Report of the attorney general for the year ending ..

\'' j \ s

■■''J.'

PUBLIC DOCUMENT. No. 12.

ANNUAL REPORT

ATTORNEY-GENERAL

YEAR 1883.

BOSTON :

WRIGHT & POTTER PRINTING COMPANY, STATE PRINTERS,
18 Post Office Squarf,.
1884.

PUBLIC DOCUMENT. No. 12.

ANNUAL REPORT

].o^i^ :i. '- '

ATTORNEY-GENERAL

FOR THE

YEAR 1883

BOSTON :

WRIGHT & POTTER PRINTING COMPANY, STATE PRINTERS,
18 Post Office Square.
1884.

1

^^ommoixtaealt^ of SlassatJ^usetts.

Attorney-General's Department, Commonwealth Building,

Boston, January 16, 1884.

To Hon. George A. Marden,

Speaker of the House of Representatives.

Sir : — I have the honor to transmit to you my annual
report for the year ending this day.

I am, very respectfully,

Your obedient servant,
»

EDGAR J. SHERMAN.

Cnmmontoedtlr 0f Massatbitsrtts.

Attornuy-General's Department, Commonwealth Building,

Boston, January 16, 1884.

To the Honorable Speaker of the House of Bepresentatives :

I have the honor to submit to the general court the annual
report required of this department by Public Statutes, chap-
ter 17, section 9.

Soon after entering upon the duties of the office, January,
1883, I was required by the legislature to appear before
committees thereof.

It had seemed to me improper and in violation of the
Declaration of Rights, Article XXX, quoted below, for
the Attorney-General to appear before either branch of
the general court or a committee thereof, as a partisan or
as counsel for a client, and there favor or oppose any bill
or general policy of legislation.

'' In the government of the Connuonwealth, the legislative de-
partment shall never exercise the executive and judicial powers,
or either of tliein ; the executive shall never exercise the legis-
lative and judicial powers, or either of tbem ; the judicial shall
never exercise the legislative and executive powers, or either of
them ; to the end it may be a government of laws and not of
men."

I was of the opinion that it was rather his duty to give
aid and advice in the preparation of bills and his opinion
upon questions of law.

I was confirmed in this by reference to the legislative will
as expressed in Public Statutes, chapter 17, section 7, which
is as follows : —

6 ATTORNEY-GENERAL'S REPORT. [Jan.

" He shall, when required by either branch of the general court,
attend during its sessions, and give his aid and advice in the
arrangement and preparation of legislative documents and busi-
ness, and shall give his opinion upon questions of law submitted to
him b}^ either branch of the general court or b}' the governor and
council."

I made known to the committees, before whom I was
required to appear, these views, and the committees and
members of the legislature generally acquiesced in and ap-
proved the same, thereby making the duties agreeable to
me, and I trust beneficial and satisfactory to the legislature.

The propriety and constitutionality of a member of the
executive power interfering with the legislative were called
pointedly to the attention of the legislature and the public
generally by the appearance of the Governor as a public and
partisan prosecutor, before a committee charged with the
investigation of allejred mismanasrement in the almshouse at
Tewksbury, as previously preferred in the annual message
of His Excellency.

While perhaps there may be a difference in degree as to
the right of the Governor and Attorney-General to so appear,
and interfere with or attempt to control, the legislative will,
I think it will be generally conceded that wisdom and a safe
and sound policy are opposed to such interference by either.

The whole number of cases in the courts which have re-
quired the attention of this department is 157, and they are
thus classified : —

Indictments for murder, ....
Exceptions and report in criminal cases, .
Infoi'mation upon relation of public officers,
Information upon relation of private persons.
Miscellaneous,

Total,

20
54
39
8
36

157

I have attended to the disposition of the following cases
in the Supreme Judicial Court, in which the prisoners were

charged with the crime of murder.

1884.] PUBLIC DOCUMENT — No. 12. 7

In the County of Franklin.

An indictment against Walter Edwin Curtis for the mur-
der of Ciiarles Eugene Bigelow by shooting.

At the April term of said court, at Greenfield, before
Chief Justice Morton, the prisoner, under the advice of
his counsel, Samuel O. Lamb and Frederick L. Greene,
Esquires, offered to plead guilty to the crime of man-
slaughter.

The prisoner and Bigelow were young men and friends.
On the day of the homicide they had been gunning togethei'.
After their return, Curtis took the rifle, saying to Bigelow,
" Let me shoot your calf" (which was near by). Bigelow
replied, " No." " Then I will shoot you," said Curtis, at the
same time shooting Bigelow through the body and killing
him. Curtis claimed that he did not know the rifle was
loaded. It seemed to be a case of criminal carelessness,
and I accepted the plea of manslaughter, and the Chief Jus-
tice, after learning all the facts concerning the case, sen-
tenced Curtis to the State Prison for a period of five years.

