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^L'>
PUBLIC DOCUMENT. No. 12.
ANNUAL REPORT
ATTOEI^E Y- GENERAL
10 R THE
YEAR 1885.
BOSTON :
WRIGHT & POTTER PRINTING CO., STATE PRINTERS,
18 Post Office Square.
1886.
PUBLIC D(3CUMENT. No. 12.
ANNUAL REPORT
"^ATTOENEY- GEIsTERAL
YEAR 1885.
BOSTON :
WRIGHT & POTTER PRINTING CO., STATE PRINTERS,
18 Post Office Square.
1886.
ur ima^kitibaJS' ''
STATE HOUSE. BOSTOK
FEB ^ 1BB6
C0mmontotalt^ of P^assat^usrtts.
Attorney-General's Department, Commonwealth Building,
Boston, Jan. 20, 1886.
To the Hon. John Q. A. Bkackett,
Speaker of the House of Representatives.
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,
Attorney- General .
Commonixreitltb of Bfessatbusetts.
Attouney-Genekal's Department, Commonwealth Building,
Boston, Jan. 20, 1886.
To the Honorable Speaker of the House of Representatives :
111 accordance with section 9 of chapter 17 of the Public
Statutes, I have the honor to submit to the general court
the annual report of this department.
The total number of cases that have required the attention
of this department is 265, vv^hich is a large increase over the
number attended to in 1884, The following table is a
classification thereof: —
Indictments for murder, ....
Exceptions and reports in criminal cases,
Information upon relation of public officei'S,
Information upon relation of private persons,
Miscellaneous
Total,
18
65
30
9
21
143
16
92
46
18
93
265
I have attended to the disposition of the following cases
in the Supreme Judicial Court, in which the prisoners were
chai-o-ed with the crime of murder.
In the County of Essex.
An indictment against Henr}' K. Goodwin for the murder
of Albert D. Swan in Lawrence, Aug. 27, 1885. This was
one of the must important trials that has taken place in
Essex County in many years. The murdered man was one
of the best known citizens of the city of Lawrence. The
6 ATTORNEY-GENERAL'S REPORT. [Jan.
prisoner was a native of Vermont, born in Tunbridge,
Dec. 14, 1847, and therefore a little over 38 years of age.
When a child he was taken to Lawrence by an uncle, who
treated him as an adopted son. He received a fair amount
of schooling, at 16 enlisted in Company H, Second Heavy
Artillery, was wounded and taken prisoner by General
Hoag's command at Plymouth, N. C, in 1864. He was a
prisoner at Tarborough, N. C, Charleston, Savannah, and
Andersonville ; was paroled in January, 1865, when he
entered the hospital, from which he was discharged and
mustered out July 8, 1865. Subsequently, he was for a
term in a Boston commercial college, after which he learned
and practised the harness trade until 1878. He then
took up telegraphy, becoming an efficient electrician. He
became interested in the telephone when it was first
introduced, and bought an interest in the Bell plant in
Lawrence, which he sold in 1880 to Swan and Knox
for $12,000. He invented a switchboard and several other
improvements in connection with the telephone, which were
in great demand, but from which he failed to realize the
profits accruing. In April, 1881, he went to Buenos Ayres
under contract to introduce telephones in the Argentine
Republic ; but this venture proved profitless, and he was
oblio;ed to return. He came back to Lawrence, where he
was employed by the ^lolecular Telephone Company.
Suddenly Goodwin came to the conclusion that Swan, who
had been his fast friend from boyhood, was intriguing and
working against him. From this began their quarrel.
Goodwin, in keeping with his erratic disposition, threw up
his position and went West, settling first in Cleveland, then
farther West, finally telegraphing to his uncle for money to
get home. He arrived in Lawrence, finding his wife ill,
himself out of work and money. He saw Swan once, twice,
and many times, at all of which a stormy scene took place,
The bond of friendship was a thing of the past, and their
interviews were those of strong enemies. Goodwin claimed
he had been defrauded by Swan, and that, too, to a large
amount; and would always demand of him sums of money
and a settlement. His excitable disposition was all aflame
with his wrongs ; he was gloomy, and brooded much over
I8«(i.] PUBLIC DOCUMENT— No. 12. 7
his affairs. He could not work, was discouraged ; and his
now kindled anger, growing by what it fed on, led him, on
the 27th of August, 1885, in broad daylight, between the
hours of 10 and 11 in the forenoon, to enter the oflace of
Mr. Swan ; and, while his back was turned, shot him in the
back of the head, killing him almost instantly. After com-
mitting the deed he stepped to the telephone in the same
office, and calling up the police station said : "I have shot
Al. Swan. Will you send an officer for me, or shall I come
down?" To a witness who, on hearing the shot, came in,
he said : " I have shot him." He then walked out, aud,
jumping into a passing wagon, went to his uncle's stable,
rushed in, and, giving him the revolver that he had used,
together with a stiletto that he had had with him, told him
what he had done, and then started to walk to the police
station, when, meeting with his cousin, Frank Stowell, he
shook hands and said: "Good-bye; I have shot Swan. I
always said I should kill the , and I have,
and I am now going to give myself up." Immediately pro-
ceeding to the station house, he gave himself up, saying to
the officers there: "There comes a time in a man's life
when he can endure no longer, — my time has come." He
vowed that Swan had taken all his patents and patterns, for
which he was offered $40,000, and when he tried to sell
them he could give no clear title ; and that he had told Swan
before that, if he did not come to some kind of a settlement
he would have his heart's blood. " I have done it, and I
meant to, and I am prepared to take the consequences."
When asked where the pistol was, he said : " You needn't
think for a moment that I will commit suicide." When
arraigned November 7 in Salem, before the Supreme Court,
hesaid : "I did it, and always said I did it." His counsel
entered a plea of not guilty, basing their defence on the
criminal's hope and generally sought after ground of insanity.
The trial began December 28, before Justices Charles Allen
and Wm. S. Gardner, General Benj. F. Butler and Col.
