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

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PUBLIC DOCUMENT. No. 12. 



ANNUAL REPORT 



ATTORNEY-GENERAL 



YEAR 1884. 



BOSTON : 

WRIGHT & POTTER PRINTING CO., STATE PRINTERS. 

18 Post Office Squaiie. 

1885. 



PUBLIC DOCUMENT. No. 12, 



ANNUAL REPORT 



" ATTOENET-GENEEAL 



YEAR 1884. 



BOSTON : 

WlilGHT & POTTER PRINTING CO., STATE PRINTERS, 

18 Post Office Square. 

1885. 



(ff0mm0nfotalt^ oi MmsRt^mtttB. 



Attorney General's Department, Commonwealth Building, 

Boston, Jan. 21, 1885. 

To the Hon. John Q. A. Brackett, 

Sjyeake?' of the House of Eepresentatives. 

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

I am, very respectfully, 

Your obedient servant, 

EDGAR J. SHERMAN. 



(ffommonfaeult^ of Massachusetts. 



Attorney General's Department, Commonavealth Building, 

Boston, Jan. 21, 1885. 

To the Honorable Sjjenker of the House of Representatives : 

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. 

The Avhole number of cases in the courts which have 
required the attention of this department is 143 ; and they 
are thus classified : — 

Indictments for murder, 18 

Exceptions and report in criminal cases, . . 65 

Information upon relation of public officers, . 30 

Information upon relation of private persons, . 9 

Miscellaneous, 21 

Total, 143 

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. 

In the County of Essex. 

An indictment against Thomas Lowe for the murder by 
choking of Nellie Sullivan, a child ten years old, at North An- 
dover. The prisoner committed the murder while under the 
influence of intoxicating liquor. The case was tried at Salem, 
December 1, 2 and 3, before Morton, C. J., and Charles 
Allen, J. John P. Sweeney and George L. Weil, Esquires, 
were assigned and acted as counsel for the prisoner, and 
District Attorney Hurlbert assisted for the Commonwealth. 
The defence was insanity, caused by the excessive use of 



6 ATTORNEY-GENERAL'S REPORT. [Jan. 

intoxicating liqnor. The jury returned a verdict of guilty 
of murder in the second degree, and the prisoner was sen- 
tenced to the State Prison for hfe. 

In the County or Suffolk. 

An indictment against James Nicholson for the murder of 
his wife, April 22, 1884. Nicholson and his wife had quar- 
relled and separated, for a second or third time, and were 
living apart. She, against his will and while he was absent 
from home, had taken all his household goods of every kind 
and description and moved to the lodging house kept and 
occupied by her brother. The prisoner, who was foreman 
of a shop, and possessed of a respectable character previ- 
ously, became incensed against her on this account. He 
increased his habit of using intoxicating liquors, became 
jealous and moody, brooding over his troubles, and tinally, 
arming himself with a pistol, went to the house on the day 
of the murder. The wife invited him into the front room 
to have a private and quiet talk concerning their troubles. 
After beinof there a short time he was heard to utter the 
words, " Take that," and the discharge of a pistol followed. 
The brother and others rushed in from the adjoining room, 
and found him standing in the middle of the room, pistol in 
hand, while she was lying back in the rocking-chair, their 
baby on her lap, her clothes on tire from the discharge of 
the pistol in too close proximity to her dress. She ex- 
claimed, "He has killed me at last," The brother put out 
the fire, told her she was not dead, that her husband had not 
killed her, although it afterwards appeared that the pistol 
ball had passed through her arm and glanced into her body. 
After he became satisfied that he had not killed her, he ex- 
claimed, " If I have not killed you, I will," and put a bullet 
directly through her heart. She fell to the floor and died 
instantly. He waited until she was dead, then said, " I am 
a murderer, and I meant it," passed down stairs, lighted his 
cigar, walked calmly away, and made his escape. He was 
arrested in Montreal, in June following, and remarked to 
the ofiicer, Sergt. Simonds of the Boston police force, "I 
killed her ; I am not dead yet, and I am not afraid to die." 
He was tried December 15, 16, and 17, before Devens and 



1885.] PUBLIC DOCUMENT — No. 12. 7 

Holmes, justices. The defence was drunkenness and insanity. 
Stillman B. Allen and Owen A. Galvin, Esquires, were 
assigned and acted as counsel for the prisoner, and District 
Attorney Stevens assisted for the Commonwealth. The 
jury returned a verdict of guilty of murder in the first 
degree. December 20, the prisoner was sentenced to be 
executed March 27, 1885. 

In the County of Worcester. 

An indictment against Patrick CunniiF for the murder by 
beating with a club of Patrick McManus. Upon a trial 
before Justices Field and William Allen, December 30 and 
31, a verdict of guilty of murder in the second degree was 
returned ; and the prisoner was sentenced to the State Prison 
for life. John Hopkins and David F. O'Connell, Esquires, 
were assigned and acted as counsel for the prisoner. District 
Attorney Hopkins assisting for the Commonwealth. 

The indictments referred to in my report of last year 
have been disposed of by an entry of a nolle prosequi, in 
each of the following cases, the prisoners having been 
indicted and tried in the Superior Court for manslaughter ; 
one against James Barrett for the murder by shooting of 
Richard A. Savage, in the county of Berkshire ; and one 
against Kate Donovan and William Tebbets for the murder 
of a bastard child, in the county of Hampshire. 

In the indictment against Mary Murphy for the murder 
of her bastard child, pending in Hampden County, at the 
time of my last report, I accepted a plea of guilty of man- 
slaughter, and she was sentenced to ten years in the 
Women's Prison. 

I also accepted a plea of guilty of murder in the second 
degree, upon the indictment against Richard Currie, pending 
in Suffolk at the time of my last report, and he was sen- 
tenced to the State Prison for life. 

