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

PUBLIC DOCUMENT. No. 12. 



ANNUAL REPORT 



attoe:rey-geneeal 



FOR THE 



YEAR 1887 



BOSTON : 

WRIGHT & POTTER PRINTING CO., STATE PRINTERS, 

18 Post Office Square. 

1888. 



PUBLIC DOCUMENT. No. 12. 



ANNUAL REPORT 



' ATTOE]^EY-GE]^EEAL 



YEAR 1887. 



BOSTON : 

WRIGHT & POTTER PRINTING CO., STATE PRINTERS, 

18 Post Office Square. 

1888. 

6. 



Ui 



C0mm0ntoealtb of Massatbnsetts. 



Attorney-General's Department, Commonwealth Bvildinq, 

Boston, Jan. 18, 1888. 

Hon. Charles ,T. Notes, Speaker of the House of Representatives : 

I have the honor to submit to the General Court, herewith 
enclosed, the annual report of this department. 



Very respectfully. 



A. J. WATERMAN, 

Attorney- General, 



Commontoealt^ of Hassat^usrtts* 



Attornet-Generai/s Department, Commonwealth Building, 

Boston, Oct. 1, 1887. 

To the Honorable Speaker of the House of Eepreseniaiivcs : 

In accordance with section 9 of chapter 17 of the Public 
Statutes, I have the honor to submit to the General Court so 
much of the annual report of this department as relates to 
the work therein prior to October 1st. The tables and lists 
of cases, and a description thereof, are made up for the full 
year, and will be found upon pages 18 and 19. 

During the year 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 Middlesex. 

At East Cambridge, on June 21, the trial of James E. 
Nowlin of Somerville, for the killing of George A. Codman 
at Somerville, on the 4th of January, 1887. Justices Field 
and William Allen presided. 

The facts of the crime — one of the most atrocious, all 
things considered, of any in the history of Middlesex County 
— are briefly as follows : — 

Upon the 4th and 5th of January, 1887, there were found 
distributed for some considerable distance alona: the road 
leading to Lexington, the bloody clothing and the dismem- 
bered parts of a human body ; the head being in one place, 
the trunk in another, the legs and ar^ns in still other places, 
and bloody clothing in a yet difl'ei nt place. James E. 
Nowlin, who was employed by George A. Codman in the 
conduct of his milk business, was suspected and finally 



6 ATTORNEY- GENERAL'S REPORT. [Jan. 

arrested. Novvlin was only 17 years of age, and at first it 
was thought impossible that one so young should have com- 
mitted so fearful a crime ; but the police were of a different 
opinion, as they knew him to be of a vicious disposition. At 
first Nowlin made several statements denying the commis- 
sion of the crime and implicating others, all of which were 
contradictory, and finally made a full confession, in which he 
acknowledged that he alone committed the crime. Nowlin 
was sufficiently acquainted with Codman's business to know 
that he had, at certain times, large sums of money about 
him, and it appears that it was his desire to obtain this 
money that led him to the commission of this crime. He 
lay in wait for Codman in his barn, and there, with an im- 
mense butcher knife, attacked Codman wholly unawares, and 
at the first thrust cut his throat almost from ear to ear. 
Codman had just life enough to cry out, "Don't, Ed !" 
Nowlin then, to make sure of his work, struck Codman 
many blows on the head with an axe. He then hewed him 
to pieces and hid the dismembered parts in a blanket under 
a pung. After endeavoring to conceal the evidence of his 
crime, he proceeded to perform his regular duties in the 
delivery of the miik. After that, and the eating of a good 
dinner, he returned to the stable and mutilated the body 
ill various ways, for the purpose of preventing identification. 
He had found little money upon Codman's person, but taking 
his keys he coolly went to his house and said Codman had 
sent him for his money, and succeeded in obtaining $295. 
He then returned to the barn, and placing the various parts 
of the l)ody in the pung, drove rapidly toward Lexington, 
distributing the body as found the next day. 

The oovernment claimed that the murder was committed 
for the sake of robbing Codman ; that Nowlin went to the 
stable on the night of the 3d of January intending to com- 
mit the crime ; that after the crime was committed the 
clothing was destroyed, and the terrible mutilation made, 
for the purpose of concealing the crime. 

The defence was insanity. It was claimed that Nowlin 
nad, from time to time, shown symptoms of insanity, and 
that he had inherited it from his family ; and evidence upon 



1888.] PUBLIC DOCUMENT — No. 12. 7 

this point was introduced, it appearing in evidence that his 
father hung himself while in prison, and that some of his 
relations were known as " queer." 

The trial lasted for four days, and ended on the night of 
the fourth day at ten o'clock, at which time the jury returned 
a verdict of guilty of murder in the first degree. 

On July (3, 1»87, the prisoner was sentenced to be hung 
on Friday, January 20, 1888. 

The case was ably conducted for the defence by H. E. 
Fales and Charles C. Mellen, Esqs. District-Attorney 
William Stevens assisted me, and he and the officers who 
prepared the case for trial deserve much credit. 

The other murder cases pending at the lime of the last 
annual report of this department have been disposed of as 
follows : — 

Patrick McDonald of Athol, Worcester County, for the 
murder of his wife, Margaret McDonald, with an axe, on 
August 18, 1886. Plea of guilty of murder in the second 
degree accepted. Prisoner sentenced to State prison for 
life. 

Abram J. Lamb, alias Sarah B. Wheaton, and Mary B. 
Eliot, all of Boston, Suffolk County, for the murder of 
Abram J. Lamb, alias the younger of that name, by poison, 
on October 1(5, 18S6. Prisoners discharged; evidence in- 
sufficient. 

Emil F. Kempf of Boston, Suffolk County, for the mur- 
der of George F. Emmons, with a knife, November 25, 
188(3. Plea of guilty of murder in the second degree 
accepted. Prisoner sentenced to State prison for life. 

William B. O'Connor, otherwise Jockey Connor, of Law- 
rence, Essex County, for the murder of Hannah Langan, 
with an axe, July 25, 18-^6. Plea of guilty of murder in 
the second degree accepted. Prisoner sentenced to State 
prison for life. 

Samuel Mitchell of Lynn, Essex County, for the murder 
of Ada Tyler, on the 22d of January, 1887, with a razor. 
Plea of guilty of murder in the second degree accepted. 
Prisoner sentenced to State prison for life. 



8 ATTORNEY- GENERAL'S REPORT. [Jan. 

The case of the Attorney-General ex reh Treasurer v. 
Western Union Telegraph Company is one of the most im- 
portant which has required the attention of the department, 
and because of its far-reaching effects a brief summary of 
its main featuies is here given. 

The suit of the Attorney-General was originally brought 
b}' information at the relation of the Treasurer in the Su- 
preme Judicial Court, and was for the non-payment of the 
corporation tax assessed upon the Western Union Telegraph 
Company. 

The defendant corporation, being a foreign corporation, 
exercised its legal right by immediately removing the case 
to the United States Circuit Court for the Massachusetts 
district, in which court the case came on, and was duly 
argued by Harvey N. Shepard, Esq., Assistant Attorney- 
General for the Commonwealth, and Hon. G-^orge S. Hale 
for the company. The point in issue, and raised by the 
defendant, had to do with the manner of the assessment of 
the tax, which had to do with the amount thereof. 

The position taken by the defendant is that this tax, lev- 
ied under chapter 13 of the Public Statutes of Massachusetts, 
is illegal : first, because of its operation and effect upon a 
franchise granted by the United States, and used for its pur- 
poses and benefit; second, because it is a tax upon inter- 
state or foreign commerce; third, because it is in effect 
levied upon real estate located and taxed in another State. 

If the defendant's claim was allowed it would practically 
exempt this company, and other telegraph companies who 
have accepted the Act of Congress (^f July 24, 1866, from 
taxation not only in this State, but eventually in every 
State. Other points were made by the defendant, but this 
was the one the most relied upon. The case has not been 
decided. 

Two cases, — Wesson v. Commonwealth and the Town of 
Milford V. Commonwealth, — both referred to in the last 
report of the department as of considerable interest, inas- 
much as in their decision an interpretation, as to effect and 
limitation, of chapter 195 of the Public Statutes was neces- 



1888.] PUBLIC DOCUMENT — No. 12. 9 

sary, have been finally decided. These cases were tried 
before three Judges of the Superior Court, sitting together, 
as provided in said chapter. The claims of the petitioner 
were disallowed, and the case was taken, on report, to the 
Supreme Judicial Court, where they Avere subsequently 
argued and decided in favor of the Commonwealth, the court 
saying that under this statute the claims which may be sued 
must be founded on a contract made by the Commonwealth 
for the payment of money, and that the statute did not give 
the court jurisdiction over all claims against the Common- 
wealth. (See 144 Mass., pp. 60 to 66.) 

Section one of chapter 195 aforesaid was amended by 
chapter 246 of the Acts of 1887, so that the Superior Court 
now has jurisdiction of all claims against the Commonwealth, 
whether in law or in equity. 

In accordance with the authority given me by chapter 214 
of the Acts of 1886, for the publication of reports in capital 
trials, I have had prepared the proceedings in the trial of 
Thomas W. Piper for the murder of Mabel H. Young, the 
same having been published and distributed in accordance 
with the provisions of that chapter. The second volume of 
this series now being prepared, and partially in the hands of 
the printer, is the trial of Henry K. Goodwin for the murder 
of Albert D. Swan, in which the rule regarding the burden 
of proof in murder cases where insanity is the defence is 
changed, will, probably, be ready for distribution within a 
few months. 

In August I attended, as representing the Commonwealth, 
the Inter-State Extradition Conference, held at the room of 
Association of the Bar of New York City. The conference 
remained in session three days and accomplished good work. 
A set of rules and regulations appertaining to the greater 
uniformity in matter of requisitions were drawn up and 
accepted. They have since been adopted by executive order 
in this Commonwealth, and probably in the several other 
States represented. 

As these rules are few in number, and different in many 
particulars from the old rules, they are here printed : 



10 ATTOKNEY- GENERAL'S REPORT. [Jan. 



RULES OF rHACTICE IN REQUISITION CASES. 



Every application to the Governor for a requisition upon the 
executive authority of any other State or Territory, for the de- 
liver}' \\\) and return of an}' offender who has fled from the justice 
of this State, must be made by the district or prosecuting attorney 
for the county or district in which the offence was committed, and 
must be in duplicate original papers, or certified copies thereof. 

