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PUBLIC DOCUMENT. No. 12.
ANNUAL REPORT
!
ATTORNEY - GENERAL ff«
FOR THE
YEAR 1888.
BOSTON :
WRIGHT & POTTER PRINTING CO., STATE PRINTERS,
18 Post Office Square.
1889.
c/
CommontDmltlj of Massachusetts.
Attorney-General's Department, Commonwealth Building,
Boston, Jan. 16, 1889.
Hon. William E. Barrett, Speaker of the House of Representatives.
I have the honor to submit to the General Court the
annual report of this department, herewith enclosed.
Very respectfully,
A. J. WATERMAN,
Attorney- General.
Commontomltlj ai IBtasgax^aettft
Attorney-General's Department, Commonwealth Bi'iliung
Boston, Jan. 16, 18S9.
To the Honorable Speaker of the House of Representatives.
In 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 the department is 577. The following table is a classifica-
tion thereof : —
1SS6.
1887.
1888.
Indictments for murder, ....
Exceptions and reports in criminal cases, .
Information upon relation of public officers,
Information upon relation of private persons,
Miscellaneous, ......
23
104
129
11
13
8
26
115
266
17
71
18
24
95
323
30
85
20
Total,
388
513
577
Three trials upon indictments for murder have been had
during the year, to wit : —
Sarah J. Robinson of Somerville, at East Cambridge, for
the murder of Prince Arthur Freeman, her brother-in-law,
by administering to him arsenic on June 20, 1885. Justices
Field and Knowlton of the Supreme Judicial Court, who
presided at the trial of said Robinson in December, 1887,
for the murder of her son, William J. Robinson, by
administering to him arsenic, when the jury did not agree
6 ATTORNEY- GENERAL'S REPORT. [Jan.
upon a verdict, presided at this second trial. This trial
commenced on Monday, the 6th of Februarj^, and terminated
on Saturday, the 11th, the jury rendering a verdict of guilty of
murder in the first degree. Hon. William B. Stevens, dis-*
trict attorney, assisted me in the preparation and conduct
of this trial, and rendered very valuable services, for which
he is entitled to great credit. The defendant was ably
defended by Messrs. John B. Goodrich of Newton and Daniel
F. Crane of Somerville.
Exceptions upon questions of law were taken by counsel
for defendant to certain rulings of the court, and the court
allowed till February 25 for them to be filed. The same were
then filed and set down for hearing and argument before
the full court at Boston, April 2, at which time they were
argued ; and on May 3 the said exceptions were overruled.
The defendant's counsel filed a motion for a new trial,
"because the verdict was against the evidence," and "be-
cause the verdict was against the weight of the evidence."
June 28 was assigned for the hearing upon the same, and the
same was then argued before Justices Field and Knowlton
at East Cambridge at considerable length by Messrs. Good-
rich and Crane for the defendant, Hon. William B. Stevens,
district attorney, assisting me in behalf of the Common-
wealth. After consultation the court overruled the motion,
and the Attorney-General moved that sentence be passed up-
on the prisoner, and she was then, on June 28, sentenced to
be hanged on Nov. 16, 1888.
Early in October a petition in behalf of the defendant was
filed, signed by a considerable number of respectable and
influential citizens of the Commonwealth, with the Governor
and council, praying that the sentence of death be com-
muted to imprisonment for life. On the 31st of October
last a hearing thereon wTas had before His Excellency Gov-
ernor Ames and the Honorable Council. This was quite
largely attended, and, after due consideration, the sentence
was commuted to solitary imprisonment for life, and in
pursuance thereof Mrs. Robinson is now held in confinement
in jail at Lowell.
At the time of this trial there were pending against Mrs.
R j'M-ison six indictments for murder by the administering of
1889.] PUBLIC DOCUMENT — No. 12. 7
arsenical poison, to wit : One for murdering Oliver Sleeper,
her landlord, living in the same house with her, Aug. 1,
1881 ; one for murdering her husband, Moses Robinson, in
July, 1882 ; one for murderiug her brother-in-law, Prince
Arthur Freeman, June 20, 1885 ; one for murdering Lizzie
A. Robinson, her daughter, in February, 1886; one for
murdering Thomas A. Freeman, her sister's son, a boy, in
July, 1886; and one for murdering her own son, William
J. Robinson, about twenty-one years of age, in August,
1886. These deaths all occurred in the dwelling-house of
Mrs. Robinson, and several of them before even suspicion
had rested upon her. She was not complained against till a
few days before the death of her son, William J., and after
arsenic had been discovered in the vomitus, upon the suspi-
cion and instigation of Dr. Henry L. White of Somerville,
who attended him, after which the bodies of Oliver Sleeper,
Moses Robinson, Prince Arthur Freeman, Lizzie A. Robin-
son and Thomas A. Freeman, also the body of Annie Free-
man, the wife of Prince Arthur Freeman, and who Avas
the sister of Mrs. Robinson, were exhumed and portions of
the lungs and other parts of the bodies, with portions of the
body of William J. Robinson, were all subjected to a very
careful and skilful examination and analysis, and every one
of them contained arsenic in quantity sufficient to cause
death. Mrs. Robinson, the defendant, was the only person
who attended all these persons through all their last sick-
ness ; and all these persons, from Oliver Sleeper down to
William J. Robinson, suffered in their last days from the
same symptoms, which were symptoms of arsenical poison-
ing. No indictment was found for the death of the defend-
ant's sister, Annie Freeman, which occurred in February,
1885, or for the death of Lizzie, a baby of Annie's, that
died suddenly, April, 1885, at the house of the defendant,
and no analysis was ever made of the child's body.
In 1882, Prince Arthur Freeman, the brother-in-law of
Mrs. Robinson, and for whose murder she is convicted,
became a member of the Governor Dudley Col 0113' °f ^ie
United Order of Pilgrim Fathers, and was insured therein
for the sum of two thousand dollars, from that time to the
time of his death ; and Annie, his wife, was the beneficiary
8 ATTORNEY- GENERAL'S REPORT. [Jan.
first named in the certificate of* insurance, and Mrs. Robin-
son knew this in 1882. About the 13th of May, 1885,
Prince Arthur Freeman appointed the defendant, in writ-
ing, as beneficiary under the certificate of insurance, in the
place of Annie Freeman, deceased, said appointment being
recorded by the colony about the 23d of June, 1885. After
the death of Prince Arthur Freeman the defendant received
from the colony two thousand dollars on that certificate,
and she used it in payment of her debts existing before and
at the death of her sister, Annie Freeman, and which she
was unable to pay, and for which she was hard pressed by
her creditors before Annie's death, and which were con
tracted by her in five different names, giving security upon
the same property to her creditors.
The orovernment claimed and offered evidence to prove
that prior to the death of Annie Freeman the defendant had
formed the scheme and intention of securing to her own use
the two thousand dollars named in the certificate of insur-
ance issued upon the life of Prince Arthur Freeman for the
benefit of said Annie Freeman, and as a means of accom-
plishing this result, and as a part of said scheme, then deter-
mined to first kill said Annie, then to induce the said Arthur
Freeman to assign to her, the defendant, all benefits under
said certificate, and then to kill the said Prince Arthur Free-
man, and the boy, Thomas Arthur Freeman. This evidence
was offered for (lie sole purpose of establishing the defend-
ant's motive in killing Prince Arthur Freeman.
Upon this point the court ruled, in substance : —
I. If evidence, direct or circumstantial, is offered and
admitted, tending to show that this defendant knew, before
her sister's death, of the existence of the insurance ; and
II. That it could be transferred, on the death of her
sister, to herself, and made payable to herself, on the death
of her brother-in-law ; and
III. That she, before her sister's death, had formed in
her own mind a plan, or intention, to obtain this insurance
for her own benefit, and this plan, or intention, continued
to exist and be operative up to the time of the death of her
brother-in-law ; then
That evidence was competent to prove, as a part of the
1889.] PUBLIC DOCUMENT — No. 12. 9
scheme, that the sister died of poison, and that the defendant
administered it. In this connection the court excluded all
evidence relating to the cause of the death of the boy, Thomas
Arthur Freeman, or of the defendant's connection therewith;
and the court indicated that evidence of this knowledge and
plan, or intention, should first be offered, that the court
might judge whether it was sufficient to warrant the intro-
duction of evidence that the sister died of poison, admin-
istered by the defendant.
To this ruling the defendant excepted. To substantiate
this claim and offer as allowed by the court, the trial pro-
ceeded. No evidence was admitted in this trial of the cause
of the death of any persons excepting Prince Arthur Free-
man and his wife Annie ; and, the defendant being now in
the service of imprisonment for life, I deem it not unwise to
give a brief history of the deaths of all these persons and
the facts connected therewith, as it can but be morally con-
vincing that the defendant administered the poison to all of
them.
Mrs. Robinson was born in the northern part of Ireland,
in 1838, of Scotch descent, of respectable parents, who died
when she was a girl. She came to America about the year
1852. She had worked at dress-making before coming to
this country, and pursued that business here. She married
Moses Robinson in July, 1858. He died July 23, 1882.
Eight children were born of the marriage. So far as the
evidence disclosed, the marriage was a pleasant one, and the
relations which existed between her and her husband and
children were kind and affectionate. No other motive for
the commission of these crimes has been discovered beyond
a desire of gain. In the case of Oliver Sleeper, her land-
lord, he occupied a room and boarded with her in the same
house, and it is a well-established fact that less than a year
prior to his death a large sum of money was paid to him, to
her knowledge, none of which has ever been found. Her
husband's, Lizzie's and William's lives were all insured, and
she knew it. Her sister's life was not insured, but the
husband's was, for her benefit, as aforestated ; and, in Mrs.
Robinson's efforts to induce her sister's husband, Prince
Arthur Freeman, after her sister's death, to assign the
10 ATTORNEY- GENERAL'S REPORT. [Jan.
insurance to her, she pretended that she so loved her
sister's two children, Thomas A. Freeman, the boy, and
Lizzie, the baby, that she desired them to live with and be
brought up by her, their aunt and most natural protector;
and she wanted them and their father to live with her, and
they went to live with her — the children just about the
time of their mother's death, and their father a short time
after — in February, 1885. The baby died in April, the
father in the following June, and Thomas A., the boy, in July,
1886 ; and, as proved by the analysis, the father and son
died from the effects of arsenic ; the baby died in spasms, and
was allowed to remain in the grave unexhumed. Mrs. Rob-
inson is a woman possessed of more than the average natural
abilities, and of fine appearance and even temperament, but
evidently having had very limited advantages of educa-
tion. So far as is known by me, she has never divulged a
single fact or insinuation tending to an admission of her
guilt, but has steadfastly claimed to be innocent, without
ever making a single suggestion or an explanation of the
manner of these several persons obtaining the arsenic found
in their bodies, though she attended them all in their last
sickness ; and in her last words to the court, just before the
sentence was pronounced upon her, she claimed that it had
not been shown that they were poisoned.
I deemed this case of such importance that I have caused
it to be published in full for preservation, as is provided in
chapter 214 of the Acts of 1886.
The second murder trial of the year was had at New Bed-
ford, on April 23 to 27, Justices Devens and Charles Allen
presiding. The defendant, Herbert I. Hoxie, was tried
upon an indictment found against him at the session of the
grand jury at New Bedford, in Bristol County, on the first
Monday of June, A.D. 1887, for the murder of an infant child
about three months old, called Herbert L. Woodward, alias
Herbert L. Hoxie and several other names, who appeared
by the evidence to have been the illegitimate offspring of the
defendant and Millie E. Woodward. There were several
counts in the indictment, charging the murder to have been
committed in several ways, one of which was by casting the
1889.] PUBLIC DOCUMENT — No. 12. 11
infant into the Acushnet River and drowning it ; and all
the counts averring, that the offence was committed in the
county of Bristol. In this case I was assisted by the Hon.
H. M. Knowlton, district attorney, who had very carefully
and systematically prepared the case with the assistance of
Mr. James \V. Hurley, a very competent deputy sheriff
of the county, who had spent considerable time in gathering
together the facts. The trial developed the facts that the
defendant and Millie E. Woodward had been intimate
friends for several years, she living with her mother at Onset
Bay, about twenty miles from New Bedford ; that the child
was born there about June 1, 1885; that on Sunday,
Aug. 9, 1885, the defendant hired ahorse and carriage at
a livery stable in New Bedford in the morning to go to
Onset Buy, aud that he returned the horse and carriage
to the livery man in New Bedford at about half-past twelve
that night. It also appeared that the defendant was at
Onset Bay that day, and was seen with Miss Woodward
about eight o'clock in the evening in a street at Onset, —
she crying. It also appeared that at or about that time
the defendant had taken the child from her, pretending to
her he was ffoino; to leave it in an institution for abandoned
children, and that afterwards he was seen with the horse
and carriage just starting away from Onset, going towards
Wareham, in the county of Plymouth. His course after
that appeared only by his statement made soon after his
arrest and wdiile in jail, to Mr. Hurley and one other. He
stated that he took the child from Onset and told Millie
he was going to leave it wit j a family in New Bedford, but
that he really intended to leave it at the Orphan's Home ;
that he lost his way, and drove from place to place, and
came to a house painted a light color aud having green
blinds ; and it occurred to him that there was a good place
to leave the child, and he left it on the doorsteps, knocked
on the door, and got into his buggy and drove rapidly
away, not knowing where he was till he arrived :tt the head
of Acushnet River ; and then he drove to the livery stable
4where he got the horse, in New Bedford, and that he did
not see the child after that. It also appeared that on
Friday, Aug. 14, 1885, a male child was found dead at the
12 ATTORNEY- GENERAL'S REPORT. [Jan.
south-easterly end of Crow Island, in the Acushnet River,
opposite the city of New Bedford, with a cord wound around
its body, crossed on the breast, and tied tight on the back,
with a stone, variously estimated from eight to fifteen pounds
in weight, fastened to the cord fifteen to twenty inches from
the child's body. The body was clothed with wearing
apparel which was identified by several witnesses, and a
considerable part of the face had been by some means
broken or torn away. At the time the body was found it
was examined by the medical examiner, and the case was
reported to the police of New Bedford. But little if any
effort was then made to ascertain who was the cause of its
death, and the clothes were cleansed and allowed to remain
in a basket at the police station, with the stone and cord ;
and after several months the stone and cord were lost, and
the clothes remained there till accidentally found by Hurley
in September, 1886, about thirteen months after the body
was found, while Hurley was in pursuit of evidence against
the defendant for the commission of another crime, 'lhere
was considerable other testimony tending to show that there
was no such house as was described by the defendant as the
place where he left the child, and that the occupants of every
house within many miles around were seen by Mr. Hurley,
and no knowledge whatever could be gained of a lost child
or of a foundling ; and it was shown that the child was never
seen or heard of at Onset after the ninth day of August,
1885, when seen with the defendant and Millie E. Wood-
ward. The evidence in the case was all in at 9.30 a.m.,
April 26, and the case was ably argued by Hon. E. L.
