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

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■■''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 









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 









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