The Boston Globe from Boston, Massachusetts • 3

The Boston Globe Saturday, Junp, 16, 1973 1 A burial for family of tragedy CHARLES MAHONEY taxpayers' attorney Injunctions denied on Park Plaza I jar rfC 4 j. RELATIVES AND FRIENDS OF. O'LEARY FAMILY GATHER FOR BURIAL SERVICE IN ST. JOSEPH'S CEMETERY (Globe Photo by Charles Dixon) snils Move in response to 3 Injunction bars Girls Latin from taking over Fenway school By Viola Osgood Globe Staff Outside St. Ambrose Church in Dorchester yesterday six sleek Cadillac hearses stood waiting to carry seven members of the O'Leary family.

About 100 friends and neighbors stood in the hot morning sun along Adams street, which was closed off during the services, watching the procession. Inside the church, a white marble statue of the Virgin looked suppli-catingly upon the seven coffins, arranged in a before the altar. The children's caskets formed the top of the Michael, 8, in a white casket with a spray of pink roses on the left; then Colleen, 10, George 13, and Kathleen, 11, in light brown metallic caskets with sprays of yellow roses; and Michael's twin, Melinda, also in a white casket with pink roses. In the middle of the line of chil- dren was the casket of their mother, Thelma, draped in a white brocade pall with a spray of red roses. At the foot was their father's casket, draped in the American flag.

The crowd inside the church far outnumbered those gathered along the street. There were about 500 classmates, teachers, playmates and those who came because they felt touched by the tragedy of last weekend, when George T. O'Leary of 6T Clayton st. shot his wife and five of their six children, then killed himself with an overdose of drugs. Hours before the murder-suicide Mrs.

O'Leary sought a complaint against her husband in Dorchester District Court on a charge of assault and battery with a gun. Mrs. O'Leary also informed a policeman that her husband had beaten their oldest child, Theresa, 15, so badly that she had to be hospitalized. The seven bodies were discovered by Theresa when she returned last Sunday afternoon from the hos-, pital. 1 Yesterday, Theresa, the sole survivor of the tragedy, sat in a front pew during the services.

In a brief homily, Rev. Msgr. Henry J. O'Connell of St. Ambrose described the O'Learys as "a good and loving family," who lived with "stresses and burdens beyond our considerations." But "no responsible party was ever given the opportunity, to help" the O'Learys through their troubles.

Msgr. O'Connell, referring to Christ praying for his executioners when he was on the cross, prayed for George T. O'Leary: "Father, forgive him for he knows not what he did. "In cases of this nature, we can only leave the, understanding of these circumstances to God, because He is the only one who has the answer." Rev. Thomas F.

Motherway, curate of St. Ambrose, assisted in celebrating the Mass of Christian Burial. Most Rev. Lawrence J. Riley, bishop of Boston, also presided.

As he blessed the caskets, Bishop Riley said: "Human reason has no answer for this kind of tragedy." Then, the hearses bore the bodies to St. Joseph's Cemetery in West Roxbury. ff 1 i 1 14 GOV. FRANCIS W. SARGENT first signature Sargent signs pay raise bills worth $20m By Kenneth Globe Staff D.

Campbell most prominent statues were lifted out of the school by crane and put into storage. "Alma Mater and the Young Student" and two other statues were removed to a warehouse owned by Shaughnessy and Ahern where they will remain until the court cases are settled. 1 Asst. Atty. Gen.

Andrew Wolfe, counsel for the state board, obtained a copy of the injunction as soon as It was filed and made arrangements to have it served immediately on the School Committee. Boston schools are closing Tuesday, and officials were informed the Boston school authorities might soon begin transfers of personnel and equipment to the new tower building. Kaplan noted in his injunction order that while the ban specifically refers to assignment of personnel and transfers of furniture and equipment, it is not limited to those items. The injunction, the judge said, is directed to prohibiting the committee's "taking any action to implement their decision of April 23, 1973." Murphy column resumes next month Jeremiah V. Murphy is on vacation.

His column will resume next month. The state Board of Education charged that the committee obtained 65 percent state aid on construction of the new building on the committee's promise to make the tower available to English High. The board argued that use of the building by English High School, which is 30 percent nonwhite, is an essential part of the program to racially balance Boston's schools. City officials are fearful that if the -new building is not made available to English High, Boston may lose or have to repay the stale aid. Kaplan ordered that all three pending cases be made ready for an trial.