The indictment against Rogers Amero for the murder of 
Eliza Georgietta Carlton, at Watertown, March 18, 1883, 
referred to in my last report, Avas disposed of by the entry 
of a nolle prosequi, and the prisoner was discharged from 
custody January 26, 1884. After his discharge, Amero 
petitioned the legislature for compensation, on account of 



8 ATTORNEY-GENERAL'S REPORT. [Jan. 

his arrest, extradition, and imprisonment. The Committee 
on Chiims, after a protracted and patient hearing, reported 
that the petitioner have leave to withdraw, which report was 
accepted. 

As the petition may be renewed before the present or 
some future legishiture, and as the case against Amero was 
peculiar, and the circumstances surrounding it w^ere remark- 
able, I deem it proper to refer to it somewhat at length. 

I am indebted to District Attorney William B. Stevens, 
who visited Nova Scotia, and rendered faithful and valuable 
services to the Commonwealth and the prisoner there and 
here, for the following statement : — 

The murder of Mrs. CarltonJ occurred Sunday evening, 
March 18th, 1883, at about half past seven. With her two 
small children she was alone in the house at the time the 
crime was committed. The family servant, Theodora Carl- 
son, had gone out, and the husband was supposed to be absent 
in Boston. The mother and children were in her chamber, 
when the bell of the front door was heard to ring. Taking 
the light in her hand, leaving* the children, and closing the 
chamber door, she descended to the hall, and what trans- 
pired from that moment till her prostrate form was discov- 
ered a few minutes later, near the foot of the stairs, by her 
little daughter five years old, no man except the murderer 
can exactly say. She went to the outside door, opened it, 
and from there retreated the length of the hall to the foot of 
the stairs, pursued by her assassin. This place was the 
scene of a violent struggle. The weapon used in making 
the assault was an ordinary stone, afterwards found on the 
floor besmeared with blood. She was pounded on the 
head till life w^as almost extinct, and afterwards her assail- 
ant, as if possessed by relentless hate, seems to have 
jumped upon her outstretched body, perhaps stamping 
his heel upon her abdomen, producing an effect too hor- 
rible for description. From some things it would almost 
appear that the murderer was wreaking a special vengeance 
upon a pregnant mother and an unborn child. A neck- 
lace, part of an earring, a blank white envelope also dis- 
colored with blood, and some articles of personal apparel 
were scattered about within a few feet of her person. The 



1885. J PUBLIC DOCUMENT — No. 12. 9 

blood must hav^e burst from her head in torrents, smirching 
the wdUs and penetrating through the carpet and lining to 
the floor beneath. The first sound which seems to have at- 
tracted the little girl, was the moaning of her mother down 
stairs. Going down, stooping over her, and supposing she 
was ill, she ran back for some water, and upon returning 
Mrs. Carlton recovered a momentary semi-consciousness 
sufficient to send her for help. After giving this last mes- 
sage, she relapsed into unconsciousness, never again utter- 
ing an intelligent sentence, except an expression *' how 
strange." Neither lust nor booty appeared to be the motive 
which caused the crime. About this time a man was seen 
standing or sitting on the wall opposite the Carlton house. 
He was probably the murderer, but imfortunately the person 
who saw him could give no accurate description of him. 
Opposite where Mrs. Carlton lived, was a large field, where 
tracks of a man's boots were afterwards discovered, leading 
in a direction away from the house and towards a road which 
passed by Mt. Aul)urn Eailroad Station. These tracks were 
supposed to have been made by the assassin as he was flee- 
ing away in the darkness. One of the first steps taken by 
the authorities of Watertown, and the relatives of Mrs. Carl- 
ton, was the oflTer of a large reward. This was a mistake, 
and proved a constant embarrassment to the government, 
stimulating as it did the imagination, the zeal, and in some 
instances perhaps the dishonesty of several witnesses whose 
testimony had to be scrutinized with the greatest care. Va- 
rious persons were suspected, some, arrested and discharged 
for lack of sufficient evidence, till finally a simple-minded 
French Acadian named Rogers Amero was arrested in Nova 
Scotia, indicted, and brought to Massachusetts on a requisi- 
tion. The suspicious circumstances testified to against him 
were of the most remarkable character, pointing to him at 
least, as the probable murderer. At the time there was a 
general belief among his acquaintances at home and in the 
neighborhood of the crime that he was the guilty man. 
The evidence against him, unexplained, and uncontradicted 
was of the strongest nature, but subsequent developments 
and a thorough and careful investigation of the facts, dem- 
onstrated his probable innocence. The officers of the gov- 



10 ATTOENEY-GENERAL'S REPORT. [Jan. 

ernment exerted themselves, not for the purpose of securing 
his conviction, but to ascertain so far as possible the exact 
truth. Officers Bean and Inniss of the District Police were 
detailed by Governor Butler to Avork upon the case, and 
rendered to both the government and the defence valuable 
assistance. 

As this was an exceptional case in the annals of crime 
it may be interestng to briefly review the evidence 
against and in favor of the prisoner. Amero was appar- 
ently an inoffensive young man of about twenty-four j^ears 
of age, who for two or three years had worked during the 
summer, and sometimes in the winter, in and about South 
Lincoln. In the winter of 1882-83 he had been cutting 
wood, doing chores, and living in the family of one Arthur 
Johnson. On the Tuesday morning preceding the murder, 
he left Mr. Johnson's ostensibly for the purpose of going to 
Waltham to purchase some clothes, representing that he 
should return during the day. Instead of returning, how- 
ever, he drew a deposit which he had at the savings bank iu 
Waltham, met a friend by appointment, went with him to 
Boston, and in the afternoon took the train for Gloucester 
to visit some relatives, where he spent the night, and was 
not seen by them as they testified after Wednesday at or 
about noon. From this Wednesday afternoon, all trace was 
lost of him till the following Sunda}^ at aliout five r.M., when 
a private detective employed on the Fitchburg Railroad was 
certain he saw him near the track between Boston and East 
Cambridge. He positively identified him both from his 
photograph and from afterwards seeing him personally, and 
minutely detailed the conversation which envsued. The man 
whom he saw told him he was going to Watertown where 
he had frequently walked from Waltham, spoke of a man 
who kept a bar-room on Cambridge street and had a nice 
wife. In this connection it should be remembered that 
Carlton kept a saloon on Cambridge Street. The last seen 
of him he was walking up the track towards Watertown a 
little more than two hours before the murder. The crime 
was committed not far from half-past seven. Shortly before 
eight, a man under great apparent excitement came into the 
Mt. Auburn station on the Fitchburg Railroad, bought a 