The following must appear by the certificate of the district or 
prosecuting attorney : — 

(a.) The full name of the person for whom extradition is asked, 
together with the name of the agent proposed, to be properly spelled. 

(6.) That in his opinion the ends of public justice require that 
the alleged criminal be brought to this State for trial, at the public 
expense. 

(c.) That he believes he has sufficient evidence to secure the 
conviction of the fugitive. 

[d.) That the person named as agent is a proper person, and 
that he has no private interest in the arrest of the fugitive. 

(e.) If there has been any former application for a requisition 
for the same person, growing out of the same transaction, it must be 
so stated, with an explanation of the reasons for a second request, 
together with the date of such application, as near as may be. 

(/. ) If the fugitive is known to be under either civil or criminal 
arrest in the State or Territory to which he is alleged to have fled, 
the fact of such arrest and the nature of the proceedings on which 
it is based must be stated. 

(g.) That the application is not made for the purpose of enforc- 
ing the collection of a debt, or for any private purpose whatever, 
and that if the requisition applied for be granted, the criminal pro- 
ceedings shall not be used for any of said objects. 

(/i.) The nature of the crime charged, with a reference, when 
practicable, to the particular statute defining and punishing the same. 

(t). If the offence charged is not of recent occurrence, a satis- 
factory reason must be given for the delay in making the application. 

1. In all cases of fraud, false pretences, embezzlement or for- 
gei'y, when made a crime by the common law, or any penal code 
or statute, the affidavit of the i)rincipal complaining witness or 
informant that tiie application is made in good faith, for the sole 
purpose of punishing the accused, and that he does not desire 
or expect to use the prosecution for the pui-pose of collecting a 



1888.] PUBLIC DOCUMENT — No. 12. 11 

debt, or for any private purpose, and will not directly' or indi- 
rectly use the same for any of said purposes, shall be required, 
or a sufficient reason given for the absence of such affidavit. 

2. Proof by affidavit of facts and circumstances satisfying the 
Executive that the alleged criminal has fled from the justice of 
the State, and is in the State on whose Executive the demand is 
requested to be made, must be given. The fact that the alleged 
criminal was in the State where the alleged crime was committed 
at the time of the commission thereof, and is fouud in the State 
upon which the requisition was made, shall be sufficient evidence, 
in the absence of other proof, that he is a fugitive from justice. 

3. If an indictment has been found, certified copies, in dupli- 
cate, must accompany the application. 

4. If an indictment has not been found by a grand jury, the 
facts and circumstances showing the commission of the crime 
charged, and that the accused perpetrated the same, must be 
shown by affidavits taken before a magistrate (a notary public is 
not a magistrate within the meaning of the statutes). It must 
also be shown* that a complaint has been made, copies of which 
must accompany the requisition, such complaint to be accompan- 
ied by affidavits to the facts constituting the offence charged by 
persons having actual knowledge thereof, and that a warrant has 
been issued, and duplicate certified copies of the same, together 
with the returns thereto, if any, must be furnished upon an 
application. 

5. The official character of the officer taking the affidavits or 
depositions and of the officer who issued the warrant must be duly 
certified. 

6. Upou the renewal of an application, — for example, on the 
ground that the fugitive has fled to another State, not having been 
found in the State on which the first was granted, — new or certi- 
fied copies of papers, in conformity with the above rules, must be 
furnished. 

7. In the case of any person who has been convicted of any 
crime, and escapes after conviction, or while serving his sentence, 
the application may be made by the jailer, sheriff or other officer 
having him in custody, and shall be accompanied by certified cop- 
ies of the indictment or information, record of conviction and 
sentence upon which the person is held, with the affidavit of such 
person having him in custody, showing such escape, with the cir- 
cumstances attending the same. 

8. No requisition will be made for the extradition of any fugi- 
tive except in compliance with these rules. 



12 ATTOENEY-GENEEAL'S EEPOET. [Jan. 

Being about to retire from the office of the Attorney- 
General, after having had the honor of serving the Com- 
monwealth in that capacity for nearly five years, I can with 
propri'^ty recommend that the salaries of the officers in the 
department be increased. The work therein has and is 
materially increasing. Every year shows a greater volume 
of work, much of which is not and cannot well be noted in 
the annual report of the department. In 1«79, when the 
general reduction of salaries of State officers was made, the 
salary of the Attorney-General was reduced from live thou- 
sand to four thousand dollars. In the case of all other 
officers whose salaries were reduced a corresponding in- 
crease has been had. I would recommend that the salary 
of the Attorney-General be fixed at the amount paid be- 
fore the reduction of 1879, and that the salaries of the 
two assistants be, at least, twenty-five hundred and two 
thousand each, respectively. I would also recommend, 
as being a matter of need, that the assistant in the de- 
partment known as Law Clerk be made a second assistant 
attorney-general, with the salary above noted. This change 
is of importance in that, at present, the law clerk, although 
fully competent so to do, cannot, as law clerk, well repre- 
sent the department at all times in all the courts. 

The collections of the year are large in amount, and were 
obtained from between forty and fifty diflercnt corporations 
and individuals. The total amount collected (for a more par- 
ticular description of which see pp. 38 and 39, of this report) 
was $21,299.55. Of this amount $20,756.60 was received 
from corporations for taxes; $25 for fees, and $517.95 from 
insurance assents for taxes. 

The department has been called upon to advise Avith the 
heads of other departments of the State government to an 
unusual extent during the year. 

Harvey N. Shepard, Esq., and Henry A. Wyman, Esq., 
continued in the offices of Assistant Attorne\^-General and 
Law Clerk, and have rendered faithful and efficient service. 

EDGAE J. SHERMAN, 

Attorney- General. 



1888.] PUBLIC DOCUMENT — No. 12. 13 



dDnmmnnfocaltlj of Passar^usrfts* 



Attorney-General's DEi'ARTatENT, Commonwealth Btilding, 

Boston, Jan. 18, 1888. 

To the Honorable, Speaker of the House of Representatives : 

In accordance with section 9 of chapter 17 of the Piiblic 
Statutes, I have the honor to submit to the General Court so 
much of the annual report of this department as relates to 
the work therein since October 1st, 1887. 

Of the indictments pending for murder at the time of my 
accession to this office, one has been tried. As the law now is, 
murder trials must be had before two or more of the justices 
of the Supreme Judicial Court at a stated or special jury term, 
or before the full court at a law term. Sarah J. Robinson 
was arrested August 11, 1886, at Somerville, in Middlesex 
County, on a complaint against her for murdering her son, 
William J. Robinson, by administering to him arsenic, and 
after examination was committed to jail, and at the February 
Term, 1887, of the Superior Court, the grand jury for said 
county returned an indictment against her for murder. 
Early in November last, upon consultation with the District 
Attorney, Hon. W. D. Stevens, and Messrs. Goodrich & 
Crane, counsel for Mrs. Robinson, and myself. His Honor 
Chief Justice Morton assigned Monday, the 12th of Decem- 
ber, at East Cambridge, for her trial before Justices Field 
and Knowlton, of the Supreme Judicial Court; and the trial 
was had, as assigned, lasting six days, and the jury, without 
agreeing upon a verdict, after nearly twenty-four hours' de- 
liberation, were discharged, and the prisoner remanded to 
jail, where she has been since her first arrest, being held 
upon this and the four other indictments pending against 



14 ATTORNEY- GENERAL'S REPORT. [Jan. 

her for murder, found at the same term of Court. The sixth 
day of February next has been assigned for her trial upon 
one of the other of said indictments. 

The law requires that trials for murder " shall be had as 
soon after the finding of the indictment as the other official 
duties of the justices admit," etc. I would suggest, in view 
of the increased and increasing duties of the justices of the 
Supreme Judicial Court, whether it would not be wise to 
change the law, so that murder trials may be had in the 
Superior Court. It seems to me that it would not endanger 
the rights of the prisoner, and trials would be much more 
readily obtained, and somewhat more economically con- 
ducted. 

The following indictments for murder are now pending : — 

Adolph A. Albrecht of Boston, Suffolk County, for the 
murder of Edward Flanigan, on the 28th of March, 1887, 
by shooting with a pistol. 

Adolph A. Albrecht of Boston, Suffolk County, for the 
murder of David Lanahan, on the 28th of March, 1887, by 
shooting with a pistol. 

Thomas Smith of Gloucester, Essex County, for the mur- 
der of Thomas A. Lomasney, on the 25th day of April, 1887, 
by drowning in harbor at Gloucester. 

Annie Townes of Cambridge, Middlesex County, for the 
murder of Edward Townes, on November 16, 1886, by 
poisoning with arsenic. 

Herbert I. Hoxie of New Bedford, Bristol County, for the 
murder of Herbert L. Woodward, otherwise Herbert L. 
Hoxie, by pushing him into the Acushnet River, on Au- 
gust 9, 1885, whereby he was drowned. 

Sarah J. Robinson of Somerville, Middlesex County, for 
the murder of Thomas Arthur Freeman, on July 1, 1886, 
by poisoning wnth arsenic. 

Sarah J. Robinson of Somerville, Middlesex County, for 
the murder of Prince Arthur Freeman, on June 20, 1885, by 
poisoning with arsenic. 

Sarah J. Robinson of Somerville, Middlesex County, for 
the murder of Moses Williams, on July 1, 1882, by poison- 
ing with arsenic. 



1888.] PUBLIC DOCUMENT — No. 12. 15 

Sarah J. Robinson of Somerville, Middlesex County, for 
the murder of Oliver Sleeper, on August 1, 1881, by poison- 
ing with arsenic. 

Sarah J. Kobinson of Somerville, Middlesex County, for 
the murder of Lizzie A. Robinson, by poison, on Febru- 
ary 1, 1886. 

Sarah J. Robinson of Somerville, Middlesex County, for 
the murder of William J. Robinson, by poison, on Au- 
gust 9, 1886. 

• 

Savings Deposits. — My attention has been called to the 
interest the Commonwealth may have in deposits of long 
standing in the several savings banks, and under and by reason 
of the statute of 1887, chapter 319, it has been made to 
appear that there are probably sums to a large amount re- 
maining in the savings banks upon which no interest is accu- 
mulating, and which, under the laws, rightfully belong to the 
Commonwealth. I suggest some legislation requiring all 
amounts, which have remained on deposit for more than 
twenty years unclaimed, to be paid into the treasury of the 
Commonwealth, to be held and used under such conditions 
as may be deemed best. 

