. 
His trial was commenced April 27, before Justices Lord and 
Charles Allen, and terminated April 29, in a verdict of guilty 
of manslaughter. He was thereupon sentenced to imprison- 
ment in the State Prison for six years. 

An indictment against Joseph B. Loomis for the murder 
of David Leavitt, by shooting. Upon his arraignment he 
pleaded not guilty, and Messrs. Henry W. Ely and J. R. 
Dunbar were assigned as his counsel. Subsequently Mr. 
Dunbar retired, and James B. Carroll was assigned in his 
stead. His trial commenced December 5, before the Chief 
Justice and Justice Charles Allen, and terminated December 
8, in a verdict of guilty of murder in the first degree. He 
was thereupon sentenced to be executed on March 8, 1883. 

In the County of Norfolk. 

An indictment against James Gately for the murder of his 
wife, Mary Gately, by blows. Upon his arraignment he 
pleaded not guilty, and Messrs. C. A. Mackintosh and A. 
Eliot were assigned as his counsel. His trial was had May 
16, before Justices Devens and C. Allen, and resulted in a 
verdict of not guilty by reason of insanity, and he was 
ordered to be committed to the State Lunatic Hospital at 
Worcester during his natural life. 

An indictment against James McKenney, for the murder 
of William McComish, l)y blows. Upon his arraignment he 
pleaded not guilty, and Messrs. William B. Gale and John 
L. Eldridge were assigned as his counsel. Mr. Gale declined 
to act, and was excused by the court, and J. J. Malone was 
assigned as junior counsel. The trial commenced before 
Justices Devens and C. Allen, May 17, and terminated May 
20, in a verdict of guilty of murder in the second degree, 
and the prisoner was sentenced to imprisonment in the State 
Prison for life. 



1883.] PUBLIC DOCUMENT — No. 12. 7 

In the County of Bristol. 

An indictment against Faragino Charon, alias Frank Charon, 
for the murder of his wife, Exilda Charon, by shooting. Upon 
his arraignment he had pleaded not guilty ; but at the time 
fixed for his trial before the Chief Justice and Justice Devens, 
April 18, he desired to retract that plea, and plead anew, to 
which I assented ; and he thereupon pleaded guilty of mur- 
der in the second degree, which plea I accepted, and he was 
sentenced to imprisonment in the State Prison for life. His 
rights were carefully protected by H. A. Dubuque, his 
counsel. 

An indictment against Thomas H. McMullen for the mur- 
der of his wife, Anna B. McMullen, by beating. On his 
arraignment he had pleaded not guilty, and Messrs. Nicholas 
Hatheway and John W. Cummings were assigned as his 
counsel. His trial commenced before the Chief Justice and 
Justice Devens, April 18, and terminated, April 21, in a ver- 
dict of guilty of murder in the second degree ; and he was 
sentenced to imprisonment in the State Prison for life. 

In the County of Suffolk. 

An indictment against John Daley for the murder of his 
wife, Ellen Daley, by stabbing. On his arraignment he had 
pleaded not guilty, and Messrs. Albert E. Pillsbury and 
Matthew Dolan were assigned as his counsel. At the time 
fixed for his trial he desired to retract his plea, to which I 
consented, and he then pleaded guilty of manslaughter, 
which plea I accepted, and he was thereupon sentenced to 
imprisonment in the State Prison for twenty years. 

An indictment against Frank C. Pease for the murder of 
his wife, Ellen Pease, by shooting. Upon his arraignment 
he had pleaded not guilty, and Messrs. Henry E. Fales and 
Stephen H. Tyng were assigned as his counsel. His trial 
commenced April 10, before the Chief Justice and Justice 
W. Allen, and terminated April 13, in a verdict of guilty 
of murder in the second degree, and he was thereupon sen- 
tenced to imprisonment in the State Prison for life. 



8 ATTORNEY-GENERAL'S REPORT. [Jan. 

In the County of Worcester. 
An indictment against George H. Richardson for the 
murder of Solomon Richardson, by shooting. Upon his 
arraignment, he pleaded not guilty, and Messrs. George F. 
Verry and F. A. Gaskill were assigned as his counsel. His 
trial commenced December 11, before Justices Field and 
Devens, and terminated, December 13, in a verdict of guilty 
of murder in the second degree. A motion to set aside the 
verdict was argued and overruled, and Richardson was there- 
upon sentenced to imprisonment in the State Prison for life. 

An indictment against Joseph St. John for the murder of 
Dolor J. Varney, by shooting. Upon his arraignment, he 
pleaded not guilty, and Messrs. John Hopkins and Charles 
F. Aldrich were assigned as his counsel. His trial com- 
menced before Justices Field and Devens, December 14, and 
terminated, December 18, in a verdict of guilty of murder in 
the second degree. A motion to set aside the verdict was 
argued and overruled, and St. John was thereupon sentenced 
to imprisonment in the State Prison for life. 

In all these cases I had the efficient assistance of the dis- 
trict attorneys in the respective districts. 

There are now pending, awaiting trial, two indictments, 
in which the defendants are charged with murder ; one 
against Walter Edwin Curtis, for the murder of Charles 
Eugene Biglow, in the county of Franklin ; and one against 
Michael O'Neil, for the murder of Hannah O'Neil, in the 
county of Suffolk. 

I am impelled by a sense of duty to repeat the following 
recommendations from my last annual report : — 

" 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 available, 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 i^ayment as witnesses. There is now no rule of 
law to govern the employment of such men upon the trial of capital 
cases, and it rests solely in the discretion of the Attorney-General. The 



1883.] PUBLIC DOCUMENT — No. 12. 9 

question of compensation is also practically left to that officer, though 
there is the oj^portunity of reference to the court in the nature of 
appeal. In my opinion, this subject maj' be regulated by statute in a 
way to promote the public interest, and to secure uniformity of 
administration" 

In addition to the service demanded in the courts, upon 
cases actually depending, other important work has l^een 
required of me in advising the different departments of the 
grovernment, and still more in resistins; before committees 
of the legislature, claims Avhich have been made against the 
Commonwealth. 

The suit against the Boston & Albany Eailroad Company 
to recover the amount due for flats at South Boston, and the 
proceeding in equity concerning the same, have been brought 
to a close under the authority of the Resolve of 1881, chap. 
58. The terms of the settlement appear in the agreement 
hereto annexed, to which I respectfully reftir, and which 
were approved by the Harbor and Land Commissioners, and 
the Governor and Council. The adjustment of this contro- 
versy has required much time and patience on the part of 
the Harbor and Land Commissioners, to whom great credit 
is due for their labors in this behalf. 

The questions involved in the proceeding for the protec- 
tion of Green Harbor River have been arjjued and re-araued 
in the Supreme Judicial Coiu't ; but no decision has been 
announced. 

The petition of David Pulsifer, claiming to recover 
$5,207 32 for work done in connection with the publication 
of ancient records, was tried before Chief Justice Brigham 
and Justices Colburn and Knowlton of the Superior Court, 
and resulted in a verdict in favor of the Commonwealth. 

The petition of Charles P. Brooks, claiming to recover 
$3,078.23, with interest, for labor and materials in altera- 
tions at the State House in 1867, was disposed of by an 
entry of neither j)cirty . 

