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former plea, and pleaded guilty to manslaughter. plea was accepted by the Commonwealth, and the defendant was thereupon committed to State Prison for not less than three nor more than five years. The case was in charge of District Attorney John J. Higgins.

EMMA A. HUNTLEY, indicted in Middlesex County, February, 1908, for the murder of Carlene A. Huntley, at Somerville, Dec. 9, 1907. She was arraigned Feb. 7, 1908, and pleaded not guilty. No counsel was assigned to act for the defendant. It appeared, upon examination by alienists, that the defendant was insane at the time of the commission of the crime, and she was therefore committed to the State Insane Hospital at Danvers. The case was in charge of District Attorney John J. Higgins.

ARTHUR B. SMITH, indicted in Suffolk County, February, 1908, for the murder of John T. Lynch, at Boston, on Jan. 16, 1908. He was arraigned June 19, 1908, and pleaded guilty to murder in the second degree. James F. Creed, Esq., was assigned by the court as counsel for the defendant. This plea was accepted by the Commonwealth, and the defendant was thereupon sentenced to State Prison for life. The case was in charge of District Attorney John B. Moran.

WILLIAM C. BROWN, indicted in Worcester County, May, 1908, for the murder of Lillian G. Brown, at Clinton, April 25, 1908. He was arraigned Nov. 12, 1908, and pleaded guilty to murder in the second degree. Thomas L. Walsh, Esq., was assigned by the court as counsel for the defendant. This plea was accepted by the Commonwealth, and the defendant was thereupon sentenced to State Prison for life. The case was in charge of District Attorney George S. Taft.

ELIZABETH T. STEVENS, indicted in Essex County, May, 1908, for the murder of Mary Stevens, at Haverhill, on Feb. 6, 1908. She was arraigned June 23, 1908, and pleaded not guilty. Francis H. Pearl, Esq., was assigned by the court

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as counsel for the defendant. In June, 1908, the defendant was tried by a jury before Stevens, J. The result was a verdict of not guilty, by reason of insanity. The defendant was thereupon committed to the Danvers Insane Hospital for life. The case was in charge of District Attorney W. Scott Peters.

SALVATORI A. STROZZI and MARY A. STROZZI, indicted in Middlesex County, June, 1908, for the murder of Peter J. Wilson, at Somerville, on March 24, 1908. They were arraigned June 5, 1908, and pleaded not guilty. Peter S. Maher, Esq., was assigned by the court as counsel for the defendant. In November, 1908, the defendants were tried by a jury before Hardy, J. The result was a verdict of guilty of manslaughter against Salvatori A. Strozzi and a verdict of not guilty against Mary A. Strozzi. The defendant was thereupon sentenced to State Prison for a term not exceeding twelve years. The case was in charge of District Attorney John J. Higgins.

FELICE CHIOCCHIO and NICOLA CHIOCCHIO, indicted in Worcester County, January, 1908, for the murder of Paolo Previti, at Leominster, Dec. 12, 1907. They were arraigned Jan. 31, 1908, and pleaded not guilty. Franklin Freeman, Esq., and Thomas H. Sullivan, Esq., were assigned by the court as counsel for the defendants. In November, 1908, the defendants were tried by a jury before Gaskill, J. The result was a verdict of guilty of murder in the second degree, and on the same day the defendants were sentenced to State Prison for life. The case was in charge of District Attorney George S. Taft.

VITO CONSTANZO, indicted in Suffolk County, February, 1908, for the murder of Mamie Zarella, at Boston, Jan. 5, 1908. He was arraigned June 24, 1908, and pleaded guilty to murder in the second degree. Frank Keezer, Esq., was assigned by the court as counsel for the defendant. This plea was accepted by the Commonwealth, and the defendant was thereupon sentenced to State Prison for life. The case was in charge of District Attorney John B. Moran.

WALTER R. AMESBURY, indicted in Norfolk County, April, 1908, for the murder of Anna B. Amesbury, at Hyde Park, Dec. 25, 1907. He was arraigned April 23, 1908, and pleaded not guilty. John P. Leahy, Esq., was assigned by the court as counsel for the defendant. On Jan. 11, 1909, the defendant retracted his former plea, and pleaded guilty to murder in the second degree. This plea was accepted by the Commonwealth, and the defendant was thereupon sentenced to State Prison for life. The case was in charge of District Attorney Thomas E. Grover.