John P. Sweeney being assigned and acting as counsel for
the prisoner, and District Attorney Hurlburt assisting for
the Commonwealth. It lasted eight days, being submitted
to the jury on the evening of the 5th of January, who
8 ATTOENEY-GENEBAL'S REPORT. [Jan.
returned a verdict on the morning of the sixth of guilty of
murder in the second degree. Several exceptions were taken
by the prisoner's counsel during the progress of the trial,
but have since been waived, and the prisoner will be sen-
tenced to State's prison for life.
In the County of Hampshire.
An indictment against Allen J. Adams for the brutal mur-
der of Moses Dickerson at Amherst in November, 1875.
Mr. Dickerson, an old man at the time of his murder, was
found dead on a lounge in his own house on the Northani])-
ton road, on the 27th of November of the above year. The
deed was committed Avith an axe, with which the man's head
was battered and split open in a most horrible manner ; the
blood and brains of the unfortunate man being spattered
over the lounge and on the wall near where he lay. A tramp
who had been living with Mr. Dickerson before his death
was missing. Rewards were offered, but no trace could be
found of the murderer. A paltry sum of money, which the
murdered man had received from the sale of some tobacco,
was missing ; which was evidently the cause of the killing.
Nothing was heard of the aforesaid tramp till December,
1884, when it was learned that Allen J. Adams had con-
fessed (being then a prisoner confined in jail in Tennessee)
to having committed the deed. He was brought to Massa-
chusetts. The case was tried at Northampton, Dec. 7, 8,
and 9, 1885, before Devens and William Allen, justices.
Hon. William G. Bassett and John B. O'Donnell, Esquire,
were assigned and acted as counsel for the prisoner, and
District Attorney Bond assisted for the Commonwealth.
The now common plea uf insanity was set up, but to no
purpose, the jury bringing in a verdict of guilty of murder
in the first degree; and the prisoner was sentenced to be
executed in March of the current year.
The indictments pending at the time of my last report
against Samuel J. Allen, for the murder of Edwin A. Han-
sell, in Boston, by shooting, while under the influence of
liquor; and against Edward J. Moran, for the murder of his
wife, by shooting, — have been disposed of. Both pleaded
1886.] PUBLIC DOCUMENT — No. 12. 9
guilty to manslaughter, aud were severally sentonced to the
State prison, — the former for five and the latter for fifteen
years.
The following indictments for murder are now pending :
one against Charles Hayes, for murder, with a razor, of
Matilda E. Robinson, Sept. 3, 1885, at Cambridge; one
against Frank Mitchell, for murder, by choking, of Ellen
Mitchell, July 20, 1885; and one against Timothy Coffee
and John Coffee, for murder, with a knife, of John Cullen,
Aug. 12, 1885, all in Boston ; and one against Charles John-
son, for murder, with a razor, of James Burns, May 9, 1885,
at Swansea.
In obedience to the resolve of the Legislature of 1884,
chapter 61, I commenced bills in equity against the Boston
& Albany Railroad, in the Supreme Judicial Court in Suf-
folk County ; the same have been heard before a single
justice, and the demurrers of the defendant were sustained.
The cases were reserved at the request of the parties, and
are now before the full bench, and will be argued the present
term.
Martin Wesson, with whom the Board of Trustees of the
State Workhouse at Bridgewater made a contract for the
employment of the inmates thereof, made a claim against
the Commonwealth, by petition to the Superior Court, as
provided in chapter 195 of the Public Statutes, for, as he
says, the breach of said contract at the time of the burning
of the buildings of the institution. The case was tried before
Pitman, Mason and Barker, J. J., Mr. T. H. Tyndale ap-
pearing for the petitioner, and Assistant Attorney-General
Shepard for the Commonwealth. The court disallowed his
claim. Claimant's motion for a re-hearing pending.
Under the same provisions of the Public Statutes, the
town of Milford has filed a claim against the Commonwealth
for the support of a State pauper. The case is not yet
tried.
A case claimed by the defendant to be of much interest to
the public, concerning the " freedom of worship," occurred
10 ATTORNEY-GENERAL'S REPORT. [Jan.
in Sufft)lk County, and hns been decided during the year,
— Commonwealth v. William F. Davis, by name. The
-defendant, a clergyman, was complained of for preaching on
Boston Common, so called, on the 17th and 24th of May,
lti85, without a permit, and in violation of ordinances of the
city. He claimed that he had a right so to do without a
permit of any sort, and that the ordinance in question was
unreasonable, void and illegal. But the Supreme Judicial
Court overruled all his exceptions, deciding that the ordi-
nance was valid, and not inconsistent with the laws or consti-
tution of the Commonwealth.
Another case of interest, as affecting the administration of
the screen law, is that of Commonwealth v. James J.
Barnes, who was complained of for violating said provisions
of the law. He had been licensed to sell liquors in the
*' front and rear room on the first floor" of a certain build-
ing. The partition between the rooms was of matched
boards, having two openings of the size of ordinary doors,
which had never been screened in any way. Said partition
was for many years a part of the building, was in place when
defendant made application for his license, and also when a
police officer, detailed for that purpose, inspected the prem-
ises, and was not required to be removed by the officials
granting the license. The defendant contended that said
partition was not such a maintenance of a partition as was a
violation of his license. The jury found him guilty, and he
alleged exceptions, which the Supreme Court have just
sustained.
A civil case of much importance, and one that has been
pending for some time, was that of the Attorney-General ex.
rel. Harbor and Land Commissioner v. Henry Bigelovv
Williams. Said Williams purchased of the Commonwealth,
through the Commissioners, a certain parcel of land in the
district known as the Back Bay, and proceeded to erect a
building thereon. One of the conditions of the deed by
which this land was conveyed was that no bays or projec-
tions should be constructed out upon or over a certain six-
teen-tVet passageway forming one of the boundary lines.
