This is the fifth in a series on Commonwealth v. Russ. Prior installments are here, here, here, and here.
On September 11, 1915, a Suffolk County1 Grand Jury returned sixty-eight indictments and fourteen “no bills” in connection with a number of felony matters advanced by the office of District Attorney Joseph C. Pelletier.
Though Assistant District Attorney Thomas D. Lavelle2 handled many of the matters presented to the grand jury that day,3 Pelletier personally presented the Commonwealth’s evidence as to Oscar Russ.
Joseph C. Pelletier was born in Boston in 18724, the fifth surviving son of merchant, banker, and philanthropist William Summers Pelletier. After graduating from Boston College in 1891, he was appointed as principal at the Marcella Street Home5, serving there until he started law school in 1894.6
He might have liked baseball. Students7 played baseball on a field built during his tenure at the Marcella Street Home. He was one of the founders, initial owners, and first president of, the Boston Americans.8
Pelletier was appointed to various public offices and boards, including the Civil Service Commission before being elected Suffolk District Attorney in 1909.9
About a year into office, he announced his intent to personally handle the indictment and trial of Clarence V. T. Richeson for the death of Avis Linnell10; this represented a departure from prior Massachusetts practice, in which high-profile capital cases were handled by the Attorney General.11
Though Pelletier did secure the indictment,12 he didn’t try the case.13 Richeson changed his plea to guilty two months after being indicted and was executed by electric chair on May 21, 1912.
Pelletier was Catholic, born in a city hostile to that identity14 but came of age and took to politics as Irish immigrants made Catholics a political force. He was popular. Broadly.
From the beginning of his term, Pelletier took stands that weren’t always entirely favorable to entrenched interests. He prosecuted15 a millionaire industrialist for conspiring to plant dynamite to discredit strikers in Lawrence, and16announced that his office would try no cases, nor advance any for sentencing, during the September term of 1914, rather than submit them to Judge Henry A. King, whom Pelletier thought imposed sentences that were too severe and ignored his office’s recommendations as to leniency, probation, and bail.17
Pelletier became the target of national attention15 when he refused to work with newly-appointed Suffolk County Probation Officer Allison G. Catheron in 1917. Though he gave several additional reasons,16 Pelletier made no secret of the principal basis of his opposition: Catheron had been a member and supporter of the anti-Catholic, anti-immigrant, American Protective Association.17
Catheron did make it into office over Pelletier’s objection, but stayed only a little while, before resigning to take a position at a law firm that’d be known, by the time of his obituary, as Ropes, Gray, Best, Coolidge, and Rugg.18
Perhaps due to the controversy with King, or Catheron, Pelletier ran afoul of the New England Watch and Ward Society, a pro-censorship, anti-sex work, anti-immigrant, anti-Catholic organization funded by the most powerful families in Boston.
The Watch and Ward Society had its own staff of investigators, thugs, vigilantes, and Episcopalians, who conducted surveillance of activities and people suspected of immorality and occasionally raided houses, businesses, perhaps entire neighborhoods suspected of harboring “vice.”19 The Society expected — in fact, demanded — that its priorities be state priorities, and the people seized in its raids to be prosecuted.
Pelletier occasionally, eventually, declined to do so.20 Perhaps out of moral concern over the implications of a private police force running on pure pucker and family money, but certainly also because their investigations were sloppy,21 often corrupt, and the resulting cases were garbage.22
As it ever was, Pelletier was accused of being soft on crime.23 Too many people were getting out on bail, it was said. Too many charges were being dismissed, it was said. People might get away with… anything. Reading Walt Whitman. Iniquity. Opium. Gambling. Maybe, handjobs.24
And yet, Pelletier kept getting re-elected. Every two years. Like clockwork.
Tension grew.
A “dictagraph”25 was discovered in Pelletier’s office in Barrister’s Hall in early November of 1919.26 Concealed wires ran through the building to the office of Godfrey L. Cabot27 of the Watch & Ward Society.
Although Cabot initially denied any involvement, the stenographer he hired confessed to having made a transcript. Cabot then admitted to listening in. For what he claimed were legitimate investigative purposes.
Shortly after the listening device was found, State Senator Harold Perrin filed charges against Pelletier, seeking his removal from office. It was a third attempt, by the Society, to rid themselves of the bothersome District Attorney.