1885.] PUBLIC DOCUMENT — No. 12. 11 

ticket for Boston, and slunk away on a settee as if wishing 
to escape observation. If this was the murderer who made 
the tracks heretofore mentioned, he would have taken the 
proper direction, and would have had just about time to 
reach the station, at the moment this unknown person ap- 
peared there. The daughter of the lady Avho kept the sta- 
tion was produced as a witness at Digby, and testified that 
she was positive Amero was the man she saw at the depot 
on that Sunday night. Her mother and one or two pas- 
sengers who came in while the man was there were almost 
equally certain he was the person whom they saw. Two 
men also came forward, one of whom said he saw the pris- 
oner on Thursday or Friday preceding the murder, in Carl- 
ton's saloon, and the other was confident he saw him drink- 
ing with Carlton on Friday night, after which they both 
took the Watertown car. The next clue we have of him, 
he turns up at Portland at one p. m. Monday, March 19th, 
having just arrived on the train that left Boston in the morn- 
ing. He was on his way to his home in Nova Scotia, and 
after changing cars at Portland, he bought a ticket to Au- 
ofusta and s^ot on to the rig-ht train which would have taken 
him to Bangor, through which city he must have passed to 
reach the place of his desired destination. The train had 
passed but a short distance out of the station, and was in 
rapid motion, when he jumped from the platform of the car 
on which he stood. His conduct for the next twenty-four 
hours was most singular. He was apparently suspicious of 
every body, giving a name other than his own, making con- 
tradictory and false statements about himself and his home, 
fearful that the police were after him, afraid alike to remain 
or to go on. In some way on Monday evening, he reached 
Cumberland Junction, ten miles from Portland, on the Maine 
Central Railroad, offered to pay the station master, one 
Fowler, twenty dollars to stop the night train which always 
did stop there, but Fowler could not persuade Amero that 
such was the case, and so he hired a man to drive him back 
to Portland that he might take the train there. While at 
Cumberland Junction, he appeared to be laboring under the 
greatest excitement, stating to one person that his getting 
away was a matter of life and death, and to another, that if 



12 ATTORNEY-GENERAL'S REPORT. [Jan. 

he was caught, it would cost him his life. After being 
driven to Portland expressly for the purpose of taking the 
Bangor and St. John train, he for some reason neglected or 
did not dare to do it, but got on to a freight train the next 
day, when he exhibited the same fear and suspicion as at 
Portland. On the road from Brunswick to Bangor he met a 
person who had lived near him at home, but he tried to dis- 
guise his identity from him, assuming a false name, denying 
that he was Rogers Araero, and seemed anxious to get over 
the American line, saying that he should then be a free man, 
that the officers were after him. When he left South Lin- 
coln he wore a mustache which was now shaven off. Try- 
ing apparently to conceal himself, he kept most of the time 
out of sight. Just before the steamer which he took from 
St. John to Digby reached the landing, he sprung ashore 
and disappeared up the wharf. After reaching Nova Scotia, 
till the time of his arrest, his conduct was such as to create 
among the people he saw the impression, almost the con- 
viction, that he had committed some great crime. Even his 
own father, .a man however of very little intelligence, be- 
lieved him to be guilty. At first not daring to remain at 
home, he took to the woods, and hid himself away in a log 
camp, with a friend, telling him if he was taken he ex- 
pected to be hung. Most of the witnesses who appeared 
against him at Digby were probably honest, but their imag- 
ination was somewhat excited by the hope of receiving a 
portion of the thirty-five hundred dollars, inducing them to 
put an unfavorable and guilty construction upon all his acts. 
His father stated that he told him he had had trouble with a 
woman back of Boston, that it was about seven o'clock in 
the evening, and that the woman's husband at the time was 
away from home, and after the old gentlemen was lodged in 
the jail at East Cambridge, where he was detained as a wit- 
ness, his great solicitation seemed to be, what should be 
done with the body of his son after the execution, apparently 
anticipating nothing but the halter as the punishment of his 
crime. While the defendant was in custody at Digb3% and 
during the hearing there, a fishing smack put in for supplies, 
and some of her crew, actuated by the prevailing curiosity, 
went up to the jail, hoping to get a glimpse of the notorious 



1885.] PUBLIC DOCUMENT — No. 12. 13 

man, whose name was upon everybody's lips. They suc- 
ceeded in ofettino: near the outside bars of the window where 
he was confined and had some conversation with him. The 
uncle of Amero by marriage, one Saulnier, was near by and 
overheard the conversation. He testified that he confessed 
to these fishermen that he got acquainted with Carlton at his 
saloon, the week before the murder, did chores for him 
three or four days, went to Carlton's house in Watertown to 
do an odd job, and that Carlton told him he wished his wife 
was dead, and some one would kill her, but denied having 
committed the deed. The father also stated that Rogers 
would exclaim while in the woods " God have mercy upon 
my soul," and in reply to the question whether he had killed 
the woman, said he did not strike her with an axe, but made 
at the time no further denial. 