In the County of Worcester.

An indictment against Edward Ryan, heretofore convicted
of murder in the first degree for killing his wife, Mary Jane
Ryan, by poisoning.

At the April term of the court at Worcester, the excep-
tions taken at the trial having been overruled, I moved for,
and Mr. Justice William Allen passed, the sentence of death
upon the prisoner.

Subsequently the Governor with the advice and consent
of the council commuted the sentence to one to the State
Prison for life.

In the County of Hampden.

Joseph B. Loomis, convicted December 8, 1882, of mur-
der in the first degree of David Leavitt, was executed,
March 8, 1883, in accordance with sentence, a writ of
error for delay in execution of sentence having been heard
and refused by Mr. Justice Charles Allen.

8 ATTORNEY-GENERAL'S REPORT. [Jan.

In the County of Barnstable.

The indictment against Charles F. Freeman of Sandwich
(Pocasset) for the murder of his young daughter while
laboring under intense religious excitement has been dis-
posed of.

He was tried December 5, 1883, at a special term of the
Supreme Judicial Court, held at Barnstable, the Chief
Justice and Mr. Justice Field, presiding.

'Hon. Alonzo W. Boardman and Charles A. Taber, Esq.,
acted as his counsel, and District Attorney Knowlton as-
sisted for the Commonwealth.

Dr. C. F. Folsom, Dr. J. P. Brown, superintendent of
the Lunatic Hospital at Taunton, Dr. J. H. Denny, Dr.
Peter Pineo, and Medical Examiner Munsell, experts on
insanity, all testified that they had no doubt that Freeman
was insane at the time of the homicide.

The jury returned a verdict of not guilty by reason of in-
sanity, which was anticipated by all who heard the evidence.

Freeman had been a man of temperate habits, of good
character, of kind and gentle disposition, and an affectionate
husband and loving father.

For some years he had been interested in religion, with
a feeling all the time that he was not faithful, and that he
was " falling from grace."

Some little time prior to May 1, 1879, the date of the
homicide, he had renewed his interest in religion, becom-
ing earnest and zealous. With his wife, who was in full
sympathy with him, he applied many " tests of faith," in
order to ascertain his worthiness to preach the Gospel. As
they were returning from an evening prayer-meeting, " the
heavens lighted up," as it seemed to them, which was re-
garded as a sign and forerunner of some new "test of
faith."

A great sacrifice, Freeman believed, was required ; it
might be of his wife, his children or himself. Had he the
faith to stand this new test, was the question he was revolv-
ing and considering.

He thought of how God tempted Abraham of old concern-
ing the slaying of his son. Could he, Freeman, give up his

1884.] PUBLIC DOCUMENT — No. 12. 9

daughters? Would God require it? Yes, that was intended
by the sign in the heavens. It must be the younger and
best beloved, darling little Edith, because she would be the
greater sacritice and offering. The wife read the twenty-sec-
ond chapter of Genesis, and the husband prayed that God
would give him faith and strength to offer the great sacrifice,
if required.

They retired to bed — but not to sleep — not to sleep be-
cause of the sign and required offering. Freeman arose,
dressed himself, brought the elder child to her mother's
bed, secured the knife, went to the bedroom of the younger,
and stood over the innocent sleeping child. It could not be
the good Lord would require so great a sacrifice. As he
laid bare the body and raised aloft the knife, he expected to
hear the angel of the Lord, saying, " Charles, Charles, lay
not thine hand upon the daughter, neither do thou anything
unto her, for now I know that thou fearest God, seeing thou
has not withheld thy daughter from me." Not hearing the
voice of the angel the fatal knife entered the heart of the
child, killing her instantly.

The father took the dead child in his arms and went
about the house, crying and praying. Finally becoming
exhausted, he went to bed and slept with her in his arms
until morning.

The neighbors sympathizmg with the religious excitement
of the time, were summoned to a meeting in the afternoon,
at Freeman's house, and when they, to the number of twenty
or thirty, were assembled, he preached a short sermon, tell-
ing of his ''temptation" and "trial of faith," and of the
slaying and sacrifice of little Edith ; after which he ex-
hibited the child with the wound near the heart, prophesy-
ing the resurrection of the body on the third day.

Could there be any doubt that such a man, so acting, was
insane? The ablest experts on insanity so testified, the jury
so found, the learned Judges who presided so believed, as
did all intelligent and unbiased citizens who witnessed the
trial, or became acquainted with the facts.

