: PUBLIC DOCUMENT. No. 12. ANNUAL REPORT ATTORNEY- GENEEAL ^ YEAR COMMENCING FROM THE THIRD WEDNESDAY OF JANUARY, 1890, AND ENDING WITH THE THIRD WEDNESDAY OF JANUARY, 1891. I. BOSTON WRIGHT & POTTER PRINTING CO., STATE PRIN 18 Post Office Square. 1891. 4 dToinmonfocalt^ 0f Utassatlwtsitts. Attorney-General's Department, Commonwealth Building, Boston, Jan. 21, 1891. Hon. William E. Barrett, Speaker of the Hotcse of Representatives. Sir : — I have the honor to submit to the General Court the report of this department, herewith enclosed, for the year commencing from the third Wednesday of January, 1890, and ending with the third Wednesday of January, 1891. Very respectfully, A. J. WATERMAN, Attorney- General. — Commontaca;It!) of ^msuthnBtttB. Attorney-General's Department, Commonwealth Building, Boston, Jan. 21, 1891. 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 744. The following table is a classifi- cation thereof: 6 ATTORNEY- GENERAL'S REPORT. [Jan. Saladin Cook of Wrcntham, in Norfolk County, was indicted for the murder of Dennis Ryan, by shooting with a gun, July 17, 1889. This indictment was found and returned into the superior court at Dedham, September 6, and a copy thereof was received by me Oct. 22, 1889. On Jan. 18, 1890, after counsel had been assigned for the defendant, upon suggestion that he was insane, and incapa- ble in law of being tried, at Dedham a hearing and inquiry was had before Mr. Justice Field of the supreme judicial court, as to the mental condition of the defendant ; and, after hearing divers witnesses, some of whom were experts upon the questions considered, the said Cook was adjudged to be an insane person, and was ordered to be committed to the Taunton Lunatic Hospital till further order of court, and he was so committed. He has since been transferred to the State Farm at Bridgewater, by order of the State Board of Lunacy and Charity, under the statute authorizing the same in such cases. William Hennessey of Boston, in Suffolk County, was indicted for the murder of Catherine Hennessey, Sept. 29, 1889, by kicking and beating. This indictment was found and returned into the superior court in Boston, November 6, and a copy thereof was received by me Nov. 13, 1S89. Upon examination of the case and the evidence appliable thereto, and after consultation with the Hon. Oliver Stevens, district attorney for Suffolk County, I was of the opinion, in Avhich the district attorney concurred, that the defendant was only guilty of manslaughter; and the defendant was indicted for that offence, and tried and convicted and sen- tenced in the superior court for Suffolk County. I after- wards entered a nolle prosequi of the indictment for murder. Walter H. Pray of .Weymouth, in Norfolk County, was indicted Dec. 5, 1889, for the murder at said AVey- raouth, on November 21, 1889, of Varner U. Fisher, and a copy of the indictment was received at the Attorney- General's office, Jan. 10, 1890. After counsel had l)een assigned for the defendant, upon suggestion of his counsel before Mr. Justice Devens of the supreme judicial court, on February 18, 1890, a hearing and inquiry as to the mental condition of the defendant was had ; and, after hearing 1891.] PUBLIC DOCUMENT— No. 12. 7 divers witnesses, some of whom were experts upon questions of insanity, it was adjudged by the court tliat the defendant was an insane person, and he was ordered committed to the Taunton Lunatic Hospital till further order of court, and was so committed. He has since been transferred to the State Farm at Bridgewater, b}^ order of the State Board of Lunacy and Charity, under the statute in such case provided. Since my last report, the following-named persons have been indicted for murder, and copies of the indictments have been received by me, and the cases have been disposed of as follows, to wit : — Thomas J. Dempsey of Bradford, in Essex County, was indicted Feb. 3, 1890, for the murder of Clarence J. Willey, at said Bradford, on Oct. 25, 1889. A copy of the indict- ment was received at the Attorney-General's office Fel:». 