1886.] PUBLIC DOCUMENT — No. 12. 11
Such projections said defendant was proceeding to build ;
whereupon I, at the request of the Harbor and Land Com-
missioners, filed an information for an injunction restraining
such proceedings. The question as to the defendant's rights
in the matter was reserved for the consideration of the full
court. The court decided that the conditi(m in the deed was
a legal and reasonable one, and must be followed. This de-
cision of the court was duly served upon the defendant, who,
for reply, said he had conveyed said property to others. A
decree requiring the defendant to remove said projections
personally and at his own expense, within thirty days, was
issued by the court, from which defendant appealed. In
November last this appeal was tried, the defendant's objec-
tions pronounced frivolous, and the decree affirmed by the
full court. The defendant Williams since that time has
entered into an absolute unequivocal written agreement to
remove said projections, satisfactory to and approved by
the Board of Harbor and Land Commissioners.
The dockets of the Superior Court are greatly over-
crowded with both civil and criminal cases, and the cases
are constantly increasing. Something must be done, and
that at once, or there will be greater complaints of the " law's
delays " than heretofore ; and there will soon be such a con-
dition of things as will amount to a substantial denial of
justice to litigants in civil cases as well as to persons charged
with crime.
I would recommend that the laws be so changed as to
allow criminals, if they so desire, to waive their right to trial
by jury, according to the practice allowed parties to civil
suits. This would give every criminal his constitutional
right to a trial by jury, if he availed himself of it, other-
wise the trial would be before the court without a jury ; gen-
erally this would result in a great saving of time and ex-
pense, and perhaps two trials of the same case.
If, in the larger counties, where the great amount of crime
centres, — e. g., Suffolk, Essex, Middlesex, Worcester, and
perhaps Hampden, — a court should be created with criminal
jurisdiction only; it would release the Superior Court, so
that its dockets would be relieved, without the appointment
of additional justices.
12 ATTOENEY-GENERAL'S EEPORT. [Jan.
I would recommend that the law be so changed as to
allow grand juries to return indictments for murder in the
second degree, in which event the same might be tried in the
Superior Court.
I renew my recommendation of last year, concerning Re-
wards for Apprehending Offenders. The offer of rewards in
this Commonwealth, for the purpose of securing the arrest
and conviction of persons who have committed capital crimes,
has worked great mischief, causing a large expenditure of
money and misdirection of effort, if not utter failure in the
detection of the murderers. I am convinced, after years of
experience in the prosecution of criminals, and upon reflec-
tion and careful consideration, 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 therefore recommend the repeal of section 12 of
chapter 212 of the Public Statutes.
I would respectfully call the attention of the General Court
to the necessity of repealing sections 21, 22, 23, and 25 of
chapter 150 of the Public Statutes. By the passage of
chapter 384 of the Acts of 1885, the above sections are put
in conflict therewith. The two statutes are incongruous
and inconsistent; and, as there ought not to be any conflict
upon so important a subject as capital trials, I recommend
the repeal of the sections cited.
Frederick J. Stimson, Esq., was appointed and acted as
Assistant Attorney-General during the illness and enforced
absence of Assistant Attorney-General Shepard. Both have
rendered faithful service, and have received the commenda-
tion of the department. The business of the department
has increased materially. The numl^er of exceptions and
reports in criminal cases from the different counties, the
number of informations filed at the relation of public officers
and of private persons, and the miscellaneous cases, are
about 75 per cent, in excess of previous years, as will
appear by the table at the beginning of this report.
The legal business of the Troy & Greenfield Railroad and
Hoosac Tunnel I fear is coming to this department, which
1886.] PUBLIC DOCUMENT — No. 12. 13
hitherto was performed by special counsel. I respectfully
request that I be allowed to appoint a law clerk, at an
annual salary of one thousand dollars.
I annex details of the work of the department, with tables.
EDGAR J. SHERMAN,
Attorney- General.
14
ATTOKNEY-GENERAL'S EEPORT. [Jan.
TABLE
Slioicing the Number of Criminal Cases pendiifig on Questions of
Law in the Supreme Judicial Cotirt during the Year endivg Jan-
21, 1886, and the Disposition thereof by Counties.
.D
X ^
U ^
a x
"O a "f
■3 g
COUNTIES.
Is §
^£§
•a '3
bo
S
1 i
2 a
3 "a
•5
u
o
Q o
f^
Bristol
2
1
1
-
-
Essex,
8
7
-
1
-
Franklin,
2
1
1
-
-
Hampshire,
8
3
~
-
-
Middlesex,
26
11
6
3
6
Norfolk,
9
5
2
1
1
Plj-mouth,
2
1
-
1
-
Suffolk,
34
20
1
2
11
Worcester,
6
8
3
-
-
Totals,
92
52
14
8
18
1886.]
PUBLIC DOCUMENT — No. 12.
15
TABLE
jShoivbig the Number and Character of Criminal 'Cases pending on
Questions of Law in the Supreme Judicial Court during the Year
ending Jan. 21, 1SS6, and the Disposition thereof.
OFFENCES.
O
J3
2 £ 5
g a
= 1
■3 s
bo >
« » 5
•a £
•S a
•3 a
p 8
c
•S 13
■° ■S
ll
bo
bb
c
■3
a
Adultery,
Assault,
3
6
2
3
-
2
1
1
Breaking and entering,
1
1
-
-
-
Burning a building,
3
3
-
-
-
Conspiracy, .
Embezzlement,
1
2
:
1
1
1
False pretences, .
3
-
-
2
1
False registration.
1
1
-
-
-
Forgery,
2
2
-
-
-
Idle and disorderly person.
Illegal fishing,
1
1
:
_
~"
1
1
Interfering with Ass't Milk Inspector,
1
-
-
-
1
Keeping a billiard table without li-
cense,
1
-
-
1
-
Larceny, . . . • .
9
2
—
-
—
Liquor, illegal keeping of, .
Liquor, illegal sale of, .
8
16
7
12
1
2
_
2
Liquor nuisance,
21
10
6
-
5
Malicious poisoning, ....