The court ordered Freeman committed to the State
Lunatic Hospital at Danvers for and during his natural life.
Freeman has since petitioned the Governor and Council,

10 ATTORNEY-GENERAL'S REPORT. [Jan.

alleging that he has entirely recovered — being now of sound
mind — that he is not dangerous to others, and praying for
his discharge from the hospital.

In the County of Hampshire.

An indictment against Marion Augustus Montgomery,
for murder of his son, George Clarence, four years old, by
shooting through the head with a pistol at Pelham, Decem-
ber 28, 1882.

The prisoner married Eva Marsh, seven years previously,
and had by her two children, Eva, six years old, and George
Clarence.

They had resided in Massachusetts and in Kansas, but had
returned to this State where they were living with the wife's
father and mother in 1882.

In the summer of that year, Montgomery's wife, without
justifiable cause, left her husband, taking the two children
with her, and went to the house of a relative in another town.
She left word, informing her husband, that she should never
live with him again, and that she had gone West. The
wife's parents joined in the deception concerning the wife's
location, and Montgomery started West in search of his wife
and children.

After some months absence in the Western States, he
learned that his ftimily had not left this Commonwealth.

Upon returning, he learned that his wife was talking of a
divorce, that she was receiving the attentions of another
man, and that his (Montgomery's) children were being
neglected and suffering.

He took a long walk to the house where they were living,
arriving after dark, and looking into the windows to verify
the reports. Subsequently he made arrangements to take
his children and send them to a brother in Kansas, but his
wife and her father objected, and threatened forcible resist-
ance. Mrs. Marsh urged Montgomery to give up the idea
of taking his children away, and advised him and his wife
to live together again, which he expressed a willingness to
do, but the wife hesitated, and postponed the decision un-
, til Christmas, when he was to return for a final answer.

While away in the interim, he brooded over his trouble —

1884.] PUBLIC DOCUMENT — No. 12. 11

the loss of his wife, children and home. He was heard to
remark "he would sooner bury his children than have them
come under the control of another father."

He took his pistol, obtained cartridges for it, purchased
Christmas presents for his wife and children, — a sled for
the little boy, — and went to visit them, arriving the Satur-
day before Christmas, which occurred on Monday.

The children were delighted with their presents and glad
to see their father. He occupied the same bed with his
children.

On Tuesday morning he was to go away, or stay, as his
wife determined. He was nervous and anxious, for although
she treated him civilly, yet there was a coldness in her rpan-
ner which foretold her ultimate decision.

He asked for and received her answer, in which she
declined to live with him again. He muttered, "Very well,
that is all I want to know," and rushed into the adjoining
room, where his little boy was playing on the sled, the
Christmas gift, and shot him through the head, killing him
instantly. Montgomery then returned and shot his little
girl through the neck, seriouslj^ wounding her, but not
fatally. He was then seized and bound, and prevented from
further violence ; after which he denied all knowledge of
having committed any act of violence towards his children.
The little boy was heard to say to another boy, as the father
pointed the pistol at him : " Wait until I kiss papa."

Montgomery was tried in the Supreme Judicial Court at
Northampton, December 11th, 12th and 13th, 1883, the
Honorable Charles Allen and Waldo Colburn, Justices, pre-
siding ; Hon. William G. Bassett and Timothy G. Spaulding,
Esq., acting as counsel for the prisoner, and District Attor-
ney Bond assisting for the Commonwealth.

The defence was insanity. The prisoner testified that he
loved his children ; that he never intended to harm them,
and that he had no knowledge nor memory of having injured
them. Drs. Pliny Earle, Austin W. Thompson and Edward
B. Nimms, all medical experts of high standing, testified
that taking the evidence of the prisoner as true, it was a
case of transitory mania, or frenzy, and that he was irre-.
sponsible at the time of the homicide.

12 ATTORNEY-GENERAL'S REPORT. [Jan.

The jury returned a verdict of murder in the second
degree, and the prisoner was sentenced to the State Prison
for and during his natural life.

In the County of Plymouth.

An indictment ao-ainst Asa B. Baker for the murder of
his wife, Mary J. Baker, July 29, 1883.

He was arraigned at the November terra of the court, and
pleaded not guilty. Hon. Joseph M. Day and Charles S.
Davis, Esq., were assigned as his counsel.

At the adjourned term, Deceihber 18, 1883, before Mr.
Justice William Allen, the prisoner offered to retract his
former plea and plead guilty to murder in the second degree.
I accepted that plea, and he was sentenced to the State
Prison for life.

The indictment against Michael O'Neil for the murder of
his wife, Hannah O'Neil, in Boston, in the county of Suffolk,
mentioned in the report of my predecessor, has been dis-
posed of by an entry of nolle prosequi, the prisoner having
been convicted and sentenced upon an indictment for man-
slaughter in the Superior Court.