Much of the evidence in the proceeding concerned, not Pelletier, but an alleged co-conspirator, attorney Daniel Coakley.28 Pelletier was removed from office on January 1, 1922.
When they told him, he laughed.29
The bar commenced proceedings against his license. Pelletier refused to participate, declaring that he’d been “forejudged” and would not participate in a “mock trial.”30
He was disbarred on May 8, 1922.
He died of pneumonia on March 25, 1924.
At the time of his death, Pelletier lived with his widowed mother, Cecilia E. Davis Pelletier. He never married or had children.
Before I confess that I don’t know what to make of Attorney Pelletier, one last thing. Boston & Roxbury Atlas, 1895.31 Let’s take a look.
Find Centre Street. Cross Columbus Ave where Stony Brook once was. Walk along that last, disconnected block, to the house that would become 178 and 180 Centre.
At Highland Street, turn, and and pass the three other wooden tenements. Keep going past the big, brick, city stable, and reach Marcella Street.32
Follow that street, past what was no longer the Roxbury Almshouse, to a narrower street of single-family homes, to reach the corner of Washington and Marcella.
2841 Washington Street.33
I don’t know. He courted the press, but he took bold positions; he took the side of labor, but prosecuted strikers.
He condemned the theory that “every man accused is guilty,34” he spoke against manufactured cases, false evidence, and entrapment; but he was distinctly pro-death penalty. He was concerned with the accessibility of public transit,35 brutal prison conditions, the treatment of the poor, and advocated against life imprisonment of “boy murderer” Jesse Pomeroy.36
He was anti-contraception, anti-abortion.37 Bragged in the press that he’d handled, personally “40,000” such prosecutions — an impossibility.
He may have had a controlling streak. He was certainly ambitious. Although he won election after election for DA, he never stopped seeking other and higher office. Mayor. Governor.
And he prosecuted Oscar Russ, for the death of his wife, Emilie.
Suffolk County is the county that includes Boston, and not much else. “Commonwealth” is how Massachusetts state-court lawyers refer to Massachusetts.
Thomas Lavelle would resign three weeks after the jury came in, in the Russ trial. He became a defense attorney.
Among the cases presented to the grand jury by Attorney Lavelle was the case against tailor Frank D. Ryan, for the death of his wife, Blanche on September 10, 1915.
Assistant Medical Examiner Timothy Leary testified that Mrs. Ryan died of strychnine poisoning. Mr. Ryan testified before the grand jury, admitting that he gave her the tablets, but that he believed them to be morphine, and had obtained them from a man whose name he did not know, in the West End.
The grand jury returned no bill against Mr. Ryan.
At forty-three, Pelletier was almost the oldest person involved in the Russ trial.
Something between an orphanage and a prison, the Marcella Street Home occupied the former Roxbury Alms House property from 1876 to 1898. Conditions were, reportedly, poor. Mr. Pelletier was barely out of his teens when he was put in charge.
Civil Service Board - JC Pelletier Appointed by Gov Douglas, Boston Globe, November 1, 1905.
Or residents, or inmates.
Boston Club Incorporated: JC Pelletier, Edward A Hearn and James J. Collins the Incorporators, Authorized Capital of $100,000. Boston Globe, August 13, 1901.
This makes him, arguably, the first owner of the Boston Red Sox.
Popular in Suffolk County, he was reelected in 1910, 1912, 1914, 1916, 1918 and 1920.
Second Autopsy Made on Body of Avis Linnell - Findings Kept Secret — Body Sent Back to Hyannis for Reburial. Fall River Transcript Telegram, October 25, 1911.
Notify Richeson Today - Indictment to be served this afternoon. Boston Evening Transcript, November 1, 1911.
Guilty of Murder, Richeson Declares - Cambridge Minister Makes Written Confession of Poisoning Miss Avis Linnell - Pelletier is inflexible. District Attorney says he will accept no compromise on lesser degree of murder. Morning Union, January 7, 1912.
Screeds and slanderous broadsides in the anti-Catholic press; glowing testimonials in Catholic-run papers and newsletters.
Such as Mr. Catheron didn’t live in Boston, usual appointment procedures hadn’t been followed, and the salary for the position had been abruptly raised by thirty percent without explanation.