Barney, senior counsel for the defendant, when, after argu-
ment in behalf of the Commonwealth, and the charge of
His Honor Justice Devens, it was at 4.40 p m. given to the
jury, who remained out all night until 11.15 a.m., April 27,
when they returned a verdict of not guilty.
It is understood that the verdict was so rendered upon
the ground that the Commonwealth had not proven to the
satisfaction of the jury that the violence which caused the
death was inflicted within, or that death ensued therefrom
within, Bristol County. By the provisions of chapter 213,
section 22, of the Public Statutes, it is provided, "If a
1889.] PUBLIC DOCUMENT — No. 12. 13
mortal wound is given, or other violence or injury inflicted
or poison administered in one county, by means whereof
death ensues in another county, the offence may be prose-
cuted and punished in either county."
I would suggest that the same be so amended that the
offence may also be tried in the county where a body is first
found dead.
Thomas Smith of Gloucester was indicted on the first
Monday of October, 1887, by the grand jury of Essex
County, for the murder of Thomas A. Lomassey at Glouces-
ter, April 25, 1887. He was tried at Salem on Tuesday,
May 22, the trial continuing to the 26th, Justices William
Allen and Marcus P. Knowlton presiding. The defendant
was carefully and ably defended by Hon. C. A. Saywood of
Ipswich, senior counsel, and Charles A. Russell, Esq., of
Gloucester. The Attorney-General was assisted by the
Hon. Henry F. Hurlbut, district attorney, who made an
excellent preparation and presentment of the case. The
jury were selected and duly empanelled, and after the open-
ing of the case on the part of the Commonwealth, at the re-
quest of the defendant, the jury, accompanied by officers and
counsel, viewed the premises at Gloucester, and at 2 p.m.,
May 22, the trial was resumed.
Lomassey was a young man who was engaged in the sale
of books and some articles of merchandise, and arrived in
Gloucester April 25, towards evening, and soon after fell
into company with the defendant, and was induced to drink
at several places with Smith and others, and became con-
siderably intoxicated, and was robbed by Smith of his
watch, coat and some other things while on Commercial
Street. He was then led down onto Cunningham and
Thompson's wharf, and thrown off the wharf about 1 2 o'clock
at night and drowned. His body was recovered about 6
o'clock in the afternoon of the next day. The defendant
was arrested on the 27th. The circumstantial evidence in
this case was very pointed. Articles which the deceased
had upon his person were found upon the defendant, and
several months after the murder his watch and chain were
found accidentally by a boy, concealed under the floor of a
14 ATTORNEY- GENERAL'S REPORT. [Jan.
shed adjoining the street where Smith would naturally pass
in going from the wharf to the vessel where he lodged the
night of the murder ; and various other facts and circum-
stances appeared in the case pointing to the prisoner's guilt.
The evidence was all in at 10 a.m. Friday, May 25. The
case was given to the jury about 4.30 p.m., and they re-
mained out (except to come in once for instructions) till 6
o'clock the next morning, May 26, when they rendered a
verdict of murder in the second degree ; and, there being no
exceptions to be considered, on motion of the Attorney-
General the defendant was sentenced to imprisonment in
the State Prison for life, — one <1 ty of which was to be soli-
tary, the residue to hard labor.
The other murder cases pending at the time of the last
annual report of this department have been disposed of as
follows : —
Adolph A. Albrecht of Boston, Suffolk County, for the
murder of Edward Flannigan, on the 28th of March, 1887,
by shooting with a pistol. Upon examination it was thought
an indictment for manslaughter could only be maintained,
and the defendant was indicted and tried in the Superior
Court, and convicted and sentenced for that offence, — this
indictment is to be discontinued.
Adolph A. Albrecht of Boston, Suffolk County, for the
murder of David Lanahan, on the 28th of March, 1887, by
shooting with a pistol. Upon examination it was thought
an indictment for manslaughter only could be maintained,
and the defendant was indicted and tried in the Superior
Court and sentenced for that offence, and this indictment is
to be discontinued.
Annie Townes of Cambridge, Middlesex County, for the
murder of Edward Townes, on Nov. 16, 1886, by poisoning
with arsenic. It was deemed best, in this case, that the
defendant be allowed to go at large upon her own recog-
nizance, and she was discharged on her own recognizance in
February last, and the indictment is to be filed.
The following indictments for murder are now pending : —
Sarah J. Robinson of Somerville, Middlesex County, for
1889.] PUBLIC DOCUMENT — No, 12. 15
the murder of Oliver Sleeper, on Aug. 1, 1881, by poison-
ing: with arsenic.
Sarah J. Robinson of Somerville, Middlesex County, for
the murder of Moses Robinson, on July 1, 1882, by poison-
ing with arsenic.
Sarah J. Robinson of Somerville, Middlesex County, for
the murder of Lizzie A. Robinson by poison, on Feb. 1,
1886.
Sarah J. Robinson of Somerville, Middlesex County, for
the murder of Thomas Arthur Freeman, on July 1, 1886,
by poisoning with arsenic.
Sarah J. Robinson of Somerville, Middlesex County, for
the murder of William J. Robinson by poison, on Aug. 9,
1886.
Lincoln J. Randall of Montague, Franklin County, for
the murder of David Marcus Randall by shooting, on Nov.
29, 1887. Indictment found and returned into court March
23, 1888.
Dixon R. Cowie and Thomas B. McQuaid of Webster,
Worcester County, for the murder of Lilla A., alias Lillie
A. Hoyle, by beating, strangling, etc., on Sept. 1, 1887.
Indictment found and returned into court May 16, 1888.
Upon examination and preparation of this case for trial in
September last, it was concluded to be unadvisable to go to
trial upon the evidence we had, and after making efforts to
secure a witness who it was thought would be a material
one, and who was absent from the Commonwealth in parts
unknown, and not succeeding in finding him, I deemed it to
be my duty to release the defendants from jail ; and they
were allowed, in November last, to go at large upon their
own recognizance, the case standing for further developments.
Thomas Rivers and Louise Light of Cheshire, Berkshire
County, for the murder of Simon Light, Jr., a child about
fourteen months old, by choking and smothering with a
shawl, etc., on Sept. 15, 1887. Indictment found and
returned into court July 13, 1888. In this case it was
assigned to be tried at Pittsfield, Berkshire County, on
October 11 last, and a jury was drawn and summoned for
that purpose, and the case was fully prepared for trial ; when,
about seven days before the time assigned, one of the Com-
16 ATTORNEY- GENERAL'S REPORT. [Jan.
wealth's witnesses was taken sick, making it impossible to
proceed, and upon my suggestion to the court the jurors
were notified not to attend, and the case stands for trial at a
time to be appointed by the court.
Michael Mahostey, alias Whyte, of Dudley, Worcester
County, for the murder of Frank F. Spencer by shooting
with a pistol, on the 19th of August, 1888. Indictment
found and returned into court Oct. 17, 1888.
Of the foregoing pending indictments, the four against
Sarah J. Robinson in due time will be filed to await further
events. Those against Randall, Rivers and Light, and
Mahoney, will be tried at the earliest day practicable.
Murder Trials. — I would again respectfully call the
attention of the Legislature to the propriety of changing the
law so that murder trials may be had in the Superior Court
before two or three justices, as may be deemed best. As I
stated in my last report, the increased and increasing duties
of the justices of the Supreme Judicial Court call for a
change, which, if made, will not endanger the rights of
prisoners ; and trials could be more readily obtained at
stated terms, and so, I believe, more economically con-
ducted. The trials as now required by law are to be pre-
sided over by two, at least, of the justices of the Supreme
Judicial Court, and at such times as can be appointed, —
taking into consideration the other duties of that court ; and
exceptions upon questions of law can be taken the same as
in trials in the Superior Court. The recognized ability of
justices of the Superior Court, by their often promotion to
the bench of the Supreme Judicial Court, is sufficient
guarantee of an intelligent and sound administration of the
law in such trials.
Savings Deposits. — In my last annual report I called
the attention of the Legislature to the pecuniary interest
the Commonwealth has in deposits of long standing in the
several savings banks. I believe there are many deposits
made by individuals, now lying in the savings banks and
institutions for savings, that have been there so Ions: that the
accumulations have increased them to the maximum limit of
1889.] PUBLIC DOCUMENT — No. 12. 17
the law, so that these deposits do not and have not for many
years drawn any interest. It is believed that in many of
these cases, owing to the death of intestate depositors with-
out heirs, the deposits and the accumulations rightfully
belong to the Commonwealth. They certainly do not belong
to these institutions, and I again suggest that some legisla-
tion to remedy this state of affairs should be had. I renew
my suggestion that some legislation requiring all deposits of
this class, which have remained on deposit for more than
twenty years unclaimed, be paid into the treasury of the
Commonwealth, to be held and used under such conditions
as may be deemed best.
And I further suggest that all deposits now held by such
banks and institutions, which were deposited in the settle-
ment or distribution of an estate or trust, or any part
thereof, by order of the Probate Court, Court of Insolvency,
or other court, and which have been unclaimed for five
years, shall with all accumulations be paid over by such banks
and institutions to the treasurer of the Commonwealth, to be
held by him, without interest or increase to be paid thereon,
subject for fifteen years to the claim of the rightful owner
thereto.
And that all such deposits hereafter made shall draw
interest or dividends at the same rate as other deposits in
the same bank or institution while they remain therein,
without regard to the amount deposited ; and after any such
deposit has remained for five years unclaimed by the owner,
or without being ordered to be drawn out by some court
having jurisdiction in the premises, the same and all accu-
mulations shall be paid over by such banks and institutions
to the treasurer of the Commonwealth, to be held by him,
without interest or increase to be paid thereon, subject for
fifteen years to the claim of the rightful owner thereto.
Suits against the Commonwealth.
[Under chapter 195 of the Public Statutes.]
Under chapter 195 of the Public Statutes, as amended by
the Act of 1887, chapter 246, authorizing suits to be brought
18 ATTORNEY- GENERAL'S REPORT. [Jan.
against the Commonwealth, the following cases have been
filed : —
William Washburn v. Commonwealth, noticed in my last
report, involving the right of the plaintiff to recover oji
equitable ground, for certain services alleged to have been
rendered at the request of the joint standing committee on
the State House of the General Court of 1878. An appro-
priation of a thousand and fifty dollars was made by the
Legislature of 1885 to settle the claim, that sum representing
the value of the plans of the petitioner actually taken and
used, but the sum has not been accepted or paid, and the
claimant seeks equitable relief in his present proceeding.
The case is now pending.
Murdock Parlor Grate Company v. the Commonwealth.
This case involves the claim for damages to building No. 20
Beacon Street, a portion of which is leased to the State and
occupied by the Bureau of Statistics. It is charged that the
portion of the building thus occupied was overloaded with
documents and papers, so that the floor was caused to settle,
to the damage of other parties in the amount claimed, namely
$247.89. The case has not as yet been argued.
James Adams v. the Commonwealth. Suit to recover
$(>G6. 50 as the value of certain diseased swine killed by
direction of the Board of Cattle Commissioners, and for care
and maintenance of other swine kept isolated as alleged by
direction of said Board. The case not yet heard.
Martin Wesson v. the Commonwealth. A claim which
has heretofore been before the court, growing out of an
alleged breach of contract in respect to prison labor at the
time the State work-house was temporarily removed from
Bridgewater to Westborough. Amount involved, $5,188.48.
Tax Suits against the Western Union Telegraph
Company.
The case of the Attorney-General ex rel. Treasurer v.
the Western Union Telegraph Company, involving the tax
for the year 1885, which in the last report of the department
was noticed as having been appealed by the defendant to the
Supreme Court of the United States and advanced on the
1889.] PUBLIC DOCUMENT — No. 12. 19
docket, has been brought to a substantial termination,
involving a full hearing of the case by said court, and the
tax, namely $10,618.40 with statutory interest (twelve per
cent.) thereon to the date of the first decree and costs of
suit, paid into the treasury of the State. There still remains
undetermined a question of interest, involving several hun-
dred dollars, which arises from the claim of the depart-
ment to interest at said rate up to the date of the decree
on the mandate of the Supreme Court. Interest was
allowed by the Circuit Court at said rate only up to the date
of the first decree of the Circuit Court. I have contended
that the Commonwealth is entitled to interest at the statu-
tory rate up to the date of the final decree after the mandate,
on the ground that until that date the matter was not adju-
dicated. This question is now being contested before the
Supreme Court of the United States.