The following indictments for murder are now pending :
One against James Barrett of Adams, in the county of
Berkshire, for the murder of Richard A. Savage by shoot-
ing, April 11, 1883 ; one against Richard Currie of Boston,
in the county of Suffolk, for the murder of his wife, Ellen
Currie, by shooting, Sept. 5, 1883 ; one against Kate Dono-
van and William Tebbets of Westhampton, in the county of
Hampshire, for the murder of a female bastard child ; one
against Mary Murphy of Holyoke, in the county of Hamp-
den, for the murder of James Murphy by drowning, June
22, 1883 ; and one against Rogers Amero for the murder of
Eliza Georgietta (Carlton, at Watertown, in the county of
Middlesex, March 18, 1883.

Rewards for Apprehending Offenders.

The offer of a reward in this Commonwealth, during the
past year, for the purpose of securing the arrest and convic-

1884.] PUBLIC DOCUMENT — No. 12. 13

tion of the person who committed a capital crime has worked
great mischief, causing a large expenditure of money and
misdirection of effort, if not utter failure in the detection of
the murderer.

I am convinced, after years of experience in the prosecu-
tion of criminals, and upon reflection and careful considera-
tion, that any *offer of reward for the apprehension of
offenders is a great hindrance to the arrest and conviction of
criminals, and a serious obstacle to public justice. I there-
fore recommend the repeal of section 12 of chapter 212 of
the Public Statutes.

I have been called upon during the year by the Governor,
and have performed the usual service required of the depart-
ment, in investigating and reporting upon requisitions for
the return of fugitives from justice.

I annex details of the work of the department, with
tables. Charles H. Barrows, Esq., of Springfield, appointed
Assistant Attorney-General August 1, 1881, voluntarily
resigned the ofiice February 1, 1883 ; and Harvey N. Shepard,
Esq., of Boston, was appointed, and continues his successor.
Both are entitled to, and have received, the commendation
of the department.

Respectfully submitted,

EDGAR J. SHERMAN,

Attorney- General.

14

ATTORNEY-GENERAL'S REPORT.

[Jan.

TABLE

Showing the Numher of Criminal Cases pending on Questions of
Law in the Supreme Judicial Court daring the Year ending
Jan. 16, 18S4, and the Disposition thereof by Counties.

Barnstable,
Berkshire,
Bristol, ,
Dukes, '.
Essex, .
Franklin,
Hampden,
Hampshire,
Middlesex,
Norfolk,
Plymouth,
Suflfolk, .
Worcester,
Totals,

2
4
7
2
4
1
4
1
9
2
3

10
5

54

■a 5

_

1

4

-

7

1
_ 1

2

-

4

-

4

-

3

-

1

-

■2 .

1

6

3

2

' 1

33

5

1884. J

PUBLIC DOCUMENT — No. 12.

15

T A B L E

Showing the Number and Character of Criminal Cases pending on
Questions of Law in the Supreme Judicial Court during the
Year ending Jan. 16, 1884, and the Disposition thereof.

£

to J3

0

bi)

e ^

B

■o

c

a s

■3 g

3

S

"S a) ^

^.^

3 .
X3 ■a

S

OFFENCES.

o.

•gS §

•6 3

ca

«Q

s a

•S a

^

m

a a

■3 a

§1 'S

+j

02

o

V 0

0

U

O

Q U

<

^

Abortion,

2

Adultery,

-

-

-

Arson,

_

_

_

Assault,

_

1

_

Attempt to extort money.

-

-

-

Breaking and entering,

_

_

_

Burning a building in night time.

1

_

_

1

_

Bribery, ... . .

1

_

_

_

Conspiracy, . . . . -.

1

-

_

_

Conveying incumbered real estate.

-

_ .

_

1

Embezzlement

_

_

_

1

Forgery, . .

_

_

_

1

Illegal fishing.

-

-

1

Keeping unlicensed dog, , .

1

- '

-

-

Larceny, ......

4

1

2

1

-

Libel,

2

2

_

1

_

Liquor, illegal keeping of, .

10

7

1

13

1

Liquor, illegal sale of, ....

5

1

-

2

2

Liquor nuisance,

5

.5

_

-

-

Murder,

1

_

_

_

Neglect to support minor child, .

-

-

1

-

Nuisance, ......

2

—

_

-

Obtaining money by trick at cards,

1

_

_

_

Obstruction of street, ....

-

1

_

_

Receiving stolen property, .

1

-

_

_

Selling adulterated milk.

1

_

_

_

Soliciting another to burn a barn,

_

_

1

_

Violation of municipal ordinance.