The suit of William Washburn v. the Commonwealth, 
brought in the Suffolk Superior Court, under chapter 246, 
Acts of 1887, involves the right of the plaintiff to recover on 
equitable grounds for certain services alleged to have been 
rendered at the request of a joint standing committee on 
the State House of the General Court of 1878. An appro- 
priation of $1,050 was made by the Legislature of 1885, to 
settle the claim — that sum representing the value of plans of 
the petitioner actually taken and used — but the sum has not 
been accepted or paid, and the claimant now seeks equitable 
relief in his present proceeding. The cause will shortly be 
heard on demurrer. 

A suit is now pending between the Commonwealth and 
the Troy and Boston Railroad Company, involving the collec- 
tion of the annual rental of twelve thousand dollars clue the 
State under an old lease of the Southern Vermont Railroad 



16 ATTORNEY- GENERAL'S REPORT. [Jan. 

Company to the Troy and Boston Railroad Company, dated 
November 1, 1856. ' 

Subsequent to the execution of the lease, the franchise 
and property of the Southern Vermont Railroad, with the 
rent reserved in said lease, was conveyed to the Troy and 
Greenfield Railroad Company. In 1860 the capital stock of 
the Southern Vermont Railroad Company, together with the 
rent reserved in said lease, were assigned in mortgage to 
the Commonwealth as security for advances of credit, etc. 
This mortgage was foreclosed, and in 1884 the Troy and 
Greenfield Railroad Company executed a release to the Com- 
monwealth by which the title to the property became abso- 
lute in the State, subject to the lease and annual rental 
above described. 

This rental was paid by the Troy and Boston Company 
until May, 1883, when for some alleged failure of lessor to 
perform certain conditions of the lease further pa3'ment was 
refused. 

The suit is now pending in the Superior Court, Suffolk 
County. 

The case of the Attorney-General ex. rel. Treasurer v. 
Western Union Telegraph Company, Avhich my predecessor 
in oflSce reports as pending in the Circuit Court of the 
United States, was decided on November 28, by Judge Colt, 
in favor of the Commonwealth, who decreed that an injunc- 
tion should issue unless the tax was paid within thirty days. 
The defendant appealed the case to the Supreme Court of 
the United States, which vacates the decree of the Circuit 
Court. 

As the case is one of importance, and as there are the 
taxes of three years already pending upon its decision, the 
department asked the Supreme Court of the United States 
to advance the case for a speedy hearing. Assistant Attor- 
ney-General Bliss went on to Washington and submitted the 
motion, and the case has been set down for Fel)ruary 13th 
next for argument. 

I endorse the recommendation of my predecessor in office, 
that the assistant known as the Law Clerk be made a 



1888.] PUBLIC DOCUMENT — No. 12. 17 

second Assistant Attorney-General, with at least the salary 
recommended by him. When I came into the office, Henry 
A. Wyman, Esq., was acting as Law Clerk, and I immedi- 
ately reappointed him to that position. Harvey N. Shopard, 
Esq., the former Assistant Attorney-General, resigned with 
Attorney-General Sherman and declined to accept from 
me a reappointment, and Mr. Wyman ably performed 
all the duties of both Law Clerk and Assistant, till I ap- 
pointed Henry C. Bliss, Esq., of Springfield to fill the va- 
cancy' caused by Mr. Shepard's resignation. 

Both Mr. Wyman and Mr. Bliss have rendered very 
valuable services in the business of the office. 

Details of the work of the department for the whole year, 
with tables, are annexed. 

ANDREW J, WATERMAN, 

Attorney- General. 



18 



ATTORNEY- GENERAL'S REPORT. 



[Jan. 



TABLE OF CASES. 



The total number of cases that have reqnh*ed the attention 
of the department is 513. The foUowing table is a classifi- 
cation thereof : — 





1886. 


1887. 


Indictments for mvu'der, 

Exceptions and reports in criminal cases, . 
Information upon relation of joublic oiBcers, 
Information upon relation of i^rivate persons, . 

Miscellaneous, 

Civil suits, 


23 

104 

129 

11 

13 

8 


26 
115 
266 
17 
71 
18 


Total, 


388 


513 



TABLE 

Showing the Number of Criminal Cases pending on Questions of 
Law in the Supreme Judicial Court during the year ending Jan. 
18, 1888, and the Disposition thereof by Counties. 







a g 


1 1 

c; o ^ 






COUNTIES. 


1 


3 52 c 
a 


a 5 


1 S 

= -a 


to 

c 
■5 


Berkshire, 


2 


2 








Bristol, 














2 


1 


- 




Dukes, 














- 


1 


- 


- 


Essex. 












11 


9 


2 


- 


- 


Franklin, . 














1 


- 


- 


- 


Hampden, . 

Middlesex, 












28 


1 
21 


4 


— 


3 


Norfolk, . 












7 


4 


2 


1 


- 


rivmouth, . 












10 


9 


1 


- 


- 


Suffolk. 












23 


15 


- 


- 


8 


Worcester, 












28 


25 


3 


- 


- 


Totals, . 












115 


89 


14 


1 


11 



1888.] 



PUBLIC DOCUMENT — No. 12. 



19 



TABLE 

Shoicing the Namher and Character of Criminal Cases pemJinri on 
Questions of Law in the Supreme Judicial Court during the Year 
ending Jan. 18, 1888, and the Disposition thereof. 







1 


2 ■^ 


-g 








^ 1 


1 o ^ 


= V 




OFFENCES. 






|- 1 


?' '? 


i 




o 




1 1 


B 


1 




'Z 


^ 


'-^ O 


"^ 


^ 


Abortion, 


1 


1 








Adulterated milk, possession of, 


4 


1 


1 


_ 


2 


Adulterated milk, sale of. 


j 1 


1 


_ 


_ 1 _ 


Adultery, 




1 


_ 


- 1 


Assault, 




2 


1 


_ 


_ 


Assault with dangerous weajDon, 




- 


- 


— 


1 


Attempt to extort money. 




1 


- 


- 


- 


Changing- a ballot, .... 




1 


_ 


_ 


_ 


Cruelty to animals, .... 




1 


— 


_ 


_ 


Embezzlement, ..... 




1 


_ 


_ 


_ 


Forgery, 




1 


_ 


_ 


_ 


Fraudulent voting, .... 




_ 


1 


— 1 — 


House of ill-fame, .... 




_ 


1 


_ 


_ 


Illegal tishing, 




1 


_ 


_ 


_ 


Indecent assault, .... 




1 


_ 


_ 


_ 


Keeping a pool room, 




- 


- 


- 


1 


Larceny, 




1 


- 


- 


- 


Liquor, illegal keeping of, 


28 


25 


" 2 


1 


_ 


Liquor, illegal sale of. 


11 


9 


_ 


_ 


2 


Liquor, illegal transportation of, 


•T 


3 


- 


- 


- 


Liquor nuisance, .... 


35 


26 


6 


_ 


3 


Liquor, leasing a building for, . 




- 


1 


_ 


_ 


Lobsters, illegal possession of, . 




1 


- 


- 


_ 


Lottery, promoting, .... 




- 


- 


_ 


1 


Perjury, 




1 


- 


- 


- 


Polygamy, . . . 




1 


- 


- 


- 


Sending a threatening letter, . 




1 


_ 


_ 


_ 


Throwing a missile, .... 


2 


1 


1 


_ 


_ 


Violation of the Lord's Day Act, 


6 


6 




_ 


_ 


Violation of municipal ordinance, . 


2 


1 


- 


- 


1 


Total, 


115 


89 


14 


1 


11 



20 ATTOllNEY-GENERAL'S REPORT. [Jan. 



CASES 

Argued and conducted hy the Attorney- Ge7wrcd, during the Year 
ending Jan. 18, 1888. 



Berkshire County. 

CommoiiAvealth v. Salmon Barlow. S. J. C. Sending threatening 
letter. Exceptions S. C. Overruled. 

Commonwealth v. Luther B. Brusie. S. J. C. Liquor nuisance. 
Exceptions S. C. Overruled. 

Bristol County. 

Commonwealth v. George Hill. S. J. C. House of ill-fame. 
Exceptions (liahility of husband; wife owning and running) 
S. C. Sustained. 

Commonwealth r. .James F. Moore. S. J. C. Liquor nuisance. 
Exceptions S. C. Overruled. 

Commonwealth -y. William Pratt. S. J. C. Illegcd sale of liquors. 
Exceptions H. C. Overruled. 

Commonwealth v. Herbert I. Hoxie. S. J. C. Murder. Pend- 
ing. 

Dukes County. 

Commonwealth v. Holden M. Brownell. S. J. C. Liquor nui- 
sance. Exceptions (limitation of right of court to interrupt 
counsel during argument of case) S. C. Sustained. 

Essex County. 

Comn)onwealth v. Benjamin F. Shaw. S. J. C. Embezzlement. 
Exceptions (insutHcieut description of property) S. C. 
Overruled. 

Commonwealth v. Amos Ingersoll. S. J. C. Liquor nuisance. 
Exceptions S. C. Overruled. 

Commonwealth v. Godfrey and Murph3\ S. J. C. Liquor nui- 
sance. P^xceptions S. C. Overruled as to Murphy. Sus- 
tained as to Godfrey. 



188«.J PUBLIC DOCIBIENT — No. 12. 21 

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

Commonwealth -y. George B. Eliot. S. J. C. Unlawful fishing 
in a great pond. Exceptions S. C. Overruled. 

Commonwealth v. Edward Ingersoll. S. J. C. Illegal keeping 
of intoxicating liquors. Exceptions S. C. Sustained. 

Commonwealth v. William Snee. S. J. C. Illegal keeping of in- 
toxicating liquors. Exceptions S. C. Sustained. 

Commonwealth v. William C. Christie. S. J. C. Illegal keeping 
of intoxicating liquors. P^xceptions S. C. Overruled. 

Commonwealth v. James Henry McCafferty. S. J. C. Violation 
of city ordinance. Exceptions S. C. Overruled. 

Commonwealth v. Daniel Callahan. S. J. C. Illegal transporta- 
tion of intoxicating liquors. Exceptions S. C. Over- 
ruled. 

Commonwealth v. .John H. Cilley and Asa M. Lovering. S. J. C. 
Illegal sale of intoxicating liquors. Exceptions S. C. Over 
ruled. 

Commonwealth v. William Russell. S. J. C. Murder. Defend- 
ant committed to the Taunton Lunatic Asylum to await fur- 
ther order of the court. 

