Commonwealth of Massachusetts.

Agreeably to the provisions of the Act of 1844, Chapter 87, the Secretary of the Commonwealth respectfully submits to the Legislature an Abstract of Reports made by the Attorney for the County of Suffolk, and the Attorneys of three Districts, for the year 1844. No Report has been received from the Southern District; the office of Attorney for that District having been vacant during the time within which the Report is required by law to be made.

The form of Table heretofore used by the Attorney General has been adopted in making this Abstract.

In the following tables, the first columns contain the numbers of persons prosecuted, and the numbers in the other columns refer to the indictments.

The number of the persons, and of the indictments, is not necessarily the same; as one indictment is often against several persons, and several indictments are frequently found against one person.

Where there have been several indictments against one person, at several times, they have been reckoned, in making these tables, as against several persons, in order that the end of procuring the statistics of crime may be better attained. But where several indictments have been found against one person, at the same time, and for offences of the same kind, the numbers in the first columns have been increased by only one, while the several results of the indictments, and the costs arising under them, have been specified in their appropriate col

umns.

The title "other offences," as used in the following tables, is very general; but the enumeration of the classes of cases

placed under this title, in the County of Suffolk, will, to a certain extent, show the classes of cases denoted by it in the other counties. A large proportion of the cases placed under this title, are for offences which are mala prohibita, as distinguished from those which are mala in se. In the country counties, some cases of prosecutions are reported for "malicious mischief," some for "profanity," and some for "escape," or "aiding an escape."

The following is an enumeration of the classes of cases, placed in these tables, under the four titles particularized in the Act of 1839, Chap. 157:

The title "Against the person feloniously," includes cases of murder, rape, felonious assault, and assault with a knife, or gun.

The title, "Against the person not feloniously," includes cases of assault and battery.

The title, "Against property with violence," includes cases of riot, burglary, burglary and larceny, highway robbery, and

arson.

The title "Against property without violence," includes cases of larceny, cheating, counterfeiting, &c., forgery and embezzle

ment.

The three tables relative to the costs in the Municipal and Police Courts in Boston, and the fines and costs in the latter court, were furnished by the kindness of the Treasurer of the County of Suffolk.

The materials for the table numbered VIII., relative to the Convicts in the State Prison, were obtained from the records of the Prison.

The tables are much less valuable for the purpose of comparison with those of former years, than if a Report had been received from the Southern District.

The last of the tables, being a comparison of the sentences of convicts in the State Prison, with those in 1843, presents results of interest.

ABSTRACTS.

SUFFOLK COUNTY.

The last paragraph in the report of the attorney for the Commonwealth in the county of Suffolk, is as follows:

"There have been a very large number of trials and verdicts during the year,—many more indictments than common, and more persons punished in the penitentiaries, and by fines and imprisonment, than in any former year in this county."

During the past year, the Municipal Court has sat on one hundred and sixty-three days, and the grand jury have been in session on sixty-six days.

During the past year,

12 convicts have been arraigned and received additional sen

tences.

129 indictments have resulted in punishments by confinement in the House of Correction.

61 indictments have resulted in punishments by confinement in the State Prison.

6 indictments have resulted in punishments by confinement in the House of Reformation.

32 persons have been sent to the Asylum at Worcester, as furious lunatics.

Beside what is set forth in the table relating to Suffolk County, the attorney for that county, during the past year, has instituted 21 civil suits on recognizances in the Municipal Court, (since the act of 1844, ch. 44, went into operation,) and has attended to 7 other suits on recognizances, already commenced in the Court of Common Pleas, and to 7 others in the Supreme Judicial Court. He has also attended to 8 bank cases in the Supreme Judicial Court, and 12 cases brought into that court, by exceptions on points of law, from the Municipal Court. He has also attended to 3 trials for murder in the Supreme Ju

dicial Court, and has given 29 written opinions to the Governor, upon requisitions for fugitives from justice.

Written opinions have been given by him to the Secretary and Treasurer of the Commonwealth, on points concerning which he has been consulted by them.

He was "called upon many times by the Treasurer of the Commonwealth, in person and by letter, for advice (there being no Attorney General), and has given him oral and written opinions upon several interesting subjects."

Near the conclusion of his report he states as follows:

"In the month of May, 1844, I received a very long communication of the Treasurer, under the 13th chapter of the Revised Statutes, sec. 25 (there being no Attorney General), and he inclosed a very long list of debts due to the treasury from various persons on promissory notes, &c. I was of opinion, that it was no part of my official duty to act in the premises, unless specially instructed by the Governor or Legislature so to do. I inclosed a copy of the Treasurer's letter to me, and sent it to His Excellency the Governor, for such instructions as he might think proper to give me; but receiving none, I did nothing more in the premises."

As the title "other offences," in the following table, includes a large proportion of the cases, the following sub-division of that title is made:

Various other offences: such as official misdemeanor, drunkenness, lewdness, gambling, breaches of the lottery law,

* The costs in one case were $206 16.

57

616

1 The whole number of entries on the Report of the Attorney for Suffolk, is 1078. 2 82 of these were commenced in 1843, and 27 of them were continued to January, 1845. 3142 of these convictions were obtained by verdicts.

$5931 96 has been paid over by the Attorney for this County to the Treasurer of the Commonwealth, being the amount collected in the year 1844 upon forfeited recognizances; and suits for $8000 and more are still pending.

WESTERN DISTRICT.

The report made by the attorney for this district consists of returns certified and made to him by the clerks of the courts in the several counties.

Several cases of indictments for "malicious mischief" appear in the returns for this district. They are classed in the tables under "other offences."

There is in this district a greater number than in Suffolk County of indictments for nuisances, many of them being against towns for keeping bad roads.

In the returns for Hampden County, one indictment for lar