Two other cases against the same company, involving the
tax for the years 188(i and 1887, have been brought and are
now pending in the United States Circuit Court in this dis-
trict. In these cases the company have introduced evidence
not offered in the previous case upon which it is sought to
raise new questions as to the validity of the assessment.
The preparation of these cases has developed a manifest
inconsistency in the tax law as it has been construed for
a number of years past, to which I respectfully call your
attention.
Chapter 8, section 40, of the Public Statutes provides that
telegraph companies shall pay a tax on their corporate fran-
chise at the legal rate of assessment upon such a portion of
the whole valuation of their capital stock as the length of
that part of the line lying within this State is proportional to
their total mileage of line in and out of the State. In deter-
mining this proportion it has been the custom of the State
to take into account the mileage of lines or posts , without
regard to the number of wires on the lines or posts. Massa-
chusetts has only about one fifty-fifth of the total mileage of
line, while it has fully one forty-third of the total mileage of
wire. Manifestly the mileage of ivire is the index of the
revenue of the. company, and the extent that the company
has exercised its franchise within this State. I respectfully
20 ATTORNEY- GENERAL'S REPORT. [Jan.
call your attention to the subject. Another suit has just
been instituted against said company for the taxes for the
year 1888.
Suit for Abatement of Taxes.
The department has also been called upon to defend an
important suit brought by the Suffolk Savings Bank against
the Commonwealth for an abatement of its tax. The suit is
now pending in the Supreme Judicial Court, and will prob-
ably be argued during the present month. The bank claims
that the whole value of the building and ground occupied in
part for banking purposes should be deducted from the
amount of the " deposit" money, upon which a State tax of
one-half of one per cent, per annum, or one-quarter of one
per cent, semi-annually, is assessed.
In the preparation of this suit the following facts were
developed : Under the Act of 1876, a savings bank is
required to accumulate a surplus fund from its earnings for
the purposes therein stated. This fund at first was of course
small, and was reported as distinct from what was termed
" deposits," upon which the State tax was assessed. This
fund in the bank referred to, by annual accumulation, now
amounts to over four hundred thousand dollars. In all the
savings banks of the State there are over nine millions of
dollars thus held. This fund is on deposit in the bank and
belongs to the depositors. It is invested indiscriminately
with other funds of the bank in lawful securities. In my
judgment this money should have been included in the sum
denominated "deposits," upon which the State tax should
be paid. I respectfully call your attention to the subject,
for such action as you may deem proper.
Public Charities.
The department has engaged in a number of suits and
proceedings involving public charities. I have deemed these
causes as deserving especial attention of the Attorney-
General. Of this class of cases there is now pending the
case of Mrs. Mary Whitney's will, involving a bequest of
over one hundred and twenty-five thousand dollars. A
lengthy hearing has been had before a single justice, and
the case is now awaiting hearing before the full bench.
1889.] PUBLIC DOCUMENT — No. 12. 21
Should the will of this most estimable lady be sustained, a
large amount will be added to our public charities.
In the case of the will of Captain Percival, involving a
charitable bequest of over twenty-five thousand dollars,
which was for some time pending in the Supreme Judicial
Court, a decision has been rendered sustaining the will, and
the funds are now being applied to the proper purposes.
There is also pending in the Supreme Judicial Court the
case of the will of G. S. Holmes, by which about four
thousand dollars is left in trust for the relief of disabled
seamen and soldiers, who served in the union army in the
late war, and to their widows and orphans. In this case
an appearance has been entered, and a claim made for the
funds for the above object.
In the case of the will of Hemy Barr of Salem, about
twenty-five thousand dollars was left, after the termination
of certain life estates, to the Marine Society of Salem to
establish and maintain a Bethel for the accommodation of
seamen. The life estate referred to has recently terminated,
and a petition has been filed in the Supreme Judicial Court
by the trustees, asking for instructions. The fund is claimed
by certain heirs at law on the ground that the trust has
failed. I have entered an appearance in this case, and asked
that the funds be applied to the purposes specified by the
testator in the will, or to some kindred object within the
general charitable intent of the testator.
There is also pending in the Supreme Judicial Court the
petition of the proprietors of the St. Paul's Church of
Boston, asking permission to apply a portion of certain
funds held by trustees for a charitable purpose towards the
erection of a Rectory, the title to the property to remain
with the trustees. I have deemed it my duty, in view of
all the circumstances, to oppose the petition, and suggest
that the fund shall be held strictly for the purposes for
which it was created.
There are, in addition to these cases specially mentioned,
several others in which the department has taken part — for
an enumeration of which see the tables appended — and
which are now pending.
22 ATTORNEY- GENERAL'S REPORT. [Jan.
Miscellaneous Matters.
Commonwealth v. the Town of Williamstown. This is a
suit brought by the Commonwealth to recover interest on
one of several bonds, amounting in all to thirty-three thou-
sand dollars, issued by the town of Williamstown in 1859 in
payment of its subscription to the capital stock of the Troy
and Greenfield Railroad. The scrip was bought by the
State soon after the issue as an investment of a portion of
the school money. The case is now on trial before the
Superior Court. As the present Attorney-General was con-
sulted by the town in this matter prior to his election to his
present office, the case is being wholly managed and tried
by Assistant Attorney-General Bliss.
By chapter 349 of the Acts of the Legislature of 1888,
entitled " An act to provide for the better accommodation
of the State government in the city of Boston," certain
duties were imposed upon this department which have been
performed, together with all other labors concerning the car-
rying into effect the provisions of said act, as have been
requested by the Governor and Council. The titles to the
estates taken are being searched, forms prescribed and
examined, and notices given, and various other matters per-
taining to the purposes of the statute have been attended to
as they from time to time have demanded attention. Much
more labor will have to be given to this matter before all
settlements are made.
The insurance commissioner has referred to this depart-
ment the violation of chapter 183 of the Acts of 1885 by
six insurance companies doing an insurance business on the
assessment plan and under said act, and in all of the cases
injunctions have been obtained, receivers appointed, and
the affairs of the companies are now being wound up,
preparatory to their final dissolution.
The criminal case of the Commonwealth v. George
Plaisted is deserving of particular reference, as in its
decision the constitutionality of the Act of 1885, chapter
323, giving to the Governor with the advice of the Council
1889.] PUBLIC DOCUMENT — No. 12. 23
the authority to appoint the Board of Police for the city of
Boston, was also decided. The case was reported to the
Supreme Judicial Court by a justice of the Superior Court,
and primarily involved the question of the validity of a
municipal ordinance of the city of Boston prohibiting the
performing by itinerant musicians in the public streets. In
this case the complaint was for performing on the cornet in
the streets by members of the Salvation Army. As the
ordinance was enforced by the Board of Police, the question
of the validity of its existence was incidentally involved.
The court, in a decision recently sent down, decided that
the particular ordinance in question was reasonable and
valid, and that the Board of Police was a legal and constitu-
tional body, duly and properly established. See case in
147 Mass. ^Reports.
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
Sarah J. Robinson for the murder of Prince Arthur Free-
man, the same having been published and distributed in
accordance with the provisions of that chapter. This vol-
ume is of particular value, as in the case some important
questions as to the admission of evidence were involved and
settled.
The department has been called upon to advise with the
heads of other departments of the State government to an
unusual extent during the year, something over two hun-
dred oral opinions and over one hundred written opinions
having been given.
The collections of the year have been larger in amount
than ever before. Proceedings were instituted against cor-
porations and several individuals. The total amount col-
lected— for a more particular description of which see
pp. 39, 43, of this report — was $49,416.59; $15,704.24
of this amount was received from corporations for taxes ;
$220.27 for fees; $3,292.61 from other sources, and
$199.47 for costs in civil cases, have been received and paid
over.
24 ATTORNEY- GENERAL'S REPORT. [Jan.
I have to repeat my recommendation of last }rear as to the
increase of the salaries of the assistants in the department,
with particular reference to the salary of the second assistant,
which is inadequate as payment for the work done Iry him.
The great increase of the duties of the department, as may
be seen by a glance at the accompanying tables, is such as to
demand quite all the time of and the best of the ability of
the assistants.
My predecessor in office wrote as follows in his last report
(1887) upon this matter : —
Being about to retire from the office of the Attorney-
General, after having had the honor of serving the Common-
wealth in that capacity for nearly five years, I can with
propriety recommend that the salaries of the officers in the
department be increased. The work therein has and is ma-
terially 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 1879, when the gen-
eral reduction of salaries of State officers was made, the
salary of the Attorney-General and assistant were reduced
and have not since been raised. In the case of other
officers whose salaries Avere then reduced, an increase has
been had. I would recommend that the salaries of this
department be considered, and that those of the two assist-
ants be, at least, twenty-five hundred and two thousand
each, respectively.
As the business of the department during the year 1888
is two hundred per cent, larger than it was in 1879, and the
full amount paid for salaries is actually five hundred dollars
($500.00) less, I would respectfully urge the attention of
the Legislature to this matter.
Henry C. Bliss, Esq., and H. A. Wyman, Esq., have
continued in the office as assistants, and have rendered faith-
ful, efficient and constant service.
Details of the work of the department for the year, with
tables, are annexed.
ANDREW J. WATERMAN,
Attorney- General.
1889.] PUBLIC DOCUMENT — No. 12.
25
TABLE OF CASES.
TABLE
Showing the Number of Criminal Cases pending on Questions of
Law in the Supreme Judicial Court during the Year ending
January 16, 1889, and the Disposition thereof by Counties.
gainst
ealth.
o
c
since
ing of
now
<s O £
.a ~
COUNTIES.
1
sS g
§ s
a 3
V O
3 S
8 S
"O g
be
eceivec
last si
Court
uendiu
o
o
a 6
<
M
Barnstable,
3
1
2
Berkshire, .
4
3
1
-
_
Bristol,
2
2
-
_
_
Essex.
11
11
-
-
_
Franklin, .
1
-
-
1
_
Hampden, .
2
2
-
-
-
Hampshire,
1
1
-
-
-
Middlesex,
21
16
-
-
5
Nantucket,
1
1
-
-
_
Norfolk, .
10
2
4
_
4
Plymouth, .
14
13
_
1
_
Suffolk, .
17
12
4
-
1
Worcester,
8
7
1
~ ■
-
Totals,
•
95
71
10
2
12
26
ATTORNEY- GENERAL'S REPORT.
[Jan.
TABLE
Shotting the Number and Character of Criminal Cases pending on
Questions of Law in the Supreme Judicial Court during the Year
ending January 16, 18S9, and the Disposition thereof.
^
5 £
o
b i
OFFENCES.
<2 «
§ t
s » 5
"2 ** o
s ■a
- «
•a '5
■sl«^
rt
la
q a
o
■S £
1 a
J'
eceiv
last
Com
pend
o ^
<
M
Adulterated milk, possession of,
3
2
1
Adulterated milk, sale of,
_
_
_
1
Adultery,
1
-
-
-
Arson,
2
_
_
_
Assault upon an officer, .
1
_
_
_
Assault with dangerous weapon,
1
-
-
—
Attempt to extort money,
1
-
-
-
Burning a building, ....
_
-
-
1
Conspiracy,
_
1
_
_
Destruction of a dam,
-
-
1
-
Forgery,
2
-
—
_
House of ill-fame, ....
1
_
-
_
Keeping a pool room,
-
1
-
-
Larceny from the person,
1
-
-
-
Larceny,
2
2
-
-
-
Liquor, illegal keeping of,
15
13
1
-
1
Liquor, illegal sale of, .
9
7
1
-
1
Liquor nuisance, ....
42
30
4
_
8
Loitering at l'ailroad station, .
1
_
_
_
Lottery, promoting of,
1
-
-
-
New trials,
2
—
—
_
Oleomargarine, illegal sale of,
_
1
_
_
Robbery,
-
-
1
-
Rape,
1
-
-
-
Vagrancy,
1
_
_
_
Violation of municipal ordinance, .
1
-
-
-
Totals, '. . . . .
95
71
10
2
12
1889.] PUBLIC DOCUMENT — No. 12. 27
CASES
Argued and conducted by the Attorney- General during the Year
ending January 16, 1889.
MATTERS EX RELATIONE.
The Attorney-General ex rel. Treasurer v. Charles W. Cope-
land Manufacturing Company. 8. J. C. Injunction for non-
payment of corporation tax. Tax and interest with costs
received and paid over. Information dismissed.
Attorney-General ex rel. Treasurer v. Crystal Emery Wheel
Company. S.J. C. Injunction for non-payment of corpora-
tion tax. Tax, interest with costs received and paid over.
Information dismissed.
The Attorney-General ex rel. Treasurer v. Educational Supply
Company. S. J. C. Injunction for non-payment of corpora-
tion tax. Tax, interest with costs received and paid over.
Information dismissed.
The Attorney-General ex rel. Treasurer v. George J. Raymond
Company. S.J. C. Injunction for non-payment of corpora-
tion tax. Pending.
The Attorney-General ex rel. Treasurer v. Grafton Water Com-
pany. S. J. C Injunction for non-payment of corporation
tax. Tax, interest with costs received and paid over. Infor-
mation dismissed.
