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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 



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