1
1
-
—
-
Nuisance,
1
1
-
-
—
Obscene publication, ....
Polygamy,
Possession of adulterated milk, .
1
1
4
2
1
1
-
2
Present at unlawful game, .
1
-
-
1
-
Receiving stolen goods.
2
1
1
-
-
Selling adulterated milk.
2
1
-
1
-
Soliciting to commit perjui'y,
1
1
-
-
-
Violation of municipal ordinance.
5
2
1
-
2
Totals, .
.
92
52
14
8
18
16 ATTOENEY-GENEEAL'S EEPOET. [Jan.
CASES
Argued and conducted by the Attorney -General, during the Year
ending Jan. 20, 1886.
County of Berkshire.
West Parish in Barnstable et al. v. The Inhabitants of the Town
of Barnstable ei aZ. and Attorne^^-General. S. J. C. Execution of
school trust. Pending.
County of Bristol,
Commonwealth v. John Moinehan. S. J. C. Single sale oj in-
toxicating liquors. Exceptions S. C. Overruled.
Commonwealth v. Philias Roy. S. J. C. Violation of city ordi-
nance. Exceptions S. C. Sustained.
County of Bristol v. Franklin Gra}'. S. J. C. Travelling
expenses of County Commissioners. Appeal S. C. Judgment
affirmed.
Commonwealth v. Charles Johnson. S. J. C. 3farder. Pend-
ing.
County of Essex.
Commonwealth v. Augustus F. Mead. S. J. C. Keeping in-
toxicating liquors ivith intent to sell illegcdly. Exceptions S. C.
Overruled.
Commonwealth v. Louis G. Hollis. S. J. C. Procuring another
to commit per jury . Exceptions S. C. Overruled.
Commonwealth v. John G. Cheney, Jr. S. J. C. Assaidt with
dangerous weapon. Exceptions S. C. Argued, but not decided.
Commonwealth v. William A. Murphy. S. J. C. Illegal sale
of intoxicating liquors. Want of jurisdiction, violation of Art. 5,
Amendment of United States Constitution. Exceptions S. C.
Overruled.
1886.]
PUBLIC DOCUMENT — No. 12.
17
Commonwealth v. Ellen McPherson. S. J. C. Same. Ex-
ceptions waived.
Commonwealth v. Charles S. Parker,
tions S. C. Overruled.
Commonwealth v. Addie Holbrook.
tions S. C. Overruled.
Commonwealth v. William Coombs,
tions S. C. Waived.
Commonwealth v. William Russell,
fendant committed to the Taunton Lunatic Asylum to await the
further order of the court.
Commonwealth v. Henr}' K. Goodwin. Murder. Defendant
guilt}' of murder in second degree.
S. J. C. Same.
S. J. C. Same.
S. J. C. Same.
Excep-
Excep-
Excep-
S. J. C. Murder. De-
CoTJNTY OF Franklin.
Commonwealth v. Elizabeth and Andrew J. Everson. S. J. C.
Unlaiofid sale of intoxicaUng liquors. Exceptions S. C. Over-
ruled.
Commonwealth v. Andrew Everson.
tained.
S. J. C. Same. Sus-
CouNTY OF Hampden.
The Attorney-General ex rel. Tax Commissioner v. Hecla Card
and Paper Company. Claim in insolvency for un^xiid taxes.
Commonwealth v. John Kemmler. S. J. C. Murder. Defend-
ant in Worcester Hospital.
Commonwealth v. Edward J. Moran. Murder. Plea of man-
slaughter. Accepted.
County of Hampshire.
Commonwealth v. Richard Preece et al. S. J, C. Setting fire to
a ivareJiouse. Exceptions S. C. Overruled.
Commonwealth v. Mary Aver. S. J. C. Adultery. Exceptions
S. C. Overruled.
Commonwealth v. George Hagenlock. S. J. C. Assault. Ex-
ceptions S. C. Overruled.
Commonwealth v. Benjamin Eastman,
fendant in Worcester Hospital.
Commonwealth v. Allen J. Adams. S
S. J. C. Murder. De-
J. C. Murder. Guilty
of murder in the first degree, and sentenced to be hung.
18 ATTORNEY-GENERAL'S REPORT. [Jan.
County of Middlesex.
Commonwealth v. Henry W. Colson. S. J. C. Conspiracy.
Exceptions S. C. Argued, but not decided.
Commonwealth v. Timothy Desmond. S. J. C. Assault with
intent to kill. Assault. Exceptions S. C. Not 3'et heard.
Commonwealth v. George M. Sawtelle. S. J. C. Embezzlement
and larceny. Exceptions S. C. Not yet heard.
Commonwealth v. John Rourke. S. J. C. Illegal sale of intox-
icating liquors. Exceptions S. C. Not yet heard.
Commonwealth v. Patrick Dorney. S. J. C. Liquor nuisance.
Exceptions S. C. Not yet heard.
Commonwealth v. George F. Colton. S. J. C. Liquor nui-
sance. Exceptions S. C. Not yet heard.
Commonwealth v. Loami G. Richardson. S. J. C. Illegal fish-
ing in a great pond. Exceptions S, C. Not yet heard.
Commonwealth v. Joseph E. Towle. S. J. C. Sale of liquors
on Sunday. Exceptions S. C. Overruled.
Commonwealth v. Charles Sinclair. S. J. C. Sale of liquors to
a minor. Exceptions S. C. Overruled.
Commonwealth v. James Barnes. S. J. C. Tenement for illegal
sale of liquors. Exceptions S. C. Overruled.
Commonwealth v. Joseph Uhig. S. J. C. Liquor nuisance.
Exceptions S. C. Overruled.
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. Joseph Sullivan. Murder. Defendant in
Taunton Lunatic Hospital.
Commonwealth v. Owen Murray. S. J. C. Illegal keeping of
liquors. Exceptions S. C. Overruled.