The Attorney-General ex rel. Treasurer v. Lewis Engraving
Company. S. J. C. Injunction for non-payment of corpora-
tion tax. Tax, interest with costs received and paid over.
Information dismissed.
The Attorney-General ex rel. Treasurer v. the Lynn Ice Company.
S. J. C. Injunction for non-payment of corporation tax.
Tax, interest with costs received and paid over. Informa-
tion dismissed.
The Attorney-General ex rel. Treasurer v. Norway Tanning Com-
pany. S. J. C. Injunction for non-payment of corporation
tax* Tax, interest with costs received and paid over. Infor-
mation dismissed.
28 ATTORNEY- GENERAL'S REPORT. [Jan.
The Attorney-General ex rel. Treasurer v. Standard Pulp Com-
pany. S. J. C. Injunction for non-payment of corporation
tax. Company without assets of any kind. Information
dismissed.
The Attorney-General ex rel. Treasurer v. United Manufacturing
Company. 8. J. C. Injunction for non-payment of corpora-
tion tax. Tax, interest with costs received and paid over.
Information dismissed.
The Attorney-General ex rel. Treasurer v. United States Fire
Works Company. S. J. C. Injunction for non-payment of
corporation tax. Tax, interest with costs received and paid
over. Information dismissed.
The Attorney-General ex rel. Treasurer v. Vacuum Refrigerator
Company. S J. C. Injunction for non-payment of corpora-
tion tax. Injunction issued.
The Attorney-General ex rel. Treasurer v. W. T. M. Injector
Company. S. J. ('. Injunction for non-payment of corpora-
tion tax. Settled in insolvency. Information dismissed.
Commonwealth v. Rockport Savings Bank. S. J. C. Final re-
port of receiver received and allowed.
Commonwealth v. Needhain Savings Bank. S. J. C. Final
report of receiver received and allowed.
The Attorney-General ex rel. Civil Service Commissioners v.
Mayor of Fitch b.urg S. J. C. Worcester, ss. Illegal ap-
pointment under Civil Service law. Information dismissed
for want of jurisdiction.
Petition for the dissolution of the Electric Storage and Light
Company by said company. S. J. C. Deputy Tax Com-
missioner's consent filed.
Petition for the dissolution T. P. Dresser Manufacturing Company
by said company. S. J. C. Deputy Tax Commissioner's
consent filed.
The Attorney-General ex rel. Civil Service Commissioners v.
Charles H. Hurley. S. J. C. Information in the nature of a
quo warranto. Bill dismissed. Court had no jurisdiction in
equity.
Petition for dissolution of Alta Manufacturing Company by said
company. S. J. C. Deputy Tax Commissioner's consent
filed.
Petition for dissolution of China Silver Mining Company by
said company. S. J. C. Deputy Tax Commissioner's con-
sent filed.
Petition for the dissolution of the Bagnall and Loud Block Com-
pauy by said company. S. J. C. Deputy Tax Commissioner's
consent filed.
1889.] PUBLIC DOCUMENT — No. 12. 29
The Attorney-General ex rel. Treasurer v. TV. T. M. Injector
Company. Insolvency Court. Suffolk, ss. Amount of claim
filed, $231.92. Total assets of company, after deduction of
assignee's fees, $190.36 ; received, on the Commonwealth's
preferred claim, and paid over.
Petition for dissolution of the National Steam Boiler Company
by said company. S. J. C. Deputy Tax Commissioner's
consent filed.
Petition for dissolution of the Colby Wringer Company by said
company. S. J. C. Deputy Tax Commissioner's consent
tiled.
The Attorney-General ex rel. Insurance Commissioner v. Equita-
ble Mutual Relief Society. S. J. C. Petition for the ap-
pointment of a receiver. Receiver appointed.
The Attorney-General ex rel. Harbor and Land Commissioners v.
Algonquin Club. S. J. C. Information for injunction for
violation of condition of deeds of land from the Common-
wealth on the Back Bay. Pending.
Petition for the dissolution of the Lowell Atomizer Company by
said company. S. J. C. Deputy Tax Commissioner's con-
sent filed.
James K. Adams v. the Commonwealth (Cattle Commissioners).
Petition for compensation for care, killing and hartal of cer-
tain swine infected with disease. Superior Court. Suffolk
County. Pending.
Petition for dissolution of the New England Cremation Society
by said society. S. J. C. Deputy Tax Commissioner's con-
sent filed.
Commonwealth v. Scituate Savings Bank. S. J. C. Final report
of receiver filed and allowed.
Petition for dissolution of Automatic Music Paper Company by
said company. S. J. C. Deputy Tax Commissioner's con-
sent filed.
Petition for dissolution of Chester Emery Company by said com-
pany. S. J. C. Deputy Tax Commissioner's consent filed.
The Attorney-General ex rel. Harbor and Land Commissioners v.
John B. Jeffers. S. J. C. Injunction to restrain defendant
building on Meridian Street bridge. Pending.
The Attorney-General ex rel. Railroad Commissioners and town
of Wareham v. Onset Bay Railroad Company. S. J. C.
Injunction to restrain the operation of railroad. The matter
settled by agreement. Information dismissed.
Petition for the dissolution of the Agawam Canal Company by
said company. S. J. C. Deputy Tax Commissioner's con-
sent filed.
30 ATTORNEY- GENERAL'S REPORT. [Jan.
Commonwealth v. Middlesex Central Railroad Company and Bos-
ton and Lowell Railroad Company. Middlesex County Com-
missioners. Petition for award of damages under chapter 10
of the Acts of 1879. Judgment for Commonwealth, $375.00.
Case now in suit for interest.
The Attorne3T-General (Edward J. Russell, warden) v. Tucker
Manufacturing Company. 8. C. Action of contract for prison
labor. In the hands of a receiver, and the State is secured
by a special bond.
Petition of Suffolk Savings Rank for Seamen and Others v. Com-
monwealth. S. J. C. To correct assessment value of build-
ings for purposes of taxation. Case reported to full court.
Pending.
The Attorney-General ex rel. Commissioner of Corporations v.
Martin Wilson Automatic Fire Alarm Company. Failure to
comply with chapter 330 of the Acts of 1884. Pending.
Petition for the dissolution of the Union Skating Rink Company
by said company. S. J. C. Deputy Tax Commissioner's
consent filed.
The Attorney-General ex rel. Savings Rank Commissioners v.
Union Savings Bank, Fall River. S. J. C. Injunction
issued. Petition for receiver pending.
The Attornev-General ex rel. Insurance Commissioner v. Massa-
chusetts Relief Association. S. J. C Injunction for viola-
tion of chapter 183 of the Acts of 18S5. Injunction issued
and receiver and master appointed.
The Attorney-General ex rel. Insurance Commissioner v. JEtna
Life Insurance Company. S. J. C. Injunction for violation
of section 68, chapter 214 of the Acts of 1887. Proceedings
withdrawn at the request of the Insurance Commissioner.
Petition for dissolution of Butter Braider Company. S. J. C.
Deputy Tax Commissioner's consent filed.
The Attorney-General ex rel. Treasurer v. Goulding Mills. S. J.
C. Injunction for ntn-payment of taxes. Information dis-
missed. Case settled in insolvency.
The Attorney-General ex rel. Treasurer v. Brockton Gazette Pub-
lishing Company. S. J. C. Injunction for failure to file
the returns required by section 38 of chapter 13 of the Public
Statutes. Returns received. Costs received and paid over.
The Attorney-General ex rel. Harbor and Land Commissioners v.
Marcellus S. Aver et al. and Spiritual Fraternity. S. J. C.
Information for the violation of condition in the deed from the
Commonwealth. Argued, and reserved for consideration by
full court. Not yet heard.
1889.] PUBLIC DOCUMENT — No. 12. 31
The Attorney-General ex rel. Treasurer v. Western Union Tele-
graph Company. S. J. C. Injunction for the non-payment
of taxes for the year 1885. Defendant transfers the case to
United States Court. Judgment for Attorney-General (case
not finally disposed of ; see United States Circuit Court,
p. 45).
The Attorney-General ex rel. Treasurer v. The Midland Improve-
. ment and Construction Company. Suit 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. Lighthall Cable Tram-
way Company. Suit for taxes of 1885. Pending.
The Attorney-General ex rel. Treasurer v. Town of Peru. Suit
for board of pauper. Pending.
The Attorney-General ex rel. Secretary of State v. George Robin-
son, Standing Justice District Court, Eastern Hampden.
Failure to make returns under chapter 16, section 72, Public
Statutes, for 1884 and 1885. Made for 1885. Pending as
to 1884. Referred to District Attorney.
The Attorney-General ex rel. Treasurer v. Snow Paper Company.
Claim in insolvency. No assets ; so reported.
The Attorney-General ex rel. Treasurer v. National Color Printing
Company. Claim in insolvency. No assets ; so reported.
The Attorney-General ex rel. Treasurer v. Telegram Publishing
Company. Claim in insolvency. Tax and interest ($95.80)
received and paid over.
The Attorney-General ex rel. Commissioner of Corporations v.
Standard Sewer Trap Company. Failure to comply tvith
chapter 330, Acts of 1884. Pending.
Commonwealth, by Insurance Commissioner, v. New Enoland
Marine Insurance Company. S. J. C. Receiver discharged ;
affairs of the company closed up.
The Attorney-General ex rel. Warden of State Prison v. Ira & A.
E. Blanchard. Claim in insolvency. 82,782.01 received and
paid over.
The Attorney-General ex rel. Civil Service Commissioners v. Harry
C. Hill. S. J. C. Information quo warranto to try title to
office. Dismissed. Defendant resigned from office.
The Attorney-General ex rel. Gardiner Tufts, Superintendent
Massachusetts Reformatory, v. J. Henry Martin & Son, and
Wilber F. Whitney, Trustee. S. C. AVorcester County.
Claim for icork done by jwisoners. Pending.
32 ATTORNEY- GENERAL'S REPORT. [Jan,
The Attorney-General ex rel. Commissioner of Corporations v.
Capital City Water Company. Violation of chapter 330 of
the Acts of 1884. Pending."
The Attorney-General ex rel. v. Miller's River Gas Light Com-
pany. Violation chapter 14, section 61, of Public Statutes.
Referred to District Attorney Worcester County.
Attorney-General ex rel. William R. Mann and others, Committee
of Inhabitants of the Town of Sharon, v. Revere Copper
Company. S. J. C. Information for injunction against
drawing icater from Massapoag Pond. Pending.
Mary J. Moore, Mary B. Thompson and Belinda A. Dolan, peti-
tioners, v. Commonwealth. S. J. C. Damages for fats
t 'like a by Harbor and Land Commissioners. Referred to an
auditor. Pending.
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. Removed to United States
Circuit Court, which see.
The Attorney-General ex rel. Treasurer v. Western Union Tele-
graph Company. Injunction for corporation tax of 1887 .
Removed to United States Circuit Court, which see.
The Attorney-General ex rel. Commissioner of Corporations v.
Baker's Pond and Drain Fishing Company, failure to pay
Jee under section 84, chapter 106 of Public Statutes. Fee
received and paid over.
The Attorney-General ex rel. Commissioner of Corporations v.
Winona Paper Company. Failure to make returns required
under section 54, chapter 106 of Public Statutes. Returns
received.
Commonwealth, by Board of Commissioners of Savings Banks, v.
North Bridgewater Savings Bank. S. J. C. Final report
received and allowed.
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. Reading Savings Bank. Same.
Commonwealth, by Deputy Tax Commissioner, v. Neptune Insur-
ance Company. S. J. C. Petition for injunction and ivind-
ing up of affairs. In the hands of a receiver.
The Attorney-General ex rel. Treasurer v. Norwood Gas Light
Company. S. J. C. Injunction for failure to file returns
required by section 38, chapter 13 of the Public Statutes.
Returns received. Costs received and paid over.
1889.] PUBLIC DOCUMENT — No. 12. 33
The Attorney-General ex rel. Treasurer v. the Lynn District
Messenger and Telegraph Company. S. J. C. Injunction
for failure to file returns required by section 38, chapter 13
of the Public Statutes. Returns received. Costs received
and paid over.
The Attorney-General ex rel. Treasurer v. the Freeman Manufac-
turing Company. S. J. C. Injunction for failure to file
returns required by section 38 of chapter 13 of the Public Stat-
utes. Returns received. Costs received and paid over.
The Attorney-General ex rel. Treasurer v. Metropolitan Cab Com-
pany. 8. J. C. Injunction for failure to file returns required
by section 38, chapter 13 of the Public Statutes. Returns
received. Costs received and paid over.
The Attorney-General ex rel. Insurance Commissioner v. the
Provident Mutual Association. S. J. C. Information for
injunction for violation of section 8, chapter 183 of the Acts
of 1885. Injunction granted and receiver appointed.
The Attorney-General ex rel. Insurance Commissioner v. the
Provident Fraternity. S. J. C. Information for an injunc-
tion for violation of section 8, chapter 183 of the Acts of
1885. Injunction granted and receiver appointed.
Commonwealth V.Boston and Lowell Railroad Corporation. S. C.
Action of contract or interest on aivard of damages for land
taken at Concord. Pending.
The Attorney-General ex rel. Savings Bank Commissioners v.
Lancaster Savings Bank. S. J. C. Petition for removal of
Benjamin Snow as a receiver and to have other two receivers
act instead. Petition granted. Guardian ad litem ap-
pointed.
The Attorney-General ex rel. Treasurer v. Grafton Water Com-
pany. S. J. C. Information for injunction for failure to file
the returns required by section 38 of chapter 13. Returns
received. Costs received and paid over.
