April 11, 2006

letter to the editor:

Recent criticism of DA Conte is a disgrace


I have been employed in the office of District Attorney John J. Conte for more than 25 years. In light of the Telegram & Gazette’s most recent editorial criticism of Mr. Conte (Telegram & Gazette, March 17), I feel compelled to write.

For as long as I can remember, Mr. Conte has led the effort to have a new courthouse built. All you need to do is ask local officials, lawyers, judges and court personnel who were on the original courthouse committee, and they will praise the longstanding commitment and efforts of Mr. Conte to have this courthouse built. Mr. Conte has been the constant leader of this project for more than 20 years.


Does the T&G editorial board even read its own paper? As far back as the nineties, a T&G editorial read, “DA Conte, who spearheaded the decade-long campaign for the Worcester courthouse, and members of the local legislative caucus have reason to celebrate.” To name the new courthouse in honor of Mr. Conte for getting this fine building for downtown Worcester, or to not name it after him, is up to the Legislature and, ultimately, Gov. Mitt Romney, but to downplay his significant role and success in obtaining this new facility is wrong.

To consistently attack a dedicated man who has devoted nearly 50 years of his life to public service is a disgrace.

It has been an honor to be a loyal employee to work for him and with him. Enough already. Show some respect.

ELIZABETH A. STAMMO

Sterling

March 19, 2006

Much ado about name for court
For accessibility sake, it shouldn’t be Conte

Dianne Williamson ,T&G STAFF 

In no particular order, I offer several reasons why we shouldn’t name the new courthouse after District Attorney John J. Conte:

1. Despite compelling evidence to the contrary, he is not dead yet.

2. He has failed to solve many high-profile cases that broke during his interminable tenure, including the Scola killing, the Volungis murder, and the disappearance of Lucy Keyes from Mount Wachusett in 1755.

3. His dour spirit would forever infuse the new building so that even the janitorial staff would walk around snapping “no comment” to perfect strangers.

4. He was caught selling steroids to Barry Bonds. Wait, that’s a different Conte.

5. Unlike our district attorney, the courthouse will be accessible to the public.

As courthouse construction proceeds, people are increasingly interested in the naming of the building and whether it should be linked with a person or just its location, considering that few locals refer to the Harold D. Donohue Federal Courthouse or James D. O’Brien Field at Worcester Airport. It’s just the federal courthouse, or Worcester Regional Airport, although frustrated air travelers have been known to create their own names for the airport, none of which can be printed in a family newspaper.

Factions have emerged. State Rep. James B. Leary has proposed that the courthouse be named after famed Worcester jurist Levi Lincoln, who was born in 1749 and, despite serving as governor and attorney general of the United States and ending slavery in Massachusetts, the most he got in return for his troubles was his family’s name on a measly square. (In an interesting aside, Mr. Lincoln represented the notorious Bathsheba Spooner of Brookfield, who was hanged near Worcester Common in 1778 for the murder of her husband. A crowd of 5,000 reportedly witnessed the hanging, including District Attorney Conte).

State Rep. John P. Fresolo wants to name the courthouse after two people — World War II war heroes John V. Power and Joseph O’Callahan. The proposal strikes me as a bit excessive, frankly, considering that we should hardly be expected to say that we’re headed to the John Power Joseph Callahan Memorial Worcester County State Courthouse to file a deed.

For years, retired Judge Milton H. Raphaelson has insisted that any new courthouse bear the name of the late legal titan John H. Meagher, a Superior Court judge and dominant figure at the courthouse in the 1950s, ’60s and ’70s. Judge Raphaelson calls himself the “self-appointed head of a committee of one” in his quest, although he seems to have some support within the legal community.

Among those who want to name the building after Mr. Conte are state Rep. Karyn E. Polito and state Sen. Stephen M. Brewer, an otherwise perfectly reasonable man, who indicated last week that he wasn’t “married” to the glum prospect of the Worcester Conte Courthouse, but said he was “thinking out loud” and “decided to run it up the flagpole.” I’m thinking that it’s time to divorce the idea and lower the darned flag, because no compelling reason exists to name the courthouse after the uninspiring Mr. Conte, unless we wanted to be whimsical and call it the Boo Radley Building or The Catch Me if You Can County Courthouse.