He, is scheduled to meet with lawyers in the cases this Tues- day. Meanwhile, English High School has begun moving out of its present home, the former High School of Commerce, which has been condemned and is scheduled for demo-'lition next month. Furniture, books, files and equipment will be put into storage until the Supreme Judicial Court decides which school will move into the tower in September. Yesterday, several of English's By Joseph Harvey Globe Staff Opponents of the twice-rejected $260 million Park Plaza project yesterday failed in Suffolk Superior Court to obtain injunctions blocking a hearing scheduled for June 22 by the Massachusetts Department of Community Affairs on the renewal plan. Charles F.

Mahoney, attorney for taxpayers and property owners who brought suits against DCA Comr. Lewis S. W. Crampton, is expected on Tuesday to seek a Supreme Judicial Court order to halt the hearing. The suits charge the renewal plan is illegal and that the DCA has no authority to hold a hearing until the plan is approved by Boston City Council and Mayor Kevin H.

White. The plan, being offered for the third time by the Boston Redevelopment Authority, is unchanged from the plan rejected on June 9, 1972, and on Feb. 23, 1973, by the then DC A commissioner, Miles Mahoney. Mahoney, who resigned after his 1973 decision, was among the taxpayers who signed the court petition requesting the injunction yesterday. Crampton was appointed by Gov.

Francis W. Sargent to succeed Mahoney. At the hearing yesterday before Judge James L. Vallely, Charles Mahoney charged that Sargent named Crampton to the office for the purpose of obtaining DCA approval of the Park. Plaza project.

Mahoney said the holding of the hearing when the outcome already is. virtually assured "will add to the profound cynicism of the people who mow see how government is being corrupted at the national level." Danielle deBenedictus, assistant attorney general, argued to Vallely that the renewal law does not require another approval by the Boston City Council. She said the law also does not limit the number of times the BRA can resubmit the plan. The court should not presume that Crampton will not hold a proper hearing or make a legal decision, she said. The plan proposes demolition and rebuilding, including luxury apartments, hotel and offices, in the area bounded by Boylston, Tremont, Stuart and Arlington streets.

City Coun-' cil sought to have the area extended to include the Washington and Essex streets' so-called "Combat Zone." The plan does not include this area, Mahoney said. Mahoney said the plan fails to meet the requirements of urban renewal law. Lewis Weinstein, attorney for Boston Urban Associates, private developer which has the BRA contract for the project, also appeared in court to oypose any delay in the DCA hearing. Sharon man found guilty of car bombing A 16-member Middlesex Superior Court jury returned a guilty verdict last night against Francis P. Salemme of Sharon, who had been charged with dynamite bombing the car' of former Everett attorney John E.

Fitzgerald on Jan. 30, 1968. Salemme, 40, was found guilty on two indictments charging hirh with armed assault with attempt to murder and assault and battery by means of a dangerous weapon. Fitzgerald lost a leg in the explosion the afternoon of the 30th, and has been living at an undisclosed address since the incident. Judge Roger J.

Donahue set Tuesday morning for sentencing Cause of death The associate medical examiner for Suffolk County yesterday testified in the murder trial of George W. Mahnke, a Northeastern engineering student, that Rhonda Born-stein, a UMass-Bostcn sophomore, By Joseph M. Harvey Globe Staff The Boston School Committee yesterday was barred by a Supreme Judicial Court injunction from turning over the new $25 million tower building in the Fenway to Girls Latin SchooL The injunction was issued by Justice Benjamin Kaplan in connection with three suits brought by the state Board of Education, the city of Boston and a group of English High School parents seeking to compel the committee to assign the building to English High. The injunction will remain in effect until the Supreme Court rules on the three pending cases for which pretrial hearings begin Tuesday. Kaplan directed the School Committee not to take any action toward assigning teachers, students staff or moving furniture to the new building from the present Girls Latin School in Codman square.

The injunction prohibits the committee from "taking any action" to implement the committee's vote of April 23. At that time the panel voted that the "new building be used as Latin School." ATTY. JOHN FITZGERALD injured in 1968 Salemme was arrested by the FBI in December of last year in New York in connection with the 1967 gangland slaying of William R. Bennett of Police said Bennett's bullet-riddled body was thrown from a car onto a snowbank on Harvard street in Dorchester. murder trial Albany railroad tracks in the Back Bay.