Commonwealth v. Charles Jacobs. S. J. C. Illegal keeping and
sale of liquors. Exceptions S. C. Waived.
Commonwealth v. Michael McGrath. S. J. C. Liquor nui-
sance. Exceptions S. C. Sustained.
Commonwealth v.' James J. Flanner3\ S. J. C. Illegal sale of
liquors. Exceptions S. C. Sustained.
Commonwealth v. Edwai:d Donahue, Jr. S. J. C. Maintaining
liquor nuisance. Exceptions S. C.
Commonwealth v. Alexander McCullon. S. J. C. 3Iaintaining
liquor nuisance. Exceptions S. C. Overruled.
Commonwealth v. Thomas Ferden. S. J. C, Illegal sale of
liquors. Exceptions S. C. Overruled.
1886.] PUBLIC DOCUMENT — No. 12. 19
Commonwealth v. James J. Barnes. S. J. C. Maintaining
liquor nuisance Exceptions S. C. Sustained.
Commonwealth v. Thomas F. Kenne}'. S. J. C. Obtaining
money under false pretences. Exceptions S. C. Argued, not 3'et
decided.
Commonwealth v. Israel Sansville. S. J. C. Maintaining a
liquor nuisance. Exceptions S. C. Sustained.
Commonwealth v. Edward Shedd alias Edward McSweene}'.
S. J. C. Breaking and entering in the night time. Exceptions
S. C. Overruled.
Commonwealth v. Thomas Leonard. S. J. C. Receiving stolen
property. Exceptions S. C. Sustained.
Commonwealth v. Annie Welch. S. J. C. Illegal keeping intox-
icating liquors. Exceptions S. C. Overruled.
Commonwealth v. Walter H. Leighton. S. J. C. Illegal sale of
intoxicating liquors. Exceptions S. C. Overruled.
Commonwealth v. William M. Devlin. S. J. C. False pre-
tences. Exceptions S. C. Argued, not yet decided
Daniel A. Gleason, Treasurers. Lowell Spool and Bobbin Com-
pany of Lowell. Proof of claim for taxes. Insolvenc}'. Pending.
William H. Wilcox, executor, et al., v. John H. Goodenow and
others, Gonstrxiction of trust. Final decree entered.
Application of Attorney-General, at request of State Board of
Health, Luuac}' and Charit}^ for the transfer of Joseph Sullivan, in-
dicted for murder, from Taunton Lunatic Hospital to Asjium for
Chronic Insane at Worcester. Granted.
Attorney-General ex rel. Saml. Patch and William Guiuan v.
Henry P. Sherman and Henry W. Howe, Commissioners of Public
Buildings. Quo loarranto to try title of. Pending.
Commonwealth v. Charles Haj^es. S, J. C. Murder. Pend-
ing.
The Attorney-General by information v. Rufus H. Brigham,
executor, et als. Report. Pending.
Petition for dissolution of Saint Mary's Orphanage. Dissolu-
tion decreed.
CouNTT OF Norfolk.
Commonwealth v. Oliver H. Perry. S. J. C. Nuisance. Ex-
ceptions S. C. Overruled.
Commonwealth v. Edward McCarty. S. J. C. Keeping a bil-
liard hall without license. Exceptions S. C. Argued, not yet
decided.
Commonwealth v. Andrew F. Hanley. S. J. C. Unlaivfd sale
of liquors. Exceptions S. C. Overruled.
20 ATTORNEY-GENERAL'S REPORT. [Jan.
Commonwealth v. Catherine Fitzpatrick. S. J. C. Liquor
nuisance. Exceptions S. C. Overruled.
Commonwealth v. Mary Flahert3\ S. J. C. Keeping liquor
nuisance. Exceptions S, C. Sustained.
Commonwealth v. Michael Kerrissey. S. J. C. Liguor
nuisance. Exceptions S. C. Not yet heard.
Commonwealth v. Wilmot F, Fisher. S. J. C. Illegal keeping
of intoxicating liquors. Exceptions S. C. Overruled.
Commonwealth v. Certain Intoxicating Liquors. Wilmot F.
Fisher, claimant. S. J. C. Same. Exceptions S. C. Sustained.
Commonwealth v. Seth Richards. S. J. C. Liquor nuisance.
Exceptions S. C. Defaulted.
Commonwealth v. Dennis Carney. Murder. Defendant in
Stoughton Almshouse.
Commonwealth v. David Scaunel. Murder. Defendant in
Taunton Hospital.
Petition of James Rowen for writ of habeas corpus, for illegal
imprisonment because of arrest without warrant. Petition dis-
missed.
County of Plymouth.
John J. Williams, Archbishop, v. Attorney General. S. J. C.
Leave to mortgage church estate in Abington. Granted.
Commonwealth v. Peter Hagan. S. J. C. Illegal sale of liquor.
Exceptions S. C. Overruled.
Commonwealth v. William J. Foley and Thomas F. Slattery.
S. J. C. Assault with dangerous loeapon. Exceptions S. C.
Pending.
County of Suffolk, Criminal.
Leander Bushman v. Commonwealth. S. J. C. Petition for
writ of error. Larceny. Judgment affirmed.
Commonwealth v. John Keenan. S. J. C. Possession of adul-
terated milk with intent to sell. Exceptions S. C. Overruled.
Commonwealth v. Hugh J. McGuirk. S. J. C. Liquor nuisance.
Exceptions S. C. Overrruled.
Commonwealth v. Isaac S. Levy. S. J. C. Forgery. Excep-
tions S. C. Overruled.
Commonwealth v. John S. Wright. S. J. C. Obscene publi-
cation. Exceptions S. C. Sustained.
Commonwealth v. Nathaniel W. Fenton. S. J. C. Obstructing
the street. Exceptions S. C. Overruled.
Commonwealth v. Charles M. Parsons. S. J. C. Forgery.
New trial. Exceptions S. C. Overruled.
1886.] PUBLIC DOCUMENT — No. 12. 21
Commonwealth v. Joseph DriscoU and Geo. Cottell. S. J. C.
