New-York tribune., 1918-06-20
Eight to Finish"
Cou11sel's Def i'm
John O'Leary Case

CalnnR the de1enQlnG attorney TO the
, witness stand, had created sensation
at the morning session of the trial Of
, John ]. O'Leary yesterday, the defence
came back disdaining to ask for any
quarter.
"If nothing were involved but the
guilt or innocence of the defendant in
this case, should ask for an acquittal
right now," declared Colonel Thomas
B. Fielder in opening for the man on
trial before Judge Augustus N. Hand
in the United States District Court
! here, charged with having aided in the
! fight of his brother, jeremiah O'Leary.
But this case" went on the defend
ing attorney, pointedly, "involves some
thing more than the question of a two
year term in tho Federal penitentiary
for my defendant, and SO. instead of
filing demurrer on the ground Of in
sufficient evidence or demanding the
acquittal l have right to demand. l
am going to go straight ahead and call
witnesses to disprovc the governments
/ charges"
Puts Onus on Lyons
In closing his address to the jury
Colonel Fielder gave very broad hint
as to where the defence may strive to
place the responsibility for having
abetted Jeremjah's leave-taking, when
he shouted:
"If any man is guilty in this case it
is Arthur Lyons!" (the government
witness of the day before, who accom-
panied jeremiah on his hasty trip
West).
~ expect to show" he announced.
"that if jeremiah had contemplated 60
ing outside Of this state, there is the
one man on Gods earth that he didn't
take into his confidence" and he point
ed dramatically to the defendant.
SO tar as as opening address was
| loyalty and the extent of the indignity
he felt he had suffered in being put
on the stand upon which Colonel Fell
| der appeared to dwell most feelingly.
"Although I've been lawyer for
thirty-fve years." he cried. II have
never seen q case in which a man, be-
cause he defended a client, was pre-
sumed to approve of the deeds of that
defendant. Neither in that time," he
added, "have l ever seen case where
the defending attorney was made to
go on the witness stand"
Colonel Fielder protested violently
and long. but was overruled by the
court.
: The demand for HIS testimony came
after the government had called Den
i mis- Penero, Vesey Street barber,
who identified photograph of Jere-
miah O'Leary as the likeness of man
whom he shaved early on the morning
Of May Z, and several minor witnesses
who testified as to the movements of
the defendant.
! Colonel Fielder wrangled testify with
the prosecuting attorney throughout
his stay on the stand.
Denies He Knew of Flight
"Dd yoa have any idea Of Jere-
miah's whereabouts until it dawned
upon you that he had absconded?" Col
onel FEEDER was asked.
II did not" he replied. ~ was told
by John that he was recuperating in
the Adirondacks. I never heard OF
the Reno divorce case that was sup
posed to be the cause of Jeremiah's
trip West"
Colonel Fielder waived the privilege
of cross-examinirg himself, and an ad-
tournment was taken to permit him to
consult with his client.
When court reconvcned at 2:45 D. m
the counsel for the defence declared
the only thing against his client, whom
be styled man of unsullied reputa-
ton" was the fact that "his name is
O'Leary." He protested against the
% s..s in .nt o .....e. .e-
torica and other alleged German agents
AS his first witness, Colonel Fielder
called DR.. Frank P. Jennings, the sur
geon who operated on Jeremiah OLeary
for appendicitis early in April. DR.
Jennings testified that he had advised
the present defendant, John, to get his
brother into the country to recuperats
for the ordeal before him" He was
the witness said, pretty mad" wher
John informed him that the patien
was still in the city, and he repeated
according to his testimony, tha
jeremiah must be sent away for
time.
Among the character witnesse.
yesterday in John OLeary's behal
were the. Rev. Father Timothy Hickey
pastor of the accused man; Samue
kahan. his ncxt-door neighoor; Charlie,
A. Boston, Of the law firm of Horn
blower, Miller, Garrison & Potter
Leslie A: Tompkins. professor of Law
ut New York University; Colonel Rob
ert 6. Monroe. Commissioner Of Water
Supply, Gas and Electricity under Mayo
Low; Miss Lillian Murphy, a pu bile schoo
teacher, and Robert S. Hoibrook. q one
time business associate. The final wit