-

1

-

-

Totals,

54

33

5

9

7

16 ATTORNEY-GENERAL'S REPORT. [Jan.

CASES

Argued and conducted hy the Attorney- General., during the
Year ending Jan. 16, 18S4.

County of Barnstable.

Commonwealth v. Charles F. Freeman. S. J. C. Murder.
Verdict, not guilty by reason of insanity. Defendant committed
to Lunatic Hospital at Danvers,

Cornmonwealth v. Charles H. Manimon. S. J. C. Unlcmfidly
digging oysters. Exceptions S. C. Not yet argued.

Commonwealth v. Sarah Eyan. S. J. C. Illegal sale and keep-
ing of intoxicating liquors. Exceptions S. C. Not yet argued.

County of Berkshire.

Commonwealth v. James Barrett. S. J. C. Murder. Pending.

Commonwealth v. Intoxicating Liquors. S. J. C. Exceptions
S. C. Exceptions overruled.

Commonwealth v. Maurice Murray. S. J. C. Bribery. Excep-
tions S. C. Exceptions overruled.

Commonwealth v. Cornelia A. Rogers. S. J. C. Illegal keeping
of intoxicating liquors. Exceptions S. C. Exceptions overruled.

Commonwealth v. Robert H. Nefus, Jr. S. J. C. Adultery.
Exceptions S. C. Exceptions overruled.

County of Bristol.

Commonwealth v. John F. Nichols and Almon Ingalls. S. J. C.
Conspiracy. Exceptions S. C. P^xceptions overruled.

Commonwealth v. Louis Peto. S. J. C. Illegal keejnng of in-
toxicating liquors. Exceptions S. C. Exceptions overruled.

Commonwealth v. Patrick H. Sullivan. S. J. C. Receiving
stolen property. Exceptions S. C. Exceptions overruled.

Commonwealth v. Martin Kennedy and Martin Kenned\', Jr.
S. J. C. Assaidt. Exceptions S. C. Exceptions overruled.

1884.] PUBLIC DOCUMENT — No. 12. 17

Commonwealth v. Edward McDonald. S. J. C. Illegal keeping
of intoxicating liquors. Exceptions S. C. Exceptions overruled.

Commonwealth v. Edward Fitzgibbons. S. J. C. Liquor nui-
sance. Exceptions S. C. Exceptions overruled.

Commonwealth v. William Mason. S. J. C. Liquor nuisance.
Exceptions S. C. Exceptions overruled.

County of Dukes County.

Commonwealth v. William J. Mosher. S. J. C. Liquor nui'
sance. Exceptions S. C. Exceptions overruled.

Commonwealth v. Intoxicating liquors. S. J. C. Exceptions
S. C. Exceptions overruled.

County of Essex.

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

Commonwealth -u. WilHam D. Corkin. S.J. C. Abortion. Ex-
ceptions S. C. Exceptions overruled.

Commonwealth v. Benjamin F. Brown, Jr. S. J. C. Illegal
keeping of intoxicating liquors. Exceptions S. C. Exceptions
overruled.

Commonwealth v. Joseph Gayette. S. J. C. Assault loith pistol.
Exceptions S. C. Defendant defaulted.

Commonwealth v. Robin Damon. S. J. C. Libel. Excep-
tions S. C. Exceptions overruled.

Charles H. Gould, treasurer Dan vers Hospital v. Ira Morgan
and C. H. Morgan. S. C. Contract for keeping of jMtient. Sum
claimed collected and paid to plaintiff.

County of Franklin.

Commonwealth v. Walter Edwin Curtis. S. J. C. Murder.
Plea of manslaughter accepted and defendant sentenced to the
State Prison for five 3'ears.

Commonwealth v. Erastus W. Brayman. S. J. C. Conveying
incumbered real estate. Exceptions S. C. Not 3'et argued.

In re Co-operative Furniture Company of Orange. S. J. C.
Petition for dissolution of corporation. Not yet heard.

In re Greenfield Tool Company of Greenfield. Insolvency
Court. Claim proved in the name of Daniel A. Gleason, treas-
urer, for taxes ($83.73).

18 ATTORNEY-GENERAL'S REPORT. [Jan.

County of Hampden,

Commonwealth v. James B. Loomis. S. J. C. Murder. De-
fendant convicted of murder in the first degree and executed.

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

Commonwealth v. Mary Murphy. S. J. C. Murder. Not yet
tried .

Commonwealth v. Henrj' C. Nash. S. J. C. Illegal sale of
intoxicating liquors. Exceptions S. C. Exceptions overruled.

Commonwealth v. John Kennedy. S. J. C. Larceny. Excep-
tions S. C. Exceptions overruled.