Burning a building. Exceptions S. C. Waived.
Commonwealth v. James Kelle}'. S. J. C. Liquor nuisance.
Exceptions S. C. Overruled.
Commonwealth v. Henry Swift. S. J. C. Larceny. Excep-
tions S. C. Waived.
Commonwealth v. John C. Hayes et al. S. J. C. Receiving
stolen goods. Exceptions S. C. Overruled.
Commonwealth v. Edward J. Hobbs. S. J. C. 3falicious
poisoning. Exceptions S. C. Overruled.
Commonwealth v. John Flj^nu. S. J. C. AssanU and battery
on an officer. Exceptions S. C. Waived.
Commonwealth v. Albert Tobias. S. J. C. Sale of adulterated
milk. Exceptions S. C. Argued, not yet decided.
Commonwealth v. William F. Davis. S. J. C. Violation of
city ordinance; preacliing on Boston Com.mon. Exceptions S. C.
Overruled.
Commonwealth v. Rose McGaffigan. S. J. C. Assault and
battery. Exceptions S. C. Waived.
Commonwealth v. John Keenan. S. J. C. Scde of adidterated
milk. Exceptions S. C. Overruled.
Commonwealth v. Frank Mitchell. S. J. C. Murder. Not yet
tried.
Commonwealth v. Timothy Coffee and John Coffee. Murder.
Pending.
Commonwealth v. Wm. Hogarty. S. J. C. Being present at an
unlawful game. Exceptions S. C. Argued, not yet decided.
Commonwealth v. Harrison G. O. Bowers. S. J. C. Posses-
sion of adulterated milk, with intent to sell. Exceptions S. C.
Overruled.
Commonwealth v. Michael Keefe. S. J. C. Liquor nuisance.
Exceptions S. C. Overruled.
Commonwealth v. James Henderson. S. J. C. Illegal keeping
of liquors. Exceptions S. C. Overruled.
Commonwealth v. Albert W. Worcester. S. J. C. Liquor
nuisance. Exceptions S. C. Overruled.
Commonwealth v. Maud Ruisseau et al. S. J. C. Adultery.
Exceptions S. C. Overruled.
Commonwealth v. Charles L. Blood and John H. Evans. S. J.
C. Obtaining money under false pretences. Exceptions S. C.
Not yet heard.
Commonwealth v. Daniel O. Hanson. S. J. C. Possession,
with intent to sell, adulterated milk. Exceptions S. C. Not yet
heard.
22 ATTORNEY-GENERAL'S REPORT. [Jan.
Commonwealth v. Benjamin F. Holt. S. J. C. Sa7ne. Excep-
tions S. C. Not 3'et heard.
Commonwealth v. James Magee. S. J. C. Liquor nuisance.
Exceptions S. C. Not yet heard.
Commonwealth v. Karl Wachendorf, S. J. C. Illegal sale of
liquor. Exceptions S. C. Not yet heard.
Commonwealth v. Minnie Brown. S. J. C. Irlle and disorderly
l^erson. Exceptions S. C. Not yet heard.
Commonwealth v. Anson P. Rowe. S. J. C. Violation of city
ordinance. Exceptions S. C. Not 3'et heard.
Commonwealth v. Clarence A, Smith. S. J. C. Interfering
with assititant of milk inspector. Exceptions S. C. Not yet heard.
Commonwealth v. Josepli Lagorio. S. J. C. Violation of city
ordinance. P^xceptions S. C. Not 3'et heard.
Commmonwealth v. Jane A. Cameron. S. J. C. Liquor
nuisance. Exceptions S. C. Not j-et heard.
Commonwealth v. Samuel J. Allen. S. J. C. Murder. Plea
of guilty of manslaughter. Accepted.
Commonwealth v. Thomas Brennan. S, J. C. Murder. De-
fendant escaped from Taunton Lunatic Hospital, April 30, 1880.
Commonwealth v. John J. Teevens. S. J. C. Report. Suit
against sureties on a recognizance. Not yet heard.
Petition of John E. Estes for writ of habeas corpus. Refused.
James W. H. Lapworth v. Commonwealth. S. J. C. Writ of
scire facias to correct error in sentence. Disposed of.
County of Suffolk, Civil.
Attorney-General ex rel. Commissioner of Corporations v.
Stoughton Boot and Shoe Company. S. J. C, Petition for dis-
solution for failure to make returns. Decreed.
Attorney-General ex rel. Treasurer v. Cold Blast Refrigerator
Company. Insolvency. Claim for taxes. Allowed.
Attorney-General ex rel. Commissioner of Corporations v. Par-
ker Mills. S. J. C. Petition for dissolution for failure to make
returns. Dissolution decreed.
Attorney-General ex rel. Commissioner of Corporations y. Amer-
ican Door Hanger Company, S. J. C. Petition for dissolution for
failure to make returns. Dissolution decreed.
Attorney-General ex rel. Harbor and Land Commissioners v.
Henry Bigelow Williams. S. J. C. Lijunction to restrain build-
ing of hay tvindoivs over jxissage-way on Back Bay. Final de-
cree. Bay windows to be removed.
Attorney-General ex rel. Insurance Commissioner v. People's
1886.] PUBLIC DOCUMENT — No. 12. 23
Benefit Association. S. J. C. Injunction against 'business and
removal of treasurer. Temporary injunction granted. Pending.
Attorne3"-General ex rel. Insurance Commissioner v. Massachu-
setts Relief Association. S. J. C. Injunction against further
business. Bill dismissed.
Attorne3'-General ex rel. Insurance Commissioner v. American
Benefit Association. S. J. C. Injunction against further business.
Appointment of a receiver. Granted.
Attorney-General ex rel. Insurance Commissioner v. American
Benefit Society. S. J. C. Injunction against further busiiiess.
Final injunction gTanted.
Attorney-General ex rel. Commissioner of Corporations v. Bos-
ton Horse Shoe Company. S. J. C. Petition for dissolution for
faihire to make returns. Dissolution decreed.