Commonwealth v. William B. O'Connor. 3Iurder. Plea of guilty 
of murder in the second degree accepted. Prisoner sent to 
State Prison for life. 

Commonwealth v. Samuel Mitchel. S. J. C. Murder. Plea of 
guilty of murder in the second degree accepted. Prisoner 
sent to State IMson for life. 

Commonwealth v. Thomas Smith. S. J. C. Murder of TJiomas 
Lomasney. Not yet tried. 



Franklin Countt. 

Commonwealth v. Chester A. Hinds. S. J. C. Assault upon a 
constcd)le ; searcJiing Jiouse in the night. Exceptions S. C. 
Overruled. 

Hampden County. 

Commonwealth -w. Valentine Ewig. S. J. C. Ulegcd scde of intox- 
icating liquor. Club-house case. Exceptions S. C. Over- 
ruled. 

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



22 ATTORNEY- GENERAL'S REPORT. [Jan. 



Hajipshike County. 

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



Middlesex County. 

Commonwealth v. James Boyle. S. J. C. Liquor nnisance. Ex- 
ceptions S. C. Overruled. 

Commonwealth v. John McNeff. S. J. C. Liquor nnisance. 
Exceptions (objection to evidence of a drunkard) S. C. 
Overruled. 

Commonwealth v. John O. Mahoney. S. J. C. Liquor musance. 
Exceptions S. C. Overruled. 

Coiumonwealth v. Bealy F. Fowler. S. J. C. Illegal sale of in- 
toxicatiiKj liquors to minor for another. Exceptions S. C. 
Overruled. 

Commonwealths. Patrick F. Deniher. S. J. C. IJqu or nuisance. 
Exceptions (recognizance with but one surety) S. C. Over- 
ruled. 

Commonwealth v. Thomas Donnellon. S.J. C. Liquor nuisance . 
Exceptions S. C. Overruled. 

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

Commonwealths. Frederick 11. Bisch. S. J. C. Liquor nuisance. 
Exceptions (sufficiency of record) S. C. Overruled. 

Commonwealth v. Daniel Sheehan. vS. J. C. Illegal keeping 
of intoxicating liquors. Exceptions S. C. Overruled. 

Commonwealth v. Francis J. McCarthy. S. J. C. Throwing a 
missile; stone. Exceptions (variance; missile thrown, piece 
of wood) S. C. Sustained. 

Commonwealth v. Patrick 11. Carroll. S. J. C. Throv.-ing a 
stone at a street car. Exceptions (to evidence) S. C. Over- 
ruled. 

Conmionwealth v. Mortimer Downey. S. J. C. Illegal keeping 
of intoxicating liquors. Exceptions (to evidence) S. C. 
Overruled. 

Commonwealtli v. David Locke. S. J. C. Liquor nuisance. 
Exceptions (to evidence of smell of liquor) S. C. Overruled. 

Commonwealth v. Joseph Uhrig. S. J. C. Liquor mdsance. 
Exceptions (to evidence of U. S. tax receipt) S. C. Not yet 
heard. 



1888.] PUBLIC DOCUMENT — No. 12. 23 

Commonwealth v. James Ford. S. J. C. Liquor nuisance. 
Exceptions (to evidence of former conviction ; meaning of 
"crime "under sect. 19, chap. 169) S. C. Not yet heard. 

Commonwealth v. Intoxicating Liquors, Zephrin Lucia, claimant. 
Liquor nuisance. Exceptions (defective description of build- 
ing) S. C. Not yet heard. 

Commonwealth v. Alvorus Hersey. S. J. C. Liquor nuisance. 
Part of building in two towns. Exceptions S. C. Over- 
I'uled. 

Commonwealth v. William F, Welch. S. J. C. Illegal Iceeping 
of intoxicating liquors. When, does license take efect, from date 
or from fling of bond. Exceptions S. C. Overruled. 

Commonwealth v. Volney R. Chamberlain. S. J. C. Perjunj. 
Exceptions S. C. Discharged. Defendant died. 

Commonwealth?;. Owen Luddy. S. J. C. Illegcd sale of liquors to 
be drunk on premises. Exceptions S. C. Overruled. 

Commonwealth v. Alvorus Hersey. S. J. C. Illegal keeping of i i- 
toxicaling liquors. Exceptions S. C. Overruled. 

Commonwealth v. Alvorus Hersey. S. J. C. Illegal keeping of 
intoxicating liquors. Exceptions S. C. Overruled. 

Commonwealth v. Alvorus Hersey. S. J. C. Liquor nuisance. 
Exceptions S. C. Overruled. 

Commonwealth v. Daniel D. Sheehan. S. J. C. Liquor nuisance. 
Exceptions S. C. Overruled. 

Commonwealth v. James K. Jardine. S. J. C. Assault and 
battery. Exceptions S. C. Sustained. 

Commonwealth v. Charles W. Lockhardt. S. J. C. Possession, 
tvith intent to sell, adulterated milk. Exceptions S. C. Sus- 
tained. 

Commonwealth v. George E. Howe. S. J. C. Fraudulent voting. 
Exceptions S. C. Sustained. 

Commonwealth v. John S. Keefe. S. J. C. Illegcd transporta- 
tion of into.vicating liquors. Exceptions S. C. Overruled. 

Commonwealth v. James E. Nowlin. Murder of George A. Cod- 
man. Convicted of murder in first degree. Sentenced to be 
hung. 

Commonwealth v. Sarah J. Robinson, Charles C. Beers, Thomas 
R. Smith. Murder of William J. Robinson. Nol pros'd as to 
Beers and Smith. Tried Dec. 12, 1887, six days. Jury dis- 
agreed. 

Commonwealths. Same. Murder of Lizzie A. Robinson. Not yet 
heard. 



24 ATTOENEY- GENERAL'S REPORT. [Jan. 

Commonwealth v. Sarah J. Robiusou. ^Furder of Prince Arthur 
Freeman. Not yet tried. 

Commonwealth v. Sarah J. Robinson. Marcler of Oliver Sleeper. 
Not yet tried. 

Commonwealth v. Sarah J. Robinson. Murder of Moses Robin- 
son. Not yet tried. 

Commonwealth v. Sarah J. Robinson. Murder of Thomas Arthur 
Freeman. Not yet tried. 

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 Taun- 
ton Lunatic Hospital. 

Commonwealth v. Annie Townes. S. J. C. Murder of Edicard 
Toicnes. Not yet tried. 

* Norfolk County, 

Commonwealth v. Edwin Wentworth. S. J. C. Leasing a bnild- 
iiig for the illegal sale of liquor. Exceptions (to evidence) 
S. C. Sustained. 

Commonwealth v. Henry Purdy. S. J. C. Illegal l<eeping of 
intoxicating liquors. P^xceptions (to ruling that sale an}' time 
within two years warranted conviction) S. C. Argued but 
not decided. 

Commonwealth v. Eugene M. Moran. S. J. C. Illegal Tieeping 
of into.xicating liquors. Exceptions (to ruling as to possesion) 
S. C. Overruled. 

Commonwealth )'. I'hilip INIcParland. S. J. C. Illegal Txceping 
of intoxicating liquors. Exceptions (to copy of record) S. C. 
Judgment on the verdict. 

James Galligan in error v. Commonwealth. S. J. C. Illegal 
sale of liquors. AVrit of error. Waived. 

Commonwealth v. Edward H. Galligan and James Galligan. S. 
J. C. Liquor mdsance. Exceptions (as to ruling upon 
point of ownership) S. C. Sustained. 

Commonwealth v. James Warren. S. J. C. Polygamy. Ex- 
ceptions S. C. Overruled. 

Commonwealth v. Dennis Carne3^ 3Iurder. Defendant in 
Stoughton Almshouse. 

Commonwealth v. David Scannel. Murder. Defendant in Taun- 
ton Hospital. 



1888.] PUBLIC DOCUMENT — Xo. 12. 25 

Plymouth County. 

Coramonwealtli v. Jonathan Hatch. S. J. C. Liquor nuisance. 
Exceptions. S. C. Overrnled. 

Commonwealth v. Elmer Tnrner. S. J. C. Cnielty to animals. 
Fox hunt. Exceptions S. C. Overruled. 

Commonwealth v. Jonathan Hatch. S. J. C. Indecent assault 
and battery. Exceptions S. C. Overruled. 

Commonwealth v. Catherine Hayes. S. J. C. Liquor nuisance. 
Exceptions (to private conversations between husband and 
wife) S. C. Sustained. 

Commonwealth v. James McDonald. S. J. C. Illegal sale of in- 
toxicating liquors. Exceptions (to ruling) S. C. Overruled. 

Commonwealth v. Timothy Denehy. S. J. C. Liquor nuisance. 
Exceptions S. C. Overruled. 

Commonwealth v. John Buckley and .John Clnne. S. J. C. 
Attempting to extort money. Exceptions (to ruling ; variance 
in middle name) S. C. Overruled as to one and sustained 
as to the other. 

Commonwealth v. Thomas Gallagher. S. J. C. Liquor nui- 
sance. Exceptions (to complaint) S. C. Overruled. 

Commonwealth v. Timothy Denehy. S. J. C. Liquor nuisance. 
Exceptions S. C. Overruled. 

Commonwealth v. Dominick McGowan. S. J. C. Liquor nui- 
sance. Exceptions S. C. Overruled. 

Suffolk County, Criminal. 

Commonwealth v. Patrick J. Murray. S. J. C. Illegal keeping 
of intoxicating liquors. Exceptions S. C. Overruled. 

Commonwealth v. "William A. Barber. S. J. C. Possession, icith 
intent to sell, of lobsters less than ten and one-half inches long. 
Exceptions S. C. Overruled. • 

Commonwealth v. James W. Crowley. S. J. C. Keeping open 
shopi on the Lord's day. {Question, u-ho is a baJcer?) Excep- 
tions S. C. Overruled. 

Commonwealth v. Benjamin F. Holt. S. J. C. Sale of adulter- 
ated milk. Contract for delivery of the milk of one cow. Ex- 
ceptions S. C. Overruled. 

Commonwealth v. James Sullivan. S. J. C. Larceny from the 
p)erson. Exceptions S. C. Overruled. 

Commonwealth v. Cornelius Minehan. S. J. C. Illegal keeping 
of intoxicating liquors. Exceptions (to evidence of meaning 
of word "beverage") S. C. Overruled. 



26 ATTORNEY-GENEKAL'S REPORT. [Jan. 

Commonwealth v. Francis L. White. S. J. C. Forgery and 
uttering forged papers. Exceptions S. C. Overruled. 