Commonwealth v. James Moriarty. S. J. C. Breaking and
entering in night time. Exceptions S. C. Exceptions overruled.

CoDNTY OF Hampshire.

Commonwealth v. Marion Augustus Montgomery. S. J. C.
Murder. Convicted of murder in second degree and sentenced to
State Prison for life.

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

Commonwealth v. Kate Donovan and William Tebbets. S. J. C
Murder. Not yet tried.

Commonwealth v. Orville M. Brailey. S. J. C. Burning a,
building in the night time. Exceptions S. C. Argued, but not
decided.

County of Middlesex.

Commonwealth v. Rogers Amero. S. J. C. Murder. Pend-
ing.

Commonwealth v. Joseph Sullivan. S. J. C. Murder. Defend_
ant in Taunton Lunatic Hospital.

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

Antonio Joan v. Commonwealth. S. J. C. Writ of Error.
Arson. Exceptions overruled and judgment affirmed.

Commonwealths. Elizabeth S. Fenno. S.J. C. Abortion. Ex-
ceptions S. C. Exceptions overruled.

Commonwealth v. Burkner F. Burlington. S. J. C. Af^/(c
to support minor child. Exceptions S. C. Argued, but not
decided.

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

1884.] PUBLIC DOCUMENT — No. 12. 19

Commonwealth v. Thomas G. Merriam. S. J. C. Illegal sale of
intoxicating liquors. Exceptions S. C. Argued, but not decided.

John L. Atkins v. Commonwealth. S. J. C. Appeal. Illegal
keeping of intoxicating liquors. Argued, but not decided.

Commonwealth v. Thomas Salmon. S. J. C. Illegal keeping of
intoxicating liquors. Exceptions S. C. Argued, but not decided.

Commonwealth v. James Raffert} . S. J. C. Assault. Excep-
tions S. C. Exceptions waived.

Commonwealth v. Timoth}' F. Buckley. S. J. C. Illegal keep-
ing of intoxicating liquors. Exceptions S. C. Argued, but not
decided.

Leander A. Persons and John Whitely, Deacons of United Societ}'
of Protestant Christians v. Attorney-General. S. J. C. Construc-
tion of a trust. Not yet heard.

County of Norfolk,

Commonwealth y. De'nnis Carney. S; J. C. Murder. Defend-
ant in Stoughton Almshouse.

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

Commonwealth v. William J. Hughes. S. J. C. Liquor nui-
sance. Exceptions S. C. Exceptions waived.

In re John F. Meara. S. J. C. Petition for writ of habeas
corpus. Petition dismissed.

County of Plymouth.

Commonwealth v. Asa B. Baker. S. J. C. Murder. Plea of
murder in the second degree accepted and defendant sentenced to
State Prison for life.

C'ommonwealth v. Ann Morrison. 8. J. C. Illegal keeping of
intoxicating liquors. Exceptions S. C. Exceptions overruled.

Commonwealth v. George Churchill and Nathaniel H. Whitte-
more. S. J. C. Illegal keeping of intoxicating liquors. Excep-
tions S. C. Exceptions sustained.

Commonwealth v. Matthew G. Smith. S. J. C. Liquor nui-
sance. Exceptions S. C. Exceptions overruled.

County of Suffolk.

Commonwealth v. Richard Curry. S. J. C. Murder. Pend-
ing.

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

Commonwealth v. Michael O'Neil. S. J. C. Murder. Plea

20 ATTORNEY-GENERAL'S REPORT. [Jan.

of manslaughter accepted iu the Superior Court, defendant sen-
tenced and this indictment not. pros'd.

Commonwealth v. Louis K. Palmer. S. J. C. Keeping unlicensed
dog. Exceptions S. C. Exceptions overruled.

Commonwealth v. James J. Nutt. S. J. C. Larceny. Excep-
tions S. C. Exceptions sustained.

Commonwealth v. James O. Young. S. J. C. Violation of
municipal ordinance. Exceptions 8. C. Exceptions sustained.

James Fitzgerald in error v. Commonwealth. S. J. C. Obtain-
ing moyiey by trick at cards. Judgment affirmed.

Commonwealth v. Annie Stearns. S. J. C. Disorderly Jiouse.
Exceptions S. C. Exceptions waived.

Commonwealth v. Edmund Bacon. S. J. C. Attempt to extort
money. Exceptions S. C. Exceptions overruled.

George W. Meserve iu error v. Commonwealth. S. J. C.
Forgery. Not yet heard.

Commonwealth v. John E. Fisher. S. J. C. Adulterated milk.
Exceptions S. C. Exceptions waived.