Provision is made l)y Public Statutes, chap. 17, sect. 10, 
for the appropriation of $300 annually for costs in civil 
actions. The costs of such actions during the past year 
have been $576.05, so that the appropriation Avas insufficient 
by the sum of $276.05. But costs were collected in civil 



10 ATTORNEY-GENERAL'S REPORT. [Jan. 

cases during the year to the amount of $596.94, and the 
costs collected may usually be expected to approximate in 
amount the necessary expenditure for such costs ; and it 
would be wise to have the costs collected paid over to the 
treasurer at frequent intervals, and added to the annual 
appropriation of $300, and made available for the payment 
of costs in civil actions as they may arise. There is now in 
the hands of the Assistant Attorney-General the sum of 
$792.86, which is for the most part the accumulation of costs 
received l)y this ofBce during a munber of years, which is 
this day paid over to the treasurer ; and a new method of 
accounting should be adopted, which will simplify the man- 
agement of the receipts and expenditures in this matter. 

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

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 26 were granted. 

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

The expense incurred by the Commonwealth for the extra- 
dition and return of fugitives from justice during the year 
ending Dec. 31, 1882, has been $549.50. 

There has been collected, through this office, the sum of 
$4,835.18 upon claims due the Commonwealth, of which 
$4,781.47 has been paid over to the Treasurer and Receiver- 
General, and $53.71 to the Treasurer of the Lunatic Hospi- 
tal at Danvers. To this may properly be added the $100,000 
recovered in the settlement with the Boston & Albany Rail- 
road Company. 

The exceptions pending in the case of Edward Ryan, 
heretofore convicted of murder in the first degree, have been 
argued, but have not yet been disposed of by the court. 

In the case of William F. Graham et al. v. The Boston, 
Hartford & Erie Railroad Company, and others, in Avhicli the 
Treasurer and Receiver-General was made a party defend- 
ant because of his custody of certain bonds, pending in the 



1883.] PUBLIC DOCUMENT — No. 12. 11 

Circuit Court of the United States for the District of Massa- 
chusetts, an opinion has just been filed sustaining the de- 
murrer of the defendants on the grounds of ladies and want 
of equity. 

Further details of the work of this department appear in 
the subjoined tables. 

Charles H. Barrows, Esq., has continued to fill the ofiice 
of Assistant Attorney-General to this time with commenda- 
ble fidelity and conspicuous abih'ty. 

GEORGE MARSTON, 

Attorney- General. 



12 



ATTORNEY-GENERAL'S REPORT. [Jan. 



TABLE 

Showing the Number of Criminal Cases pending on Questions of 
Law in the Supreme Judicial Court during the Year ending Jan. 
17, 1883, and the Disposition thereof by Counties. 



COUKTIES. 


s 

1 

u 
o. 

a 


^ 1 


Ij 

■c a 
1 s 
e 5 


o . 


p 


Barnstable, 

Bristol, . 

Dukes, . 

Essex, . 

Franklin, 

Hampden, 

Hampshire, 

Middlesex, 

Norfolk, 

Plymouth, 

Suffolk, 

Worcester, 














2 
6 
2 
6 
1 
5 
4 

13 
3 
6 

21 
4 


2 
5 

6 
1 
5 
3 
9 
5 
2 
12 
1 


2 

2 
2 


1 

2 

1 

1 
1 
1 
3 

1 


1 
4 


Totals, 


73 


51 


6 


11 


5 



1883.] 



PUBLIC DOCUMENT — No. 12. 



TABLE 

Showing the Number and Character of Criminal Cases pending on 
Questions of Laio in the Supreme Judicial Court dxiring the Year 
ending Jan. 17, 1883, and the Disposition thereof. 





c 


g -3 


1 « 


o 


'6 




■3 


<2 S 
■2 «S 


??„^ 


ll 




OFFENCES. 


o. 


•c £ o 


^5| 


'2''° 






93 


s a 


■a a 




>> 




S3 


« i 


■3 S 


^t 


o 




o 


u 


a o 


< 


23 


Abortion, 


2 


1 





1 


_ 


Attempt to extort money, . 


1 


- 


- 


- 


1 


Arson, 


1 


- 


— 


- 


1 


Assault, ..... 


4 


4 


- 


- 


- 


Burning a building in the night time 


1 


- 


- 


1 


- 


Burning a building to defraud an in 












surance company, 


1 


1 


- 


- 


- 


Burning a haystack. 


1 


1 


- 


- 


- 


Concealing leased property. 


1 


- 


1 


- 


- 


Conspiracy, 


4 


2 


1 


] 


- 


Disorderly house. 


3 


2 


- 


- 


1 


Drunkenness, .... 


2 


2 


- 


- 


- 


Embezzlement, .... 


1 


- 


1 


- 


- 


False pretences, .... 


1 


1 


- 


- 


- 


Forgery, 


1 


— 


- 


- 


1 


Jail breach, 


1 


1 


- 


- 


- 


Keeping an unlicensed dog, 


1 


- 


- 


1 


- 


Larceny, 


5 


4 


- 


1 


- 


Liquor nuisance, .... 


13 


11 


- 


2 


- 


Liquor, keeping with intent to sell. 


5 


3 


- 


i 


- 


Liquor, illegal sale of. 


6 


5 


1 


- 


- 


Liquor, illegal transportation of, . 


1 


1 


- 


- 


- 


Liquor seizure, .... 


1 


- 


- 


1 


- 


Maintaining a building for sale of re- 












freshments within one mile of a 












camp-meeting, .... 


1 


1 


- 


- 


- 


Maintaining an unlicensed pool table 


1 


1 


- 


— 


— 


Manslaughter, .... 


1 


- 


1 




- 


Mayhem 


1 


1 


- 


- 


- 


Murder, 


1 


- 


— 


1 


- 


Obstructing a highway. 


1 


- 


1 


- 


- 


Obtaining property by trick at cards. 


1 


- 


- 


- 


1 


Perjury, . . * . 


1 


1 


— 


— 


— 


Violation of a municipal ordinance, 


2 


1 


~ 


1 


_ 


Violation of the screen law, 


6 


6 




- 


- 


Totals, 


73 


51 


6 


11 


5 



14 ATTORNEY-GENERAL'S REPORT. [Jan. 



CASES 

Argued by the Attorney- General, or requiring his Special Supervi- 
sion, during the Year ending Jan. 17, 1883. 



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. Exceptions overruled. 

Commonwealth v. Reuben L. Bearse. S. J. C. Maintaining a 
building for vending refreshments within one mile of a camp-meet- 
ing. Exceptions S. C. Exceptions overruled. 

County of Bristol. 

Commonwealth v. Thomas H. McMullen. S. J. C. Murder. 
Defendant convicted of murder in the second degree, and sen- 
tenced. 

Commonwealth v. Faragino Charon, alia,s Frank Charon. S. J. 
C. Murder. Defendant pleaded guilty of murder in the second 
degree, and was sentenced. 

Commonwealth v. John P. Brennan. S. J. C. Larceny. Ex- 
ceptions S. C. Exceptions waived. 

Commonwealths. Margaret Sheldon. S. J. C. Burning a hay- 
stack. Exceptions S. C. Exceptions overruled on default. 

Commonwealth v. John F. Nichols and Almon Ingalls. S. J. C. 
Conspiracy. Exceptions S. C. Argued, but not decided. 

Commonwealth v. John Blaney. S. J. C. Mayhem. Excep- 
tions S. C. Exceptions overruled. 

Commonwealth v. Peter Hughes. S. J. C. Drunkenness. Ex- 
ceptions S. C. Exceptions overruled. 

Commonwealth v. Ellen Callahan. S. J. C. Liquor nuisance. 
Exceptions S. C. Exceptions waived. 