Commonwealth v. Frank McGurty. S. J. C. Violation of sect. 
43, chap. 229 of the Acts of 1884. (Changing a ballot by 
inspector after being cast.) Exceptions S. C. Overruled. 

Commonwealth v. David Starr. S. J. C. Keeping open shop on 
the Lord's day {sale of meat prepared for Jewish Church cere- 
monial). Exceptions S. C. Overruled. 

Commonwealth v. William Dale. S. J. C. Keeping open shop on 
the Lord's day (sale of neivspapers) . Exceptions S. C. Over- 
ruled. 

Commonwealth v. Edwin F. Perry. S. J. C. Keeping open shop 
on the Lord's day (sale of neu'spapers) . Exceptions S. C. 
Overruled. 

Commonwealth v. Joseph Osgood. S. J. C. Keeping open shop 
on the Lord's day (sale of newspapers). Exceptions S. C. 
Overruled. 

Commonwealth v. Charles E. Kendall. S. J. C. Possession of 
adulterated milk. Exceptions (no penalty attached) S. C. 
Overruled. 

Commonwealth v. Samuel Kendall. S. J. C. Illegal sale of intox- 
icating liquors. Exceptions S. C. Overruled. 

Commonwealth v. James O'Donnell. S. J. C. IlUgal keeping of 
intoxicating liquors. Exceptions S. C. Overruled. 

Commonwealth v. John V. Schaffner. S. J. C. Possession oj 
adulterated milk. Presence of annatto-coloring matter. Ex- 
ceptions S. C. Not yet argued. 

Commonwealth v. Frank Ferry. S. J. C. Keeping a pool-room 
and being present, binder sect. 1, chap. 342, Acts of 1885. Ex- 
ceptions S. C. Not yet argued. 

Commonwealth v. Simon Geary. S. J. C. Illegcd sale of intoxica- 
ting liquors. Exceptions (to evidence and ruling) S. C. 
« Not yet argued. 

Commonwealth v. George Plaisted. S. J. C. Violation munici- 
picd ordinance ; performing on the cornet in the street by mem- 
ber of Salvation Anny. Report S. C. Not yet argued. 

Commonwealth v. Gridley B. Rowell. S. J. C. Possession of 
adulterated milk. Exceptions (as to evidence of partnership) 
S. C. Not yet argued. 

Commonwealth v. Antonio Russo. S. J. C. Assault and battery 
ivith intent to murder. Exceptions S. C. Not yet argued. 

Commonwealth v. Neal Doherty. S. J. C. Delivery of intoxi- 
cating liquors on election day. Exceptions (to evidence of rep- 
utation) S. C. Not yet argued. 



1888.] PUBLIC DOCUMENT — No. 12. 27 

Commonwealth v. John Sullivan. S. J. C. Setting up and pro- 
moting a lottery. Exceptions (to evidence) S. C. Not yet 
argued. 

Commonwealth v. Abram J. Lamb alias et al. Murder'. Plea 
of murder in the second degree accepted. Prisoner sent to 
State Prison for life. 

Commonwealth v. Emil F. Kempf . Murder. Plea of murder in 
tlie second degree accepted. Prisoner sent to State Prison 
for life. 

Commonwealth v. Thomas Brennan. Murder. Defendant es- 
caped from Taunton Lunatic Hospital, 1880. 

Commonwealth v. Adolph Albrecht. Murder. Not yet tried. 

Worcester County. 

Commonwealth v. William E. Borroughs. S. J. C. Illegal l-eep- 
i I) g of intoxicating liquors. Exceptions (to refusal to examine 
jury as to bias) S. C. Overruled. 

Commonwealth v. Joseph Harper. S. J. C. Illegal transjyortatioii 
of intoxicating liquors. Exceptions (as to evidence of charac- 
ter of place) S. C. Overruled. 

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

Commonwealth v. Dennis Shurn. S. J. C. Illegal sale of intoxi- 
cating liquors. Exceptions (to evidence of delivery) S. C. 
Overruled. 

Commonwealth v. Dennis Shurn. S. J. C. Illegal keeping of in- 
toxicating liquors. Exceptions S. C. Overruled. 

Commonwealth v. John W. Watson. S. J. C^ Illegal keeping of 
intoxicating liquors. Exceptions S. C. Overruled. 

Commonwealth v. Simon Savery. S. J. C. Illegal keeping of in- 
toxicating liquors. Exceptions (to ruling as to ignorance as 
to kind of liquor) S. C. Overruled. 

Commonwealth v. John Maloney. S. J. C. Liquor nuisance. 
Report S. C. Lower court without jurisdiction. Proceed- 
ings quashed. 

Commomvealth v. Edward F. Connolly. S. J. C. Illegal keeping 
of intoxicating liquors. Exceptions S. C. Overruled. 

Commonwealth v. Patrick Cunningham. S. J. C. Liquor nui- 
sance. Exceptions (to ruling as to entry of nolle x>^'osequi as 
to part of complaint) S. C. Sustained. 

Commonwealth v. Michael W. Dunster. S. J. C. Liquor nui- 
sance. Exceptions (to ruling as to entry of nolle prosequi as 
to part) S. C. Sustained. 

Commonwealth v. Thomas Enright. S. J. C. Liquor nuisance. 
Exceptions S. C. Overruled. 



28 ATTORNEY- GENERAL'S REPORT. [Jan. 

Commonwealth v. John Henry. S. J. C. Liquor nuisance. Ex- 
ceptions S. C. Overruled. 

Commonwealth v. Margaret Kennedy. S. J. C. Liquor nuisance. 
Exceptions (to ruling as to examination of jury as to bias) 
S. C. Overruled. 

Commonwealth v. Daniel Moynihan. S. J. C. Liquor nuisance. 
Exceptions S. C. Overruled. 

Commonwealth v. Timothy Shaunihan. S. J. C. Tller/al heeping 
of intoxicating liquors. Exceptions S. C. Overruled. 

Commonwealth v. .John Steele. S. J. C. Illegal keeping of intox- 
icating liquors. Exceptions S. C. Overruled. 

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

Commonwealth v. Simou Savray. S. J. C. Illegal keeping of in- 
toxicating liquors. Exceptions S. C. Overruled. 

Commonwealth v. Edward Gahagen. S. J. C. Assault and bat- 
tery. Exceptions S. C. Overruled. 

Commonwealth v. E. R. Bartlett. S. J. C. Illegal sale of intoxi- 
cating liquors. Exceptions S. C. Overruled. 

Commonwealths. Thomas B. Bartlett. S. J. C. Illegal keeping 
of intoxicating liquors. Exceptious (to refusal to examine 
jury as to bias) S. C. Overruled. 

Commonwealth v. Charles S. Clifford. S. J. C. Adultery. Ex- 
ceptions (to sentence of presiding judge before exceptious 
filed) S. C. Overruled. 

Commonwealth v. Gilbert Parker. S. J. C. Abortion. Excep- 
tions S. C. Overruled. 

Commonwealth v. Michael Shannihan. S. J. C. Keepiug open 
shop on the Lord's day. Exceptions (to complaint ; not neg- 
ativing sect. 22, chap. 391, Acts of 18<S7) S. C. Overruled. 

Commonwealth v. Maurice Wall. S. J. C. Illegal keeping of in- 
toxicating liquors. P^xceptions (to ruling as to revocation of 
license) S. C. Overruled. 

Commonwealth v. Joseph E. Jacques. S. J. C. Liquor nui- 
sance. Exceptions S. C. Overruled. 

Commonwealth v. Patrick McHugh. S. J. C. Illegal keeping 
of intoxicating liquors. Exceptions S. C. Overruled. 

Commonwealth v. Charles W. Cobleigh. S. J. C. Murder. 
Sent to Insane Hospital to await the further order of court. 

Commonwealth v. Patrick McDonald. S. J. C. Murder. Plea 
of guilty of murder in the second degree accepted. Prisoner 
sent to State Prison for life. 



1888.] PUBLIC DOCUMENT — No. 12. 29 



Suffolk County, Civil. 

Commonwealth v. Troy and Boston Railroad CoBipany and Fitch- 
burg Railroad Company, Trustee. S. C. Actum of contract. 
Non-payment of rent for Southern Vermont Railroad. Pend- 
ing. 

William Washburn, petitioner, v. Commonwealth. S. C. Chapter 
195, Public Statutes. Claim for services nnder contract. 
Pending. 

Commonwealth v. Liscomb R. Page. Writ of habeas corpus. 
Arrested on requisition from Ne-w York. Writ dismissed. 

Commonwealth v. Middlesex Central Railroad Company and Bos- 
ton and Lowell Railroad Company. Middlesex County Com- 
missioners. Assessment of damages for taking lands at Con- 
cord Prison grounds. Pending. 

Petition (writ of habeas corpus) of John Downing. Not called 
up by petitioner. 

Commonwealth v. Joseph H. Converse and .Joseph Ivampman, 
Officers Little Rock and Fort Smith Railroad Company. 
Action of tort. Failure to comply with chapter 330 of the 
Acts of 1884. S. C. Pending. 

Commonwealth v. Inhabitants town of Williamstown. S. C. 
Action of contract. Non-payment of interest on bonds held by 
State. Pending. 

City of Lowell v. County Commissioners of Middlesex County and 
Tremont and Suffolk Mills. Writ of certiorari : to test validity 
of assessment of valuation on ajypeal from assessment of tax 
commissioner. Argued but not decided. 

City of Lowell v. County Commissioners of Middlesex County and 
Boott Mills. Same. Argued but not decided. 

City of Lowell v. County Commissioners of Middlesex County 
and Merrimack Mills. Same. Argued but not decided. 

The Town of Milford, petitioner, v. Commonwealth. S. J. C. 
Suit for recovery of price for board of paup)er. Exceptions. 
Argued. Judgment for Commonwealth. 

Martin Wesson, petitioner, v. Commonwealth. S. J. C. Ex- 
ceptions to decision of Court of Claims against petition. 
Argued. Judgment for Commonwealth. 

The Boston Manufacturing Company v. Commonwealth. Petition 
for abatement and repayment of tax. Argued. Judgment 
for Commonwealth. 

Petition, Bay State Beneficiary Association to have reserved fund 
of Equitable Mutual Relief Society, Mass., held for them by 
State Treasurer. Pending. 



30 ATTORNEY- GENERAL'S REPORT. [Jan. 

Petition, Bay State Beneficiary Association to have reserved fund 
of Springfield Life Association held for them by State 
Treasurer. Pending. 