The following indictments for murder are now pending:

MING SING, HOм WOOм, LEON GONG, WONG DUCK, WONG HOW, JOE GUEY, DONG BOK LING, YEE WAT, YEE JUNG and WARRY CHARLES, indicted in Suffolk County, August, 1907, for the murder of Chin Mon Quin, Wong Shu Chin, Chin Leet and Lee Kai Nom, at Boston, on Aug. 2, 1907. They were arraigned Sept. 3, 1907, and pleaded not guilty. Charles W. Bartlett, Esq., Harvey H. Pratt, Esq., and J. C. Woodman, Esq., were assigned by the court as counsel for the defendants. In February, 1908, the defendants were tried by the jury before Pierce and Brown, JJ. The result was a verdict of guilty of murder in the first degree against all the defendants except Yee Wat, who died in jail before the verdict was rendered. In the case against Wong Duck, Wong How and Dong Bok Ling, a motion for new trial was granted by the court. The indictment against Yee Jung was nol-prossed, and the defendant discharged. With reference to the other five defendants, exceptions are now pending. The case was in charge of District Attorney John B. Moran.

CHESTER S. JORDAN, indicted in Middlesex County, September, 1908, for the murder of Honora C. Jordan, at Somerville, Sept. 1, 1908. The defendant has not yet been arraigned. The case is in charge of District Attorney John J. Higgins.

JOHN J. HERLIHY, indicted in Hampden County, December, 1908, for the murder of David Moran, at Southwick, on Sept. 11, 1908. The defendant has not yet been arraigned. The case is in charge of District Attorney Stephen S. Taft.

SALVATORI CARACOCCIA, indicted in Essex County, May, 1908, for the murder of Giuseppe Bellavia, at Lynn, Jan. 20, 1908. He was arraigned June 23, 1908, and pleaded not guilty. Michael L. Sullivan, Esq., and J. Frank Williams, Esq., were 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 W. Scott Peters.

NAPOLEON J. RIVET, indicted in Middlesex County, June, 1908, for the murder of Joseph Gailloux, at Lowell, on Feb. 29, 1908. He was arraigned June 7, 1908, and pleaded not guilty. William H. Bent, Esq., and Joseph H. Guillett, Esq., were assigned by the court as counsel for the defendant. The case is in charge of District Attorney John J. Higgins.

JESSIE HAY, indicted in Essex County, September, 1908, for the murder of her infant child, at Lawrence, April 25, 1908. She was arraigned Sept. 30, 1908, and pleaded not guilty. No further action has been taken in this case. The case is in charge of District Attorney W. Scott Peters.

SALVATORE SIGNORELLI, indicted in Essex County, September, 1908, for the murder of Mario Magri, at Lawrence, on Aug. 13, 1908. No action has been taken in this case. The case is in charge of District Attorney W. Scott Peters.

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HATTIE SIMMONS, indicted in Bristol County, November, 1908, for the murder of William P. Simmons. arraigned Nov. 24, 1908, and pleaded not guilty. Charles Mitchell, Esq., and Emanuel Sullivan, Esq., were assigned by the court as counsel for the defendants. No further action has been taken in this case. The case is in charge of District Attorney James M. Swift.

WILLIAM C. HOWARD, indicted in Bristol County, November, 1908, for the murder of Ida Howard. He was arraigned Nov. 24, 1908, and pleaded not guilty. James M. Morton, Jr., Esq., and Edward F. Bannon, Esq., were 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 James M. Swift.

LITIGATION OF THE COMMONWEALTH WITH THE NEW YORK, NEW HAVEN & HARTFORD RAILROAD COMPANY. The Supreme Judicial Court for the Commonwealth, on May 8, 1908, rendered a decision in the case of AttorneyGeneral ex rel. v. New York, New Haven & Hartford Railroad Company, a petition in equity under the provision of St. 1906, c. 372. In view of the importance of this decision and of the principles upon which it turned, I deem it advisable to review at some length the history of the issue between the Commonwealth and the company which led to the litigation referred to in my report of last year as the “New York, New Haven & Hartford Railroad Company Cases," of one of which this decision is the result.

The New York, New Haven & Hartford Railroad Company, as it existed prior to June, 1907, was a consolidated corporation created by concurrent legislation of the State of Connecticut and of the Commonwealth of Massachusetts, into which were merged the New York & New Haven Railroad Company, created by the union of the Hartford & Springfield Railroad Company, a corporation of Massachusetts, and the Hartford & New Haven Railroad Company, a corporation of Connecticut, and the New York & New Haven Railroad Company, a corporation created under the laws of the State of Connecticut.

The validity of certain acts of the consolidated corporation known as the New York, New Haven & Hartford Railroad Company, authorized by the laws of the State of Connecticut but prohibited by the laws of this Commonwealth, was the issue upon which this litigation was based. St. 1906, c. 463, part II., § 57, provides that, unless authorized by the Gen

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