Commonwealth v. John W. Jones, et cd. S. J. C. Larceny.
Exceptions S. C. Exceptions sustained.

Commonwealth v. George A. Rogers. S. J. C. Assaidt and
Battery. Exceptions S. C. Exceptions overruled.

James Schouler, Administrator. Petitioner for instructions.
S. J. C. Escheat. Decree for respondent, John J. Williams
et al.

Eugene B. Hinckley v. Susan B. Thatcher et al. S. J. C.
Bill in equity for construction of a will. Argued, but not decided.

Francis J. Stratton et al. v. Attorne3"-General. S.J. C. Char-
itable trust. Pending.

Li re William J. R. Evans et al. S. J. C. Petition to sell real
estate. Petition granted.

Charles H. Gould, treasurer of Danvers Lunatic Hospital v.
Inhabitants of Marlborough. S. C. Contract. Judgment obtained
and paid.

Boston Society of New Jerusalem v. James Young et al. S. J. C.
Charitable trust. Decree for petitioner.

Commonwealth v. A. J. Bartholemew et cd. S. C. Suit against
corporation officers for penalty for not making returns. Judgment
obtained and settled.

Commonwealth v. Edward Mahon et al. S. C. Same cause.
Judgment obtained and settled.

Commonwealth v. J. 0. Wetherbee et cd. S. C. Same cause.
Not yet tried.

Commonwealth b}' Board of Commissioners of Savings. Banks

1884.] PUBLIC DOCUMENT — No. 12. 21

V. North Briclgewater 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. Needbam Savings
Bank. Same v. Reading Savings Bank. Same v. Scituate Sav-
ings Bank. S. J. C. Petitions for injimctions and winding up of
a fairs. Affairs in the bands of receivers.

Commonwealth by Insurance Commissioner v. N. E. Marine
Insurance Company. Same v. Conway Mutual Fire Insurance
Company. S. J. C. Petitions for injunctions and ivinding up of
affairs. Affairs in bands of receivers.

Commonwealth by Deputy Insurance Commissioner o. Exchange
Insurance Compan}'. Same v. Boston Insurance Companj'. Same
V. Manufacturers' Insurance Company. Same v. Howard Fire
Insurance Company. Same v. Shoe and Leather Dealers' Insur-
ance Compan3^ Same v. Franklin Insurance Company. Same v.
Washington Insurance Company. Same v. Neptune Insurance
Company. S. J. C. Petitions for injunctions and toinding up of
affairs. Affairs in the bands of receivers.

Attorney-General ex rel. Treasurer v. American Street Light
Reflector Company. Same v. N. E. Scale Board Box Company.
S. J. C. Information for taxes. Perpetual injunctions issued.

Attorney-General ex rel. Treasurer v. American Machine Com-
pany. S. J. C. Information for not making returns. Perpetual
injunction issued.

Commonwealth by Tax Commissioner v. Rockland Mining Com-
pany. Same v. Canada Mining Company. Same v. Petherick
Mining Company. S. J. C. Informations for not maMyig returns.
Perpetual injunctions issued.

Attorney-General ex rel. Treasurer v. Baker Water Motor Com-
pany'. Same v. Nantucket Steamboat Company. S. J. C. Infor-
mations for taxes. Perpetual injunctions issued.

Attorney-General ex rel. Treasurer v. West India Importing
and Manufacturing Company. Same v. Lawrence Worsted Mills.
S. J. C. Informations for taxes. Dismissed for want of service.

Attorney-General ex rel. Treasurer v. Benson Patent Manufac-
turing Company. S. J. C. Information for taxes. Not yet
heard.

Attorney-General ex rel. Commissioner of Corporations v. Bos-
ton and Sandwich Boot and Shoe Compan}'. S. J. C. Informa-
tion for not making returns. Dismissed for want of service.

Same v. Falmouth Wharf Company. S. J. C. Same cause.
Perpetual injunction issued.

22 ATTORNEY-GENERAL'S REPORT. [Jan.

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

Albert F. Bacon ei al. v. Chandler B. Ransom et al. S. J. C.
Charitable trust. Not yet heard.

Daniel A. Gleason, Treasurer v. McKay, Trustee. Same v.
McKa}' Sewing Machine Company. S. C. Suits to test a tax.
Judgments for defendants, tax being unconstitutional.

Roland G. Usher, Warden v. Ira Blanchard et al. Same v.
Prusha Rubber Clothing Co. S. C. Contracts. Pending.