Mahnke, 22, of Allston, is accused of killing Miss Bornstein, the only daughter of Manuel and Mildred Bornstein of Newton Center, on Sept. 15, 1970. ABCC rules Boston ban on nude dancers invalid Gov. Francis W. Sargent yesterday signed into law the $19 million cost-of-living pay raise for 60,000 state employees and the $1.2 million pay raise for judges and court clerks.

The occasion marked the first time in Sargent's 4 V2 years as governor that his signature has been on a pay raise granted to slate employees. He has vetoed the bills before but the Legislature overrode them and enacted the bills into law without his signature. Sargent's press secretary, Tom Reardon, said that this year the money was in the budget for the cost-of-living increase. The cost-of-living raise for the 60,000 state employees is 3.3 percent. The judges' pay raise is 10 percent, plus 3.3 percent for cost of living.

The bill also makes the judges and court clerks part of the plan' that requires a cost-of-living pay raise bill to be filed each year. There is, however, no guarantee that such 1 a bill will become law. Sargent noted that the judges had not had a pay raise for nearly four years, and "ironically, many of these people have already made substantial personal sacrifice to serve our commonwealth." Sargent said he deeply regretted the Legislature's failure to delete as Sargent recommended the court clerks from the bill. The clerks, in'' recent years, have had their salaries'! tied to the judges', at 70 or 75 percent -of what the judges make. Speaking of the clerks' pay hikes, Sargent said: "While I cannot agree that these increases are justified, have signed the measure because its major elements are needed." Sargent also returned to the Leg-! islature a bill allowing sales of liquor an hour earlier on Sundays, Christ-; mas and Memorial Day.

Sargent asked that any change be contingent upon local approval of the bill, which would allow Sunday liquor -sales at 11 a.m. instead of noon. The bill also would allow bars to stay open- until 2 a.m. instead of 1 a.m. on Christmas and Memorial Day.

-1 Comr. A. Ernest Zangrilli, noted that the ABCC has made no regulations similar to those of the Boston board "due to our grave concern that even our grant of power was not sufficient to justify so sweeping a code of performance." The ABCC said it probably could make rules and regulations similar to the California ones upheld last year by the US Supreme Court and adopted word-for-word by the Boston Licensing Board but said it found nothing in state law giving such authority to local boards. The Supreme Court decision in the California LaRue case said that the constitutional amendment that repealed Prohibition gave the states the right to regulate liquor sales and use. Asst.

Boston Corporation Counsel John Fiske, who represented the Licensing Board, called the ABCC ruling "utterly frustrating." He said the regulations had to be con-. sidered as "reasonable requirements" and thus something that local boards are permitted to make. In the ABCC decision, Lapon quoted a passage from W. H. Auden "Man is changed by his living: but not fast enough.

in commenting on the LaRue case. Lapon termed the case "a problem of yesterday" which the Boston Licensing Board "has chosen to react to today." By Michael Kenney Globe Staff The Massachusetts Alcoholic Beverages Control Commission, in a poetry-quoting decision, yesterday said Boston's regulations barring nude dancing are invalid. The ABCC also said a three-day suspension given the Two O'clock Lounge in a test case by the Boston Licensing Board was illegal and cannot be imposed The Boston Licensing Board, the ABCC ruled, does not have the authority to adopt regulations banning nude dancing, obscene films or topless waitresses in the city's bars and lounges. Licensing Board chairman Charles Byrne yesterday said the board probably will contest the ABCC ruling in court. He said th city's nightclubs would be bound by the regulations until notified otherwise by the Licensing Board and a spokesman for the Two O'clock Lounge agreed that would be the case.

State law, the ABCC said in its decision, permits local licensing boards merely to make "reasonable requirements" and reserves broad regulatory powers to the ABCC itself. The decision, written by Comr. Stanley R. Lapon and also signed by Chairman Harold Turner and FRANCIS P. SALEMME held without bail after Salemme's attorney, Boston counsel F.

Lee Bailey, said he was not prepared to argue on sentencing last night. The week -long trial was prosecuted by Asst. Dist. Atty. Kevin Mulvey.

The defendant was taken after sentencing to Billerica House of Detention "where he will be held without bail. given in Mahnke died from a blow to the head that caused a fractured skull. Dr. George G. Katsas said he had conducted an autopsy on the body of the 19-year-old woman, discovered Dec.

10, 1971, buried in a shallow grave near the Boston and.