murder in the second degree; in seven, by plea of guilty of manslaughter; in five, the prisoner was sent to the hospital before trial, as probably insane; in two, it was deemed advisable to substitute indictments for manslaughter, upon which the prisoners were tried and convicted; in five, the prisoners were discharged upon their own recognizance, for want of sufficient evidence to go to trial upon; and one prisoner committed suicide in jail, before trial. Other criminal cases are only under the care of the attorney general while law questions arising therein are pending in the supreme judicial court, on exceptions, appeal, report, writ of error, habeas corpus, or otherwise. Of these there have been four hundred and sixty-three in all, (including about four months of my predecessor's time,) two hundred and forty of which were cases arising under the liquor laws. In three hundred and eighty-eight of the whole number, and in two hundred and, eighteen of the two hundred and forty cases arising under the liquor laws, the decision of the supreme judicial court has been in favor of the Commonwealth. Cases arising under the liquor laws have received from me, as nearly as might be, the same attention as other criminal cases; neither more nor less.

Notwithstanding this considerable number of criminal cases, it remains true that the chief labor and care of this office arise from the civil business. It is now practically the case that the attorney general is the legal adviser not only of the governor and council, the treasurer, auditor and secretary of the Commonwealth, but also of the board of state charities, the insurance commissioner, and indeed all other officers who have interests of the Commonwealth intrusted to their charge, with no other provision for obtaining legal advice. Besides this the care of public suits in the supreme court of the United States at Washington, the large commercial interests of the Commonwealth in connection with the Boston, Hartford and Erie Railroad, the South Boston flats, the Hoosac Tunnel, the Eastern, Norwich and Worcester, and Boston and Albany Railroads; the investigation of questions referred to me by the legislature, or one branch thereof, of which those relating to the Stockbridge Indians, and to the Hutchinson Papers, are examples; the enforcement of the laws, by informations against banks, railroad corporations and insurance companies; and the

collection of interest, corporation taxes, penalties, etc. (amounting in all to $219,172.03, all of which has been accounted for to the treasurer of the Commonwealth), have given rise to duties of a diversified character. In all of these I have had the constant aid of Mr. James C. Davis, the assistant attorney general, who has rendered services indispensable to me, and of much advantage to the Commonwealth; and I have never been under the necessity of subjecting the Commonwealth to any expense for the aid of additional legal counsel in any matter intrusted to my official care.

The bill in equity brought against the Liverpool and London Life and Fire Insurance Co., to enforce payment of the tax assessed upon them, and carried to the supreme court of the United States, and argued last winter, as mentioned in my last annual report, was decided in favor of the Commonwealth.

The suit brought by the commissioners on inland fisheries against the Holyoke Water Power Co., to compel that company to build a dam across the Connecticut River at Holyoke, decided in favor of the plaintiffs by our own supreme judicial court, and carried by the Water Power Company to the supreme court of the United States by a writ of error, has not yet been reached for argument in that court.

In pursuance of the authority given by the Resolve of 1871, c. 81, relating to the Hutchinson Papers, I adjusted the controversy between the Commonwealth and the Massachusetts Historical Society, upon the terms therein stated, and Mr. Henry Adams was mutually selected as arbitrator to identify the documents to be surrendered. I prepared a written statement on the part of the Commonwealth, and submitted the same to him, and a written statement in behalf of the society was also submitted. This was done on the 20th of December, and no result has yet been announced.

Tables are appended, showing the details of the cases which have been under my charge for the past year.

I have the honor to be,

Very respectfully,

Your obedient servant,

CHARLES ALLEN.

CASES

Argued and conducted by the Attorney General from January 1st to December 31st, 1871.

COUNTY OF BERKSHIRE.

Commonwealth v. Robert Dougherty. S. J. C. Assault and battery. Report Superior Court. Judgment on the verdict. Commonwealth v. Robert Dougherty. S. J. C. Assault and battery. Report S. C. Verdict set aside.

COUNTY OF BRISTOL.

Commonwealth v. Charles H. Cuffee. S. J. C. Murder. Trial, May 16-18. Verdict-guilty of murder in the first degree. Questions of law reported. Judgment on the verdict. Sentence death.

Commonwealth v. Mary Kennedy. S. J. C. Liquor nuisance. Exceptions S. C. Exceptions overruled.

Commonwealth v. Thomas Roach. S. J. C. Assault with a dangerous weapon. Exceptions S. C. Exceptions overruled.

Commonwealth v. Charles Fuchs.

Exceptions S. C. Exceptions waived.

S. J. C. Single sale of liquor.

Commonwealth v. Certain Intoxicating Liquors (Brown and Hayes, claimants). S. J. C. Proceeding for forfeiture. Exceptions S. C. Exceptions overruled.

COUNTY OF DUKES COUNTY.

Commonwealth v. Allen Look et al. S. J. C. Taking fish unlawfully. Report S. C. Not decided.

Commonwealth v. Matthew Vincent. S. J. C. Taking fish unlawfully. Report S. C. Not decided.

COUNTY OF ESSEX.

Commonwealth v. Terence Carroll. S. J. C. Murder. Defendant still in lunatic hospital.