In brief this was the o-ist of the evidence asjainst the sus- 
pected man, evidence which, if uncontradicted and unex- 
plained, must have carried almost conclusive conviction to 
every impartial mind that the villain had been finally hunted 
down who committed the terrible deed. This was one side 
of the case. The duty now devolved upon the government, 
as it always does, to find out if there was another side. It 
was ascertained that a few weeks before he left South Lin- 
coln, he slipped and fell, striking upon the back of his head, 
and at times from that day till he left for Waltham, he acted 
strangely, making singular remarks and suspicious that the 
man with whom he lived was about to have him arrested. 
He complained of his head, saying it felt curious. A few 
days before he went away, a neighbor called at Mr. John- 
son's and found Amero at work in the barn cellar, wringing 
his hands and declaring that Johnson had gone off to have 
him arrested. His conduct before then had generally been 
kind and inofl'ensive. He had never manifested anything of 
the brutality which must have characterized the man who 
killed Mrs. Carlton. At the outset, the strongest circum- 
stance favoring the innocence of the person who appeared at 
the Mt. Auburn station, was the fact that no blood was 
noticed upon his clothes or person, although he was brought 
into the strongest light. There can be little doubt, that the 
man who murdered Mrs. Carlton must have been almost 



U ATTORNEY-GENERAL'S REPORT. [Jan. 

literally covered with her blood. After the arrest of 
Amero, he told the officer that he had remained at Glouces- 
ter till the Monday morning after the murder, detained most 
of the time in a stable, where his cousin and the owner of 
the stable succeeded in getting from him a considerable part 
of his money. His statements at first were somewhat con- 
fused and contradictory, and denied by the parties impli- 
cated, but a thorough investigation, confirmed in the main, 
the substantial truth of his story. He was there, and told 
of certain facts that occurred, and of which he could not 
have known if he had not been there. These things were 
brought to light after his return to Massachusetts. In the 
first place, he gave an accurate description of the interior of 
the stable, which demonstrated that he had either at some 
time seen it, or that it had been minutely described to him. 
He recited a certain transaction that occurred in Gloucester 
on Friday, March 16. Again on Sunday morning, March 18, 
he remembered a fire at Rockport, and that his cousin 
started for the fire ; and such was the fact. Further, an old 
lady who lived opposite the stable, learned from what she 
overheard, that a man about this time was being kept there, 
and some of his money had been taken from him. Two or 
three witnesses also were found who stated that they were 
positive they saw him at Gloucester on Saturday, March 17. 
One of them probably intended to tell the truth, but the 
others were very unreliable. The cousin also told the mas- 
ter of a coaster sailing between Gloucester and Nova Scotia, 
that Rogers was in the former place as he claimed, and that he 
got money from him. The evidence is here very briefly 
given, but it was proven at least beyond probable doubt, 
that the suspected man was in Gloucester from the preceding 
Wednesday till the following Sunday morning, March 18, 
instead of having been at Carlton's saloon and at Water- 
town. He was at Gloucester Sunday morning. Could he 
have been on the Fitchburg Railroad in Boston Sunday after- 
noon at five o'clock, or at Watertown two hours later? It 
is within the range of possibility and that is all. Insanity 
had very generally prevailed in the family of Amero, and it 
was evident that he had started from South Lincoln, pos- 
sessed with the delusion that he had had trouble with Mrs. 



1885.] PUBLIC DOCUMENT— No. 12. 15 

Johnson, his employer's wife. This delusion probably 
manifested itself at Gloucester, and may have been taken 
advantage of by the people he met there, who, perhaps, 
played upon his fears, and so induced him to part with his 
money, keeping him concealed in the barn as he claimed. 
His statement was that he left Gloucester on the Monday 
morning after the murder and took the train for Portland, 
at one time he said at Salem, and at another time he said at 
Beverly. The conductor and a brakeman of the train that 
left Boston on that Monday morning were sought out. The 
conductor remembered the fact of a man orettino; on the 
train he thought at Salem, and also remembered certain cir- 
cumstances in connection with him, which had been detailed 
previously by Amero. The brakeman also recalled the 
facts, having converged with him, and furthermore, went to 
the prisoner's cell at the jail in East Cambridge, and identi- 
fied him as the man he saw. Step by step his route was 
traced ; the people he met were interviewed, and the conclu- 
sion reached from his conduct and his words, that the delu- 
sion which took possession of him at South Lincoln, had 
followed him till the time of his arrest. This hypothesis 
explained his apparent confessions. They referred not to 
Mrs. Carlton, but to Mrs. Johnson. The place back of 
Boston testified to by his father was South Lincoln, and not 
Watertown. The lady with whom he had had trouble was 
his employer's wife, and not the murdered woman. He had 
either committed a great crime, or was the victim of an 
hallucination. The latter theory alone was consistent with 
proven facts, and so was accepted. But some of the wit- 
nesses drew upon their imagination to such an extent, that 
they may have been guilty of perjury. The evidence that 
came from the uncle-in-law had been of the most damafrins: 
character, but his reputation for truth was bad, and the only 
one of the fishermen who could be found absolutely contra- 
dicted him about the confession. Furthermore, the appear- 
ance and the character of the two men who placed him with 
Carlton was such as to entitle their testimony to but little 
weight. It is more difficult to explain the evidence of the 
Fitchburg Railroad detective and of the ladies who kept the 
Mt. Auburn station. At the time the detective saw the man 



16 ATTORNEY-GENERAL'S REPORT. [Jan. 

on the track, another employe of the road also saw him, and 
supposed he was a mulatto, and he was afterwards unable to 
identify Amero. The overcoat which he was described as 
wearing, was also diiferent from any that Rogers was known 
to have had. This man, too, had a pipe, but the Frencthman 
never smoked. After several interviews Avith him during 
his confinement here, it was difficult to come to any other 
conclusion than that his mind was either affected, or that he 
was very artfully assuming insanity, but there was little 
about his previous life and character which would justify the 
latter conclusion. Such, in brief, was the evidence for and 
against this unfortunate, and at the same time, fortunate man. 

If Amero had been tried immediately upon his extradi- 
tion, he might have been in danger of conviction. His own 
conduct, caused possibly by insanity, led to his arrest, 
indictment and extradition. The offer of reward interfered 
with and impeded investigation, and made it more difficult to 
establish the truth. 

The evidence, at first developed, fully justified the indict- 
ment and extradition. Subsequent patient, faithful, intelli- 
gent and searching investigation, by the government, aided 
by officers appointed by the Governor and the court, caused 
Amero to be discharged without trial, upon the ground, — 
although there was much and strong evidence against him 
yet after it was examined, sifted, and explained, — that he 
probably was not guilty. 