Otherwise, let’s move on. Plus, if we named the courthouse for our elusive DA, the building would have to incorporate all sorts of secret passageways and underground tunnels and perhaps a Cone of Silence Common Room and a bunch of telephones that ring indefinitely. Why, I’ll bet that when Levi Lincoln was governor, he returned more calls in one day than John Conte did in three decades, and the telephone hadn’t even been invented yet.

(In case no one noticed, not a single female name has been floated for the courthouse, although women weren’t allowed to practice law in the United States for years, perhaps out of fear that females would simply talk jurors to death rather than actually convince them of anything).

James D. O’Brien Jr., former president of the Worcester County Bar Association, has suggested to current bar president Steven Abraham that a committee be formed within the bar to tackle the naming issue. Mr. O’Brien’s father was the former Worcester mayor whose name graces the landing field at Worcester airport, whether most people know it.

“This ought to be considered with a degree of care, because it could polarize people,” Mr. O’Brien said. “We should tread cautiously. The threshold question is: Should it be named for anyone? That should be addressed first.”

Mr. Abraham noted that he formed an ad hoc transition committee within the bar to address various issues surrounding the new courthouse, including lack of space and parking, issues he considers more important — albeit less entertaining — than the naming of the building. (He also said he invited John Conte to serve on the committee, but Conte failed to show for the first meeting. IF you can believe it.) Mr. Abraham said the ad hoc committee might well be poised to consider the naming issue as well.

“If it was up to me, I’d just call it the Worcester County Courthouse,” Mr. Abraham said, because that’s what people will call it anyway. “Some people believe it should be named after no one. Who’s to make a value judgment about who’s more significant than someone else?”

I will. If we decide to put a name to the courthouse, Levi Lincoln fits best. Or maybe John Meagher. Anyone, really, but the guy who just happened to be D.A. when the courthouse was built.

Contact Dianne Williamson by e-mail at dwilliamson@telegram.com
.

March 17, 2006

Conte courthouse?
Incumbency doesn’t confer naming rights

Editorial, Worcester Telegram & Gazette (MA)

It’s largely ceremonial what name, if any, we give to the new county courthouse on Main Street in Worcester, but, ceremonial or not, the symbolism of naming it after incumbent District Attorney John J. Conte would be regrettable. And we’ll have the opportunity to regret it for a long time.

This is not a broad-brush knock on John Conte’s tenure. He has been hardworking and, if nothing else, durable. But the whispered consensus of lawyers, judges, other DAs is that his record is hardly stellar.

He is certainly unresponsive to the media, which is his right, but he is equally unresponsive to the public, which isn’t right. His few public appearances and utterances are limited to re-election time. So when it serves him, he’s out there, but when it serves the public, he’s AWOL 

It is no secret that political loyalty is Qualification No. 1 in the district attorney’s office. Not a crime, but not the best way to assemble a crack staff to put the bad guys behind bars.

The DA carved out a rather grand office suite for himself in the new building. That might go down as the usual political self-aggrandizement if it weren’t that the building is already overtaxed with too many criminal divisions. John Conte didn’t do that, the state planners did, but Mr. Conte wouldn’t contain his own expansiveness to make things better. Some argue that justice is better served if the DA’s offices are not even in the courthouse.

John Conte has done a workmanlike job as district attorney, but the mere coincidence that he was the DA when a new courthouse was built and that years ago he came out of the preening patch on Beacon Hill is not reason enough to move his name to the rafters.

March 15, 2006 

Judge added to list of names for new courthouse  

Bronislaus Kush, Worcester Telegram & Gazette (MA)

COLUMN: WORCESTER DIARY
Eric J. Salomonsson, a local history buff, especially when it comes to things Swedish, has tossed out another candidate for whom the new state courthouse might be named.

He proposes that the imposing structure on Main Street be named after former Probate Court Judge Carl E. Wahlstrom.

Judge Wahlstrom served on the bench from 1940 until his retirement in 1972. He died in 1976.

The longtime jurist, who also taught law at Northeastern University, was a nationally known authority on Abraham Lincoln and possessed a large collection of the former president's memorabilia.

Judge Wahlstrom's collection included about 1,200 books, including one from Lincoln's private library, autographs, and several Civil War documents.

He wrote a book about Lincoln, edited a second, and wrote several articles about the Great Emancipator.

