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Commonwealth vs. David L. Child. Indictment for

Libel. Returned in April, 1828, and tried on an issue to jury, at the October term of that year. Motion for a new trial had been made by defendant and argued by the former law officers of the Commonwealth. Motion in arrest of judgment came on at the October term of this Supreme Judicial Court, and was argued by counsel for defendant and by the Attorney General on the part of the Commonwealth. Motion sustained and defendant discharged.

The other business of the Commonwealth in this Court was postponed until after the period embraced by

this report,


Commonwealth appellant from a decree of the Judge of

Probate, in case of John B. Lewis's estate.

Motion on part of Commonwealth for an amendment of the order of Court sustained, and case continued to the next term.

Commonwealth vs. Charles Ellis. Forgery. Continued

on his motion.

Commonwealth vs. Jesse Bates.

The prisoner had been charged with an aggravated larceny, and acquitted by reason of insanity, at a former term; whereupon he was remanded to the jail as a dangerous person. He now petitioned to be discharged, representing himself to have recovered his reason ; and after the examination of several witnesses, the Court


being of opinion bis representation was true, he was discharged.

Commonwealth vs. Edward Pray. Selling liquor with

out license.

The indictment in this case had been found at a former term, and a demurrer filed for defect of form. It was now argued and continued for advisement.

Commonwealth vs. Samuel Ham. Nuisance. Contin

ued by reason of the absence of a material witness.

The Attorney General has been called upon by the Treasurer of the Commonwealth, to give an opinion in regard to the claim of an auctioneer, not to pay the auction tax on goods sold by him for the account of the United States.

For an opinion to the Inspector General of Fish, in regard to the claims of sundry fishermen, under the Inspection laws.

And by the same Inspector, in regard to a memorial made to him on the subject of the same laws, and the mode of their being executed, sent to said Inspector General from sundry persons at Newburyport.

And considering these requisitions for legal advice as possibly within the spirit of the law establishing his duties, he has given opinions accordingly.

The Attorney General has attended all the terms of the Supreme Judicial Court holden within the Commonwcalth during the term comprised in the foregoing Report, except only the term holden at Nantucket, where it had been previously ascertained by him that the Commonwealth bad no case on the docket.

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The Attorney for the Commonwealth, within the
County of Suffolk, attended the several terms of the
Municipal Court in July, August, September and Octo-


He assisted in the trial of Commonwealth vs. Williams Roby, for murder, at the Supreme Judicial Court in July, and in the preparation of the evidence, and at the arraignment of James Jordan and Susan Page, the former for murder as principal, the latter as present aiding and abetting therein.

He attended at the Police Court and had care of the case vs. Daniel Davis, on a charge of murder.

He attended during several days in preparing and conducting before said Court, the examination of William Ulmar, James Freeland, Samuel Campbell, and Emanuel Currant, on a charge of murder.

The other business under the care of said Attorney appears by the following Table.


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