7, 1890. After the court had assigned John P. Sweeney, Esq., and John J. Winn, Esq., attorneys-at-law, to be counsel for the defendant, and after due consultations held, the defend- ant, at Salem, March 22, 1890, was set to the bar and arraigned, and pleaded guilty to murder in the second degree, which was accepted by the Commonwealth ; and thereupon the defendant — Mr. Justice Devens presiding — was sentenced to imprisonment in the State Prison for life. Charles C. Cowlishaw of Boston, in Suflblk County, was indicted April 14, 1890, for the murder of Elizabeth M. Cowlishaw, his wife, at said Boston, on March 26, 1890, and a copy of the indictment was received at the Attorney- General's office April 19, 1890. On Oct. 25, 1890, Mr. Justice Holmes of the supreme judicial court presiding, the defendant was arraigned, and pleaded not guilty. S. J. Elder, Esq., and K. W. Shea, Esq., attorneys-at-law, were assigned as his counsel; and on Nov. 7, 1890, after consul- tations in court at Boston, Mr. Justice Charles Allen of the supreme judicial court presiding, the defendant at his own request was allowed to retract his former plea, and he then pleaded guilty to murder in the second degree, which plea was accepted by the Commonwealth, and the defendant there- upon was sentenced to imprisonment in the State Prison for life. 8 ATTORNEY- GENERAL'S REPORT. [Jan. llNDISrOSED-OF MUKDEK INDICTMENTS. The following-named of the indictments for murder which have been received since my last annual report, are the only ones not yet disposed of, the prisoners being held in jail, to wit : — John Bessette of Ludlow, in Hampden County, was indicted May 8, 1890, for the murder of his wife, Sophia Bessette, at Ludlow, on Dec. 26, 1889, and a copy of the indictment was received at the Attorney-General's office May 9, 1890. After an ineffectual effort, made May 20, 1890, to have counsel assigned for the defendant, by desire of the defendant, the matter was postponed until Dec. 1, 1890, at Springfield, when, Mr. Justice Kno'wlton of the supreme judicial court presiding, William H. Brooks, Esq., and William Hamilton, Esq., attorneys-at-law, were assigned to be counsel for the defendant. The defendant was then arraigned and pleaded not guilty, since which nothing fur- ther has been done in the case, the defendant remaining in jail at Springfield. Edward F. Costello of Palmer, in Hampden County, Sept. 24, 1890, for the murder of his child, AVilliam A. Costello, at Palmer, on June 11, 1890. A copy of the indictment was received at the Attorney-General's office Sept. 27, 1890. At Springfield, Dec. 1, 1890, Mr. Justice Knowlton presiding, F. W. Gillette, Esq., and C. H. Bar- rows, Esq., attorneys-at-law, were assigned to be counsel for the defendant and he was then arraigned and pleaded not guilty, since which nothing further has been done in the case, the defendant remaining in jail at Springfield. Benjamin F. Taylor of Boston, Suffolk County, was indicted Dec. 8, 1890, for the nmrder of Wilder F. Hutcli- ings, at Boston, on Nov. 14, 1890. A copy of the indict- ment was received at the Attorney-General's office Dec. 10, 1890, and nothing has yet been done in the case, the defendant being held in jail at Boston. Daniel H. Wilson of Boston, Suffolk County, was indicted Dec. 8, 1890, for the murder of Annie C. Wilson, alias Annie C. Noyes, at Boston, Oct. 18, 1890. A copy 181)1.] PUBLIC DOCUMENT — No. 12. 9 of the indictment was received at the Attorney-General's office Dec. 10, 1890, and nothing has yet been done in the case, the defendant being held in jail in Boston. Jonathan Brigham Davis of Enfield, in Hampshire County, was indicted Dec. 19, 1890, for the murder of Eva Mabel Holden, at Amherst, on Sept. 20, 1890. A copy of the indictment was received at the Attorney-General's office Dec. 28, 1890, and nothing has yet been done in the case, the defendant l)eing held in jail at Northampton. Capital Trials. — I would again respectfully call the attention of the Legislature to the propriety of changing the law so that these 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 will not made, endanger the rights of prisoners ; and trials could be more readily obtained at stated terms, and, I believe; more economically conducted. Suits against the Com3ionwealth. [Under chapter 195 of the Public Statutes.] Under chapter 195 of the Public Statutes, as amended by the Acts of 1887, chapter 246, authorizing suits to be brought against the Commonwealth, the following cases have been filed : — • William Washburn vs. The Commonwealth, com- menced Dec. 10, 1887, noticed in my last report, involving the right of the plaintifi* to recover, on 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 appropriation of one 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 by the State.