The Attorney-General ex rel. Commissioner of Corporations v.
Lamson Consolidated Store Service Company. Failure to
comply with chapter 330, Acts of 1884. Statute complied
with.
The Attorney-General ex rel. Insurance Commissioner v. the
United States Mutual Accident Relief Association. S. J. C.
Information for injunction for violation of section 8 of chapter
183 of the Acts of 1X85. Injunction granted and receiver
and master appointed.
Commonwealth v. Fitchburg Railroad Company. S. C. Suffolk,
ss. Action of contract Jor rent under lease of Southern Ver-
mont Railroad Company. Pending.
34 ATTORNEY- GENERAL'S REPORT. [Jan.
The Attorney-General ex rel. Insurance Commissioner v. the
American Mutual Life Insurance Company. S. J. C.
Information for injunction for violation of section 8 of chap-
ter 183 of the Acts of 1885. Preliminary injunction issued.
The Attorney-General ex rel. Gas Commissioners v. Citizens'
Steam and Gas Light Company of Lynn. Failure to make
returns required by section 7 of chapter 314 of the Acts of
1885. Returns received.
The Attorney-General ex rel. Gas Commissioners v. Norwood
Gaslight Company. Failure to make returns required by
section 7 of chapter 314 of the Acts of 1885. Returns received.
Petition for the dissolution of the Tahanto Manufacturing Com-
pany. S. J. C. Deputy Tax Commissioner's consent filed.
In Re Home Mutual Aid Association. S. J. C. Petition oj
receiver for alloivance of final report. Pending.
Petition for the dissolution of Boston Ship Windlass Company.
Deputy Tax Commissioner's consent filed.
Murdock Parlor Grate Company v. The Commonwealth. S. C.
Suffolk, ss. Petition under chapter 195 for damages for over-
loading leased building, 20 Beacon Street: Pending.
Proprietors of St. Paul's Church, petitioners, for permission to
use trust fund. Reported to full court. Pending.
Eastman, Jr., et al. v. Allard. S. J. C. Petition for instructions
as to use of charitable funds. Answer filed. Pending.
Holmes et al. v. Coates. Construction of a will. Answer filed.
Pending.
The Attorney-General ex rel. Treasurer v. Boston and Sandwich
Boot and Shoe Company. Information for an injunction.
Information dismissed.
Petition for the dissolution of Massachusetts Co-operative Asso-
ciation by said company. Deputy Tax Commissioner's con-
sent filed.
The Attorney-General ex rel. Treasurer v. Western Union Tele-
graph Company. Information for injunction for taxes, 1888.
Pending.
Attorney-General ex rel. Gas Commissioners v. N. B. Wilbur.
Proportional share of Gas Commissioners' expenses under
chapter 314 of the Acts of 1885 and chapter 346 of the Acts oj
1886. Received and paid over.
Attorney-General ex rel. Treasurer v. the Estate of Timothy J.
Dacy, guardian Henry Fall. For board at Northampton
Hospital. Pending.
1889.] PUBLIC DOCUMENT — No. 12. 35
Attorney-General ex rel. Commissioner of Corporations versus —
Vacuum Refrigerator Company.
Nemasett Company.
Palmer Water Company.
Failure to pay fees for filing returns under section 54 of chapter
106. Pending.
Attorney-General ex rel. Treasurer Danvers Lunatic Hospital v.
Charles E. Bowers. For board of patient in Danvers Lunatic
Hospital. Pending.
Attorney-General ex rel. Treasurer versus —
The Abbott Spinner Company.
The Boston Coffee House Company.
The Consumers' Gas Company.
Corporation tax of 1887. Taxes abated by Board of Appeal.
Proceedings stayed.
The Attorney-General ex rel. Treasurer versus —
American Chlorine and Chemical Company.
American Diorama Company.
Atherton Machine Compan}T.
Baker's Pond and Drain Fishing Company.
Baltimore and Ohio Telegraph Company of Massachu-
setts.
Bankers' and Merchants' Telegraph Company of Massa-
chusetts.
Berkshire Water Company.
Blair Manufacturing Company.
Boston Coffee House Company.
Boston Oakum Company.
Boston Water Trust Investment Company.
Boston AVool Company.
Bradford Water Company.
Bridgewater Water Company.
Brockton Gazette Company.
Cape Ann Granite Company.
Chelsea Publishing Company.
Columbia Rubber Company.
Co-operative Market of Webster.
East Cambridge Land Company.
Educational Publishing Company.
Emerson Power Scale Company.
Fall River Marine Company.
36
ATTORNEY- GENERAL'S REPORT. [Jan.
The Attorney-General ex rel. Treasurer versus —
Foote Refrigerator Company.
Freeman Manufacturing Company.
George J. Raymond Company.
Grafton Water Company.
Grant Corundum Wheel Manufacturing Company.
Greylock Park Company.
Hampden Watch Company.
Haverhill Roller Toboggan Company.
Herman W. Ladd Company.
Hero Cough Syrup Company.
Holyoke and Springfield Steamboat Company.
Hopkins Watch Tool Company.
Hull Street Railway Company.
J. Baker and Brothers Manufacturing Company.
Knights of Labor Co-operative Publishing Company.
Konkapot Valley Railroad Company.
Law and Order Publishing Company.
Long Beach Railroad Company.
Lynn District Messenger and Telegraph Company.
Lynn Sovereign's Co-operative Company.
Marlborough Street Railway Company.
Mayo Electric Manufacturing Company.
McPhail Piano Company.
Meadow Company.
Metropolitan Cab Company.
Middlesex Real Estate Association of Cambridge.
Milford Electric Light and Power Company.
Milton Manufacturing Company.
Minot Manufacturing Company.
Moore and Wymau Elevator and Machine Works.
National Fireworks Company.
Nortkfield Co-operative Creamery Company.
Norway Tanning Company.
Norwood Gas Light Company.
Oriental Coal Oil Company.
Owen Paper Company.
Pleasant Valley Water Company.
Prang Educational Company.
Pure Flowing Water Company.
Quaboag Steamboat Company.
Raymond Skate Company.
Revere Gas Light Company.
1889.] PUBLIC DOCUMENT — No. 12. 37
The Attorney-General ex rel. Treasurer versus —
Revere Water Company.
Russell Paper Company.
Sanford Mills.
Sanford Woolen Company.
Springfield Electric Light Company.
Springfield Envelope Company.
Standard Pulp Company.
Standard Sugar Refinery.
Standish Mills.
State Publishing Company.
Stoughton Water Company.
Suffolk County Democrat Publishing Company.
Suffolk Glass Company.
Swansey Bleach and Dye Works.
Syms and Dudley Paper Company.
Taunton Woolen Company.
Tornnaphone Music Company.
Town Neck Land and Improvement Company.
Union Stone Company.
United States Fire Works Company.
Vendome Cigar Manufacturing Company.
Wakefield Co-operative Shoe Company.
Wakefield Water Company.
Waltham Tribune Company.
Wilder Manufacturing Company.
Willey Robinson Manufacturing Company.
Winslow's Rheumatic Plaster Company.
Winthrop Gas Company.
Wire Fabric Rubber Company.
Woburn Electric Light aud Power Company.
Woolson Machine Company.
Failure to make returns required by section 38 of chapter 13 of the
Public Statutes. Complied with.
The Attorney-General ex rel. Treasurer versus —
Agawam Co-operative Shoe Company.
Hub Stove and Lighting Company.
Massachusetts Cable Construction Company.
Milton Granite Company.
Phoenix Brewing Company.
Failure to make returns required by section 38 of chapter 13 of the
Public Statutes. Pending.
38 ATTORNEY- GENEKAL'S REPORT. [Jan.
HABEAS CORPUS PROCEEDINGS.
Martin Sennott v. H. E. Swan. Petition for writ of habeas cor-
pus. Case reported to S. J. C. Writ refused. Prisoner
remanded.
Petition of Charles E. Grinnell for writ of habeas corpus for
reduction of bail. Petition refused. Prisoner remanded.
Petition of Michael Conlon for writ of habeas corpus. Writ
refused. Appealed to full court. Petition dismissed. Pris-
oner remanded.
Petition of Daniel D. Mclntire for writ of habeas corpus. Peti-
tion dismissed.
Petition of Myron J. C. Dolloff for writ of habeus corpus. Writ
dismissed.
tion of William F. Davis for writ of habeas corpus. Not
brought up by petitioner.
Petition of Conrad Ziegler for writ of certiorari v. Boston Board
of Police Commissioners to revise records. Not brought up
by petitioner.
Petition of Daniel D. Mclntire for writ of scire facias to revise
record of court and reform sentence of prisoner to Massa-
chusetts Reformatory. Prisoner, having served proper sen-
tence, was discharged.
1889] PUBLIC DOCUMENT — No. 12. 39
COLLECTIONS.
American Cultivator Publishing Compaq, Tax, $75 30
Int., 89
Avery Carbonic Acid Gas Company, . Tax, $42 17
Int., 65
Bagnall and Loud Block Company, . . Tax, $ 1,731 90
Int., 17 33
Black Rocks and Salisbury Beach Street
Railway Company, .... Tax, $135 54
Int., 1 37
Boston Wall Paper Company, .
Budget Publishing Company, .
C. F. Jewett Publishing Company,
Cape Ann Granite Company, .
Charles W. Copeland Manufacturing Co., Tax, $ 50 45
Int., 7 90
Costs, 5 85
. Tax,
$451 80
Int.,
7 00
\ Tax,
$37 65
Int.,
75
. Tax,
$112 95
Int.,
1 34
. Tax,
$847 13
Int.,
8 75
. Tax,
$670 17
Int.,
8 15
Chemical Paper Company, . . . Tax, $548 18
Int., 5 85
Chicopee Folding Box Company, . . Tax, $140 06
Int., 1 47
$76 19
42 82
1,749 23
136 91
458 80
38 40
114 29
855 88
678 32
64 20
554 03
141 53
40
ATTORNEY- GENEEAL'S REPORT.
[Jan.
Citizen's Electric Light Company,
Crystal Emery Wheel Company,
Educational Supply Company, .
Elwell Heddle Company, .
Foote Refrigerator Company, .
Grafton Water Company, .
Greenfield Tool Works Company, .
H. D. Watson Publishing Company,
Herman W. Ladd Company,
Hero Cough Syrup Company,
Highland Foundry Company,
L. A. May Company, .
Lake Piano Company,
Lancaster Water Company,
Lewis Engraving Company,
Tax,
Int.,
$259 03
2 72
$261 75
40 32
267 11
381 20
36 68
232 19
19 58
380 28
670 60
180 72
1197 27
534 85
Tax,
Int.,
$39 53
79
Tax,
Int.,
$263 bb
3 56
Tax,
Int.,
$376 50
4 70
Tax,
Int.,
$36 14
54
Tax,
Int.,
Costs,
$203 32
24 39
4 48
Tax,
Tax,
Int.,
$376 50
3 78
Tax,
Int.,
$662 64
7 96
Tax,
Tax,
Tax,
Int.,
$527 10
7 75
Tax,
Tax,
Int.,
$301 20
3 16
75 30
304 36
Tax,
Int.,
$60 24
96
Lynn District Messenger & Telegraph Co., Tax, $150 60
Int., 2 26
Lynn Ice Company,
Tax, $669 04
Int., 12 48
Manufacturers' Gazette Publishing Co., . Tax, $72 29
Int., 86
Marblehead Water Company,
Tax, $343 37
Int., 5 15
Marlborough Schuyler Electric Light Co., Tax, $215 36
Int., 2 51
61 20
152 86
681 52
73 15
348 52
217 87
1889.] PUBLIC DOCUMENT --No. 12
Mayall Patents Company,
41
Tax,
Int.,
$9 64
11
Metropolitan Cab Company,
National Knights of Labor Co-operative
Fabric Company, ....
National Plaster Company,
North Attleborough Steam & Electric Co.,
Norway Tanning Company,
Pacific Guano Company, .
People's Line Company, .
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,
Suspension Transportation Company,
Tax,
Int.,
$225 90
2 41
Tax,
Lit.,
$75 30
1 02
Tax,
Int.,
$150 60
1 86
Tax,
Int.,
$301 20
3 02
Tax,
Costs
$512 04
12 80
Tax,
Int.,
$8,199 73
84 73
Tax,
Int.,
$150 60
1 52
Tax,
Int.,
$225 90
2 26
Tax,
Int.,
$2,259 00
33 88
Tax,
Int.,
$3,091 82
31 94
Tax,
Int.,
$37 65
38
Tax,
Int.,
$1,950 27
19 50
Tax,
Int.,
$15 06
19
Tax,
Int.,
$1,506 00
21 33
Tax,
Tax,
Int.,
1 1
68
Tax, $451 80
Int., 4 74
228 31
76 32
152 46
304 22
524 84
8,284 46
152 12
228 16
2,292 88
3,123 76
38 03
1,969 77
15 25
1,527 33
18 83
68 45
456 54
42 ATTORNEY- GENERAL'S REPORT. [Jan.
Union Stone Company, .... Tax, $118 97
Int., 1 20
United Manufacturing Company,
United States Fireworks Company, .
Vendome Cigar Manufacturing Co.,
W. T. M. Injector Company,
Walpole Emery Mills, ....
Walpole Woolen Mills, ....