Commonwealth, by Board of Commissioners of Savings Banks, v.
North Bridgewater Savings Bank. Same v. Sandwich Savings
Bank. Same v. Reading Savings Bank. Same v. Scituate
Savings Bank. Same v. Lancaster Savings Bank. S. J. C. Pe-
tiiions for injunctions and winding up of affairs. Affairs iu the
hands of receivers.
Commonwealth, by Board of Savings Bank Commissioners, v.
Mechanics' Savings Bank. Same v. Barnstable Savings Bank.
Same v. West Boston Savings Bank. Same v. Mercantile Savings
Bank. Same v. Rockport Savings Bank. Same v. Lexington
Savings Bank. Same v. Needham Savings Bank. S. J. C. Peti-
tion for injunctions and ivinding up of affairs. Discharged and
settled.
Commonwealth, by Insurance Commissioners, v. New England
Marine Insurance Company. Same v. Conway Mutual Fire Insur-
ance Company. S. J. C. Petitions for injunctions and ivinding
vp of affairs. Affairs in the hands of receivers.
Commonwealth, by Deput}' Insurance Commissioner, v. Neptune
Insurance Company. S. J. C. Petition for injunction and ivind-
ing uj} of affairs. In the hands of a receiver.
Commonwealth, by Deput3' Insurance Commissioner, v. Exchange
Insurance Company. Same v. Boston Fire Insurance Company.
Same v. Manufacturers' Insurance Company. Same v. Howard
Fire Insurance Compan}'. Same v. Shoe and Leather Dealers' In-
surance Company. Same v. Franklin Insurance Company. Same
V. Washington Insurance Compan}^ S. J. C. Petitions for in-
junctions and wilding up of the affairs. Settled, and receivers dis-
charged.
The Attornej'-General ex rel. Treasurer v. Warner File Compan}'.
S. J. C. Information fo r not maMng returns. Discontinued.
24 ATTORNEY-GENERAL'S REPORT. [Jan.
Commonwealth -v. Boston & Alban}- Railroad Company. S. J. C.
Information to restrain the payment of dividends. Demurrer sus-
tained. Case reported to the full court. Pending.
Commonwealth v. Boston «& Albany Railroad Company. S. J. C.
Information to restrain the issue of 6^527 shares. Demurrer sus-
tained. Case reported to the full court. Pending.
The Attorney-General ex rel. A. W. LoclvC, Manager Troy &
Greenfield Railroad and Hoosac Tunnel, v. Fitchburg Railroad.
S. J. C. Complaint to enforce compliance ivith rule of manager.
Pending.
The Attorney-General ex rel. Railroad Commissioners and
Selectmen of the Town of Wareham v. Onset Ba}^ Grove Associa-
tion and E. Gerry Brown. S. J. C. Injunction to restrain the
operation of railroad. Pending.
Petition of Trustees of Hawes Fund in Boston for instructions
under will. S. J. C. Pending.
Deposition to perpetuate testimony of Robert Caldwell, Machay
and Thomas Lamb of Boston in re will of Thomas Thompson of
New York.
Commonwealth, by Board of Savings Bank Commissioners, v.
Emigrant Savings Bank. S. J. C. Petition of bank for decree to
pay over balance on hand to State treasury.
Attorney-General ex rel. WilUara R. Mann and others, Commit-
tee of Inhabitants of the Town of Sharon, v. Revere Copper Com-
pany. S. J. C. Information for injunction against dratuing water
from Massapoag Pond. Pending.
Mary J. Moore, Mary B. Thompson and Belinda A. Dolan, peti-
tioners, V. Commonwealth. S. J. C. Damages for fiats taken by
Harbor and Land Commissioners. Not j'et heard.
Town of Milford, petitioner, v. Commonwealth. S. C. Repay-
ment for support of pauper. Not yet heard.
Martin Wesson, petitioner, v. Commonwealth. State Work-
house contract. Decision for Commonwealth. Motion for new
trial.
Roland G. Usher, Warden, v. Prusha Rubber Company. Co7i-
tract. S. C. N. P.
Roland G. Usher, Warden, v. Ira Blanchard. S. C. Contracts.
Decision for Commonwealth. $1,225.00 collected and paid to
Warden.
Richard T. Parker, et cd., Trustee, v. City of Gloucester. S. J.
C. Petition to confirm sale of land.
Metropole Insurance Company v. Commonwealth. S. J. C.
Petition for securities in custody of Treasurer. Granted.
1886.] PUBLIC DOCUMENT — No. 12. 25
Eugene B. Hinkley, Executor, v. Susan Cony Thatcher and
others. S. J. C. Construction of a will. Final decree ended in
June.
George White, Executor, v. City of Boston et al. S. J. C.
Pending.
Horticultural School for Women v. Attorney-General. S. J. C.
Construction of a trxLst. Final decree entered in June.
Commonwealth v. J. O. Wetherbee et al. Suit for penalty for
not making returns. Judgment for Commonwealth. Satisfied.
Alfred F. Bacon et al. v. Chandler B. Ransom et al. S. J. C.
Charitahle trust. Bill dismissed.
Francis J. Stratton et al. v. The Attorney-General. S. J. C.
Charitable trust. Pending.
The Attorney-General v. Proprietors Rowe's Wharf. S. J. C.
Information for an injunction. Not \'et heard.
In re Estate of William Hale. Probate Court. Claim of next
of kin. Pending.
Ill re Palestine Railroad. S. J. C. Petition for dissolution.
Dissolution decreed.
Commonwealth, by Deputy Tax Commissioner, v. United States
Cord Company. Same v. United Watch Company. Same v. Wil-
low Dale Company. Same v. Woolson Machine Compan}'. Same v.
Tull}^ Mills. Same v. Tripp Metallic Packing Company. Same v.
Thorp Manufacturers' Company. Same v. Sunapee Mill Compan}'.