1883.] 



PUBLIC DOCUMENT — No. 12. 



15 



County of Dukes County. 

Commonwealth u. William J. Mosher. S.J. C. Liquor nuisance. 
Exceptions S. C. Argued, but not decided. 

Commonwealth v. Certain Intoxicating Liquors ; William J. 
Mosher, claimant. S. J. C. Exceptions S. C. Argued, but not 
decided. 

County of Essex. 



Liquor 



Assault. 



Commonwealth v. William Russell. S. J. C. 3furder. 

Commonwealth v. Caroline Cavanaugh. S. J. C. 
nuisance. Exceptions S. C. Exceptions overruled. 

Commonwealth v. William J. Hefferman. S. J. C. 
Exceptions S. C. Exceptions overruled. 

Commonwealth v. Charles S. Parker. S. .J. C. 
Exceptions S. C. Exceptions overruled. 

Commonwealth v. D. J. Lucy. S. J. C. 
Exceptions S. C. Exceptions overruled. 

Commonwealth v. Charles Conner. S. J. C. Violation of a 
municijxd ordinance. Exceptions S. C. Exceptions overruled. 

Commonw^ealth v. Edward Flahert}'. S. J. C. Keeping liquor 
ivith intent to sell. Exceptions S. C. Exceptions waived. 



Liquor nuisance. 
Liquor nuisance. 



County of Franklin. 
Commonwealth v. Rice E. Soper. S. J. C 



tions S. C. Exceptions overruled. 
Commonwealth v. Walter Curtis. 



Perjury. Excep- 
Murder. Not 3'et tried. 



County of Hampden. 

Commonwealth v. John Kemmler. S. J. C. Murder. Defend- 
ant still in Worcester Hospital. 

Commonwealth v. Dwight Kidder. S. J. C. Murder. Defend- 
ant convicted of manslaughter, and sentenced to the State Prison 
for twenty jears. 

Commonwealth v. Turpin Jenks. S. J. C. Murder. Defendant 
convicted of manslaughter, and sentenced to State Prison for six 
years. 

Commonwealth v. Joseph B. Loomis. S. J. C. Murder. De- 
fendant convicted, and sentenced to be hung. 

Commonwealth v. Alfred R. Barker. Jail breach. Exceptions 
S. C. Exceptions overruled. 

Commonwealth v. Napoleon Auberton. S. J. C. Violation of 
screen law. Exceptions S. C. Exceptions overruled. 



16 ATTOKNEY-GENERAL'S REPORT. [Jan. 

Commonwealth v. Edward Donahue. S. J. C. Violation of 
screen law. Exceptions S. C. Exceptions overruled. 

Commonwealth v. James Graney. S. J. C. Larceny. Excep- 
tions S. C. Exceptions waived. 

Commonwealth v. Montraville Ackert. S. J. C. Burning a 
building to defraud an insurance company. Exceptions S. C. Ex- 
ceptions overruled. 

County of Hampshire. 

Commonwealth v. Benjamin Eastman. S. J. C. Murder. De- 
fendant still in Worcester Hospital. 

Commonwealth v. Francis A. Beals. S. J. C. Assaxdt. Ex- 
ceptions 8. C. Exceptions overruled. 

Commonwealth v. Susan E. Hopkins. S. J. C. Disorderly 
house. Exceptions S. C. P^xceptions overruled. 

Commonwealth v. Owen F. McMahon. S. J. C. Keeping liquor 
with intent to sell. Exceptions S. C. Exceptions overruled. 

Commonwealth v. Orville M. Braile}'. S. J. C. Burning a build- 
ing in the night time. Exceptions S. C. Argued, but not de- 
cided. 

County of Middlesex. 

Commonwealth v. Joseph Sullivan. S. J. C. Murder. Defend- 
ant still in Taunton Lunatic Hospital. 

Commonwealth v. Mortimer Johnson and Sarah A. Johnson. 
S. J. C. Murder. Defendant, Mortimer Johnson, escaped from 
prison, and is still at large. Sarah A. Johnson released on her 
own recognizance. 

Commonwealth v. Nathan P. Pratt. S. J. C. Embezzlement. 
Exceptions S. C. Exceptions sustained. 

Commonwealth v. Joseph B. Andrews. S. J. C. Conspiracy. 
Exceptions S. C. Exceptions overruled. 

Commonwealth v. William B. Washburn. S. J. C. Liquor 
nuisance. Exceptions S. C. Exceptions waived. 

Commonwealth v. William O'Hearn. S. J. C. Illegal sale of 
intoxicating liquor. Exceptions S. C. Exceptions overruled. 

Commonwealth v. James F. Stratton. S. J. C. Illegal transpor- 
tation of liquor. Exceptions S. C. Exceptions waived. 

Commonwealth v. Ann Gormle3\ S. J. C. Illegal sale of liquor. 
Exceptions S. C. Exceptions overruled. 

Commonwealth v. Warren K. Snow. S. J. C. Illegal Jceeping 
of liquor ivith intent to sell. Exceptions S. C. Exceptions over- 
ruled. 

Commonwealth v. Peter Barnacle. S. J. C. Manslaughter. 
Exceptions S. C. Exceptions sustained. 



1883.] 



PUBLIC DOCUMENT — No. 12. 



17 



Liquor nuisance. 

Liquor nuisance. 

Writ of Error. 



Commonwealth v. Thomas Slamin. S. J. C. 
Exceptions S. C. Defendant defaulted. 

Commonwealth v. Owen Rafferty. S. J. C. 
Exceptions S. C, Exceptions overruled. 

Antonio Joan v. Commonwealth. S. J. C. 
Arson. Not yet heard. 

Commonwealth v. Elizabeth S. Fenno. S. J. C. Abortion. 
Exceptions S. C. Argued, but not decided. 

Commonwealth v. William H. Morse. S. J. C. Liquor yiuisance. 
Exceptions S. C. Exceptions waived. 



County of Norfolk. 

Commonwealth v. Dennis Carne}'. S. J. C. Murder. Defend- 
ant still in Stoughlon Almshouse. 

Commonwealth v. David Scannel. S. J. C. Murder. Defend- 
ant still in Taunton Hospital. 

Commonwealth v. James Gateh'. S.J. C. Murder. Acquitted 
b}' reason of insanity', and committed to Worcester Lunatic Hos- 
pital. 

Commonwealth v. James McKenney, cdias James Makenney. 
S. J. C. Murder. Convicted of murder in the second degree, and 
sentenced. 

Commonwealth v. Evan Jones. S.J. C. Violation of the screen 
laio. Exceptions S. C. Exceptions overruled. 

Commonwealth v. Edward J. Costello. S. J. C. Violation of 
the screen laiv. Exceptions S. C. Exceptions overruled. 

Commonwealth v. John Dail}-. S. J. C. Liquor nuisance. 
ICxceptions S. C. Argued, but not decided. 

Commonwealth v. Ellen Curran. S. J. C. Liquor nuisance. 
Exceptions S. C. Exceptions waived. 

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

Commonwealth v. Emorj' W. Shaw. S. J. C. Assaidt. Excep- 
tions S. C. Exceptions overruled. 



CouxTY OF Plymouth. 

Commonwealth v. Edward Moran. S. ,T. C. Drunkenness. 
Exceptions S. C. P^xceptions waived. 

Commonwealth v. Thomas F. Donohoe. S. J. C. Liquor nui- 
sance. Exceptions S. C. Exceptions overruled. 