The judge, who served as assistant register of probate from 1926 to 1940, was also honored by three presidents.

Dwight D. Eisenhower presented the judge with a copy of his own painting of Lincoln, while Lyndon B. Johnson personally invited the jurist, in 1965, to a Lincoln birthday party in Washington, D.C.

President John F. Kennedy, meanwhile, wined and dined Mr. Wahlstrom at the White House and insisted he have the use of the presidential limousine and chauffeur during the judge's visit to the nation's capital.

The judge also served on the boards of numerous local organizations.

The state Legislature will eventually decide on a name for the building.

Candidates under consideration include Worcester's Medal of Honor winners and abolitionist Levi Lincoln, who served as a governor and as the city's first mayor.

Afflicted with multiple sclerosis, Patricia Jacques died in the fall of 2000.

Though she passed away almost six years ago, the 50-year-old woman still lives on through the work of her niece, Elaina Jacques.

Last year, the Doherty Memorial High School student organized a benefit rock concert to help fight the illness that claimed her aunt's life.

About 350 kids showed up and $4,900 was raised.

This year, Elaina, the daughter of Mark and Carmen Jacques, is at it again.

The 16-year-old junior plans to hold a second benefit from 7 to 11 p.m. April 8 at Temple Emanuel on May Street.

The bands appearing include: One Side Blue, Jonny and the Pick Pockets, DXH, Airport Hill and Opening Night.

Union Hill residents got some great news last week when the state shelled out $500,000 to the Oak Hill Community Development Corp. for the construction of six new housing units.

This week, the nonprofit organization announced that it had also received another $226,500 from NeighborWorks America for its economic development, affordable housing and other initiatives.

"This funding will help address many needs of Worcester's low-income residents, including raising awareness about predatory lending and the benefits of better-informed financial decision making," said Jim Cruickshank, Oak Hill's executive director.

Created by Congress in 1978, NeighborWorks is charged with increasing home ownership opportunities for low-income families and formulating development strategies in poorer neighborhoods.

Over the last year, NeighborWorks has allocated about $75 million to 240 organizations in 4,500 cities and towns.

There hasn't been much business activity at the old Worcester Common Outlets downtown, since the stalemate developed between the city and Berkeley Investments Inc. over the agreement that's supposed to pave the way for redevelopment of the structure into the CitySquare mixed-use development.

However, the Subway sandwich shop has moved downstairs from its location on the second floor of the old Food Court

The eatery is now on the first floor of the Mechanics Bank tower, just opposite the YMCA's day care center, which also moved recently.

That section of the complex also contains the local offices of Berkeley.

By the way, the direct entrance from the Mechanics building to the vacant mall is now blocked to pedestrians, not that there's anything to see in what used to be the main shell of the former shopping center.

Until the CitySquare project gets going, the Subway looks like it will have to rely on the tower itself for customers, given its location.

The Subway is in the rear of the Mechanics building in a spot that is not very visible, near the entrance that's across from what was once known as the Filene's parking garage at Commercial and Foster streets.

Subway management has placed a "now open sign" on the Commercial Street side of the mall to attract customers.

Mayor Timothy P. Murray was honored recently by arts advocates for his commitment to promoting arts and cultural offerings in the Worcester area.

Mr. Murray was given the Local Leadership Circle Award by the Massachusetts Cultural Council and Massachusetts Advocates for the Arts, Sciences, and Humanities.

The award was presented at the Statehouse last Wednesday, during a program that featured Keith Lockhart, conductor of the Boston Pops, as the keynote speaker.

Six others also received prizes for their contributions.

Bronislaus B. Kush can be reached with comments or suggestions for Worcester Diary at (508) 793-9464 or by e-mail to
bkush@telegram.com

March 12, 2006

Levi Lincoln's name on courthouse would be fitting

Albert B. Southwick, Worcester Telegram & Gazette (MA)

Most Massachusetts courthouses are named for their location, not for a person as federal courthouses customarily are.

However, if the powers that be decide to name Worcester's new courthouse after Levi Lincoln (1749-1820), they will have a lot of history to back them up.

There aren't many Worcester personages who:

Served as governor of Massachusetts;

Served as attorney general of the United States;

Fathered two sons who became state governors, one of whom also was elected the first mayor of Worcester;

Helped abolish slavery in Massachusetts, the first state to do so, 80 years before his famous cousin issued the Emancipation Proclamation;

Was triply related by marriage to Paul Revere.