Same v. Stone Horse Shoe Company. Same v. Star Company.
Same v. Snow Paper Company. Same v. S. L. Wile}^ Construc-
tion Company. Same v. Prang Educational Company. Same v.
Music Hall Association. Same v. Mayall Patent Compan3\ Same
V. Massachusetts Rolling Stock Company. Same v. Manufactur-
ers' Gazette Publishers Compan3\ Same v. Lechemere Render-
ing Company. Same v. Lancaster Slate Company. Same v. L.
L. Brown Company. Same u. Jamaica Pond Aqueduct Company.
Same v. Consumers' Gas Light Company'. Same v. Citizens' Gas
Light Company. Same v. Byfield Manufacturers' Company'. Same
V. Budget Publishing Company. Same v. Boston Pulp Wheel
Compan}'. Same v. Boston Exhaust Ventilator Company'. Same
V. Barnes Manufacturers* Compan3^ Same v. American Cultivat-
or Company. Same v. Adams Gas Light Compan}'. Same v.
Boston Gas Improvement Company. Same v. Boston Metallic
Harness Lug. Company. Same v. Dwight & Hoj't Construction
Company. Same v. Eagle Mill Company. Same v. Columbia
Rubber Company. Same v. Essex Steam Mill Company. Same
V. Fitchburg Tool Company. Same v. Franco American Publish-
ing Company. Same v. Hampden Watch Company. Same v.
26 ATTORNEY-GENERAL'S REPORT. [Jan.
Hotel Pemberton Company. Same v. Ideal Coffee Compaii}'.
Same v. Lagoon Pond in Dukes County. Same v. Merrimac Navi-
gation and Express Company. Same v. National Steam Boiler
Company. Same v. Phoenix Brewing Company. Same -u. Pittsfield
Public Hall and Rink. Same v. South Shore Steamship Company.
Same v. Union Bark Mill Company. Same v. Union Chemical
Company. Same v. Florence Machine Company. Same v. Dean
Steam Pump Company. Proceedings to compel returns under chap-
ter 13, section 38 of the Public Statutes. Complied with. No in-
formation filed.
Commonwealth, by Tax Commissioner, v. Serson Kauffer Elec-
tric Battery Company. Same. Pending.
Attorney-General ex rel. Treasurer v. American Cultivator
Publishing Company. Same /;. Boston and Hingham Steamboat
Company. Same u. Brockton and South Abington Street Railway
Company. Same v. Budget Publishing Company. Same v. Butcher
Polish Company. Same v. Chas. T. Bates Manufacturing
Company. Same v. Charlestown Enterprise Company. Same v.
Crystal Emery Wheel Company. Same v. Chicopee Folding Box
Company. Same v. Currier Telephone Bell Company. Same v.
Duplex Tag Company. Same v. Eliott Paper Box Company.
Same v. Hall Elevator Safety Attachment Compan3\ Same v.
Knights of Labor Cooperative Publishing Company. Same v.
Lighthall Cable Tramway Company of Boston. Same v. Magneso
Calcite Fire Proof Compan}-. Same v. Manufacturers' Gazette
Publishing Company. Same v. Mayall Patent Compan}'. Same v.
Merrimac River Towing Company. Same v. The Mutual News
Company. Same v. National Color Printing Compan}'. Same v.
Oriental Coal Oil Company. Same v. S. K. Smith Silk Manu-
facturing Company. Same v. S. L. Wile}' Construction Company-.
Same v. United Manufacturing Company. Same v. Western Union
Telegraph Company. Same v. The L: A. May Company. Pro-
ceeding against, for failure to pay corporation tax. Pending.
County of Worcester.
Commonwealth v. Intoxicating Liquors, P. H. Morrison, claim-
ant. Illegal Keeping. S. J. C. Exceptions. S. C. Sustained.
Commonwealth v. Jonathan R. Haskell. S. J. C. Burning a
building. Exceptions. S. C. Overruled.
Commonwealth v. John McGrath. S. J. C. Polygamy. Ex-
ceptions S. C. Sustained.
Commonwealth v. Franklin Este. S. J. C. Embezzlement. Ex-
ceptions S. C. Sustained.
1886.] PUBLIC DOCUMENT— No. 12. 27
Coninionwealth v. Certain Intoxicating Liquors, Palmer antl
Madigan, claimants. S. J. C. Illegal Keepiiig. Exceptions S.
C. Waived.
Commonwealth v. Maurice W. Hennigan. 8. J. C. False Reg-
istration. Excejjtions S. C. Waived.
Railroad Commissioners.
Appeal of Fitchburg Railroad Company to annul order of A. W.
Locke, Manager Tro}- & Greenfield Railroad and Hoosac Tunnel.
Order of manager coufirmed. Appeal dismissed.
United States Circuit Court.
Henry A. Brassey v. New York & New England Railroad et al.
Petition for appointment of receiver. Receiver appointed by Cir-
cuit Court of Connecticut, Dec. 31, 1883. Dicharged Dec. 31,
1885.
Hannah B. Hall, administratrix estate George M. Hall, v. A. W,
Locke, eia^, Manager Troy & Greenfield Railroad and Hoosac
Tunnel. Suit for injuries received on defendant's road. Not j'et
tried.
Hannah B.Hall, administratrix estate Agnes M. Hall, v. Augus-
tus W. Locke, etal., Manager, etc. Same. Not vet heard.
28 ATTORNEY-GENERAL'S REPORT. [Jan.'80
CASES
Requiring the Attorney- General's Supervision during the Year
though not conducted by him.
Attorney-Genera] ex rel. v. James O. Parker. S. J. C. Trust
Pending,
Attorney-General ex rel. v. William B. Washburn et al. Char-
itable Trust.
Attorney-General ex rel. B. H. and H. P. Nash v. City of Boston
et al. S. J. C. Injunction to restrain the removal of sidewalk on
Boylston Street., Boston. Pending.
Attorney-General ex rel. Bay State Gas Company', quo loarranto.
Pending.
I
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