Commonwealth r. Ann Morrison. S. J. C. Keeping liquor with 
intent to sell. Exceptions S. C. Argued, but not decided. 



18 ATTORNEY-GENERAL'S EEPORT. [Jan. 

County of Suffolk. 

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

Commonwealth v. Frank C. Pease. S. J. C. Murder. Con- 
victed of murder in the second degree, and sentenced. 

Commonwealth v. John Daly. S. J. C. Murder. Plea of 
murder in second degree accepted, and defendant sentenced. 

Commonwealth v. Michael O'Neil. S. J. C. Mtirder. Not 
yet tried. 

Commonwealth v. Louis K. Palmer. S. .J. C. Keeping an un- 
licensed dog. Exceptions S. C. Argued, hut not decided. 

Commonwealth v. John J. Doyle. S. .J. C. Keeping liquor with 
intent to sell. Exceptions S. C. Exceptions overruled. 

Commonwealth v. Sarah E. Howe. S. J. C. False pretences. 
Exceptions S. C. Exceptions overruled. 

Commonwealth v. Henrj' Taylor. S. J. C. Abortion. Excep- 
tions S. C. Exceptions overruled. 

Commonwealth v. Gardner A. Fuller and E. Frank Mosher. 
S. J. C. Conspiracy. Exceptions S. C. Exceptions overruled. 

Commonwealth v. William S. Woods and E. Frank Gillis. 
S. J. C. Larceny. Exceptions S. C. Defendants defaulted. 

George W. Meserve v. Commonwealth. S. J. C. Forgery. In 
error. Not 3'et heard. 

Commonwealth v. Catherine Rourke. S. J. C. Larceny. Ex- 
ceptions S. C. Exceptions waived. 

Commonwealth v. John F. Keating. S. J. C. Assault. Ex- 
ceptions S. C. Exceptions overruled. 

Commonwealth v. Joseph D. Th3nag. S. J. C. Concealing leased 
property. Exceptions S. C. Exceptions sustained. 

Commonwealth v. Rebecca Collier. S. J. C. Exceptions S. C. 
Illegal sale of liquor. Exceptions sustained. 

.Tames Fitzgerald, in error, v. Commonwealth. S. J. C. Attemjyt 
to extort money. Not yet heard. 

Commonwealth v. Joseph P. Whelan. S. J. C. Illegal sale of 
liquor. Exceptions S. C. Exceptions overruled. 

Commonwealth v. Annie Stearns. S. J. C. Disorderly house. 
Exceptions S. C. Not yet argued. 

Commonwealth v. Edward Bacon. S. J. C. Attempt to extort 
money. Exceptions S. C. Not yet argued. 

Commonwealth v. John Casey. S. J. C. Violation of the screen 
law. Exceptions S. C. Exceptions overruled. 

Commonwealth v. Bartholemew O'Brien. S. J. C. Illegal sale 
of liquor. Exceptions S. C. Exceptions overruled. 



1883.] PUBLIC DOCUMENT— No. 12. 19 

Commonwealth v. Patrick Gibbons. S. J. C. Violation of the 
screen law. Exceptions 8. C. Exceptions overruled. 

Commonwealth v. James J. Nott. S. J. C. Larceny. Excep- 
tions 8. C. Argued, l)ut not decided. 

Commonwealth v. James O. Young. 8. J. C. Violation of mu- 
nicipal ordinance. Exceptions 8. C. Argued, but not decided. 

Commonwealth v. Lillie Ismahl. 8. J. C. Disorderly house. 
Exceptions 8. C. Exceptions overruled. 

Commonwealth, by Board of Commissioners of Savings Banks, 
y. Emigrant Savings Bank. 8. J. C. Petition for injunction and 
winding vp of affairs. Injunction in force. 

Commonwealth, b}' Board of Commissioners of Savings Banks, 
V. North Bridgcwater Savings Bank. Same v. Mechanics Savings 
Bank. Same v. Sandwich Savings Bank. Same v. Barnstable 
Savings Bank. Same v. West Boston Savings Bank. Same v. 
Mercantile Savings Institution. Same v. Rockport Savings Bank. 
Same v. Lexington Savings Bank. Same v. Needham Savings 
Bank. Same v. Reading Savings Bank. Same v. Scituate Savings 
Bank. 8. J. C. Petitions for injunctions and ivinding up of 
affairs. Affairs in the hands of receivers. 

Commonwealth, b}' Board of Commissioners of Savings Banks, 
V. Hyannis Savings Bank. S. J. C. Petition for injunction and 
winding tip of affairs. Affair's wound up and receivers discharged. 

Commonwealth, by Board of Commissioners of Savings Banks, v. 
Eoxborough Savings Bank. 8. J. C. Petition for an injunction. 
Injunction dissolved and business resumed. 

Commonwealth, by Insurance Commissioner, v. New England 
Marine Insurance Company. Same v. Conway Mutual Fire Insur- 
ance Compan}'. 8. J. C. Petitions for inj mictions and icinding 
up of affairs. Affairs in hands of receivers. 

Commonwealth, by Insurance Commissioner, v. Alliance Insur- 
ance Company. S. J. C. Petition for injunction and icinding up 
of affairs. Information dismissed. 

Commonwealth, by Deput}' Insurance Commissioner, v. Exchange 
Insurance Company. Same v. Boston Insurance Company. Same 
V. Manufacturers' Insurance Compan}'. Same v. Howard Fire 
Insurance Company. Same v. Slioe and Leather Dealers' Insur- 
ance Company. Same v. Franklin Insurance Company. Same v. 
Washington Insurance Compan3\ Same v. Neptune Insurance 
Companv. 8. J. C. Petitions for injunctions and ivinding up of 
affairs. Affairs in the hands of receivers. 

Commonwealth, by Deputy Insurance Commissioner, i). National 
Insurance Compan}-. Same v. Suffolk Fire Insurance Company. 
Same v. Merchants' Insurance Compan}'. Same v. People's Fire 



20 ATTORNEY-GENERAL'S REPORT. [Jan. 

Insurance Company. S. J. C. Petitions for injunctions and wind- 
ing up of affairs. Affairs wound up and receivers discharged. 

Attorney-General, ex rel. Treasurer, v. South Pewabic Copper 
Company. Same v. Winthrop Manufacturing Company. Same v. 
United States Manufacturing Company-. Same v. Canadian Stop 
Motion Company. Same v. American Furniture Company. Same 
V. Springfield and Newburyport Co-operative Mining Compan3\ 
Same v. United States Electric Light Company. Same v. Peet 
Moulding Machine Company-. Same v. Drake Gas-Light Company. 
Same v. Estes Plough Company. Same v. American Consolidated 
Fire-Extinguisher Company. S. J. C. Informations for taxes. 
Perpetual injunctions issued. 

Attorney-General, ex rel. Treasurer, v. American Street Light 
Reflector Compan}'. S. J. C. Information for taxes. Interlocu- 
tory injunction issued. 

Attorne3^-General, ex rel. Treasurer, v. Marginal Freight Rail- 
road Company. S. J. C. Information for taxes. Information 
dismissed. 

Attorney-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 Company. 
Same v. Revere Brick Company. S. J. C. Informations for not 
making returns. Perpetual injunctions issued. 

Attorney-General, ex rel. Treasurer v. Cambridge Brick Com- 
pany. Same v. Good3^ear Rubber Company. Same v. Black River 
Mining Compau}'. Same v. Haverhill Lime Company. Same v. 
American Railway' Frog Companj'. Same v. Ashburnham Reser- 
voir. Same v. Farmers' and Mechanics' Co-operative Association. 
S. J. C. Informations for not making returns. Perpetual injunc- 
tions issued. 