I renew my recommendation of last year as follows : — 

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- 
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 



1885.] PUBLIC DOCUMENT — No. 12. 17 

criminals, and a serious obstacle to public justice. I there- 
fore recommend the repeal of section 12 of chapter 212 of 
the Public Statutes. 

A case of unusual interest to the public, concerning the 
liability of physicians for malpractice, occurred in Worcester 
County and has been decided during the year. 

In the case of Commonwealth v. Samuel Thompson de- 
cided in Essex County by the Supreme Court in 1809 (6 
Mass. R. 134) it was held that a 'physician who had admin- 
istered lobelia, from the effects of which the patient died, 
could not be convicted of manslaughter, notwithstanding his 
ignorance, if he acted with an honest intention and expecta- 
Hon of curing the deceased. Although that opinion has gen- 
erally been followed by the courts in this and most of the 
States of the Union, yet it has been unsatisfactory to the 
bench and bar, and a different rule has been adopted and 
followed in England. 

The case in Worcester was an indictment against Frank- 
lin Pierce, a physician, who, while attending a patient ill of 
fever, caused her to be kept in flannels saturated with kero- 
sene oil until she died. 

He was indicted and tried for manslaughter before Mr. 
Justice Pitman of the Superior Court who ruled to the jury, 
"that injurious acts resulting from gross carelessness or 
foolhardy presumption, without intent to injure, may consti- 
tute an assault." The court instanced those persons who 
are engaged in operating steam engines and said "if they 
were guilty of gross carelessness or foolhardy presumption 
and injuries result they are criminally liable. So with 
apothecaries, if a person without knowledge and skill deals 
with deadly drugs, he may be criminally liable. When- 
ever men are called upon to act with dangerous agencies, 
the law holds them to some degree of criminal responsibil- 
ity. If they are grossly careless, or reckless and presump- 
tuous, they are guilty. The same principle applies to medi- 
cal treatment. The government must show not merely the 
absence of ordinary care but gross carelessness amounting 
to recklessness. A man is not to be convicted of man- 
slaughter merely because of his ignorance. His ignorance 



18 ATTORNEY-GENERAL'S REPORT. [Jan. 

is only important as bearing upon the question whether his 
conduct in the case and treatment of the patient was marked 
by foolhardy presumption or gross and reckless carelessness. 

" The defendant in this case is to be tried by no other or 
higher standard of skill or learnino; than that which he nee- 
essarily assumed in treating her : that is, that he was able 
to do so without gross recklessness or foolhardy presump- 
tion in undertaking it. It is not necessary to show evil in- 
tent ; if by gross and reckless negligence he caused the death, 
he is guilty of culpable homicide. The question is whether 
the kerosene (if it was the cause of the death), either in its 
original application, renewal or continuance, was applied 
as the result of foolhardy presumption or gross negligence 
on the part of the defendant." 

Exceptions were taken to these rulings to the Supreme 
Judicial Court, and the same were argued before the full 
court in September last at Worcester, Frank P. Goulding, 
Esq., representing the defendant. 

Mr. Justice Holmes has since delivered the opinion of the 
court, fully sustaining the ruling of the court below. 

"William Washburn made a claim against the Common- 
wealth, by petition to the Superior Court, as provided in 
chapter 195 of the Public Statutes, to recover compensation 
for his services as architect at the request of the joint stand- 
ing' committee on the State House. At the trial before 
Judges Gardner, Staples and Blodgett, no special authority 
for the employment of the petitioner was shown except such 
as follows from the provisions of section 13 of chapter 5 of 
the Public Statutes, and at the request of the Attorney-Gen- 
eral the court ruled that this section does not empower the 
committee to contract debts binding upon the Common- 
wealth. To this ruling the petitioner excepted, Init the Su- 
preme Judicial Court overruled the exceptions and decided 
the case in favor of the Commonwealth. 

In obedience to the resolve of the last Legislature, chap- 
ter 61, I have commenced bills in equity against the Boston 
and Albany Railroad Company, in the Supreme Judicial Court 
in Suffolk County, the same have been heard before one of 



1885.] PUBLIC DOCUMENT — No. 12. 19 

the Justices, and undoubtedly will be reserved and reported 
to the full court, to be argued at the March term thereof. 

The following indictments for murder are now pending : 
One asrainst Samuel J. Allen in Boston, for the murder 
by shooting of Edwin A. Hansell, May 22, 1884; and one 
against Edward J. Mo ran, of Holyoke, in the County of 
Hampden, for the murder by shooting of his wife, Janet 
Moran, May 19, 1884. 

I annex details of the work of the department, with tables. 

Frederic J. Stimson, Esq., was appointed and acted as 
assistant attorney-general during tlie illness and absence of 
Assistant Attorney-General Shepard. Both have rendered 
faithful service and have received the commendation of the 
department. 

EDGAR J. SHERMAN, 

Aiiorney General, 



20 



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. 
21, 1885, and the Disposition thereof by Counties. 



COUNTIES. 


ti) 

c 

■3 

c 

c 

I 


Decided for 

the 

Commonwealth. 


1 £ 

= s 

a « S 

2 a 
g a 

« 5 


c 

=^ 

< 


•a 

o 

a; 


Barnstable, 
Bristol, . 
Dukes, . 
Essex, . 
Franklin, 
Hampden, 
Hampshire, 
Middlesex, 
Norfolk, 
Plymouth, 
Suffolk, . 
Worcester, 












2 
6 
1 
2 
1 
3 
1 

16 
6 
1 

19 
7 


2 
5 

1 
2 

2 
1 
8 
2 

16 
3 


1 

1 
1 

1 

1 


7 
3 
1 
1 
3 


1 
2 


Totals, 


65 


42 


5 


15 


3 



1885.] 



PUBLIC DOCUMENT — No. 12. 



21 



TABLE 



Showing the Number and Character of Criminal Cases pending on 
Questions of Law in the Supreme Judicial Court during the Year 
ending Jan. 21, 18S5, and the Disposition thereof. 