When it comes to accomplishments, few can match old Levi's record.

He was born in Hingham but moved to Worcester early on and started his law practice before the Revolution. In 1779 he served on the committee that wrote the Massachusetts Constitution, oldest on the continent.

He soon became prominent in the legal profession. The exodus of royalist lawyers after the Revolution opened all sorts of opportunities. Another local lawyer said of him, "He was without question the head of the bar (in Worcester County).... He was retained in every case of importance."

He won case after case, including the famed Quork Walker case that ended slavery in Massachusetts. His summation words still ring: "Is it not a law of Nature that all men are equal and free? Is not the law of nature the law of God? Is not the law of God then against slavery?" The 12 jurors listened, deliberated and Quork Walker went free, probably the last man to endure bondage in Massachusetts.

Did Mr. Lincoln ever discuss the issue of slavery with President Thomas Jefferson, who appointed him attorney general of the United States? I have no way of knowing.

He did not win all his cases. The most famous of those he lost was that of Bathsheba Spooner, the Brookfield daughter of a notorious royalist. In 1778, while the Revolutionary War still raged, she arranged for her lover, a former British soldier, and two other men to club her husband senseless and throw his body down a well.

At the trial, Mr. Lincoln argued an insanity defense. He said that she had been badly mistreated by her husband, who was unfaithful to her and sometimes brought his mistresses into the house as kitchen servants. But the jury didn't buy it and on July 2, 1778, Bathsheba and her three colleagues were hanged some place east of the Worcester Common while a crowd of 5,000 watched.

At a time when most of Levi Lincoln's friends were Federalists, he was a Jeffersonian Republican, one of the few prominent ones in Massachusetts. As such, he was the target of many brickbats, including some from Isaiah Thomas, editor and publisher of the Spy, Worcester's leading weekly newspaper.

Mr. Thomas was a stout Federalist, devoted to the memory of George Washington. Mr. Lincoln's rise in Jeffersonian circles set off something of a feud. He boldly spoke out against the political activities of the Massachusetts clergy, mostly Federalist. At that time, the Congregational Church here was the established church, supported by taxes. But its political power dwindled after Mr. Lincoln's slashing attacks, and its special privileges were abolished in 1832.When Mr. Lincoln was appointed attorney general, the Spy sneered at it as a "perfect sinecure" and ridiculed some of Mr. Lincoln's writings as filled with "scurrility and falsehood."

On Feb. 29, 1804, under the sarcastic head "Death Blow to the Spy," the paper recounted how one of "Farmer Lincoln's" sons had come to the Spy office and cancelled his father's subscription, which "we fear will prove an irreparable loss to our interest, of one dollar and seventy-five cents per annum!"

The report went on to note that "Lincoln receives a salary of 3000 dollars for vilifying the friends of WASHINGTON and ADAMS ... ."

However, when Mr. Lincoln died in 1820, the Spy, under different management, extolled his memory.

He sired a remarkable family, although he didn't live to see some of the more remarkable achievements. In 1825 his son, Levi II, was elected governor of Massachusetts and was re-elected nine straight times. He left Beacon Hill in 1834 to serve in Congress. In 1848, he was elected the first mayor of Worcester, which had won its city charter in 1826.

Another of Levi's sons, Enoch, was elected governor of Maine in 1826, and would most likely have had a distinguished career in politics had he not died unexpectedly at age 40.

Levi Sr. more or less retired from politics after the end of Thomas Jefferson's administration. In 1809, when President James Madison offered him the post of secretary of state, he declined on the grounds of failing eyesight. His last years were spent on his farm in Worcester, where he became quite a noted horticulturalist.

He had an unusual connection to Paul Revere, the famed Revolutionary figure. Mr. Revere's daughter, Deborah, married Amos Lincoln, who was Levi's brother. When Deborah died, leaving nine children, Amos married her sister, Elizabeth. Another of Levi's brothers, Jedediah, married Mary Revere, another of Paul Revere's daughters.

Anyway, in my opinion, the Lincoln name on the new courthouse would be entirely fitting. 