Attorney-General, ex rel. Treasurer v. American Machine Com- 
pany. S. J. C. Information for not making returns. Not yet 
heard. 

Commonwealth, b}'^ Tax Commissioner, v. Superior Mining Com- 
pany. Same v. Plymouth Gold Mining Company. Same v. Silver 
Ledge Mining Compan3\ Same v. Incas Mining Compan}'. Same 
V. Malachite Mining Company. S. J. C. Informations for not 
making returns. Perpetual injunctions issued. 

Commonwealth, by Tax Commissioner, v. Rockland Mining Corn- 
pan}'. S. J. C. Information for not making returns. Interlocu- 
tor}' injunction issued. 

Commonwealth, b}^ Tax Commissioner, v. Harris Gold Mining 



1883.] PUBLIC DOCUMENT — No. 12. 21 

Company. S. J. C. Information for not making returns. Infor- 
mation dismissed. 

Commonwealth, by Tax Commissioner, v. Canada Mining Com- 
pany. Same v. Petherick Mining Corapan}'. S. J. C. Informa- 
tions for not making returns. Not 3'et heard. 

Attorney-G-eneral , ex rel. Treasurer v. Baker Water Motor Com- 
pany. Same v. Nantasket Steamboat Company. Same v. West 
India Importing and Manufacturing Company. Same v. Lawrence 
Worsted Mills. Same v. Benson Patent Manufacturing Company. 
S. J. C. Informations for taxes. Not yet heard. 

Commonwealth, by information of the Treasurer v. Inhabitants 
of Cheshire. S.J. C. Statutory proceeding for collection of a State 
tax. Tax paid and information dismissed. 

Attorney-General, ex rel. Tax Commissioner, v. Berkshire Paper 
Compan}'. Same i'. Cape Ann Granite Company. Same v. Loring 
Paper and Twine Company. Same v. Boston Chair Seating Com- 
pan}^ S. J. C. Informations for not making returns. Returns 
made and informations dismissed. 

Attorney-General, ex rel. Commissioner of Corporations v. Bos 
ton and Sandwich Boot and Shoe Company. Same v. Falmouth 
Wharf Company. S. J. C. Informations for not making returns. 
Not yet heard. 

Attorney-General, ex rel. Treasurer v. Huston's Ships Berth Com- 
pany. Same v. National Carburetta Company. Same v. Star 
Newspaper Company. Same v. Boston and Breckenridge Smelting 
Company. Same v. London Needle Company. Same v. Loring 
Paper and Twine Company. Same v. Manhattan Life Insurance 
Compan}^ Same v. Massasoit Paclving Company. Same v. Mas- 
sachusetts Central Railroad. S. J. C. Informations for taxes. 
Taxes paid and informations dismissed. 

Attorney-General v. Boston Marquetry Flooring Company. 
Same v. Eagle Odorless Apparatus Company of Boston and Phila- 
delphia. Same v. Fairbanks Co-operative Medical Company. Same 
V. Sagamore Gas Light and Heating Company. Same v. Rotary 
Heel Manufacturing Company. Same v. Southfield Shoe Lace 
Company. S. .J. C. Informations for taxes. Injunctions and 
executions issued. 

Attorney-General, ex rel. Treasurer, v. Tenexine Company. 
S. J. C. Information for tax. Injunction issued. Tax collected 
on execution. 

Commonwealth v. The Boston and Albany Railroad Company. 
S. C. Contract. Settled under authority of Resolve of 1881, 
c. 58. 

Commonwealth v. The Boston and Albany Railroad Company. 



22 ATTORNEY-GENERAL'S REPORT. [Jan. 

Bill in equity for specific performance. S. J. C. Settled under 
authority of Resolve of 1881, c. 58. 

James Schouler, Administrator, Petitioner for instructions. S. 
J. C. Escheat. Argued but not decided. 

Charles P. Brooks, Petitioner. S. C. Claim for luork done on 
the State House. Entered neither party, 

Connecticut Mutual Life Insurance Company v. Daniel A. 
Gleasou, Treasurer et al. S. J. C. Petition to compel repayment 
of a tax. S. J. C. Petition dismissed. 

New York Life Insurance Company v. Daniel A. Gleason et al. 
S. J. C. Petition to compel repayment of a tax. Petition dismissed. 

Society for Promoting Theological Education v. The Attorney- 
General. S. J. C. Bill for instructions on the administration of a 
trust. Pending. 

Eugene B. Hinckle}' v. Susan B. Thatcher et al. S. J. C. Bill 
in equity for construction of a tvill. Pending. 

Attorney-General v. Proprietors of Rowe's Wharf. Information 
for an injunction. S. J. C. Not yet heard. 

Boston Society of New Jerusalem v. James Young et al. S. J. 
C. Charitable Trust. Bill to obtain instructions. Pending. 

Charles H. Gould, Treasurer of Danvers Lunatic Hospital y. 
Inhabitants of Marlborough. S. C. Contract. 

In re William J. R. Evans et al. S. .J. C. Petition to sell real 
estate. Not yet heard. 

Francis J. Stratton et al. v. Attorney-General. S. J. C. Charita- 
ble Tnist. 

Albert F. Bacon et al. v. Chandler B. Ransom et al. S. J. C. 
Charitabk Trust. Not yet heard. 

Commonwealth v. A. J. Bartholemew et al. S. C. Stiit against 
the officers of a corporation for the ■penalty incurred for not making 
returns. Not yet tried. 

Commonwealth v. Edward Mahon et al. S. C. Same cause. 
Not yet tried. 

Commonwealth v. J. O. Wetherbee et al. S. C. Same cause 
Not yet tried. 

David Pulsifer v. Commonwealth. S. C. Contract. Judgment 
for defendant. 

County of Worcester. 

Commonwealth v. Edward Rj-an. S. J. C. Murder. Excep- 
tions. S. J. C. Argued, but not yet decided. 

Commonwealth v. George H. Richardson. S. J. C. Murder. 
Defendant convicted of murder in the second degree, and sentenced. 



1883. J PUBLIC DOCUMENT — No. 12. 23 

Commonwealth v. Joseph St. John. S. J. C. Murder. De- 
fendant convicted of murder in the second degree, and sentenced. 

Commonwealth v. Franklin E. Barnes and Sylvester A. Stock- 
well. S. J. C. Conspiracy. Exceptions S. C. Exceptions 
sustained. 

Commonwealth v. Benjamin H. Franklin. S. J. C. Obstruct- 
ing a highway. Exceptions S. C. Exceptions sustained. 

Commonwealth v. WiUiam Kinsle}^ S. J. C. Keeping an un- 
licensed pool table. Exceptions S. C. Exceptions overruled. 

Commonwealth, by Insurance Commissioner, v. The Lancaster 
Savings Bank. Petition for an injunction and winding up of 
affairs. Affairs in the hands of receivers. 

United States Circuit Court. 

William F. Graham v. Boston, Hartford & Erie Railroad et al. 
Argued on demurrer. Demurrer sustained. 



24 ATTORNEY-GENERAL'S REPORT. [Jau. 



CASES 

Requiring the Attorney- GeneraV s Official Siipervision during the 
Year ending Jan. 17., 1883, though not conducted or argued by 
him. 



County of Plymouth. 

Attorney -General, ex rel. v. County Commissioners. S. J. C. 
Building bridge over Green Harbor River. Argued, but not 
decided. 