OFFEXCES. 



•2«^ 



s a 



•a o 



Assault, 

Attempt to extort money, . 
Attempt to destroy building by dyna- 
mite, 

Breaking and entering, 

Burning a building in night time. 

Conveying incumbered real estate, 

Embezzlement, 

False registration, 

Forgery, 

House of ill-fame, 

Illegal fishing, 

Larceny, 

Libel 

l^iquor, illegal keeping of, 

IJquor, illegal sale of, . 

Liquor nuisance, . 

Lottery, 

Manslaughter, 

Keglect to sujjport child, 

Kight walker, 

Kuisance, 

Possession of burglar's tools, 

Selling adulterated milk. 

Soliciting to burn a barn. 

Violation of municipal ordinance, 

Totals 



18 



65 



2 
1 
1 
2 
1 
4 
4 
12 
1 
1 
1 
1 
1 
1 
3 



42 



15 



22 ATTORNEY-GENERAL'S REPORT. [Jan. 



CASES 

Argued and conducted by the Attorney -General, during the year end- 
ing Jan. 21, 1885. 



CouNTT OF Barnstable. 

Commonwealth v. Charles H. Marrlman. S. J. C. Unlawfully 
digging oysters. Exceptions S. C. Overruled. 

Commonwealth v. Sarah Ryan. S. J. C. Illegal sale and keep- 
ing of intoxicating liquors. Exceptions S. C. Overruled. 

County of Berkshire. 

Commonwealth v. James Barrett. S. J. C. Murder. Nolle 
prosequi because of trial for manslaughter in Superior Court. 

County op Bristol. 

Commonwealth v. Edward McDonald. S. J. C. Sale of liquor 
to minor. Exceptions S. C. Waived. 

Commonwealth v. Thomas Dugan. S. J. C. Breaking and 
entering and larceny. Exceptions S. C. Overruled. 

Commonwealth v. Martin Bartley. S. J. C. Aiding in main- 
taining a common nuisance. Exceptions S. C. Sustained. 

County of Bristol v. Franklin Gray. S. J. C. Travelling ex- 
penses of County Commissioners. Appeal S. C. Argued but not 
decided. 

Commonwealth v. James Farrell. S. J. C. Liquor nuisance. 
Exceptions S. C. Overruled. 

Commonwealth v. Edward B. Thomas. S. J. C. Keeping a 
disorderly house. Exceptions S. C. Waived. 

Commonwealth v. Daniel Green et cd. S. J. C. Suit on recog- 
nizance. Exceptions S. C. Overruled. 



1885.] PUBLIC DOCUMENT — No. 12. 23 

County of Dukes County. 

Commonwealth v. David B. Pease et al. S. J. C. Liquor nui- 
sance. Exceptions S. C. Overruled. 

County of Essex. 

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

Commonwealth v. Thomas Lowe. S. J. C. Murder. Guilty of 
murder in the second degree and sentenced to State Prison for 
life. 

Commonwealth v. George Day and Frederick P. Gray. S. J. C. 
Possession of burglarious tools. Exceptions S. C. Overruled. 

Commonwealth v. William Hayes. S. J. C. Attempt to destroy a 
building by dynamite. Exceptions S. C. Overruled. 

County of Franklin. 

Commonwealth v. Erastus W. Brayman. S. J. C. Conveyi)ig 
incumbered real estate. Exceptions 8. C. Sustained, 

Petition of Caleb Ma3-o and others, members of the Orange 
Sovereigns of Industry- Co-operative Co., for dissolution. S. J. C. 
Dissolution decreed. 

County of Hampden. 

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

Commonwealth -y. Edward J. Moran. S. J. C. 3Iurder. Pend- 
ing. 

Commonwealth v. Mar}' Murphy. S. J. C. Murder. Plea of 
guilty of manslaughter accepted. 

Commonwealth v. John Flannigan. S. J. C. Overdriving a 
horse. Exceptions S. C. Overruled. 

Commonwealth v. John Hart. S. J. C. Illegal sale of liquors. 
Exceptions S. C. Waived. 

Commonwealth v. William Pomphret. S. J. C. Liquor nui- 
sance. Exceptions S. C. Sustained. 

County of Hampshire. 

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



24 ATTORNEY-GENERAL'S REPORT. [Jan. 

Commonwealth v. Kate Donovan and William Tebbets. S. J. C. 
Murder. Nolle prosequi because of trial for manslaughter in Su- 
perior Court. 

Commonwealth v. Orville M. Brailey. S. J. C. Burning a build- 
ing in the night time. Exceptions S. C. Overruled, 



County of Middlesex. 

Commonwealth v, Rogers Amero. S. J. C. Murder. 'Nolle 
prosequi and defendant discharged. 

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

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

Commonwealth v. Burkner F. Burlington. S. J. C. Neglect to 
s%i} port a minor child. Exceptions S. C. Overruled. 

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

Commonwealth v. Thomas P. Merriam. S. J. C. Illegal sale 
of intoxicating liquors. Exceptions S. C. Overruled. 

John Q. Atkins v. Commonwealth. S. J. C. Illegal keeping of 
intoxicating liquors. Appeal. Overruled. 

Commonwealth v. Thomas Salmon. S. J. C. Illegal keeping of 
intoxicating liquors. Exceptions S. C. Overruled. 

Commonwealth v. Timothy F. Bucklej'. S. J. C. Illegal keep- 
ivg of >htoxicati))g liquors. Exceptions S. C. Waived. 

Leander A. Persons and John Whiteley, Deacons of United 
Societ}' of Protestant Christians, v. Attorney-General. S. J. C. 
Construction of a trust. Decree in favor of plaintiffs. 

Commonwealth v. Joseph Uhig. S. J. C. Common nuisance. 
Exceptions S. C. Argued, but not decided. 

Commonwealth v. James Barnes. S. J. C. Tenement for ille- 
gal sale of liquors. Exceptions S. C. Argued, but not decided. 