February 28, 2006 

Courthouse name game 3-way race -
DA, war heroes vying with jurist


John J. Monahan, Worcester Telegram & Gazette (MA)

BOSTON - A scramble is on over the naming of the new Worcester courthouse, with various lawmakers proposing that the new building be named after local war heroes, a historical legal pioneer or the sitting district attorney.

State Rep. James B. Leary, D-Worcester, had proposed earlier this month that the courthouse be named after famed jurist and lawyer Levi Lincoln, whose legal legacy was memorialized when the city named the downtown square next to the current courthouse after him and his family many decades ago.

Since Mr. Leary made that suggestion, state Rep. Karyn E. Polito, R-Shrewsbury, has joined with state Sen. Stephen M. Brewer, D-Barre, in an effort to have the courthouse named after District Attorney John J. Conte, the former state senator who has served as Worcester district attorney for three decades.

State Rep. John P. Fresolo, D-Worcester, meanwhile, has advanced another proposal and is filing legislation this week seeking to name the courthouse after two of the city's most prominent war heroes, Marine 1st Lt. John V. Powers and Navy Lt. Commander Joseph T. O'Callahan, both of whom were awarded the Medal of Honor for heroic actions in the Pacific during World War II.

Mr. Fresolo said yesterday that to avoid any public debate or controversy over the naming of the courthouse, legislators and others interested in naming the building should agree on a format to review the nominations and come up with a consensus.

"I personally think we should sit down and have a committee to go over each and every name submitted," Mr. Fresolo said. State Rep. Vincent A. Pedone, D-Worcester, said he believes there are more important issues involved in the courthouse project than finding a name.

"I think we should be concentrating on making sure it is built properly and making sure that there is enough operating space to do the people's business, before we get into the ceremonial tug of war regarding a name," he said.

Mr. Pedone said a widely held view among lawyers and other professionals who use the courthouse is that the Romney administration made a mistake revising plans to require that the building house the juvenile court and the Worcester probate court in addition to the District and Superior Courts it was initially designed to house.

"That is the issue we ought to be working on rather than the foolishness of a naming war."

Lt. Powers died on Namur Island in the Pacific Feb. 1, 1944, in fierce fighting with the Japanese. After being severely wounded in the stomach, he "continued to advance on an enemy pillbox which he destroyed, and while advancing on another enemy position, he was fatally cut down by their gunfire," according to a description of his brave actions provided by the American Legion post. A statue of Lt. Powers stands at the side of Worcester City Hall.

Lt. Commander O'Callahan, chaplain aboard the aircraft carrier USS Franklin, "valiantly braved the bombings and machine gunning by Japanese aircraft" to come to the aid of wounded and dying servicemen, the legionnaires said. According to the legion account, he "went to the aid of his men and his ship in the midst of violently exploding bombs, shells, rockets and other armament to minister to the wounded and dying, with no concern for his personal safety."

He also directed the jettisoning of live ammunition and the flooding of the magazine and then personally manned a fire hose "to cool hot, armed bombs rolling on the deck," during the attack. He later returned to Worcester to become a member of the faculty at the College of the Holy Cross. 

February 16, 2006 

REGIONAL DIGEST

Worcester Telegram & Gazette (MA) 

Leary proposes Lincoln for court name

If state Rep. James B. Leary, D-Worcester, has his way, the new county courthouse will be named after one of the city's prominent legal figures: Levi Lincoln Sr.

In a letter to his colleagues in the Central Massachusetts legislative delegation, Mr. Leary noted that Mr. Lincoln was the U.S. attorney general and secretary of state under Thomas Jefferson; a member of Congress, a governor and lieutenant governor of Massachusetts, member of the Constitutional Convention of 1779-80 that drafted the Massachusetts Constitution; clerk of courts and judge of probate for Worcester County; member of the Massachusetts House of Representatives; and member of the Governor's Council.

He also was appointed to the U.S. Supreme Court, but had to decline the appointment because of declining health and near blindness at the time.

"Even more important and long lasting than his service in public office was his historic contribution as a lawyer. In 1781, only one year or so after Lincoln served in the Constitutional Convention that drafted the Massachusetts Constitution, he argued a case before the Supreme Judicial Court that resulted in the holding that slavery was inconsistent with the guarantees of that very same constitution. Through Lincoln's efforts and skills as an attorney, slavery was abolished in Massachusetts over 80 years before being abolished nationally," Mr. Leary wrote.

 

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