Attorney-General, ex rel. v. Charles G. Davis et at. 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. 
Petition dismissed. 

Attorney-General, ex rel. v. Edward N. Perkins et al. v. Jamaica 
Pond Aqueduct Company. S. J. C. Argued on demurrer. 
Demurrer overruled. 

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

Commonwealth ex rel. v. Frank Morrison ei aL S. J. C. Infor- 
mation in the nature of a quo ivarranto. Information dismissed. 

Commonwealth ex rel. v. Hiram P. Harriman. S. J. C. Infor- 
mation in the nature of a, quo ivarranto to try title to an office. 

Commonwealth v. Boston & Maine Railroad. 8. J. C. Action 
for negligence of a common carrier. Nolle prosequi entered. 

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

Attornej'-General ex rel. v. Eastern Railroad. S. J. C Infor- 
mation to enjoin the railroad against abandoning a station. 
Reserved for the full court. 

County of Middlesex. 
Attorney-General, ex rel. Mott v. Selectmen of Arlington. S. 
J. C. Obstruction of a highway. Pending. 



1883.] PUBLIC DOCUMENT — No. 12. 25 

Commonwealth v. Boston & Lowell Railroad. S. J. C. P^xcep- 
tious 8. C. Indictment of common carrier for negligence. Defend- 
ant's exceptions overruled. 

County of Franklin. 

Attorne}' -General, ex rel. v. William B. "Washburn et al. S. J. 
C. Bill in equity to enforce a charitable trust. Reserved for the 
full court. 

County of Wokcesteu. 

Commonwealth v. Jesse J. Coburn. S. J. C. Tndictment of a 
common carrier for negligence. Exceptions S. C. Defendant's 
exceptions overruled. 

County of Dukes County. 

Attorney-General, e.T reZ. -y. Lorenzo Smith. S. J. C. Informa- 
tion in the nature of a quo warranto. Information dismissed. 



26 ATTORNEY-GENERAL'S REPORT. [Jan. 



STATEMEJSTT 

Concerning Insane Prisoners, indicted for Murder. 



David Scannell, committed to the hospital in Taunton, Febru- 
ary, 1872, is still there, and continues insane. 

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

Joseph Sullivan, committed to the hospital at Taunton, and 
continues insane. 

Charline Clark Williams Uilmore Daniels, committed to the 
hospital at Taunton, in June, 1881, and her condition remains 
unchanged. 

Charles F. Freeman, committed to the hospital at Dauvers, in 
May, 1880, shows some mental improvement, but " he is not un- 
likel}' again to become insane if placed in unfavorable conditions." 
The superintendent does " not think the risk of relapse greater in 
his case, however, than in the cases of very many patients who are 
discharged from the hospital, and had he been placed through 
ordinary form of commitment, previous to an}' act of violence, 
would not hesitate to recommend his discharge." 

John Kemmler, committed to the Hospital at Worcester, in 
February, 1880, is still there ; " has been for several months very 
clear, and quite bright mentally, and has had no epileptic attacks " 
for nearly a j'ear, so far as known. 

Benjamin Eastman, committed to Woi-cester Hospital, Dec. 8, 
1880, is "demented, frequently noisy, and very filthy in his 
habits." 

Charles F. Williams, committed to the hospital at Worcester, 
May 24, 1881, has shown no evidence of insanity since the last 
report. 

James Gately, acquitted b}" reason of insanity, and committed 
to AVorcester Hospital, May 17, 1882, "is full of delusions." 

James P. Mulcahey, committed to the Hospital at Worcester, 
Feb. 9, 1878, is still insane and dangerous. 



1883.] PUBLIC DOCUMENT — No. 12. 27 



Know all Men by These Presents, That 

Whereas, by an agreement between the Boston & Albany 
Railroad Company and the New York & New England Rail- 
road Company, made on the fifteenth day of Jnly, A. D. 
1880, and recorded with Suffolk Deeds, Lib. 1568, Fol. 45, 
to which reference nniy be had as if fully recited herein, 
said Boston & Albany Railroad Company agreed, upon and 
after a full performance by said New York & New England 
Railroad Company of each and all of its agreements thereby 
made, to release to it all the right, title and interest which 
said Boston & Albany Railroad Company had or could have, 
under and by virtue of any agreements theretofore made by 
it with the Commonwealth of Massachusetts, in or to any 
lands or flats in that part of Boston called South Boston, in 
said Commonwealth of Massachusetts, which said Common- 
wealth had theretofore agreed to convey to it, subject to all 
the terms, provisions and conditions of each and all of said 
agreements ; and that said New York & New Enghmd Rail- 
road Company might act as the attorney of said Boston & 
Albany Railroad Company, and in its name and behalf en- 
force, defend or settle any legal right, chiim or liability of 
or against it under said agreements, or in regard to or in 
connection with said lauds or flats, except as therein ex- 
cepted, but only at the cost and expense of said New York 
& New England Railroad Company, and without increasing 
or creating any liability of said Boston & Albany Railroad 
Company ; 

And Whereas, said Commonwealth, acting by its Board 
of Harbor and Land Commissioners, with the approval of 
its Governor and Council, and to the satisfaction of said 
Board, of the one part, and said New York &, New Eng- 
land Railroad Company, and said Boston & Albany Railroad 
Company, acting l)y said New York & New England Rail- 
road Company as its attorney under the authority and 
power aforesaid, of the other part, have mutually agreed 



28 ATTOENEY-GENERAL'S EEPORT. [Jan. 

upon a full settlement, on the terms hereinafter set forth 
and agreed upon, of all matters, claims and demands 
asserted in the suit at la^' now pending in the Superior 
Court in and for the County of Suffolk, in said Common- 
wealth, or in the proceedings in equity now pending in the 
Supreme Judicial Court in and for said County of Suffolk, 
commenced against said Boston & Albany Railroad Company 
in pursuance of chapter fifty (50) of the Resolves passed 
by the General Court of said Commonwealth of Massachu- 
setts in the year eighteen hundred and eighty (1880), or 
arising under or by virtue of all or any of the stipulations, 
agreements or provisions contained or made in or by said 
agreements between said Boston & Albany Railroad Com- 
pany and said Commonwealth ; 

Now, THEN, IT IS HEREBY AGREED, OU this first day of 

August, in the year 1882, by and between said Common- 
wealth, party hereto of the first part, and said New York 
& New England Railroad Company, and said Boston & 
Albany Railroad Company acting as aforesaid, party hereto 
of the second part, as follows, namely : 

That the total sum or sums of money due or payable to 
said Commonwealth from said Boston & Albany Railroad 
Company, or from said New York & New England Rail- 
road Company, on account of any or all of said matters, 
claims or demands, or under all or any of said agreements, 
including all principal, interest, damages and liabilities of 
every name and nature, is the sum of one hundred thousand 
dollars, and no more, with interest at the rate of five per 
centum per'annum from the first day of May, in the year 
1882. 