Commonwealth v. Eugene J. Sullivan. S. J. C. Same cause. 
Exceptions S. C. Overruled. 

Commonwealth v. Charles Sinclair. S. J. C. Sale of liquor to 
a minor. Exceptions S. C. Argued, but not decided. 

Commonwealth v. Joshua E. Towle. S. J. C. Sale of liquor on 
Sunday. Exceptions S. C. Argued, but not decided. 

Commonwealth v. Winfield II. Tabor. S. J. C. Illegal sale of 
liqtior. Exceptions S. C. Overruled. 

Commonwealth v. Robert Patterson. S. J. C. Illegal sale of 
liquor. Exceptions S. C. Sustained. 



1885.] PUBLIC DOCUTVIENT — No. 12. 25 

Commonwealth v. John Lynch. S. J. C. Liquor nuisance. 
Exceptions S. C. Overruled. 

Petition for dissolution of Saint Mary's Orphanage. S. J. C. 
Not 3'et heard. 

Commonwealth v. Owen Murray. S. J. C. Liquor nuisance. 
Exceptions' S. C. Not yet heard. 

Commonwealth -y. Charles Jacobs et al. S. C. J. Keeping for 
sale liquors loith intent to sell them illegally. Exceptions S. C. Not 
yet heard. 

County of Norfolk. 

Commonwealth v. Dennis 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. Henry W. Burgett. S. J. C. Illegal sale of 
intoxicating liquors. Exceptions S. C. Overruled. 

Commonwealth v. Wilmot F, Fisher. S. J. C. Illegal keeping 
of intoxicating liquors. Exceptions S. C. Argued, but not de- 
cided. 

Commonwealth v. Certain Intoxicating Liquors, Wilmot F. Fisher, 
claimant. S.J. C. Sanii complaint. Exceptions S. C. Argued, 
but not decided. 

Commonwealth v. Seth Reckards. S. J. C. Liquor nuisance. 
Exceptions S. C. Argued, but not decided. 

Commonwealth v. Jacob Cotton. S. J. C. Illegal keeping of 
intoxicating liquors. Exceptions S. C. Sustained. 

Commonwealth v. Henry S. Coolidge. S. J. C. L'quor nui- 
sance. Exceptions S C. Overruled. 

Comtnonwealth v. Oliver H. Perry. S. J. C. Nuisance. Ex- 
ceptions S. C. Not yet heard. 

County of Plymouth. 

Commonwealth v. William J. Foley and Thomas F. Slattery. 
S. J. C. Assault with dangerous weapon. Exceptions S. C. 
Argued, but not decided. 

County of Suffolk. 

Commonwealth v. Richard Curry. S. J. C. Murder. Plea of 
guilty of murder In second degree accepted. 

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



26 ATTORNEY-GENERAL'S REPORT. [Jan. 

George W. Meserve in error v. Commonwealth. S. J. C. Forg- 
ery. Overruled. 

Eugene B. Hincklej' v. Susan B. Thatcher et al. S. J. C. Con- 
struction of a loill. Not yet heard. 

Francis J. Stratton et al. v. Attorniey-General. S. J. C. C/iari- 
tahle Trust. Not yet heard. 

Commonwealth v. J. O. Wetherbee et al. S. C. Suit for pen- 
alty for not making returns. Not yet tried. 

Commonwealth, by Board of Commissioners of Savings Banks, 
V. North Bridgewater Savings Bank. Same v. Mechanics' Savings 
Bank. Same v. Sandwich Savings Bank. Same v. Barnstable 
Savings Bank. Same v. West Boston Savings Bank. Same v. 
Mercantile Savings Institution. Same v. Rockport Savings Bank. 
Same v. Lexington Savings Bank. Same y. Needham Savings 
Bank. Same v. Reading Savings Bank. Same v. Scituate Sav- 
ings Bank. S. J. C. Petitions for iyijunctions and winding vp of 
affairs. Affairs in the hands 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 winding up of 
affairs. Affairs in hands of receivers. 

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

Attorney-General ex rel. Treasurer v. Benson Patent Manufact- 
uring Compan3\ S. J. C. Information for taxes. Perpetual in- 
junction issued, and execution for taxes due. 

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

Alfred F. Bacon et al. v. Chandler B. Ransom et al. S. J. C. 
Charitable Trust. Not 3'et heard. 

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

North American Insurance Company v. Commonwealth. Spring- 
field Fire and Marine Insurance Company v. Same. Boylston 
Mutual Insurance Company v. Same. Hol^^oke Mutual Fire Insur- 
ance Compau}' V. Same. Massachusetts Mutual Fire Insurance 
Company v. Same. Washington Fire and Marine Insurance Com- 
pany V. Same. Shoe and Leather Insurance Company v. Same. 



1885.] PUBLIC DOCUMENT — No. 12. 27 

Manufacturers' Fire and Marine Insurance Compau}' v. Same. Mer- 
cantile Fire and Marine Insurance Compan}' v. Same. Gloucester 
Fire Insurance Company v. Same. Dwelling House Insurance 
Compan}^ 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. 
Decree in favor of petitioners. 

Williani Washburn v. Commonwealth. S. J. C. Petition for 
compensation as architect at the State House. Exceptions S. C. 
Overruled. 

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 dissolution. 
Pending. 

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

Compagnie de Reassurances Generales v. Commonwealth et al. 
S. J. C. Petition for securities in custody of Treasurer. Granted. 
Commonwealth v. Jennie Holmes. S. J. C. Liquor nuisance. 
Exceptions S. C. Overruled. 

Commonwealth v. Annie Dohert)\ S. J. C. Same. Excep- 
tions S. C. Overruled. 

Commonwealth v. Delia Hart. S. J. C. Same. Exceptions 
S. C. Overruled. 

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

Commonwealth v. Sarah Sherman. S. J. C. Common riight- 
waJker. Exceptions S. C. Waived. 

Commonwealth v. James F. Collins. S.J. C. Larceny from the 
person. Exceptions S. C. Overruled. 