Martin Sennott v. H. H Swan. Report S. J. C. Writ of habeas 
corpus. Not yet heard. 



United States Cikcuit Court. 

The Attorney-General ex rel. Treasurer of the Commonwealth v. 
Western Union Telegraph Company. Injunction, non-jiaj/ment 
of tax. From State Court. Argued. Judgment for Com- 
monwealth. 

Hannah B. Hall, administratrix estate George M. Hall, i\ A. W. 
Locke et al., Manager Troy & Greenfield Railroad and 
Hoosac Tunnel. Suit for injuries received on defendant's 
road. Not yet tried. 

Hannah B. Hall, administratrix estate Agnes M. Hall, v. Augus- 
tus W. Locke et al., Manager, etc. Same. Not yet heard. 



United States Supreme Court. 

The Attorney-General ex rel. Treasurer of the Commonwealth v. 
Western Union Telegraph Company. Lformafion for in- 
junction for non-payment of corporation taxes, 1885. Appeal 
from Circuit Court (Mass. Dist.). Pending. (See pp. 8, 16.) 



MATTERS EX RELATIONE. 

The Attorney-General ex rel. Commissioner of Corporations v. 
Standard Sewer Trap Company. Failure to comply tvith 
chapter 330, Acts of 1884. Pending. 

The Attorney-General ex rel. Commissioner of Corporations v. 
Coram Manufacturing Company. S. J. C. Failure to make 
returns required under chap. 106, sect. 51 of the Public 
Statutes. Dissolution decreed. 

The Attorney-General ex rel. Treasurer v. Snow Paper Company. 
Claim in insolvency. Pending. 

The Attorney-General ex rel. Treasurer v. National Color Printing 
Company. Claim in insolvency. Pending. 

The Attorney-General ex rel. Treasurer v. Telegram Publishing 
Company. Claim in insolvency. Pending. 

The Attorney-General ex rel. Treasurer v. Goulding Mills. Claim 
in insolvency. Dividend received. (See p. 38.) 



1888.] PUBLIC DOCUMENT — No. 12. 31 

The Attorney-General ex rel. Treasurer v. Crystal Emery Wheel 
Company. Injunction for the 7ion-j)aymeid of taxes of 1880. 
Discontinued. Taxes and costs received and paid over to 
Treasurer. (See p. 38.) 

The Attorney-General ex rel. Savings Bank Commissioners v. 
Barnstable Savings Bank. Petition to have case stricken from 
the docket. The Attorney-General consents. 

The Attorney-General ex rel. Gardiner Tufts, Supei'intendent 
IMassachusetts Beformatory, v. J. Henry Martin & Son, and 
Wilber F. Whitney, Trustee. S. C. Worcester County. 
Claim for icork clone by prisoners. Fending. 

The Attorney-General ex rel. Commissioner of Corporations v. 
Fostal Telegraph Cable Company. Failure to make returns 
requiracl under chaj). 106, sect. 54, Public Statutes. Injunc- 
tion for dissolution. Dissolution decreed. 

The Attorney-General ex rel. Commissioner of Corporations v. The 
Olympian Club. Failure to make returns required under chap. 
IS, sect. 38, Public Statutes. Complied with. 

The Attorney-General ex rel. Gas Commissioners v. Worcester 
Gas Ligiit Company. Violation of sect. 14, chaj). 61, of 
Public Statutes. Fenalty paid. 

The Attorney-General ex rel. Gas Commissioners v. Cottage City 
Gas Light Company. Violation of sect. 14, chap. 61 of 
Public Statutes. Fenalty paid. 

The Attorney-General ex rel. Commissioner of C^orporations v. 
American Hoop Dressing Company. Failure to comply ivifh 
chap. 330 of the Acts of 1884. Complied with. 

The Attorney-General ex rel. Warden of State Frison v. Ira & A. 
E. Blanchard. Claim in insolvency. Fending. 

The Attorney-General ex rel. Civil Service Commissioners v. Harry 
C. Hill. Information quo ivarranto to try title to office. 
Fending. 

The Attorney-General ex rel. Board of Health v. Edward F. Jen- 
nison. Public nuisance; rendering establishment in Water- 
toivn. Nuisance abated by a removal of business. 

The Attorney-General ex rel. Railroad Commissioners v. Hoosac 
Tunnel and Wilmington Railroad Company. ViolcUion of 
sect. 141, chap. 112 of Public Statutes. Injunction not 
filed, railroad ceased to be operated for public use. Statute 
complied with. 

The Attorney-General ex rel. Commissioner of Corporations v. 
Capital City Water Company. Violation of chap. 330 of the 
Acts of 1884. Fending. 

The Attorney-General ex rel. v. Miller's River Gas Light Company. 
Violation chap. 14, sect. 61, of Public Statutes. Referred to 
District Attorney Worcester County. 



32 ATTORNEY- GENERAL'S REPORT. [Jan. 

The Attorney-General ex rel. Commissioner of Corporations v. 
Huston Ship Berth Company. Violation sect. 54, chap. 106 
of Public Statutes. Complied wit li. 

The Attorney-General ex rel. Treasurer v. Western Union Tele- 
graph Company. S. J. C. Injunction for the non-payment 
of the corporation tax of 1886. Pending. 

The Attorney-General ex rel. Treasurer v. Western Union Tele- 
graph Company. Injunction for corporation tax of 1887. 
Pending. 

The AttornejT-General ex rel. Commissioner of Corporations v. 
Baker's Pond and Drain Fishing Company. Pending. 

The Attorney-General ex rel. Commissioner of Corporations v. 
Winona Paper Company. Failure to make returyis required 
tinder sect. 54, chap. 106 of Public Statutes. Pending. 

Commonwealth, by Board of Commissioners of Savings Banks, v. 
North Bridgewater Savings Bank. 

Same v. Reading Savings Bank. 

Same v. Lancaster Savings Bank. S. J. C. Petitions for injunc- 
tions and winding up of affairs. Affairs in the hands of 
receivers. 

Same v. Sandwich Savings Bank. Affairs closed up. 

Same v. Scituate Savings Bank. Affairs closed up. 

Commonwealth, by Insurance Commissioner, v. New England 
Marine Insurance Company. In the hands of receiver. 

Same v. Conway Mutual Fire Insurance Company. S. J. C. Pe- 
titions for injunctions and winding up> of affairs. Affairs 
in the hands of receivers. Receivership discharged. 

Commonwealth, by Deputy Insurance Commissioner, v. Neptune 
Insurance Company. S. J. C. Petition for injunction and 
ivinding up of affairs. In the hands of a receiver. 

The Attorney-General ex rel. Railroad Commissioners and Select- 
men of the Town of Wareham v. Onset Bay Grove Associa- 
tion and E. Gerry Brown. S. J. C. Injunction to restrain 
the operation of railroad. Pending. 

Attorney-General ex rel. William R. Mann and others. Committee 
of Inhabitants of the Town of Sharon, v. Revere Copper Com- 
pany. S. J. C. Information for injunction against drawing 
water from Massapoag Pond. Pending. 

Mary J. Moore, Mary B. Thompson and Belinda A. Dolan, peti- 
tioners, ?;. Commonwealth. S.J. C. Damages for fldts taken 
by Harbor and Land Commissioners. Referred to an auditor. 
Pending. 



1888.] PUBLIC DOCUMENT — No. 12. 3a 

The Attoriiey-CTeneral ex rel. Harbor and Land C'omnussioners v. 
Mareellus S. Ayer et al. and Spiritual Fraternity. 8. J. C. 
Information for the violation of condition in the deed from the 
Commonwealth. Argued, and reserved for consideration by 
full court. Pending. 

The Attorney-Genei-al ex rel. Treasurer v. Western Union Tele- 
graph Company. Injunction for the non-payment of taxes for 
the year li^b'o. Defendant transfers the case to United States 
Court, which see. 

The Attorney-General ex rel. Treasurer v. The Midland Improve- 
ment and Construction Company. jSait for taxes of 1882. 
Affairs in the hands of a receiver. 

The Attorney-General ex rel. Treasurer v. Standard Paper Bag 
Company. Suit for taxes of 1882. Pending. 

The Attorney-General ex rel. Treasurer v. Standard Pipe Com- 
pany. S nit for taxes of 1883 . Abated. 

The Attorney-General ex rel. Treasurer v. Union Furnace Com- 
pany. Suit for taxes of 1883. Abated. 

The Attorney-General ex rel. Treasurer v. Duplex Tag Company. 
Suit for taxes of 1884 and 1885. Abated. 

The Attorney-General ex rel. Treasurer v. Hall Flevator Safety 
Attachment Company. Suit for taxes of 1884 and 1885. 
Abated. 

The Attorney-General ex rel. Treasurer v. Lighthall Cable Tram- 
way Company. Suit for taxes of 1885. Pending. 

The Attorney-General ex rel. Treasurer v. Town of Peru. Suit 
for hoard of imuper. Pending. 

The Attorney-General ex rel. Civil Service Commissioners v. The 
Mayor and Aldermen of the City of Northampton. Writ of 
certiorari to comp>el appointment of veterans under chap. 320, 
Acts of 1884. Writ dismissed. 

The Attorney-General ex rel. Secretarj^ of the Commonwealth v. 
George Robinson, Standing Justice. Failure to make return 
required hy chap. 169, Acts of 1886, for the year 1886. 
Returns received. 

The Attorney-General ex rel. Secretary of State v. George Robin- 
son, Standing Justice District Court, Eastern Hampden. 
Failure to make returns under chap. 16, sect. 72, Public 
Statutes, for 1884 and 1885. Made for 1885. Pending as 
to 1884. Referred to District Attorney. 



34 ATTORNEY- GENERAL'S REPORT. [Jan. 

The Attoruej'-General ex rel. Treasurer versus — 

Abbott Spinning Company. 
American Cultivator Publisliing Company. 
Avery Carbonic Acid Gas Company. 
Bagnall and Loud Block Company. 