And said New York & New England Railroad Company 
agrees with said Commonwealth, that said company will 

(I.) Before or at the expiration of ten (10) years from and 
after the said first day of May, A. D. 1882, pay to said 
Commonwealth said sum of $100,000, with interest from 
and after said first day of May at the rate of five per centum 
per annum, payable semi-annually on the first days of May 
and November in each year ; and will accept instead of, and 
as and for a conveyance of the land which said Common- 
wealth in and by said agreements agreed to convey to said 



1883.] PUBLIC DOCUMENT — No. 12. 29 

Boston & Albany Railroad Company, a conveyance in fee 
simple, free from all incumbrances except as hereinafter 
stated, of ail that parcel of land situated in said South Bos- 
ton, bounded and described as follows : 

Beginning at the southerly corner of said parcel, at the 
intersection of the south-westerly side-line of Congress 
Street as located and laid out by the Board of Street Com- 
missioners for the City of Boston, March 14, 1879, with the 
north-westerly side-line of " B " Street ; thence running north 
40° 59' 59'' east, along the north-westerly side-line of said 
"B" Street, seven hundred and ninety-one and fifty-seven 
one-hundredths (791y5JL) feet ; thence running north 30° 06' 
28" east, and bounded south-easterly by other land of the 
Commonwealth, one thousand five hundred and twenty- 
three and sixteen one-hundredths (1,523^^^) feet ; thence 
north 61° 01' 04" west, eight hundred and twenty-two 
and ninety-four one-hundredths (822^-%*^) feet; thence, on 
the arc of a curve of two thousand three hundred and 
seventy (2,370) feet radius, to which the said last-described 
line is tangent at its westerly end, one hundred and sixteen 
and seventy-three one-hundredths {116^^^^) feet, more or 
less, to the dividing line, wherever it may be, between the 
land hereby agreed to be conveyed and other land known as 
the 25-Acre Lot, heretofore agreed to be conveyed by the 
said Commonwealth of Massachusetts to the said New York 
& New England Railroad Company, in accordance with the 
provisions of chapter two hundred and sixty (260) of the 
Acts of the General Court of Massachusetts for the year 
1880. The course of a straight line which connects the ends 
of said last-described curved line is north 62° 25' 44" west, 
and its length is one hundred and sixteen and seventy-one 
one-hundredths (116^^^) feet, more or less. Thence con- 
tinuing south 30° 07' 50" west, along the said division line, 
and bounded north-westerly by the said 25-Acre Lot, one 
thousand and three hundred and seventeen and four-tenths 
( 1,317 j-4_) feet, more or less ; thence south 55° 48' 31" east, 
and bounded south-westerly l)y land of the Boston Wharf 
Company, seventy and ninety-six one-hundredths C^O^j^^-^) 
feet, more or less, to a point which is on a south-easterly 
extension of the straight boundary line on the south-westerly 



30 ATTORNEY-GENERAL'S REPORT. [Jan. 

side of the land hereinbefore referred to as to be conveyed 
in accordance with the terms of chapter 260 of the Acts 
of the General Court of Massachusetts for the year 1880, 
and is distant ninety-seven and fifty-seven one-hundredths 
(^^tVo) ^^^^ from a copper bolt in a stone bound on the 
said boundary line, and is also distant one thousand and 
ninety-three (1,093) feet from the intersection of said south- 
westerly boundary line of said 25-Acre Lot with the harbor 
line on the easterly side of Fort Point Channel, as defined by 
chapter thirty-five (35) of the Acts of the General Court of 
Massachusetts for the year 1840 ; thence south 30° 01' 35" 
west, and l)ounded north-westerly by land of the Boston 
Wharf Company and by Congress Street, eight hundred and 
eighteen and forty-five one-hundredths (818^^^^) feet to a 
point in the south-westerly side-line of Congress Street 
hereinbefore referred to ; thence south 49° 00' 01" east, 
along the south-westerly side-line of said Congress Street, 
and bounded south-westerly by land of the Boston Wharf 
Company and other land known as the 12-Acre Lot, hereto- 
fore agreed to be conveyed by the said Commonwealth of 
Massachusetts to the said New York & New England Rail- 
road Company, seven hundred and thirty-one and fifty-six 
one-hundredths (731^-^^^^) feet to the point of beginning, — 
containing by estimation 1,976,654 square feet, more or less. 
For a more particular description, reference may be had to 
the accompanying plan. Intending to include in the fore- 
going description all the land lying between, and bounded 
by, the exterior north-easterly line set forth in the accom- 
panying plan, the parcel of land known as the 25-Acre Lot 
described in chapter 260 of the Acts passed by the Gen- 
eral Court of said Commonwealth in the year 1880, land 
of the Boston Wharf Company, the parcel of land described 
in said chapter as "a parcel of land and flats containing 
twelve acres, more or less," " B" Street, so called, and a 
line running south 30° 06' 28" west, one thousand five 
hundred and twenty-eight and sixteen one-hundredths 
(l,528jLc^) feet from said exterior line to the point where 
said line intersects with the northerly line of "B" Street. 
All bearings or courses stated in the foregoing description, 
are to be referred to the meridian 71° 00' 54.883" west 
longfitude. 



1883.] PUBLIC DOCUMENT — No. 31. 31 

Said conveyance to be subject to any rights which the 
City of Boston may have acquired in Eastern Avenue or 
Congress Street, and to any obligations of the Common- 
wealth, under the agreements and indenture next herein- 
after mentioned, in relation thereto ; and to be subject to 
the rights as to the laying out of Northern Avenue, or of 
any drains or sewers on, over or in said parcel of land 
hereinbefore described, and said to contain by estimation 
1,976,654 square feet, more or less, which are reserved to 
said Commonwealth and to the City of Boston in and by 
agreements between said Commonwealth and said Boston 
& Albany Railroad Company, dated on the eighth day of 
December, A. D. 1869, and on the twenty-fourth day of 
June, A. D. 1873, or in and by an indenture of four parts 
between said Commonwealth of the tirst part, said Boston 
& Albau}' Railroad Company of the second part, the Boston 
Wharf Company of the third part, and said City of Boston 
of the fourth part, dated on said twenty-fourth day of June, 
1873, except so far as the rights so reserved to said Com- 
monwealth are modified by express provisions of this agree- 
ment ; and to be subject to any obligations of said Common- 
wealth, under said agreements and indenture, in relation to 
said parcel of land or any portion thereof. 

And said New York & New England Railroad Company 
further agrees with said Commonwealth, that said Company 
will 

(II.) Proceed forthwith to perform with all practicable 
despatch all the filling and other work which said Common- 
wealth is now entitled to have performed by said Boston & 
Albany Railroad Company upon or in relation to said parcel 
of land, which filling and other work is agreed by the parties 
hereto to be the following only and no more ; that is to say : 

(1) Fill with solid tilling, to the grade of sixteen feet 
above mean low water, the area on the accompanying plan 
within a line drawn from a to 6 to c to d to e to (/ to h 
to ^ to j to k to I to m to n to a, the place of beginning. 
If the filling of said area along said line, from I to m to n, 
shall not be done in such time and manner as to protect the 
filling of the adjoining territory by said Commonwealth, 
then the said New York & New England Railroad Company 



32 ATTORNEY-GENERAL'S REPORT. [Jan. 

shall, on demand, pay to said Commonwealth the actual cost 
of all material deposited by said Commonwealth on said 
adjoining territory, which may flow or form a slope upon 
said area along said line. The area bounded by and wnthin 
a line beginning at point e, thence to o, thence to jj, thence 
to g, thence to point e, the place of beginning, is for the 
present reserved for a dock : provided, that said company 
shall have the right, at any time within twenty-five (25) 
years from the date of this agreement, to fill said last- 
described area and build the sea-walls around said area so 
far as indicated on the accompanying plan, the work of fill- 
ing and of building the said wall to be done in such way as 
shall be approved by said Board of Harbor and Land Com- 
missioners ; but if said company does not within said twenty- 
five (25) years exercise said right of filling said last-described 
area, it shall be taken to have elected to have reserved the 
same for a dock. 

