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Commonwealth of Massachusetts

To the General Court.

OFFICE OF THE ATTORNEY-GENERAL,

BOSTON, Jan. 18, 1905.

In compliance with Revised Laws, chapter 7, section 8, I submit my report for the year ending this day.

The cases requiring the attention of the office during the year, to the number of 1,969, are tabulated below:

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Height of buildings, limitation of, cases arising therefrom,
Informations at the relation of the Commissioner of Corporations,
Informations at the relation of private persons,

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65

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Informations at the relation of the Treasurer and Receiver-Gen

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Land-damage cases arising through the alteration of grade crossings,

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Land-damage cases arising from the taking of land by the Harbor
and Land Commissioners,
Land-damage cases arising from the taking of land by the Massa-
chusetts Highway Commission,
Land-damage cases arising from the taking of land by the Metro-
politan Park Commission,

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31

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56

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Land-damage cases arising from the taking of land by the Metropolitan Water and Sewerage Board,

Miscellaneous cases arising from the work of the above-named commissions,.

131

62

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CAPITAL CASES.

Indictments for murder pending at the date of the last annual report have been disposed of as follows: —

GEORGE WILLIAM HERBERT, alias HUBER, indicted in Berkshire County, January, 1903, for the murder of Gertrude Ottillie Bertha Rentall, at Monterey, Sept. 14, 1902. He was arraigned July 21, 1903, and pleaded not guilty. William Turtle and Charles Giddings were assigned by the court as counsel for the defendant. On Jan. 11, 1904, the defendant retracted his former plea of not guilty and pleaded guilty of murder in the second degree. This plea was accepted by the government, and the defendant was thereupon sentenced to State Prison for life. The case was in charge of District Attorney John F. Noxon.

ROSARIO DISANO of Stoughton, indicted in Norfolk County, September, 1903, for the murder of Hiram H. Poole, at Canton, Aug. 2, 1903. He was arraigned Sept. 11, 1903, and pleaded not guilty. James E. Cotter and Frank Keezer were assigned by the court as counsel for the defendant. This indictment was nol prossed on Sept. 20, 1904, and the defendant was indicted for murder in the second degree. On the latter indictment he was arraigned and pleaded guilty on April 28, 1904, and sentenced to State Prison for life. The case was in charge of District Attorney Asa P. French.

SELMAR AKERSON of Quincy, indicted in Norfolk County, December, 1903, for the murder of her infant child, at Quincy, Sept. 10, 1903. She was arraigned Dec. 14, 1903, and pleaded not guilty. On April 5, 1904, the defendant retracted her former plea of not guilty and pleaded guilty to manslaughter. This plea was accepted by the government, and thereupon the defendant was sentenced to the Reformatory Prison for Women for an indefinite period. This case was in charge of District Attorney Asa P. French.

Milton Reed and

JOHN E. GALLAGHER of Taunton, indicted in Bristol County, February, 1900, for the murder of Joseph F. McMahon, at Taunton, Nov. 21, 1899. He was arraigned April 22, 1903, and pleaded not guilty. Harold F. Hathaway were assigned as counsel for the defendant. The indictment for murder was nol prossed and the defendant was indicted for murder in the second degree. On Feb. 16, 1904, he was tried upon this indictment and found guilty, and sentenced to State Prison for life. The case was in charge of District Attorney James M. Swift.

Indictments for murder, found since the date of the last annual report, have been disposed of as follows:

EMANUEL T. BURNETT of Boston, indicted in Suffolk County, April, 1904, for the murder of Martha Chandler, at Boston, March 23, 1904. He was arraigned April 15, 1904, and pleaded not guilty. James H. Wolff was assigned by the court as counsel for the defendant. On May 20, 1904, the defendant retracted his former plea and pleaded guilty of murder in the second degree. This plea was accepted by the government, and thereupon the defendant was sentenced to State Prison for life. The case was in charge of District Attorney Oliver Stevens.

CYRUS L. RYAN, indicted in Plymouth County, February, 1904, for the murder of Quong Sing, at Hanover, Jan. 28, 1904. He was arraigned Feb. 4, 1904, and pleaded not guilty. Fred M. Bixby, Esq., and John F. Callanan, Esq., were assigned by the court as counsel for the defendant. In June, 1904, the defendant was tried by a jury, before Hardy and Stevens, JJ. The result was a verdict of murder in the second degree. On June 15, 1904, the defendant was sentenced to State Prison for life. The case was in charge of District Attorney Asa P. French.