Wikipedia sketches out a history of the organization. Discussion of Attorney Pelletier’s refusal to work with Mr. Catheron, in the mainstream press, is reminiscent of today’s knee-jerk both-sidesism. Much was written taking the position that Pelletier, as a Catholic, was too biased to evaluate the situation neutrally or reasonably.
There was little concern that a public official who’d gone on record for hating a particular population perhaps ought not be put in a position of power over them.
Wonder what happened to them.
Woman Says Her Name Is Ada Brown - Is being tried under the name of Rose Brooks - Officer says he was told wrong person arrested in crusade. Boston Globe, March 10, 1916. Pelletier denies all charges; hits Watch and Ward. Fall River Globe, March 22, 1917.
Lest we get too affectionate about Pelletier, he did insist that he always prosecuted anyone accused of providing contraception or abortion, to the fullest extent of the law. Because, you know, chastity. Dickhead. See Note 39.
Of a “Watch and Ward” case, Pelletier stated that “the jury dismissed the case in two minutes, and as a result, the attorney dropped a large number of similar cases.” Pelletier Defends Acts, Boston Globe, March 21, 1917
Attorney Thomas Lavelle was quoted as saying “[I]t was my duty to prosecute cases for the Watch and Ward Society. While in that office I found some of the agents to be vicious little rats. The Watch and Ward agents are making crimes and gratify their narrow-minded efforts to suppress it.” Watch and Ward code explained, Boston Post, April 11, 1916.
Pelletier Defends Acts, Boston Daily Globe, March 21, 1917.
Attorney Pelletier took particular issue with “hotel investigations” done by the Watch and Ward Society, where college students were encouraged — and paid — to entrap young women, who would then be arrested for immorality, as would the keepers of the hotels where it occurred.
A dictograph or dictagraph was a small wired microphone designed to be concealed in one location, with a receiver in another. Unable to record, if a transcript was required, an operator would have to serve as stenographer.
Dictagraph found in Pelletier’s Office. Wires Traced to Rooms of Godfrey L. Cabot. Boston Globe, November 14, 1919.
Cabot and Pelletier butted heads fairly frequently, including when Cabot wished to have a Dr. Joseph Homer, accused gentleman jewel thief — I swear to god — released on bail. Pelletier, noting that Dr. Homer had no connection to the community, refused. Pelletier Rejects Bail for Dr. Homer - Godfrey Cabot Says His Offer Was Refused. Boston Daily Globe, July 17, 1920.
Daniel Coakley has been described as one of the most dishonest men in the history of politics, or something like that.
Pelletier Laughs at Comment of Assistant on Finding. Boston Daily Globe, February 21, 1922.
Pelletier wasn’t the only one to allege the fix was in. City Counselor Brickley told the Boston Globe that he’d been solicited to give testimony against Pelletier, by the Watch and Ward Society, and refused, because he “knew their methods,” and how “they got a poor old dope fiend to show up his pal, or fix it so some fellow got trapped with some young girl.” Brickley out for Pelletier. Boston Daily Globe, November 19, 1921.
The Marcella Street Home.
Back-Bay Roxbury Real Property Transactions, Boston Globe, October 17, 1911. “District Attorney Joseph C. Pelletier has just purchased […] the large four-story swell front brick house, 849 Beacon St., Back Bay. […] As part payment for the above property, the same brokers have closed the sale … of the parcel belonging to Cecilia E. Pelletier, 2841 Washington St., corner of Marcella St Roxbury.”
Pelletier Defends Acts, Boston Daily Globe, March 21, 1917.
Pelletier, along with Mayor Curley, wanted transit fares to stay at five cents, throughout the system; he was against “zoned” transit which increased fares in certain areas. He also denounced attempts to bring Long Island Hospital under the control of the penal institutions department, essentially treating poor, disabled, elderly, and unhoused people as criminals. Brickley Speaks Out, supra, note 32.
Asks Leniency for Pomeroy, Boston Daily Globe, January 3, 1917.
“Mr. Pelletier said he prided himself on the fact that his office was adamantine on birth control cases. ‘whether by surgical methods or medicine.’ His office had prosecuted ‘ruthlessly’ such cases. He said it was imperative that his office should take that stand, as without chastity in our maidens, the very fabric of society is gone.” Pelletier Defends Acts, Boston Daily Globe, March 21, 1917. Gross.