North American Insurance Compan}'^ v. Commonwealth. Spring-
field Fire and Marine Insurance Corapan^^ v. Same. Boylston
Mutual Insurance Company v. Same. Holj'oke Mutual Fire Insur-
ance Company v. Same. Massachusetts Mutual Fire Insurance
Company v. Same. Washington Fire and Marine Insurance Com-
pany V. Same. Shoe and Leather Insurance Compan}^ v. Same.
Manufacturers' Fire and Marine Insurance Company v. Same. Mer-
cantile Fire and Marine Insurance Company v. Same. Gloucester
Fire Insurance Companj? v. Same. Dwelling House Insurance
Compau}^ V. Same. Fireman's Fire Insurance Company v. Same.
First National Fire Insurance Company v. Same. Eliot Insurance
Company v. Same. S. J. C. Petitions for abatement of taxes.
Pending.

Standard Fertilizer Company v. State Board of Health, Lunacy,
and Charity. S. J. C. Petition for injunction. Refused.

William Washburn v. Commonwealth. S. C. Petition for com-
pensation as architect at the State House. Pending.

William J. R. Evans and Thomas W. Evans, Trustees. S. J. C.
Petition for allowance of account and discharge.

Attorney-General ex rel. Treasurer v. Warner File Company'.
S. J. C. Information for not making returns. Pending.

In re Palestine Railroad. S. J. C. Petition for dissohition.
Pending.

In re Estate of William Hale. Probate Court. Claim of next
of Idn. Pending.

In re Albert E. Hackett. S. J. C. Petition for writ of habeas
corpus. Granted.

Compagnie de Reassurances Generales v. Commonwealth et al.
S. J. C. Petition for securities in custody of Treasurer. Pending.

Commonwealth v. Cit}' of London Fire Insurance Company.
Same v. Metropole Insurance Co. S. C. Tort for false returns.
Judgments for Commonwealth and money paid.

1884.] PUBLIC DOCUMENT — No. 12. 23

County of Worcester.

Commonwealth v. Edward Ryan. S. J. C. Murder. Defend-
ant convicted of murder in the first degree and sentenced.

Commonwealth by Insurance Commissioner v. Lancaster Sav-
ings Bank. S. J. C. PHUio7i for an injunction and windmg up
of affairs. Affairs in hands of receivers.

In re Winchendon Mill Company. S. .T. C. Petition for disso-
lution. Petition dismissed.

Commonwealth v. Boston, Barre, & Gardner R. R. Corpora-
tion. S. J. C. Exceptions S. C. Exceptions sustained.

Commonwealth v. Burnham Wardwell. S. J. C. Publishing a
libel. Exceptions S. C. Exceptions overruled.

Commonwealth v. James G. Forristall. S. J. C. Larceny.
Exceptions S. C. Argued, but not yet decided.

Commonwealth v. William H. Goulding, S. J. C. Appeal on
question of jurisdiction of Central District Court of Worcester.
Jurisdiction sustained.

Commonwealth v. John E. Flagg. S. J. C. Soliciting another
to burn a barn. Report S. C. Argued, but not yet decided.

United States Circuit Court.

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

Henry A. Brasse}^ v. New York & New England Railroad Co.
et al. Petition for appointment of receiver. Pending.

24 ATTORNEY-GENERAL'S REPORT. [Jan. '84.

CASES

Requiring the Attorney-General's Official Supervision during the
Year ending Jan. 16, 1884, though not conducted or argued by
him.

Attorue3'-General ex rel. v. Edward N. Perkins et al. v. Jamaica
Pond Aqueduct Co. S. J. C. Argued on demurrer. Demurrer
overruled.

Attorney-G-eneral ex rel. v. William F. Hart et al. S. J. C.
Dismissed.

Commonwealth ex rel. v. Hiram P. Harriman. vS. J. C. In-
formation to try title to an office. Dismissed.

Attorne}' -General v. City of Boston et al. S. J. C. Bill in
equity to enjoin sale of Commonwealth lands by Tax Collector. In-
terlocutory injunction issued.

Attorney-General ex rel. Mott v. Selectmen of Arlington. S.
J. C. Obstruction of an highway . Pending.

Attorney-General ex rel. v. Eastern Railroad. S. J. C. In-
formation to enjoin the railroad against abandoning a station.
Pending.

Attorney-General ex rel. v. William B. Washburn et al. S. J.
C. Charitable trust. Pending.

Attornej'-General ex rel. Board of Harbor and Land Commis-
sioners V. Henry M. Whitney. S. J. C. Information to enjoin
building. Pending.

Attorney-General ex rel. v. James O. Parker. S. J. C. Trust.
Pending.

Attorney-General v. Greenfield Library Association. S. J. C.
Violation of trust. Dismissed.

Attorney-General ex rel. v. Boston & Lowell Railroad. S. J.
C. Information to prevent obstruction of street. Pending.

i