Black Rocks and Salisbury Beach Street Railway Com- 
pany. 
Boston Coffee House Company. 
Boston Wall Paper Company. 
Brockton Gazette Publishing Company. 
Budget Publishing Company. 
C. F. Jewett Publishing Company. 
Cape Ann Granite Compan}^ 
Charles W. Copeland Maiuifacturing Company. 
Chemical Paper Company. 
Chicopee Folding Box Company. 
Citizens' Electric Light Company. 
Consumers' Gas Company of Boston. 
Crystal Emery Wheel Company. 
Educational Supply Company. 
Elwell lleddle Company. 
Foote Refrigerator Company. 
George J. Raymond Company. 
Grafton Water Company. 
Greenfield Tool Works. 
H. D. Watson Publishing Company. 
Herman W. Ladd Compan^. 
Hero Cough Syrup Company. 
Highland Foundry Company. 
L. A. May Company. 
Lake Piano Company. 
Lancaster Water Company. 
Lewis Engraving Company. 
Lynn District Message and Telegraph Company. 
Lynn Ice Company. 

Manufacturers' Gazette Publishing Company. 
Marblehead Water Company. 
Marll)orough Schuyler Electric Light Company. 
Mayall Patent Company. 
Metropolitan Cab Company. 
National Knights of Labor Co-operative Elastic Fabric 

Company. 
National Plaster Company. 



1888.] PUBLIC DOCUMENT — No. 12. 35 

The Attorney-General ex rel. Treasurer versiis — 

Noi'way Tanning Company. 

North Attleborough Steam and Electric Company. 
Pacific Guano Company. 
Peoples' Line. 

Prescott Manufacturing Company. 
Rand Avery Company. 
Revere Rubber Company. 
Riverside Lumber Company. 
S. A. Woods Machine Company. 
Salter Silk Company. 
Security Associates. 
Sherman Machine Company. 
Standard Publishing Company. 
Standard Pulp Company. 
Suspension Transportation Company. 
Union Stone Company. 
United Manufacturing Company. 
United States Fire Works Company. 
Vacuum Refrigerator Company. 
Vendome Cigar Manufacturing Company. 
W. T. M. Injector Company. 
AValpole Emery Mills. 
Walpole Woollen Mills. 
Westfield Electric Light Company. 
Failure to pay corporation tax of 1887. (Received January 2.) 
A large per cent of these taxes have already been collected. 

The Attorney-General ex rel. Treasurer versus — 

Nantasket Beach Railroad Company. 

Nantucket Railroad Company. 

Worcester and Shrewsbury Railroad Company. 

Pittsfield Street Railway Company. 
Failure to pay proportional part of Railroad Commissioners' ex- 
penses. (Received and paid over.) 

The Attorney-General ex rel. Treasurer versus — 

Citizens' Steam and Gas Light Company of Lynn. 
Gloucester Gas Light Company. 
Nahaum D. WUber Gas Light Company. 

Failure to pay proportional part of Gas Commissioners^ expenses. 
(Received from Treasurer, Jan. 4, 1888.) 



36 ATTORNEY- GENERAL'S REPORT. [Jan. 

The Attorney-General ex rel. Deputy Tax Commissioner versus — 

Adams Gas Liglit Company. 
Albert Field Tack Company. 

American Chlorine and Chemical Manufacturing Com- 
pany. 
Art Newspaper Company. 
Atherton Machine Company. 
Athol Water Company. 

Atlantic Telegraph Company of Massachusetts. 
Atlantic Dye Wood Company. 
B. B. Hill Manufacturing Company. 
Barnaby Manufacturing Company. 
Bay State Felt Boot and Shoe Company. 
Bay State Gas Company. 
Boston Bijou Theatre Company. . 
Boston Thread and Twine Company. 
Bridgewater Water Company. 
Brown Hotel. 

Chicopee Folding Box Company. 
Commercial INIanufacturiug Company. 
Concord Creamery, 
(^'onsumers' Gas Company of Boston. 
Co-operative Printing and Publishing Company. 
Empire Steamboat Company. 
Equal Rights Co-operative Association. 
Fall River Daily Sun Publishing Company. 
Fall River Merino Company. 
First Mutual Fire Insurance Company. 

Fitchburg Tool Company. 

Florence Machine Company. 

Franco- American Publishing Company. 

Franklin Electric Light Company. 

Glen Woollen Company. 

Globe Worsted Mills Company. 

Grafton Water Company. 

Great Barrington Gas Light Company. 

Greylock Institute Water Company. 

Hampden Watch Company. 

Holyoke and Springfield Steamljoat Company. 

Hoosac Tunnel and Wilmington Railroad Company. 

Hotel Pemberton. 

Ideal Coffee Company. 

Katama Land Company. 



1888.] PUBLIC DOCUMENT — No. 12. 37 

The Attorney-CTenerul ex rel. Deputy Tax Commissioner versus — 

Knights of Labor Co-operative Boot and Shoe Company. 

Konkapot Valley Railroad Company. 

L. L. Brown Paper Company. 

Lawrence Manufacturing Power Company. 

Lechmere Rendering Company. 

Lowell Horse Railroad Company. 

Massachusetts and Southern Construction Company. 

Massachusetts and Cable Construction Company. 

Minot Manufacturing Company. 

Nashua, Acton and Boston Railroad Company. 

Natick Citizens Printing Company. 

Never-slip Horse Shoe Company. 

Newburyport and Amesbury Horse Railroad Company. 

Newton Mills. 

Norwood Gas Light Company. 

Oak Bluff Land and Wharf Company. 

Oriental Coal Oil Company. 

Osborn Mills. 

Pacific Guano Company. 

Phaniix Machine Company. 

Porter Manufacturing Company. 

Pure Flowing Water Company. 

Reading Water Company. 

Revere Gas Light Company. 

Richmond Iron Works. 

Riverside Lumber Company. 

Scituate Co-operative Shoe Company. 

Sewall and Day Cordage Company. 

Sharon Water Company. 

Springfield Printing Company. 

Standard Sugar Refinery. 

Steel Edged Dust Pan Company. 

Stevens Furnace Company. 

Suffolk Bottling Company. 

Tremont Foundry. 

Tropical Products Company. 

Turners Falls Driving Association. 

West Ware Paper Company. 

Whitehead and Atherton Company. 

Whiting Paper Company. 

Wilder Manufacturing Company. 

Williamstown Water Company. 



38 



ATTOENEY- GENERAL'S REPORT. 



[Jan. 



Tlie Attorney-Geueral ex rel. Deputy Tax Commissioner versus — 

Winslow's Rheumatic Plaster Company. 

Woolson Machine Company. 

Suffollv Ghxss Company. 

Eagle Mill Company. 

Egremont Co-operative Creamery. 

Haverhill Iron Works. 

Vulcanite Manufacturing Company. 

Failure to make returns required by chap. 13, sect. 3S. Complied 
with. No injunctions filed. 

The Attorney-General ex rel. Commissioner of Corporations v. 
Massachusetts Co-operative Association. Failure to make 
returns required under chap. 13, sect. 38. Pending. 



The Attorney-General ex rel. Treasurer versus — 

Amei-iean Cultivator Publishing Company, 

American Oil Stove Company, .... 

American Rapid Telegraph Company of Massachu- 
setts, 

Bagnall and Loud Block Company, 

Banker's and Merchant's Telegraph Company of Mas- 
sachusetts, 

Boston and Hingham Steamboat Company, 

Boston Clock Company, 

Budget Publishing Company, .... 

Butcher Polish Company, 

Cape Ann Granite Comjiany, .... 

Charles River Street Raihvay Company, 

Childs and Kent Ex^iress Company, 

Consumers' Gas Company of Boston, . 

Crystal Emery Wheel Comj^any, 

Educational Supply Company, .... 

Fall River Merino Comj^any, .... 

Hamilton Vocalion Organ Manufacturing Comjoany, 

Hei'o Cough SjTup Company, .... 

Goulding Mills, ....... 

L. A. May Company, ...... 

Lancaster Water Company, ..... 

Lewis Engi'aving Company, .... 

Lockwood Manufacturing Company, . 

Manufacturers' Gazette Company, 

Marlborough Schuyler Electric Light Comj^any, 

Mayall Patent Company, ..... 

Mutual News Company, ..... 



1146 97 
60 33 

434 40 
1,761 35 

292 93 

989 56 
1,063 58 

110 23 
14 78 

664 53 
1,018 29 

292 88 
3,662 23 

135 44 
332 04 

197 97 
1,281 89 

28 60 

1,076 10 

514 40 

293 32 
59 13 

2,417 07 

70 54 

198 63 
9 41 

51 28 



1888.] 



PUBLIC DOCUMENT — No. 12. 



39 



The Attorney-General ex rel. Treasurer versus — 
Mystic Rubber Company, 
Nantucket Railroad Company, 
Phoenix Brewing Company, 
Riverside Lumber Company, 
South Boston Iron Company, 
Vendome Cigar INIanufacturing Company, 
Acushnet Street Railway Company, 
Boston Wall Paper Company, 
Lynn Ice Company, .... 



Total, 



(Corporation taxes of 1886.) 
to the Treasurer. 



Received and paid over 



The Attorney-General ex rel. Treasurer versus — 
Robert B. Edes (Insurance agent tax, 1886), 

E. S. Farnsworth, " u » _ _ 

F. A. Judd, " u u 
Van Dusen and Lyall, " a « 

Total, 

Received and paid over to the Treasurer. 

The Attorney-General ex rel. Commissioner of Corporations 

versus — 

Newton Mills, 

North Dighton Co-operative Store Co., 

Weymouth Gas Com2)auy, 

Brown's Hotel, 

Banker's and Merchant's Telegraj)!! Co., 

Fees vmder sect. 84, chap. 106 of the Public Statutes 

for filing retvu'ns under sect. 54, chap. 106. 
Received and paid over. 



$603 


82 


107 


32 


404 


18 


67 


03 


73 


24 


55 


00 


921 


36 


339 


83 


1,006 


94 


$20,756 60 



$7 10 

10 28 

476 77 

23 80 

$517 95 



$5 00 
5 00 
5 OO 
5 00 
5 00 



40 ATTORNEY- GENERAL'S REPORT. [Jan. 



REQUISITION PAPERS. 