Commonwealth v. Luther Wright. S. J. C. Lottery. Excep- 
tions S. C. Overruled. 

Commonwealth v. Samuel J. Allen, Jr. S. J. C. Harder. Not 
yet tried. 

Commonwealth v. James Nicholson. S. J. C. Murder. De- 
fendant tried and convicted of murder in first degree, and sentenced 
to be hung. 

Commonwealth v. Emma Smith. S. J. C. House of ill-fame. 
Appealed. S. C. Judgment on the verdict. 

Commonwealth v. Charles M. Parsons. S. J. C. Forgery. 
Exceptions S. C. Overruled. 

Commonwealth v. John P. Kane. S. J. C. Intent to sell adul- 
terated milk. Exceptions S. C. Waived. 



28 ATTORNEY-GENERAL'S REPORT. [Jan. 

Commonwealth v. Hugh J. McGuirk. S. J. C. Liquor nuisance. 
Exceptions S. C. Waived. 

Commonwealth v. Edward W. Favor. S. J. C. Sale of adul- 
terated milk. Exceptions S. C. Waived. 

Commonwealth v. James Jenks et al. S. J. C Larceny. Ex- 
ceptions S. C. Overruled. 

Commonwealth v. Terence Cavanagh. S. J. C. Possession of 
adulterated milk. Exceptions S. C. Waived. 

Cutter V. Home Mission Society of the First Baptist Society of 
Boston. Probate C. Pttition that a certain legacy he declared 
void. Granted. 

Attorne3--General ex rel. Harbor and Land Commissioners v. 
Henry Bigelow Williams. S. J. C. Petition to restrain defendant 
from building hay windows over passageway. Not yet heard. 

City of Boston v. Attorney-General. S. J. C. Petition for leave 
to sell land in Dorchester. Granted. 

Commonwealth, by Board of Commissioners of Savings Banks 
V. Hyannis Savings Bank. S. J. C. Application of receivers for 
discharge. Refused. 

P. J. Flatley v. Oreb F. Mitchell and Daniel A. Gleason as 
Treasurer. Trustee. Municipal Court of Boston. Trustee dis- 
charged. 

Commissioner of Corporations v. New England Lithographic 
Company'. S. J. C. Petition for dissolution for %vant of returns. 
■ Granted. 

Same v. Boston Waterproof Fabric Company. S. J. C. Same 
cause. Granted. 

Commonwealth v. Boston & Albany Railroad Company. Lifor- 
mation to restrain the payment of dividends. Argued, but not de- 
cided. 

Same v. Same. S. J. C. Information to restrain the issue of 
6,527 shares. Argued, but not decided. 

Commonwealth, by Commissioner of Corporations, v. The Parker 
Mills. S. J. C. Petition for dissolution for want of returns. Pend- 
ing. 

Commonwealth v. Obed B. Baker. S. J. C. Sale of adulterated 
milk. Exceptions S. C. Waived. 

Leander Bushman, in error v. Commonwealth. S. J. C. Not 
yet heard. 

Commonwealth v. Isaac S. Lev3\ S. J. C. Forgery. Excep- 
tions S. C. Not yet heard. 

Commonwealth v. John Keenan. S. J. C. Sale of adulterated 
milk. Exceptions S. C. Not yet heard. 



1885.] PUBLIC DOCUMENT — No. 12. 29 



County of Worcester. 

Commonwealth by Insurance Commissioners. Lancaster Savings 
Bank. S, J. C. Petition for an injunction and to wind iq) affairs. 
In hands of Receivers. 

Commonwealth v. James P. Forrlstall. S. J. C. Larceny. Ex- 
ceptions S. C. Overruled. 

Commonwealth v. John E. Flagg. S. J. C. Soliciting another 
to burn a barn. Exceptions S. C. Overruled. 

Commonwealth v. Franklin Pierce. S. J. C. Manslaughter. 
Exceptions S. C. Overruled. 

Commonwealth v. Patrick F. Heagany. S. J. C. Liquor nui- 
sance. Exceptions S. C. Overruled. 

Commonwealth v. Abbott A. Jenkins. S. J. C. Liquor nui- 
sance. Exceptions S. C. Sustained. 

Commonwealth v. Maurice W. Hennlgan. S.J. C. False regis- 
tration. Exceptions S. C. Argued, but not decided. 

Commonwealth v. Joseph Bean. S. J. C. Liquor nuisance. 
Exceptions S. C. Overruled. 

Commonwealth v. Patrick CunnifF. S. J. C. Murder, Guilty 
of murder in second degree, and sentenced to State Prison for life. 

United States Circuit Court. 

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

Henry A. Brassey v. New York & New England Railroad Com- 
pany et al. Petition for appointment of receiver. Pending. 



30 ATTORNEY^GENERAL'S REPORT. [Jaa.'85. 



CASES 

Beqniring the Attorney-General' s Official Supervision during the 
Year ending Jan. 21, 1885, though not conducted or argued by 
him. 

Attorne3''-General v. City of Boston et al. S. J. C. Bill in 
equity to enjoin sale of Commonwealth lands by tax collector. In- 
junction issued. 

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

Attorney-General ex rel. v. Eastern Railroad. S. J. C. Infor- 
mation to enjoin the railroad against abandoning a station. Re- 
fused. 

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

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

Attorney-General ex rel. v. James 0. Parker. S. J. C. Trust. 
Pending. 

Attorne3'-General ex rel. v. Boston & Lowell Railroad. S. J. C. 
Information to prevent obstruction of a street. Pending. 

Attorney-General ex rel. v. Old Colony Railroad. S. J. C. 
Same. Pending. 

Attorney-General ex rel. Board of Harbor and Land Commis- 
sioners V. City of Boston, Boston Water Power Corapan}^ and 
Henry M. Whitney. S. J. C. Information to prevent building. 
Refused. 

Attorney-General ex rel. v. Jamaica Pond Aqueduct Compan}'. 
S. J. C. Argued on demurrer, and demurrer overruled. 



i 



\ 




'I^-.<S.