Commonwealth v. Burton G. Roberts et al. S. J. C. Manslaughter. Exceptions S. C. Exceptions sustained in part.

Commonwealth v. James Grady. S. J. C. Keeping liquor for sale. Exceptions S. C. Exceptions overruled.

Commonwealth v. Arthur R.bertshaw. S. J. C. Liquor nuisance. Exceptions S. C. Exceptions overruled.

Commonwealth v. Young R. Fielding. S. J. C. Common seller of liquor. Exceptious S. C. Exceptions overruled.

Commonwealth v. John J. Ryan. S. J. C. Liquor nuisance. Exceptions S. C. Exceptions overruled.

Commonwealth v. George H. Moulton et al. S. J. C. Threatening to accuse of crime. Exceptions S. C. Not decided.

Commonwealth v. John Sullivan. S. J. C.

Exceptions S. C. Exceptions overruled.

Liquor nuisance.

Commonwealth v. Robert Barrett: S. J. C. Leaving the State to engage in a fight. Exceptions S. C. Exceptions overruled.

Commonwealth v. Mary E. Falvey. S. J. C. Maliciously killing hens. Exceptions S. C. Not decided.

Commonwealth v. Certain Intoxicating Liquors (Hugh Owen, claimant). S. J. C. S. J. C. Proceeding for forfeiture. Report S. C.

Not decided.

Commonwealth v. John Kane. S. J. C. Assault and battery. Exceptions S. C. Exceptions overruled.

Commonwealth v. George Doe. S. J. C.

Exceptions S. C. Exceptions overruled.

Liquor nuisance.

Commonwealth v. Heury Martin. S. J. C. Liquor nuisance. Exceptions S. C. Exceptions overruled.

Commonwealth v. John Tobin. S. J. C. Assault upon an officer. Exceptions S. C. Exceptions overruled.

Commonwealth v. David M. Boynton. S. J. C. Assault with a dangerous weapon. Exceptions S. C. Exceptions overruled. Commonwealth v. Bernard Rowley. S. J. C.

sale. Exceptions S. C. Exceptious waived.

Keeping liquor for

Commonwealth v. Daniel Carney. S. J. C. Liquor nuisance. Exceptious S. C. Exceptions overruled.

Commonwealth v. Alvah Merrill. S. J. C.

Liquor nuisance.

Exceptions S. C. Exceptions overruled.

S. J. C.

Single sale of

Commonwealth v. Dennis Calhane. liquor. Exceptions S. C. Not decided.

Commonwealth v. Bartholomew Kevill. S. J. C. Keeping liquor

for sale. Exceptions S. C. Exceptions overruled.

Commonwealth v. Audrew J. Walker et al. S. J. C. Conspiracy.

Exceptions S. C. Exceptions overruled.

Commonwealth v. Heury Martiu. S. J. C.

Exceptions S. C. Exceptions overruled.

Liquor nuisance.

Commonwealth v. Patrick S. Callahan. S. J. C. Liquor nuisance. Exceptions S. C. Exceptions overruled.

COUNTY OF FRANKLIN.

Commonwealth v. Simeon Peck. S. J. C. Murder. Defendant still in lunatic hospital.

Commonwealth v. Lyman J. White. S. J. C. Murder. Plea — guilty of murder in the second degree. Sentence - imprisonment for life.

Attorney General v. Proprietors of Deerfield-River Bridge. S.J.C. Information. Decree for the plaintiff.

Commonwealth v. Simeon Canada. S. J. C. Owning and keeping an unlicensed dog. Exceptions S. C.

tained.

Exceptions sus

Riotous assembly,

Commonwealth v. Henry Wright. S. J. C. assault, &c. Exceptions S. C. Exceptions overruled.

COUNTY OF HAMPDEN.

Commonwealth v. F. Whitcomb. S. J. C. Obtaining money by

false pretences. Exceptions S. C. Exceptions overruled.

Commonwealth v. John Jennings. S. J. C. Liquor nuisance. Exceptions S. C. Exceptions overruled.

Commonwealth v. Simon Pierce. S. J. C.

Exceptions S. C. Exceptions overruled.

Liquor nuisance.

Commonwealth v. Certain Intoxicating Liquors (Daniel McCauley, claimant). S. J. C. Proceeding for forfeiture. Report S. C. Report dismissed.

Commonwealth v. Ezekiel Adams. S. J. C. Common seller of liquor. Exceptions S. C. Exceptions waived.

Commonwealth v. Thomas Maroney. S. J. C. Liquor nuisance. Exceptions S. C. Exceptions overruled.

Commonwealth v. George E. Dorman et al. S. J. C. Burglary. Exceptions S. C. Exceptions waived.

COUNTY OF HAMPSHIRE.

Commonwealth v. Joseph Bakeman.

S. J. C. Attempting to

obstruct a railroad. Exceptions S. C. Exceptions overruled.

Commonwealth v. James Irwin. S. J. C. Larceny. Exceptions

S. C. Exceptions overruled.

S. J. C. Obtaining money Exceptions overruled.

Commonwealth v. James Halloran. by false pretences. Exceptions S. C. Commonwealth v. Patrick Cahill. sale. Exceptions S. C. Exceptions overruled.

S. J. C. Keeping liquor for