New-York tribune., 1918-06-15

that Jerry was still in such bad physi-
cal condition that it would not be safe
for him to 60 to trial.
"It will show to you where Jerry took
dinner that night with the family, and
went to the home of Father O'Donnell,
to his priest, and made his confession.
"That John O'Leary and Arthur
and picked up Jerry and Father O'Don-
nell in front of Father O'Donnell's
house after the confession, and took
them up to Jerry's home in Jumel Ter
race, where his wife was living, and
that Jerry there conferred with his
wife for while.
at will show you that after that
Jerry, Lyons, John OLeary and Father
O'Donnell drove down in the automo-
bile to Ninety-sixth Street and Central
Park, on the eastern parkway, and there
Father O'Donnell got out and went to
his home.
"Now, that brings Jerry, John and
Arthur Lyons together at about 10
o'clock in the night, Monday, May g..
They drove on together.
Obtains Old Suit
"Then they went over, early in the
morning, to John O'Leary's house, still
in this automobile. John gets up and
leaves Jerry OLeary and Arthur Lyons
in the car together, and Jerry at that
time tells Arthur he has nothing to do
but run away, to get away and keep
away. And Lyons tries to pacify him;
he was mad man, almost.
"And then Lyons drove back with the
automobile and they go into Johns
house and had, all over again, the dis
cussion. John finally gave Jerry an old
suit Of clothes-Jerry wanted to look
like a bum-John had an old suit of
clothes which would not fit him; Jerry
is much taller man. John gave that
old suit of clothes and gave bag to
Lyons. He went from Johns house to
his house, awakened his wife again,
got his own dress suit case, packed it
and told her to tell, if anybody asked
that he had gone to Reno in a divorce
case. He would write to her in care Of
her brother, Maurice, and was expected
back any time.
"And then Lyons goes back to Johns
house; Jerry is still there, and the
three of them get in the automobile
and they come over here, near to the
Hudson Terminal. Jerry gets out and
gets shaved-we will introduce the bar
Der who shaved him-and John gets
money from Jerry, 500 bill, goes
over to the Hudson Terminal, to the
ticket office, and buys two tickets to ST.
Louis. We will introduce the ticket
man who sold the two tickets.
"And. then Jerry was under the idea
there was a o'clock train. He found
there was no through train at o'clock;
the first train was 10 o'clock. They
then drove up in the automobile, Jerry
complaining he needed new pair OF
glasses. They searched for an oculist,
u hn 1y~
where on Sixth Avenue. They could
not find anything open, and they go up
to restaurant and the three men sat
down there and had breakfast; and,
after that, they go to this occulist;
Jerry goes in, has his glasses fitted
we will produce the occulist who re-
members him. that he fitted the glasses
and sold them to him for the sum of
$3.50.
Took 10 O'clock Train
"We will prove to you that Lyons
and Jerry took the 10 o'clock train and
that John returned home in the car.
"On the next day John, although he
knew Jerry had gone to St. Louis on
+ the 7th, the day before, sends a tele-
gram to Jerry, addressed to him at
Glens Falls. New York.
"On the 9th of Mayor prior to the
Stn OF MAy-on Lne ON VI may, ooA''
becomes interested in Jerryfs bank ac-
count at the Equitable Trust Company
and telephones up to the stenographer
to find out how much money is left in
that account. He had already put
through a check for $500; he wants to
| get everything. And, with respect to
I the balance, $3.50, the balance there
after deducting the $500 check-I think
$3.50 is left-he then draws check or
fills out blank check which Jerry had
left with him, for $350-the balance
left is 1910. so that there would be
only $50 left in Jerry's bank account
He puts that money in his own bank
account in his own name.
"On Wednesday, the 18th day o.
May, Mrs. Lyons, who had been lef
behind, not having heard from hel
husband, gets anxious and goes to see
John OLeary. John is not home, ane
she leaves word that she had called
The next morning he goes to see Mrs
Lyons, and Mrs. Lyons at that TIM
asks where her husband and Jerry are
"On the 18th day of May a lette
from Arthur Lyons is received by Mrs
Lyons's brother, Maurice O'Brien.
"On that same day John O'Lear,
talks with Colonel Fielder, his presen
counsel, not at that time his lawyer
because at that time he had not beer
arrested.
"You remember, we are now on tn,
18th of May. Jerry's trial was on tn,
goth. Colonel Fielder was going to de
fend him. John O'Leary and DAILY wer,
in charge of that case. Daily was tn
attorney for this co-defendent Ster1
and John o'Leary was representa-,
Jerry--and John OLeary at that tim
tells Colonel Fielder that he fears hi
brother has met with foul play; tina
he had gone off in the woods.
Says Fielder Was Not Informed
ain other words, it seems that thi
member of the bar had not been takel
into his confidence, and he tells hin
nothing at all about the circumstance
under which he had left his brothe
u Jerry and the circumstances Of thei
parting.
"This was on Friday, May II, thre
days before Jerry's case was comm
on for trial, on May 20. On May
: Jerry's case was moved for trial an
he did not appear.
!, "John OLeary was in court, standin
there in court, and he permitted Colo
mel Fielder, without contradiction b
him--I am not impugning Colonel Eel
der's honesty in the transaction at al
he permitted Colonel Fielder to as
sure the court that Jerry had gone OF
on little fishing expedition. Ee coul
} not understand why he had not com
; back, and they hoped he would be bac
. by the 25th or 26th; that possibl
Jerry had the idea the case was to b
tried on the 26th. John OIearv stoo