New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1916-06-28
Treason Outside Realm
Cannot Be Punished
Within, Is Contention.
JUDGES ARGUE
WITH COUNSEL
Presentation of Case for De.
fence Still Unfinished-De.
PENDANT Less Jaunty.
lRy Cable % III. Tribune.

London, June PA day and half
has sufFieed 70 complete the case for
the Grown against Sir Roger Easement.
Whether he will pay the extreme PEN
atty for high treason depends upon the
skill Of his American counsel and the
jury.
That the defence intends TO take ad-
vantage of every technicality was
shown when Alexander Sullivan, chief
counsel for Sir Roger, moved to quash
the indictment on the ground that, un-
der the statute, treason committed
without the realm was not punishable
within" The presentation Of q point
so technical and so unprecedented by
some of the greatest constitutional
LAWYERS in Great Britain was neces-
sarily undressing to laymen. Hence
the trial, so far as attendance was
concerned, Jagged behind an ordinary
divorce case.
Even Sir Roger Easement, clad In
light gray double-breasted suit. and
looking less jaunty than yesterday
paid little attention to the proceed
ings and spent much time gazing at
the ceiling. Once, before the state
had rested, when witness referred to
Sir Rogers father and mother tears
came into his eyes. He paid little at
tention to the three policemen sur
rounding him in the dock.
Witnesses Cross Examined.
Apart from the constitutional argu-
ment presented by Mr. Sullivan and
Professor Morgan, in which the three
justices engaged repeatedly, little de-
veloped at the trial which was not
covered at the preliminary hearing
several weeks ago. The same witnesses
were heard again for the Crown, and
they told of meeting Sir Roger on the
beach after his landing on the Irish
coast from German submarine, Of the
finding of the boat in which the de-
d
and Of the arms and maps brought
with the expedition.
In ross-examination Mr. Sullivan
succeeded in detracting somewhat from
the significance with which the Crown
sought TO surround these incidents.
| The rebel flag, he brought out, was the
same as that of the city of Limerick,
while witnesses also admitted that
e d. L.. -, L. h,
gathering of arms were due TO fear OF
CONSUMPTION. rather than a desire to
aid the Germans.
Surprise Probably Preparing.
How many witnesses the defence will
call it is impossible TO say. II has
been intimated, however, that some
thing of a surprise may be sprung.
When the court adjourned Sir Roger
counsel had not completed his argu-
ment, which will be continued to-mor-
row.
Although the Lord Chief Justice of
England is presiding over the trial
and the prosecution is being conducted
by the highest law officers of the
Crown, it might seem to outsiders an
ordinary society divorce case for all
the popular excitement IL arouseS ana
from the type of audience it at
tracts. The principal reason offered
for this lack Of interest is that the at
tention of the country is focused upon
the Continent, where what possibly
may prove the decisive phase of the
great war is at a crucial stage on both
the eastern and western fronts.
The spectators Of the trial. besides
members of the bar, consist mostly of
retired theatrical stars and men about
town who have no useful task to do
elsewhere. The atmosphere Of the
courtroom Is not that OF trial for
life, and the chief justice was COM
PEELED yesterday to insist that there
be no laughter in court. The laugh
ter was evoked by the rich brogue and
smart repartee Of the Irish soldier wit
nesses.