Sunt to this department by His Excdlenr.i/ the Governor for exami 
'nation and report thereon : — 

Jan. S. On New York, for Isaac Landau, for the crime of lar- 
ceny. Bristol ss. Advise to issue. 
Jan. ir>. On New York, for John Myers, for the crime of break- 
ing and entering a railroad car, with intent to steal. 
Berkshire ss. Advise to issue. 
Jan. 1.'). On New York, for Edward Jones, alias, for the crime 
of obtaining money under false pretences. Berk- 
shire ss. Advise to issue. 
Jan. 21. From Connecticut, for IMichael D. Fitzgerald, for the 
crime of failure to support wife. Advise not to 
issue. 
Jan. 25. On New York, for William F. Judd, for the crhne of 

larceny. Berkshire ss. Advise to issue. 
Feb. 8. On New York, for George P. Hees, for the crime of 

theft. Berkshire ss. Advise to issue. 
Feb. 8. From New York, for Frank V. Cook, for the crime of 

bigamy. Advise to issue. 
Feb. 2(). On California, for William D. Reed, for the crime of 

forgery. Plymouth ss. Advise to issue. 
Feb. 20. From Elaine, for Ezra T. J. Whitton, for the crime of 

larceny. Advise to issue. 
March 8. On New York, for John Matthews, for the crime of 
breaking and entering. Suffolk ss. Advise to 
issue. 
INIarch 8. On New York, for Robert H. Atkinson, for the crime 
of cheating by false pretences. Suffolk ss. Ad- 
vise to issue. 
ISIarc'i 8. On New York, for James Fitzgerald, for the crime of 
illegal sale of intoxicating liquors (to avoid sen. 
fence therefor). Berkshire ss. Advise to issue. 



1888.] 



PUBLIC DOCUMENT — No. 12. 



41 



March 10. On Nebraska, for Oliver A. "Whipple, for the crime 

of receiving stolen property. Essex ss. Advise 

to issue. 
March 11. On Pennsylvania, for Matthew Cunningham, for the 

crime of escaping from lawful custody. Suffolk ss. 

Advise to issue. 
March 19. On New York, for Andrew Jackson Grant, for the 

crime of larceny. Middlesex ss. Advise to issue. 

March 23. From New Hampshire, for Henry F. Davis, for the 
crime of embezzlement. Advise to issue on March 
20, papers having been amended. 

March 30. On Ohio, for Kate Ray, for the crime of larceny. 
Middlesex ss. Advise to issue. 

April 6. On New York, for George Willis, for the crime of 
larceny. Suffolk ss. Advise to issue. 

April 11. On New York, for Henry H. Drew, for the crime of 
embezzlement. Suffolk ss. Advise to issue. 

April 12. On New York, for George H. Morse, for the crime of 
embezzlement. Worcester ss. Advise to issue. 

April 27. From Maryland, for Arthur M. Morrison, for the 
crime of larceny. Advise to issue. 

IMay 5. From New York, for John Lyon, for the crime of 
grand larceny. Advise to issue. 

May 31. On New York, for John L. Brainard, for the crime of 
forgery. Berkshire ss. Advise to issue. 

June 8. On New York, for Henry C. McAlpine, for the crime 
of adultery. Suffolk ss. Advise to issue. 

June 13. From Rhode Island, for James Glanc}^, for the crime 
of breaking and entering. Advise to issue. 

June 20. On Maine, for James A. Carle, for the crime of sell- 
ing mortgaged property. Advise to issue. 

June 21. From New York, for James H. Ames, for the crime 
of grand larceny. Advise to issue. 

June 23. On the Dominion of Canada, for John L. Brainard, 
for the crime of forgery. Berkshire ss. Advise 
to issue June 30, papers having been amended. 

June 30. On Connecticut, for Leon N. Moreau, for maintaining 
a licpior nuisance. Worcester ss. Advise to issue. 

July 27. On Michigan, for F. W. Foster, for the crime of 
false pretences. Advise to issue. 



42 ATTOENEY- GENERAL'S REPORT. [Jan. 

July 28. From Virginia, for James F. Gates, for the crime of 
grand larceny. Advise not to issue. 

August 2. From Illinois, for Cyrus L. Murch, for the crime of 
false pretences. Advise to issue. 

August 15. On New York, for John Ganey, for the crime of lar- 
ceny. Advise to issue. 

August 23. From Pennslyvania, for Charles Donnelly, for the 
crime of larceny. Advise to issue. 

August 26. From Connecticut, for Fred Benway, for the crime 
of illegal sale of liquor. Advise to issue, after 
papers were amended. 

August 26. On New York, for Fred N. Chandler, for the crime 
of breaking and entering. Advise to issue. 

On New York, for Lesten Baxter, for the crime of 
breaking and entering. Advise to issue. 

From Connecticut, for Clement Brown, for the crime 
of forgery. Advise to issue, under conditions. 

On New Jersey, for John Tromdley, for the crime of 
larceny. Bristol ss.- Advise to issue. 

From Rhode Island, for James Chain, Jr., for the 
crime of breaking and entering. Advise to issue. 

On Connecticut, for John J. Husband, for the crime 
of escaping from prison. Suffolk ss. Advise to 
issue. 

On New York, .for Daniel Credon, for the crime of 
polygamy. Hampden ss. Advise to issue. 

On New York, for Richard H. Treadwell, for the 
crime of larceny. Suffolk ss. Advise to issue. 

Oct. 1. From New York, for Augustus Johnson, for the 

crime of grand larceny. Advise to issue. 

Oct. 18. From Vermont, for Eugene E. Wright, for the crime 

of horse stealing. Advise to issue. 
Oct. 22. On New York, for John Casey, for the crime of 

escaping from prison. Worcester ss. Advise to 

issue. 
Oct. 31. On New York, for John P. Montgomery, for the 

crime of larceny. Advise to issue, after papers 

were amended. 
Nov. 2. From Ohio, for T. P. Whitrock, for the crime of 

grand larceny. Advise to issue. 



August 


; 27, 


Sept. 


2 


Sept. 


2 


Sept. 


6, 


Sept. 


15, 


Sept. 


16. 


Sept. 


22. 



1888.] PUBLIC DOCUMENT — No. 12. 43 

Nov. 4. From Vennout, for George W. Rich, for the cnme of 

horse stealing. Advise to issue Nov. 11, after the 

papers were amended. 
Nov. 5. From New Jersey, for John Welger, for the crime of 

breaking jail. Advise to issue. 
Nov. 1.5. On the Dominion of Canada, for Charles Wilson, for 

the crime of forgery. Advise to issue, after 

papers were amended. 
Nov. 15. On Illinois, for Euth Minor and George Carson, for 

the crime of larceny. Suffolk ss. Advise to issue. 
Nov. 25. From New Hampshire, for William L. Brow, for the 

crime of abduction for the purpose of prostitution. 

Advise to issue. 
Dec. 9. From New York, for Liscomb R. Page, for the crime 

of false pretences. Advise to issue. The case 

subsequently heard on writ of habeas corpus ; requi- 
sition sustained. 
Dec. 9. On New York, for Mitchell Stone, for the crime of 

larceny. Advise to issue, after the papers were 

amended. 
Dec. 13. On New Hampshire, for Michael M. Crowlej^ and 

Etta M. Paty, for the crime of adultery. Advise 

to issue. 

Dec. 19. On New York, for Charles Walter Knowlton, for the 
crime of larceny. Worcester ss. Advise to issue. 

Dec. 27. On New York, for Michael O'Connor, for the crime 
of escaping from jail. Berkshire ss. Advise to 
issue, after the papers were amended. 

Dec. 27. From New York, for Edward Clark, for the crime 
of grand larceny Advise to issue. 



44 ATTORNEY- GENERAL'S REPORT. [Jan. 



heaei:n^gs. 



Application for use of name for iufonnatiou against selectmen of 

the town of Ipswich to test legality of town election. Use of 

uaine refused. 
Application for use of name for information against treasurer of 

the town of Attleborough. Use of name granted. 
Application for use of name for mandamus to compel Board of 

Police to establish houses of detention. Notices sent. Name 

not used. 
Application for use of name against selectmen of the town of 

Dedham to try title to office. Granted. 
Application for use of name against City Council of city of Boston 

to compel appointment of police matrons. Granted. 
Application for use of name for information against one of the 

selectmen of the town of Dedham. Refused. 
Application for use of name for information against officers of the 

city of Chelsea to test validity of town election. Granted. 
Application for the use of name in writ of quo ivarranto against 

two members of the school board of the city of Lowell to try 

title to office. Granted. 
Application for use of name for information to test the validit}' of 

town meeting of Dedham. Granted. 
Ap{)lication for use of name for an information against Robert 

Tarr to restrain from obstructing the landing at Magnolia. 

Granted. 
Hearing as to the right of the Iron Hall Insurance Company to do 

business in Massachusetts. After three hearings business 

decided to be illegal. 
Hearing as to defence of the town of Williamstown for non-pay- 
ment of bonds of Hoosac Tunnel Railroad. Matter now in 

suit. 



1888.] PUBLIC DOCUMENT — No. 12. 45 



CASES 

Requiring the Attorney- GeneraVs Suinrvision, though not conducted 

by him. 



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

Pending. 
Attorney-General ex rel. v. William B. Washburn et cd. Chari- 
table Trust. 
Bullard et al. v. Chandler et al. S. J. C. Construction of a ivill. 

Pending. 
The Attorney-General ex rel. Hawes Place Congregational Church 
and the Second Hawes Congregational Society v. Trustees of 
the Hawes Fund of Boston. S. J. C. Not yet heard. 
Holmes et al. v. Coates et al. S. J. C. Construction of a will. 

Pending. 
The Attorney-General ex rel. Maria Adams et al. v. Robert Tarr. 

Injunction to prevent obstructing landing at Magnolia. 
The Attorney-General ex rel. S. J. Johnson et al. v. Charles H. 
Conant. Writ of quo toarranto to try title to office of school 
board. 
West Parish in Barnstable et al. v. The Inhabitants of the Town 
of Barnstable et al. and Attorney-General. S. J. C. Execu- 
tion of school trust. Pending. 
Attorney-General ex rel. Samuel Patch and William Guinan v. 
Henry P. Sherman and Henry W. Howe, Commissioners of 
Public Buildings. Quo warranto to try title of. Pending. 
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 yet heard. 
George White, Executor, v. City of Boston et al. Pending. 
In re Estate of William Hale. Probate Court. Claim of next of 
kin. Pending. 



46 ATTORNEY- GENERAL'S REPORT. [Jan.'88. 

Petition of Trustees of Hawes Fund in Boston for instructions 
under will. S. J. C. Pending. 

In re the Society for Promoting Christian Knowledge. Petition 
for transfer of funds. Pending. 

In re Sarah C. Bent. Petition for interpretation of ivill of Sarah 
T. Chaplin. Pending. 

The Attorney-General by information v. City Council of Boston 
and Board of Police. For mandamus to compel performance 
of duty in fixing salary of police matrons. Use of name 
granted. City Council complies. Information withdrawn. 







•li ^ 






:';=n'