Tax,
Int.,
$150 60
2 41
Tax,
Int.,
$271 08
5 42
Tax,
Int.,
$15 06
24
Tax,
Costs,
$185 88
4 48
Tax,
Int.,
$148 34
1 63
Tax,
Int.,
$150 60
1 65
$120 17
153 01
276 50
15 30
190 36
149 97
152 25
Westfield Electric Light Company, . . Tax, 159 03
(Corporation taxes of 1887 received and
paid over to the Treasurer), $31,716 00
Telegram Publishing Company, tax of
1886, Tax, $94 12
Int., 1 68
J5 80
Western Union Telegraph Company, for
tax of 1885, including interest, costs
and attorney's fees allowed by courts, . . . $13,892 44
Nantasket Beach Railroad Company, . Tax, $6 41
Int., 16
Trustees of Nantucket Railroad, . . Tax, $4 67
Int., 13
Worcester and Shrewsbury Railroad, . Tax, $18 44
Int., 49
Pittsfield Street Railway Company, . . Tax, $3 80
Int., 10
$6 57
4 80
18 93
3 90
(Proportional share of Railroad Commis-
sioners1 expenses under chapter 112
of Public Statutes), . . Total, . . . $34 20
1889.]
PUBLIC DOCUMENT — No. 12.
43
Citizens' Steam & Gas Light Co. of Lynn, Tax,
Int.,
Gloucester Light Company,
X. D. Wilbur,
Tax,
Int.,
Tax,
Int.,
(Proportional share of Gas Commission-
ers' expenses under chapter 314, Acts
of 1885, and chapter 346 of Acts of
1886) Total, .
Ashby Reservoir Company, ....
H. A. Williams Manufacturing Company, .
Lord and Gale Manufacturing Company,
Berkshire Heights Land Company,
Salter Silk Company,
Union Organ Manufacturing Company,
Westfield Brick Company, ....
Weymouth Gas Company, ....
Gardner Water Company, ....
Lake Piano Company,
Bi'ockton Real Estate and Improvement Company,
Odd Fellows Building Association,
Ware River Manufacturing Company, .
West Springfield Aqueduct Company, .
Ashburnham Reservoir Company,
Charles W. Copeland Manufacturing Company,
Groveland Foundry Company,
Odd Fellows Hall Association of Lawrence,
Xewburyport Quarry Company, .
Uxbridge Water Company, ....
Woburn Electric Light Company,
East Mountain Water Company, .
Union Organ Manufacturing Company (1888),
$3 78
10
$54 47
1 43
$9 45
84
55 90
10 29
$70 07
$5 00
00
00
00
00
00
00
00
00
00
00
00
00
00
00
00
00
00
00
00
00
00
00
Fees for returns under Pub. Stat., chap. 106, sects. 54 and 84,
French Co-operative Store (fee under chap. 106, sect. 46),
Albeit C. Aldrich, for board of patient at Uanvers Lunatic
Hospital, ..........
Charles Bowers, for board of patient at Dan vers Lunatic
Hospital during year 1887,
I. and A. E. Blanehard, claim in insolvency, contract labor
at the State Prison, .......
Costs in civil cases received and paid over, .
Total amount of money received from all sources,
$115 00
$1 00
$309 60
$201 00
$2,782 01
$199 47
$49,416 59
44 ATTORNEY- GENERAL'S REPORT. [Jan.
The Attorney-General ex rel. Treasurer versus —
Adams Co-operative Association.
American Co-operative Boot and Shoe Company.
American Cultivator Publishing Company.
Blackburn Valve Company.
Blair Camera Company.
Boston AVall Paper Company.
Budget Publishing Company.
Buffo rd Sons Lithographic Company.
Cape Ann Granite Company.
Charles W. Copeland Manufacturing Company.
Chicopee Folding Box Company.
Childs and Kent Express Company.
Craig and Richards Granite Company.
Crystal Emery "Wheel Company.
Damon Safe and Iron Works Company.
Educational Supply Company.
Empire Laundry Machinery Company.
Foote Refrigerator Company.
Greenfield Tool Works.
H. A. Williams Manufacturing Company.
Hall Type Writer Company.
Haverhill Roller Toboggan Company.
Herman W. Ladd Company.
L. A. May Company.
Lake Piano Company.
Lancaster Water Company.
Lynn Ice Company.
Magneso Calcite Fire Proof Company.
Manufacturers' Gazette Publishing Company.
Meigs Elevated Railway Construction Company.
National Fireworks Company.
New England Despatch Company.
Norton Manufacturing Company.
Pacific Guano Company.
Powwow Co-operative Society of Amesbury and Salis-
bury.
Prang Educational Company.
Quaboag Steamboat Company.
Reading Water Company.
S. A. Woods Machine Company.
Security Associates.
Suburban Parcel Delivery Company.
1889.] PUBLIC DOCUMENT — No. 12. 45
The Attorney-General ex rel. Treasurer versus —
Suspension Transportation Company.
Western Union Telegraph Company.
WestfiekT Buck Company.
Westport Wooden Ware Company.
William E. S my the Company.
Wright Manufacturing and Perfumery Company.
Failure to pay corporation tax of 1888. (Received January 12.)
A certain per cent, of these taxes has already been collected.
United States Circuit Court.
The Attorney-General ex rel. Treasurer of the Commonwealth v.
Western Union Telegraph Company. Injunction, non-pay-
ment of tax. From State Court. Argued. Judgment for
Commonwealth. Appealed to United States Supreme Court,
which see.
Hannah B. Hall, administratrix estate George M. Hall, v. A. W.
Locke et al., Manager Troy and 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.
The Attorney-General ex rel. Treasurer of the Commonwealth v.
Western Union Telegraph Company. Petition for instructions
by defendant as to rate of interest to be reckoned on State cor-
poration tax of 1885. Decision for Attorney-General ; rate
to be twelve per cent. Case further heard as to time from
which it should be reckoned. Decision of court that interest
should be reckoned from final decree. Case now before the
court as to what was the final decree.
The Attorney-General ex rel. Treasurer of the Commonwealth v.
Western Union Telegraph Company. Injunction for non-
payment of corporation tax of 1886. From State Court.
Pending.
The Attorney-General ex rel. Treasurer of the Commonwealth v.
Western Union Telegraph Company. Injunction for non-
payment of corporation tax of 1887. From State Court.
Pending.
United States Supreme Court.
The Attorney-General ex rel. Treasurer of the Commonwealth v.
Western Union Telegraph Company. Information for in-
junction for non-payment of corporation taxes, 1885. Appeal
from Circuit Court. (Mass. Dist.) Decision for the At-
torney-General. Mandate for the payment of tax ordered.
Tax, except part of interest, received and paid over ; see p. 42.
46 ATTORNEY- GENERAL'S REPORT. [Jan.
CRIMINAL CASES.
Barnstable County.
Commonwealth v. James Keenan. S. J. C. Liquor nuisance.
Exceptions (to admission of evidence). Overruled. (De-
faulted. )
Commonwealth v. Anthony M. Ellis and George F. Cash. 8. J.
C. Burning a building. Exceptions. Not yet heard.
Commonwealth v. James Keenan. S. J. C. Liquor nuisance.
Exceptions. Not yet heard.
Berkshire County.
Commonwealth v. Mary Whalen. 8. J. C. Liquor nuisance.
Exceptions (to overruling of motion to squash, it being
alleged that the case was tried while defendant was out of
court). Sustained.
Commonwealth v. James E. Welch. S. J. C. Report. Liquor
nuisance. Whether using a room in a building, not included
in the license, for the storage of liquor to be sold in licensed
rooms constituted a liquor nuisance. Judgment on the
verdict.
Commonwealth v. George L. Houle. 8. J. C. Liquor nuisance.
Exceptions (to rulings as to master's liability and presump-
tions thereof) . Overruled.
Commonwealth v. John and Mary Michaels. S. J. C. Liquor
nuisance. Exceptions (to rulings as to sufficiency of evi-
dence). Overruled (waived).
Commonwealth v. Thomas Rivers and Louise Light. S. J. C.
Murder of Joseph Simeon Light, infant, by smothering .
Pending.
Bristol County.
Commonwealth v. Kern. S. J. C. Liquor nuisance and illegal
keeping of intoxicating liquors. Exceptions (to ruling of
court that the crime of the illegal keeping of intoxicating
liquors was not a local offence). Overruled.
1889.] PUBLIC DOCUMENT — No. 12. 47
Commonwealth v. Elias B. Chase and John E. Chase. S. J. C.
Arson. Exceptions (to rulings on the question of the
corroborative testimony of an accomplice). Overruled.
Commonwealth v. Herbert I. Hoxie. S. J. C. Murder of
Herbert L. Woodward, otherwise Herbert L. Hoxie, an infant,
by drowning. Verdict of not guilty.
Essex County.
Commonwealth v. Hiram Littlefield. S. J. C Liquor nuisance.
Exceptions (to qualification of jurymen). Overruled.
(Waived.)
Commonwealth v. Mary Murphy. S. J. C. Illegal sale of intoxi-
cating liquor. Exceptions (to refusal to allow motion to
quash ; complainant not the mayor or an alderman of the
city in which the offence was committed, and hence the court
had no jurisdiction). Overruled.
Commonwealth v. Charles N. Plummer. S. J. C. Illegal keeping
of intoxicating liquors. Exceptions (to ruling as to what
constitutes one a government witness) . Overruled.
Commonwealth v. John Chaney. S. J. C. Liquor nuisance;
sale of native icine and cider. Exceptions (as to ruling allow-
ing cross-examination of stubborn witness). Overruled.
Commonwealth v. George McPherson. S. J. C. Liquor nui-
sance. Exceptions (to refusal to allow motion to quash ;
case not certified to Superior Court properly). Overruled.
Commonwealth v. Thomas J. Barry. S. J. C. Illegal keeping of
intoxicating liquors. Exceptions (to admission of evidence).
Overruled. ( Waived . )
Commonwealth v. Joseph P. Welch. S. J. C. Forgery. Excep-
tions (to refusal to allow motion to quash). Overruled.
Commonwealth v. Matthew Gagle. S. J. C. Illegal keeping of
intoxicating liqxiors. Exceptions (to refusal to set aside ver-
dict on the ground of separation of jury). Overruled.
Commonwealth v. John Lee. S. J. C. Liquor nuisance. Excep-
tions (to refusal to rule as to variance). Overruled.
Commonwealth v. Ellen Daley (two cases). S. J. C. Illegal sale
of intoxicating liquor. Exceptions (to ruling of court upon
question of influence of husband over wife). Overruled.
Commonwealth v. Margaret Scarett. S. J. C. Liquor nuisance.
Exceptions. Overruled. (Waived.)
Commonwealth v. William Russell. 8. J. C. Murder. Defend-
ant committed to the Taunton Lunatic Asylum to await fur-
ther order of the court.
Commonwealth v. Thomas Smith. S. J. C. Murder of Thomas
Lomasney. Verdict of guilty, second degree.
48 ATTORNEY- GENERAL'S REPORT. [Jan.
Franklin County.
Commonwealth v. Lincoln Jay Randall. S. J. C. Murder of
David Marcus Randall by shooting. Pending.
Commonwealth v. Donahue. S. J. C. Robbery. Exceptions
(conviction of assault claimed only ; ruling of court that if
defendant made an assault in an attempt to get his own
money it would be no justification). Argued but not decided.
Hampden County.
Commonwealth v. Cyrus B. Cone. S. J. C. Arson. Exceptions
(to ruling as to ownership). Overruled. (Waived.)
Commonwealth v. Thomas Ward. 8. J. C. Larceny from the
person. Exceptions (variance). Overruled. (Waived.)
Hampshire County.
Commonwealth v. Edward Slattery. S. J. C. Rape. Excep-
tions (to rulings as to whether certain acts amounted to a
condonation and ratification ; also to the receipt of an un-
sealed verdict). Overruled.
Commonwealth v. Benjamin Eastman. S. J. C. Murder. De-
fendant was committed to Worcester Hospital, where he
died. Case disposed of.
Middlesex County.
Commonwealth v. James Ford. S. J. C. Liquor nuisance.
Exceptions (to evidence of former conviction; meaning of
"crime" under section 19, chapter 169). Overruled.
Commonwealth v. Intoxicating Liquors, Zephrin Lucia, claimant.
Liquor nuisance. Inceptions (defective description of build-
ing). Judgment affirmed.
Commonwealth v. Joseph Uhrig. S. J. C. Liquor nuisance.
Exceptions (to evidence of United States tax receipt).
Overruled.
Commonwealth v. Sarah J. Robinson, Charles C. Beers, Thomas
R. Smith. Murder of William J. Robinson. Nolpros'd as to
Beers and Smith. Tried Dec. 12, 1887, six days. Jury dis-
agreed. Indictment pending.
Commonwealth v. Same. Murder of Lizzie A. Robinson. Not yet
heard.
Commonwealth v. Sarah J. Robinson. Murder of Oliver Sleeper.
Not yet tried.
Commonwealth v. Sarah J. Robinson. Murder of Moses Robin-
son. Not yet tried.
1889.] PUBLIC DOCUMENT — No. 12. 49
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 Edward
Townes by poisoning. Prisoner discharged on her own
recognizance February, 1888.
Commonwealth v. Sarah J. Robinson. S. J. C. Murder of
Prince Arthur Freeman by poison. Guilty of murder in the
first degree. Sentenced to be hanged Nov. 16, 1888. Sen-
tence commuted to imprisonment for life at hard labor in
State Prison ; subsequently changed to Middlesex County
jail in Lowell.
Commonwealth v. Sarah J. Robinson. S. J. C. Murder. Ex-
ceptions (to admission of evidence of one to show plan or
scheme to murder another) . Overruled.
