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



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PUBLIC DOCUMENT. No. 12. 



ANNUAL REPORT 



! 



ATTORNEY - GENERAL 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 w T as 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 
4 where 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 } r ear 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 Attorne3 T -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- 
sioners 1 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 } 7 et 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. r C. 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. 



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