EUGENE LAFORREST STAFFORD, indicted in Suffolk County, March, 1904, for the murder of Mayner B. Trussell, at Boston, on Feb. 17, 1904. He was arraigned Sept. 10,

1904, and pleaded not guilty. Hiram P. Harriman, Esq., and John F. Duffy, Esq., were assigned by the court as counsel for the defendant. On Nov. 3, 1904, the indictment was nol prossed. The case was in charge of District Attorney Oliver Stevens.

WILLIAM A. PARKER, indicted in Suffolk County, May, 1904, for the murder of Eleanora Cobb, at Boston, April 8, 1904. He was arraigned May 11, 1904, and pleaded not guilty. F. J. Daggett, Esq., and E. F. McClennen, Esq., were assigned by the court as counsel for the defendant. On Oct. 22, 1904, the defendant retracted his former plea of not guilty and pleaded guilty of murder in the second degree. This plea was accepted by the government, and thereupon he was sentenced to State Prison for life. The case was in charge of District Attorney Oliver Stevens.

WILLIAM PHILLIPS, indicted in Suffolk County, September, 1904, for the murder of Edward Murray, at Boston, Aug. 23, 1904. He was arraigned Sept. 20, 1904, and pleaded not guilty. Thomas J. Barry, Esq., was assigned by the court as counsel for the defendant. On Nov. 15, 1904, the defendant retracted his former plea of not guilty and pleaded guilty of murder in the second degree. This plea was accepted by the government, and thereupon he was sentenced to State Prison for life. The case was in charge of District Attorney Oliver Stevens.

RAY C. JOHNSON, indicted in Suffolk County, February, 1904, for the murder of Sarah A. Peters, at Boston, Jan. 5, 1904. He was arraigned Feb. 11, 1904, and pleaded not guilty. John J. Walsh, Esq., and John F. Lynch, Esq., were assigned by the court as counsel for the defendant. On June 27, 1904, so much of the indictment as charged murder in the first degree was nol prossed, and the defendant was tried by a jury before Bond, J., on the charge of murder in the second degree. The result was a verdict of guilty, and the defendant was sentenced to State Prison for life. The case was in charge of District Attorney Oliver Stevens.

JOSEPH A. HASTINGS, indicted in Essex County, May, 1904, for the murder of Dora T. Trask, at Beverly, March 3, 1904. He was arraigned May 31, 1904, and pleaded not guilty. Edward F. Carney, Esq., and Alden P. White, Esq., were assigned by the court as counsel for the defendant. On Jan. 9, 1905, the defendant retracted his former plea and pleaded guilty of murder in the second degree. This plea was accepted by the government, and thereupon he was sentenced to State Prison for life. The case was in charge of District Attorney W. Scott Peters.

The following indictments for murder are now pending:

ANGLES SNELL, indicted in Bristol County, November, 1903, for the murder of Tillinghast Kirby. He was arraigned Nov. 18, 1903, and pleaded not guilty. Hugo A. Dubuque and James P. Doran were assigned by the court as counsel for the defendant. In September, 1904, the defendant was tried by a jury before Aiken and Schofield, JJ. The result was a verdict of guilty of murder in the first degree. On Sept. 30, 1904, the defendant filed exceptions, which are still pending. The trial was conducted by the Attorney-General, with District Attorney James M. Swift.

NOCHOLAS DI FLAVIO, indicted in Essex County, May, 1904, for the murder of Giacomo Grassi, at Haverhill, May 8, 1904. He was arraigned May 19, 1904, and pleaded not guilty. No further action has been taken in this case. The case is in charge of District Attorney W. Scott Peters.

JOSEPH H. SEATON, indicted in Hampden County, May, 1904, for the murder of Estelle Taylor, at Springfield, March 11, 1904. He was arraigned May 9, 1904, and pleaded not guilty. Edward A. McClintock was assigned by the court as counsel for the defendant. No further action has been taken in this case. The case is in charge of District Attorney John F. Noxon.

CHARLES L. TUCKER, indicted in Middlesex County, June, 1904, for the murder of Mabel Page, at Weston,

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