Commonwealth v. James Rhodes. S. J. C. Liquor nuisance.
Exceptions (to refusal to allow motion to quash ; no suffi-
cient allegation of place). Overruled.
Commonwealth v. John McCarthy. S. J. C. Liquor nuisance.
Exceptions. Overruled. (Defaulted.)
Commonwealth v. Thomas Gavin. S. J. C. Liquor nuisance.
Exceptions (to refusal to rule that delivery was not prima
facia evidence of sale under this form of complaint). Over-
ruled.
Commonwealth v. James H. Frost. S. J. C. Liquor nuisance
(druggist). Exceptions (to refusal to rule that evidence
was insufficient). Overruled.
Commonwealth v. Charles W. Perry.
Commonwealth v. William B. Fletcher, see Commonwealth v.
Frost, ubi supra.
Commonwealth v. John W. Downes. S. J. C. Liquor nuisance.
Exceptions. Overruled. (Waived.)
Commonwealth v. Michael Delehan. S. J. C. Assault upon an
officer with a dangerous weapon. Exceptions. Overruled.
Commonwealth v. Intoxicating Liquors, Davis Locke, claimant.
S. J. C. Illegal keeping of intoxicating liquors. Exceptions
(to refusal to allow motion for return of liquors). Over-
ruled.
Commonwealth v. Thomas H. Gavin. S. J. C. Liquor nuisance.
Exceptions. Not yet heard.
50 ATTORNEY- GENERAL'S REPORT. [Jan.
Commonwealth v. Davis Locke. S. J. C. Liquor nuisance.
Exceptions (to ruling as to sufficiency of evidence). Over-
ruled.
Commonwealth v. Thomas C Merriam. S. J. C. Liquor nui-
sance. Exception (as to ruling as to sufficiency of evidence
to show proprietorship and control). Overruled.
Commonwealth v. Mortimore Downey. S. J. C. Liquor nuisance.
Exceptions (to admission of evidence of acts of wife,
husband being absent). Overruled.
Commonwealth v. Charles 0. Tay and Frank J. Daley. S. J. C.
Illegal keeping of intoxicating liquors. Exceptions. Over-
ruled.
Commonwealth v. Michael Hart. S. J. C. Liquor nuisance.
Exceptions (to ruling as to prior trial). Not yet heard.
Commonwealth v. Martin Moran. S. J. C. Illegal sale oj intoxi-
cating liquors. Exceptions (to ruling as to vote of board of
aldermen to grant licenses). Not }7et heard.
Commonwealth v. Patrick E. Tenney. S. J. C. Illegal keeping
of intoxicating liquors. Exceptions (to admission of evi-
dence as to liquor found in a neighboring building). Not
yet heard.
Commonwealth v. Patrick Coleman. S. J. C. Liquor nuisance.
Exceptions (to ruling as to sale by son with consent of
father). Not yet heard.
Norfolk County.
Commonwealth v. James F. Pierce. 8. J. C. Liquor nuisance;
sale by druggist for medicinal purposes. Exceptions (to ad-
mission of evidence of failure to comply with section 2,
chapter 431 of the Acts of 1887). Overruled.
Commonwealth v. James T. Wellington. S. J. C. Liquor
nuisance; sale by druggist. Exceptions (to admission of
evidence of application for license). Sustained.
Commonwealth v. Henry T. Purdy. S. J. C. Liquor nuisance.
Exceptions (to admission of evidence). Sustained.
Commonwealth v. John T. Hood. S. J. C. Conspiracy. Ex-
ceptions (plea in abatement). Sustained.
Commonwealth v. Edward Lafayette. S. J. C. Illegal sale of
intoxicating liquors. Exceptions (to refusal of presiding
judge to rule evidence insufficient). Overruled.
Commonwealth v. Henry T. Purdy. S. J. C. Illegal keeping of
intoxicating liquors. Exceptions (to ruling that sale any
time within two years warranted conviction) . Sustained.
1889.] PUBLIC DOCUMENT — No. 12. 51
Commonwealth v. Dennis Carney. S. J. C. Murder. Defend-
ant in Stoughton Almshouse.
Commonwealth v. David Scannel. S. J. C. Murder. Defendant
in Taunton Hospital.
Commonwealths. Lorenzo T.Brown. S. J. C. Liquor nuisance
Exceptions (to instructions as to good faith in sales of liquor
by druggists on certificate). Not yet heard.
Commonwealth v. John W. Biyan. S. J.rC. Liquor nuisance.
Exceptions (to refusal to rule evidence insufficient) . Not
yet heard.
Commonwealth v. James Hayes. S. J. C. Liquor nuisance.
Report question as application of chapter 340 of the Acts of
1888. Not yet heard.
Commonwealth'?;. Charles T. Powderly. S.J. C. Liquor nuisance.
Exceptions (as to admission of evidence). Not yet heard.
Nantucket County.
Commonwealth v. John F. Brown. S. J. C. Forgery. Excep-
tions (to qualifications of a grand juryman and petit jury-
man ; also whether the case, involving the county, could be
tried within the county). Overruled.
Plymouth County.
Commonwealth v. Henry Tolman. S. J. C. Report. Destruc-
tion of a dam by the use of dynamite. Argued but not
decided.
Commonwealth v. Jeremiah Murphy. S. J. C. Illegal keeping of
intoxicating liquor. Exceptions (to ruling as to sufficiency of
evidence). Overruled.
Commonwealth v. Hugh Parker. S. J. C. Liquor nuisance.
Exceptions. Overruled. (Waived.)
Commonwealth v. John H. Howard. S. J. C. Larceny. Excep-
tions. Overruled.
Commonwealths. Cornelius Buckley. S. J. C. Liquor nuisance.
Exceptions (to ruling as to what constitutes a " tenement").
Overruled.
Commonwealth v. Eugene Brady. S. J. C. Liquor nuisance.
Exceptions (as to admission of evidence). Overruled.
Commonwealth v. John Moore. S. J. C. Liquor nuisance.
Exceptions (as to admission of evidence). Overruled.
Commonwealth v. John Russell. S. J. C. Liquor nuisance.
Exceptions (to refusal to allow motion in arrest of judgment ;
inconsistent record). Overruled.
52 ATTORNEY- GENERAL'S REPORT. [Jan.
Commonwealth v. John Buckley and John Clune. S. J. C.
Attempt to extort money. Exceptions (to exclusion of evi-
dence). Overruled.
Commonwealth v. Asa F. Ellis, Elmer H. Wentworth and Wil-
liam Ellis. S. J. C. Larceny. Exceptions. Overruled.
(Waived.)
Commonwealth v. Stephen F. O'Hara. S. J. C. Illegal sale of
intoxicating liquors. Exceptions. Overruled. (Defaulted.).
Commonwealth v. Stephen F. O'Hara. S. J. C. Liquor nui-
sance. Exceptions Overruled. (Defaulted.)
Commonwealth v. Myron McDonald. S. J. C. Illegal sale of
intoxicating liquors on the fair grounds. Exceptions (to
admission of evidence). Overruled.
Commonwealth v. Stephen F. O'Hara. S. J. C. Liquor nui-
sance. Exceptions. Overruled. (Defaulted.)
Suffolk County.
Commonwealth v. John V. Shaffner. S. J. C. Possession of
adulterated milk. Presence of annatto coloring -matter. Ex-
ceptions. Sustained.
Commonwealth v. Frank Ferry. S. J. C. Keeping a pool-room
a mi being ]yresent, under section 1, chapter 342, Acts of 1885.
Exceptions. Sustained.
Commonwealth v. Simon Gear}7. S. J. C. Illegal sale of intoxi-
cating liquors. Exceptions (to evidence and ruling). S. C.
Sustained.
Commonwealth v. George Plaisted. S. J. C. Report. Viola-
tion municipal ordinance ; performing on the cornet in the street
by member of Salvation Army. Constitutionality and validity
of act of 1885 (chapter 323), giving Governor authority to
appoint the Police Commissioners of the city of Boston.
Judgment on the verdict ; the ordinance valid and reason-
able, the act constitutional.
Commonwealth v. Gridley B. Rowell. S. J. C. Possession of
adulterated milk. Exceptions (as to evidence of partner-
ship). Overruled.
Commonwealth v. Antonio Russo. S. J. C. Assault and battery
with intent to murder. Exceptions. Overruled. (Waived.)
Commonwealth v. Neal Doherty. S. J. C. Delivery of intoxi-
cating liquors on election day. Exceptions (to evidence of
reputation). Overruled. (Waived.)
Commonwealth v. John Sullivan. S. J. C. Setting up and pro
moting a lottery. Exceptions (to evidence). Overruled.
1889.] PUBLIC DOCUMExVT — No. 12. 53
Commonwealth v. Thomas Brennan. Murder. Defendant es-
caped from Taunton Lunatic Hospital, 1880.
Commonwealth v. Adolph Albrecht. Murder of Edward Flanni-
gan.
Commonwealth v. Adolph Albrecht. Murder of David Lanahan.
Prisoner subsequently indicted, tried and convicted of man-
slaughter ; sentenced to four years in State Prison.
Commonwealth v. John Care}7. S. J. C. Violation of chapter
112, section 196, Public Statutes. Carriage man loitering and
remaining at a railway station. Exceptions (to the ruling
that if ordered off and he refused to go he would be liable).
Overruled.
Commonwealth v. Antino Funai. S. J. C. Illegal keeping and
exposing intoxicating liquors. Exceptions (to admission of
evidence of statement of wife in presence of husband).
Overruled.
Commonwealth v. Francis L. White. S. J. C. Report. Motion
for a new trial (upon the ground of misconduct of jury).
Judgment on the verdict.
Commonwealth v. Charles W. Bean. S. J. C. Illegal sale of
oleomargarine. Exceptions (as to ruling upon what would
be an exposure for sale). Sustained.
Commonwealth v. John Gillon. S. J. C. Illegal exposure and
keeping of intoxicating liquors. Exceptions (to admission of
evidence). Overruled.
Commonwealth v. Daly. S. J. C. Illegal sale of intoxicating
liquors. Exceptions (to ruling of court that ignorance of the
kind of liquor sold was no defence). Overruled.
Commonwealth v. Margaret Finnerty. S. J. C. Illegal keeping
of intoxicating liquors. Exceptions (to admission of evidence
and to comment of District Attorney). Overruled.
Commonwealth v. Francis L. White. S. J. C. Motion for a new
trial. Exceptions (to ruling of presiding justice refusing
same upon the ground that there was no misconduct of the
jury). Overruled.
Commonwealth v. Julius S. Smith. S. J. C. Sale of milk not of
standard quality. Exceptions (to refusal of presiding justice
to give rulings requested) . Pending.
Worcester County.
Commonwealth v. Aaron G. Lord. S. J. C. Vagrancy. Excep-
tions (to refusal of presiding judge to rule that defendant
must have been " continually " a vagrant). Overruled.
54 ATTORNEY- GENERAL'S REPORT. [Jan.
Commonwealth v. Edgar J. Plympton. S. J. C. Illegal keeping of
intoxicating liquors. Exceptions (as to admission of evi-
dence). Overruled. (Waived.)
Commonwealth v. William Hamilton. S. J. C. Possession of
adulterated milk. Exceptions (to the admission of evidence).
Overruled. (Waived.)
Commonwealth v. Z. N. Le Clair. S. J. C. Liquor nuisance.
Exceptions. Motion in arrest of judgment ; no offence
alleged. Verdict set aside.
Commonwealth v. James McHugh. S. J. C* Illegal keeping of
intoxicating liqxiors. Exceptions (to admission of all evi-
dence, unless defendant was connected with the act of sale).
Overruled.
Commonwealth v. Alphonso Roland. S. J. C. Keeping and
maintaining tenement resorted to for pirostitution. Exceptions
(to admission of conversation with inmates). Overruled.
(Waived.)
Commonwealth v. Joseph Brigham. S. J. C. Adultery. Excep-
tions (to admission of evidence of attempts to escape).
Overruled.
Commonwealth v. Thomas Kendrick. S. J. C. Illegal keeping of
intoxicating liquors. Exceptions. Overruled.
Commonwealth v. Charles W. Cobleigh. S. J. C. Murder. Sent
to insane hospital to await the further order of the court.
Commonwealth v. Dixon R. Cowie and Thomas B. McQuaid.
vS. J. C. Murder of Lilla A. Hoyle. Prisoners discharged on
their own recognizances.
Commonwealth v. Michael Mahoney, alias Michael Whyte, alias
Michael J. Whyte. S. J. C. Murder of Frank F. Spencer.
Pending.
1889.] PUBLIC DOCUMENT — No. 12. 55
REQUISITION PAPERS.
Sent to this department by His Excellency the Governor for exami-
nation and report thereon.
Jan. 4. On the Governor of New York, for Harry Ward, for
the crime of larceny in a building. Suffolk, ss.
Affidavit of officer insufficient ; returned for
amendment. Advised to issue.
Jan. 7. On the Governor of New York, for Charles Williams,
for the crime of larceny in a building. Suffolk,
ss. Affidavit of officer insufficient ; returned for
amendment. Advised to issue.
Jan. 25. On the Governor of New York, for Emma Thomp-
son, alias Emma Johnson, alias Emma Turner,
alias Imogen Cohen, alias Helen Morrison, alias
Sarah H. Walker, alias Clara M. Marshal, alias
Emma Reynolds, alias Alida Spraker, for the
crime of cheating by false pretences with intent
to defraud. Advised to issue.
Feb. 4. On the Governor of New York, for John Lainer,
alias Pell Heimbold, for the crime of forgery.