(2) Complete the wall on Pier Number four (4) as shown 
on the accompanying plan, in such way as shall be approved 
by said Board of Harbor and Land Commissioners. 

And said Commonwealth on its part agrees with said 
New York & New England Railroad Company, that said 
company shall be permitted to pay all or any part of said 
sum of $100,000 at any time within the period of ten years 
aforesaid, after ten (10) days' notice of its intention so to 
do, with the interest accrued on the part so paid up to the 
date of such payment ; and that, upon the payment to said 
Commonwealth by said New York & New England Rail- 
road Company, or by said Boston & Albany Railroad Com- 
pany, of the whole of said $100,000 with the interest accrued 
thereon, or upon the giving of such security therefor as said 
Commonwealth, by its officers or agents hereafter duly 
authorized so to do, shall accept as satisfactory, said Com- 
missioners not declaring that they have any authority so to 
accept, and upon the due performance of the filling and 
other work which said New York & New England Railroad 
Company is bound to do as aforesaid, and of all acts and 
things, other than filling or work or payment of money, 
which either of said Railroad Companies is bound to do, 
under the aforesaid agreements and indenture as modified 



1883.] PUBLIC DOCUMENT — No. 12. 33 

by these presents, prior to the conveyance of said parcel of 
land by said Commonwealth, said Commonwealth, under 
the aforesaid agreements and indenture as modified by these 
presents, will convey by a good and sufficient warranty deed 
to said Boston & Albany Railroad Company, or to such 
grantee or assignee as the said Boston & Albany Railroad 
Company shall in writing designate or appoint, or to said 
New York & New England Railroad Company, upon the due 
execution and delivery of the release which said Boston & 
Albany Railroad Company, by the agreement first herein 
referred to, agrees, as therein stated, to give to said New 
York & New England Railroad Company, all said parcel 
of land, and all the land which as aforesaid tbe said fore- 
going description is intended to include, free from and of 
all incumbrances except as aforesaid. 

And whereas Northern Avenue, so called, may be here- 
after so laid out over said parcel of land that, by reason of 
the provisions of the agreements or indenture next here- 
inafter mentioned, said Boston & Albany Railroad Companv 
or New York & New England Railroad Company may not 
be entitled to compensation therefor ; and whereas the cost, 
at the rates hereinafter specified, of the portions of said 
parcel which may be so taken for said Northern Avenue, 
is included in said sum of $100,000, and, in case of the 
laying out of said Northern Avenue without compensation 
for the reason aforesaid, ought not to be claimed or retained 
by said Commonwealth : 

Now, then, the said Commonwealth doth further agree 
that, if and when said Northern Avenue is or shall be so 
laid out, whether by said Commonwealth or by the City of 
Boston, under the provisions of the aforesaid agreements ot 
December 8, 1869, and June 24, 1873, or of the aforesaid 
indenture of June 24, 1873, over said parcel or any part 
thereof, provided, it is so laid out by said Commonwealth 
or said City of Boston in the due exercise of the rights 
reserved or given by said agreements or indenture, and in 
such manner and within such time, that said Common- 
wealth or City of Boston is not bound to make such com- 
pensation and does not incur any liability for laud damages 



34 ATTORNEY-GENEKAL'S REPORT. [Jan. 

for so doing, said Commonwealth will deduct from said 
$100,000, or credit on said $100,000, the amount of the 
cost, at the rate of fifty (50) cents per square foot, of all 
that portion of the land hereby agreed to be conveyed 
which shall be included within said Northern Avenue as so 
laid out, and which lies between the boundar}' line dividing 
said land from the 25-Acre Lot, so called, as said line is 
shown on the accompanying plan (described as S. 30° 07/ 
50'' W. 1,317.40 feet, more or less) and a line drawn 
parallel to, and distant seventy and seventy-eight one- 
hundredths (70^^^^^) feet south-easterly from, said boundary 
line, and of the cost, at the rate of twenty (20) cents per 
square foot, of any other portions of said l;md so included 
within said Northern Avenue, with interest at five (5) per 
centum per annum from and after the first day of May, 
1882, on said amount, or repay the same amount and in- 
terest, if already paid to it, to that one of said companies 
which shall have paid the same. And said Commonwealth 
on its part hereby releases to said Boston & Albany Rail- 
road Company and to said New York & New England 
Railroad Company, all right which it has by virtue of the 
aforesaid agreement of December 8, 1869, to lay out said 
Northern Avenue on or over said parcel of land or any 
part thereof, at any time after two years after the filling and 
other work, hereinbefore stipulated to be done, has been 
completed, and written notice thereof given to said Common- 
wealth . 

And in consideration of the premises, and of the sum of 
$330,000 heretofore paid by said Boston & Albany Railroad 
Company to said Commonwealth, said Commonwealth hereby 
releases and discharges said Boston & Albany Railroad Com- 
pany of and from all debts, claims, demands, liabilities or 
obligations to or for the payment or performance of money, 
damages, filling or other work, or any other matters or 
things arising under or by virtue of said agreements made 
by said Boston & Albany Railroad Company with said Com- 
monwealth, or by reason of any breach thereof, and accepts 
said New York & New England Railroad Company in the 
place of said Boston & Albany Railroad Company, with all 



1883.] PUBLIC DOCUMENT — No. 12. 35 

the rights and subject to all the liabilities which said Boston 
& Albany Railroad Company would have or be liable to 
under said agreements as moditied by these presents, except 
that said Commonwealth agrees not to make to said New 
York & New England Railroad Company the conveyance 
aforesaid, except upon and after the full performance by it 
of all its agreements made in and by said first herein 
mentioned agreement of July 15, 1880, or upon the written 
request or with the written consent thereto of said Boston 
& Albany Railroad Company ; and said Boston & Albany 
Railroad Company, acting as aforesaid by said New York 
& New England Railroad Company, doth hereby release, 
acquit, and discharge said Commonwealth of and from all 
claims and demands under said agreements for the convey- 
ance to it, the said company, of any land situated in said 
South Boston, except said parcel of land and except the land 
which as aforesaid said foregoing description is intended to 
include. 

And said Commonwealth and said Boston & Albany Rail- 
road Company, acting as aforesaid by said New York & 
New England Railroad Company, and said New York & 
New England Railroad Company for itself, mutually accept 
these presents as a full accord and satisfaction of all claims 
and demands arising under any previous agreements relative 
to the subject-matters aforesaid. 

In Testimony Whereof, on this first day of August, in 
the year 1882, the said Commonwealth of Massachusetts, 
acting by its Board of Harbor and Land Commissioners, hath 
caused its corporate seal to be hereto affixed, and these 
presents to be signed and delivered in its name and behalf, 
and the same to be approved by its Governor and Council ; 
and the said New York & New England Railroad Companj^, 
acting for itself, and as the attorney of the said Boston & 
Albany Railroad Company, by James H. Wilson, its presi- 
dent, thereunto duly authorized by vote of its directors, a 
copy of which vote is hereto annexed, hath hereunto set its 
corporate name and seal ; and the said Boston & Albany 
Railroad Company, by William Bliss, its president, there- 
unto duly authorized by vote of its directors, a copy of 



36 ATTORNEY-GENERAL'S REPORT. [Jan.'83 

which vote is hereto annexed, in token of its assent to the 
provisions of the foregoing agreement, huth hereunto set its 
corporate name and seal. 

Executed and delivered 
in presence of 



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