Suffolk, ss. Advised to issue.
Feb. 21. On the Governor of New York, for Harry W.
Perkins, for the crimes of larceny and embezzle-
ment. Suffolk, ss. Advised to issue.
Feb. 27. On the Governor of Illinois, for Benjamin F. Hawes,
for the crime of unlawfully concealing property to
prevent it coming to the possession of his assignees
in insolvency. Essex, ss. Officer instructed as
to necessary papers. Advised to issue.
March 6. On the Governor of Rhode Island, for Clarence G.
Cobb, for the crime of larceny of a horse. Nor-
folk, ss. Papers twice examined and returned for
amendment. Advised to issue.
56
ATTORNEY- GENERAL'S REPORT.
[Jan.
March 7. Ou the Governor of Illinois, for Martin E. Snee, for
the crime of larceny from the person. Essex, ss.
Advised to issue.
March 7. On the Governor of New York, for Louis Gerrade,
and Frank Albert, for the crime of burglary.
Berkshire, ss. Papers twice examined and re-
turned for amendment. Advised to issue.
March 13. On the Governor of New York, for Charles Morris
and William Watson, for the crime of larceny
and receiving stolen goods. Suffolk, ss. Advised
to issue.
March 14. On the Governor of New York, for Charles H. Thomp-
son, alias Charles Harris, for the crime of forgery.
Suffolk, ss. Advised to issue.
March 14. On the Governor of New York, for Frank Severino,
for the crime of cheating by means of false pre-
tences with intent to defraud. Suffolk, ss. Advised
to issue.
March 22. On the Governor of Maine, for George W. Murch,
alias William Murch, for the crime of polygamy.
Essex, ss. Papers examined and returned twice.
Advised to issue.
March 23. On the Governor of New York, for Fred Ormsby, for
the crime of larceny. Essex, ss. Advised to issue
under conditions.
April 3. From the Governor of Vermont, for Alzina Shosa,
for the crime of grand larceny. Advised to issue,
papers having been amended by this department.
April 13. On the Governor of New Hampshire, for Leonard M.
Hoyt, for the crime of lewd and lascivious cohabita-
tion. Essex, ss. Advised not to issue. Subse-
quently re-heard, additional facts being presented.
Advised to issue.
April 14. On the Governor of New Hampshire, for Joseph
Smith, Thomas Collins, George Thompson, Henry
McCarthy, John Taylor, for the crime of breaking
and entering a building in the night-time with intent
to commit larceny. Berkshire, ss. Advised to issue.
April 24. On the Governor of Rhode Island, for William W.
Tyler, for the crime of conveying and concealing
leased property. Essex, ss. Advised to issue
after additional papers furnished by officer. .
1889.] PUBLIC DOCUMENT — No. 12. 57
April 28. On the Governor of New York, for Kay Leitz, for
the crime of embezzlement. Bristol, ss. Advised
not to issue. Papers insufficient.
April 30. Same case, papers having been perfected. Advised
to issue.
May 1. On the Governor of Maine, for Charles J. Harmon,
for the crime of breaking and entering a building
with intent to steal therein. Suffolk, ss. Advised
to issue.
May 8. On the Governor of New York, for James A. Nelson,
for the crimes of larceny and embezzlement.
Suffolk, ss. Advised to issue.
May 10. On the Governor of New York, for Thomas B.
McQuaid, for the crime of murder. Worcester,
ss. Advised to issue.
May 18. From the Governor of Maine, for James M. Buck,
for the crime of keeping and maintaining a liquor
nuisance. Advised not to issue, no " satisfactory
reason " being stated in the papers for the delay
in asking for the requisition, the crime having been
committed in 1886.
May 19. Same case. Proper affidavit received and made a
part of the papers. Advised to issue.
June 8. On the Governor of New York, for Martin J. Steeu-
burg, alias Marvin J. Steenburg, for the crime of
forgery. Berkshire, ss. Advised to issue.
June 8. From the Governor of New Hampshire, for Thomas
P. Gannon, for the crime of breaking and enter-
ing a dwelling-house in the daytime and commit-
ting larceny therein. Advised to issue under
conditions.
June 12. On the Governor of New York, for Wilhelm Smith,
alias C. K. Bannan, for the crime of cheating by
meaus of false pretences with intent to defraud,
and forging and entering. Advised* to issue.
June 13. On the Governor of New York, for Frank D. Childs
and Cora E. Kent, for the crime of adultery.
Hampshire, ss. Advised to issue.
June 13. On the Governor of Maine, for Clinton T. Lane,
for the crime of embezzlement. Middlesex, ss.
Advised to issue.
58 ATTORNEY- GENERAL'S REPORT. [Jan.
June 14. From the Governor of Pennsylvania, for R. Laird,
for the crime of robbery. Advised to issue.
June 25. On the Governor of Illinois, for Joseph Burns, alias
William Brown, for the crime of embezzlement.
Hampden, ss. Advised to issue under conditions.
July 11. On the Governor of New York, for Harry P. Bowker,
for the crime of larceny. Suffolk, ss. Advised
to issue.
July 16. On the Governor of Rhode Island, for Joseph
Wicher, for the crime of fraudulent sale. Wor-
cester, ss. After papers were amended advised to
issue.
Jul}7 17. On New York, for James M. Ramsdell, for the crime
of escape from jail. Nantucket, ss. Advised not
to issue, papers incomplete.
July 18. From the Governor of New Hampshire, for John
Rourke and Arthur Cashel, for the crime of break-
ing and entering. Advised not to issue. Papers
incomplete, and one of the prisoners in jail with
long sentence to run.
July 19. Same case. Advised to issue as to John Rourke,
but not as to Arthur Cashel, papers having been
amended.
July 19. On the Governor of New York, for James M. Rams-
dell, for the crime of escape from jail. Nantucket,
ss. Advised to issue.
July 23. From the Governor of New Hampshire, for Arthur
Cashel, for the crime of breaking and entering.
Advised to issue, Cashel having been discharged
from prison.
July 23. From the Governor of New Hampshire, for James
McCabe, alias James McLean, alias James Wilson,
for the crime of breaking and entering. Advised
not to issue. Papers incomplete, and McCabe in
prison with a sentence of more than thirty days to
run.
Aug. 7. On the Governor of New York, for Clay Wilson,
alias Phillips, alias Charles Post, alias George
Post, alias Stone, for the crime of larceny. Suf-
folk, ss. Advised to issue.
1889.] PUBLIC DOCUMENT — No. 12. 59
Aug. 13. On the Governor of New York, for Henry Emerson,
alias Charles Edwards, and Edward Jackson, alias
Raymond, for the crime of larceny. Suffolk, ss.
Advised to issue.
Aug. 24. From the Governor of New Hampshire, for James
McCabe, alias McLean, alias Wilson, for the crime
of breaking and entering. Advised to issue.
Sept. 10. On the Governor of New York, for Charles A. Whit-
ney, for the crime of larceny in a building. Suf-
folk, ss. Advised to issue.
Sept. 13. On the Governor of New York, for Walter E. Mason,
for the crime of embezzlement. Worcester, ss.
Advised to issue after papers were made complete.
Sept. 18. On the Governor of the State of Maine, for Bertha
C. Nelson, for the crime of embezzlement. Suffolk,
ss. Advised to issue.
Oct. 4. From the Governor of Connecticut, for George Driggs,
for assault with intent to kill. Advised to issue
after the papers were made complete.
Oct. 17. From the Governor of New Jersey, for Foster Peirce
Randlett, for the crime of seduction under promise
of marriage. Advised to issue, with suggestions as
to prisoner's rights in the matter.
Oct. 17. From the Governor of the State of Maine, for
Michael A. Sheedy, for the crime of assault. Ad-
vised to issue.
Oct. 22. On the Governor of the State of New York, for
William H. Gillis, for the crime of forgery. Suf-
folk, ss. Advised to issue.
Nov. 2. On the Governor of New York, for Orrin J. Wright,
for the crime of embezzlement. Berkshire, ss.
Advised not to issue. Affidavit of complainant
insufficient.
Nov. 6. Same case. Advised to issue, two additional affi-
davits having been supplied.
Nov. 13. On the Governor of New York, for William C. Dwyer,
for the crime of embezzlement. Middlesex, ss.
Advised to issue, on additional affidavits being
furnished.
Nov. 14. On the Governor of Maine, for E. H. Norton, for the
crime of obtaining money under false pretences.
Norfolk, ss. Advised not to issue. Indictment
fatally defective.
60 ATTORNEY- GENERAL'S REPORT. [Jan.
Nov. 16. On the Governor of New York, for Stephen F. Lewis,
for the crime of forgery. Suffolk, ss. Advised
to issue, additional affidavit being furnished. Re-
ceived November 19.
Nov. 22. On the Governor of New York, for John Harkins,
alias B. Stiner, for the crime of larceny. Suffolk,
ss. Advised to issue.
Dec. 27. On the Governor of New York, for Frank Lewis, for
the crime of assault with a dangerous weapon.
Berkshire, ss. Advised not to issue. Papers
incomplete.
Dec. 29. Same case. Advised to issue, additional papers
having been furnished.
Jan. 4. On the Governor of New York, for Lewis J. Ramos,
for the crime of rape. Barnstable, ss. A warrant
only being presented gave full instruction to officer
as to necessary papers.
Jan. 7. On the Governor of New York, for Lewis J. Ramos,
for the crime of seduction. Barnstable, ss. Ad-
vised not to issue, papers incomplete.
Jan. 8. Same case. Advised to issue, papers having been
amended.
Jan. 8. On the Governor of Colorado, for Harry G. Stickney,
alias Harry Gardner, for the crime of larceny.
Suffolk, ss. Advised to issue.
Jan. 9. On the Governor of New York, for William S. Rey-
nolds, alias William Raymond, and William
Edwards, alias James Minchin, for the crime of
obtaining money by trick at cards. Instructions
given to officer as to necessary additional papers.
1889.] PUBLIC DOCUMENT — No. 12. 61
HEARINGS.
The Attorney-General ex rel. Davis v. the town of Lunenburg.
Petition for the use of name in an information to restrain the
alleged misuse of a public school house. Use of name re-
fused.
Petition for use of name by A. C. Southworth et al. v. Fred S.
Pope in writ quo warranto to try title to office. Use of name
refused.
Petition for use of name by William F. Nye et al. v. Onset Bav
Grove Association in information for an injunction to pre-
vent auction sale of public land. Use of name granted.
Sale subsequently stopped.
Petition of citizens of Quincy for use of name against city of
Boston in an information for an injunction to restrain defend-
ant's agents from use of streets. Hearing adjourned by
agreement and case finally settled.
Petition of Boston Rubber Shoe Company for use of name in an
information for an injunction against the Boston Rubber
Company to restrain defendant corporation from the use of
their name. Petition for use of name refused.
62 ATTORNEY- GENERAL'S REPORT. [Jan.
CASES.
Requiring the Attorney -General's Supervision, though not conducted
by him.
The Attorney-General ex rel. Maria Adams et al. v. Robert Tarr.
Injunction to prevent obstructing landing at Magnolia. Case
reported to full court. Decision for plaintiff.
Attorney-General ex rel. v. James O. Parker. S. J. C. Trust.
Pending.
Attorney-General ex rel. v. William B. Washburn et al. Chari-
table trust.
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.
The Attorney-General ex rel. S. J. Johnson et al. v. Charles H.
Conant. Writ of quo warranto to try title to office of school
board. Case dismissed for want of prosecution by relators.
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.
George White, Executor, v. City of Boston et al. Pending.
In re Estate of William Hale. Probate Court. Claim of next of
kin. Pending.
Petition of Trustees of Hawes Fund in Boston for instructions
under will. S. J. C. Pinal decree entered.
In re the Society for Promoting Christian Knowledge. Petition
for transfer of funds. Pending.
In re Sarah C. Bent. Petition for interpretation of will of Sarah
T. Chaplin. Pending.
1889.] PUBLIC DOCUMENT — No. 12. 63
The Attorney-General ex rel. Charles L. Ayer et al. v. the Fiskdale
Mills. Information for injunction to prevent drawing water
from Alum Pond.
Bullard et al. v. Chandler. Construction of will. Reported to
full court. Final decree entered.
Petition of City of Boston for leave to sell land in Milton.
Notice waived and Attorney-General's consent filed.
William Minot, Jr., v. Sarah B. Baker et al. Construction of a
trust. Reported to full court. Decided to be a public trust.
Lewis W. Tappin, Jr., v. Costello C. Converse et al. Construc-
tion as to administration of trust. Final decree entered.
John Carletou v. United Hospital and Dispensary. Leave to file
information in the nature of 'quo warranto . Refused.
Trustees of William Appleton estate. Probate Court. Petition
for instruction as to will; change in investment of funds.
Weeks et al. v. Hale. Petition for leave to sell land. Essex, ss.
Service accepted.
Petition of John J. Williams for leave to sell real estate in Lowell.
Middlesex. S. J. C. Service accepted. Pending.
The Attorney-General ex rel. the inhabitants of the town of
Ipswich v. the inhabitants of the town of Essex. Information
for an injunction restraining the digging of clams. Pending.
The Attorney-General v. the proprietors of Rowe's Wharf. S.
J. C. Information for an injunction. Injunction pendente
lite granted.
The Attorney-General v. the Day Cordage Company. Informa-
tion for an injunction. Pending.
Henry F. Coe v. Washington Mills et al. Interpretation of rules of
Aid Society of said mills. Pending.
I
111
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