The sun. [volume] (New York [N.Y.]) 1916-1920, 1918-07-20
JURY DEADLOCKED
IN 0'LEARY'S TRIAL
Judge Hand Charges Relation
ship Of Brothers Is Not to
Be Considered.
FIELDER AsSAILS LYONS
jeremiah 0'Leary Pleads Not
Guilty to Two Superseding
Indictments.


formed Judge Augustus n. Hand at 10
o'clock last night ttat 1t was hope
lessly deadlocked. Judge Hand sent the
Jury back for further discussion. He
told the Jurors that they should 90 over
the evidence in the case step by step
again and endeavor to reach an agree
ment. .'
The Jury retired at 8 10 o'clock In the
afternoon and took a recess Of an -FOUR
for dinner. Six hours IL comparatively
| a brief period for n jury in the Federal
District Court to consider case. The
| fact that the Jurors became convinced
| in that time that they would be unable
to agree was accepted as indicating that
tire differences OF opinion as to whether
John OLeary aided his brother. Jere-
miah, in a conspiracy to obstruct justice
| was so pronounced that an eventual
| agreement 10 unlikely.
After Earl B, Barnes, Assistant United
| States Attorney. and Thomas b. Fielder.
4 counsel for O'Leary. closed their cases
| yesterday Judge Hand charged the jury
| tratA the fact that the defendant was
| accused of aiding a brother should not
| be allowed to influence the verdict. 1t
| would make a Laughing stock OF all
Justice X man who was guilty OF
| aiding another TO become fugitive
| from Justice should be permitted to go
| free for any reason, declared the court.
| Hits Family Feeling Current.
This instruction Of the court hit at
a feeling that has been current through
out the trial and was even more notice
able at the preceding mistrial. One OF
the issues raised by Mr.. Fielder in a
motion to dismiss the case was that Il
was not corrupt for one brother to help
| another under the circumstances.
| At 10:45 o'clock the jury asked for
the record Of the testimony of the Rev.
Patrick J. O'Donnell and a copy OF the
Indictment. Father O'Donnell. rector OF
the Church OF st. Francis de Sales. in
East Ninety-sixth street. gave testi-
mony In absolute contradiction to that
of Arthur Lyons the Government wit
ness, who declared that jeremiah
O'Leary was In a highly nervous condi-
ton on the night before he fed from
| New York.
The indictment was attacked fire.
quently during the trial on the ground
| that one OF the two overt acts II alleged,
the giving OF a power of attorney by
jeremiah to John. occurred at time
when the alleged conspiracy to obstruct
| justice had not come into existence on
the testimony Of the Governments own
witnesses. Judge Hand charged that the
matter was one OF fact to be decided by
the jury.
At ll:45 o'clock the Jurors were taken
| to an uptown hotel by deputy marshais
! to spend the night. They will resume
their deliberations at 9 o'clock this
morning.
Much "Bull" Evidence Ruled Ont.
Judge Hand instructed the jury to
disregard the mass OF testimony relating
to Johns association with Jeremiah in
Bun and other political activities ex-
cept as 1t tended to indicate a state OF
mind that might have led the defendant
to assist his brother in the alleged con-
spisacy to ohetruct Justice.
The court charged that testimony re.
lating to Jeremiah's association with
Karl Rodriger and Nine. Marie de Vic
torica. alleged Geman spies, should be
considered only as providing a posi-.
Bile motive for the alleged conspiracy to
obstruct Justice. The two Germans
| were arrested week before jeremiah
fed and were indicted with him while
he was in the West on charges OF con-
spring to commit treason
The court declared that he permitte ed
| both sides great latitude In the presenta.
ton OF their cases because he felt thai
this was wise in case which had ex.
cited a large measure OF public interest
In summing UP for the defence Mr.
Fielder attacked Arthur Lyons, forme,
employee Of jeremiah. who accompanied
him to the West and returned to bt
arrested and become the principal wit
ness for the Government. Lyons testi
fed that John was active in aiding Jere
miah to leave New York. Mr. Fielder
| haf had ~
freedom OF his wife. who was a Grand
Jury witness. and himself at the expense
of his Honor.
Lyons was not a party to the Mar.
tine campaign" said Mr.. Fielder. He
was not the president OF the Irish bazaar
nor prominent lawyer II would graf.
ify no one to have convicted him, so he
was given immunity because the prose.
cutlon was out after bigger game"
Mr.. Fielder charged that John hat
been prosecuted because his name wa:
O'Leary. He asserted that the Govern.
ment had attempted TO inject false issuei
into the case.
Refers to Nine. Victorica.
You heard many references to Nine
Nictorica." said the lawyer. DAY after
day that blond German woman was
paraded into court and the suppos,tior
|
stand. Then we heard that she was in
the hospital with measles or cholera oil
what not. What we do know is thai
she was not placed OH the stand"
In summing up for the Government
Mr.. Barnes declared that while Ameri
can soldiers are fighting in France II
is necessary for Americans at home tc
guard against enemies at the rear. II,
added that he would leave oratory tC
Mr
alyzing the evidence. He said that tn,
Governments case had the story o
Lyons as its foundation, and n the
jurors believed Johns story that h,
left his brother more than three hour,
before the departure OF the train tina
took jeremiah and Lyons to ste Ioui.
on May the verdict should be one o.
acquittal.
Mr. Barnes declared that in the even
OF disagreement he would not plac,
Jshn on trial again. The trial begai
June s. II was preceded by mis-
trial, caused by the discovery that
Juror was under indictment in anothe
case.
i. Jeremiah O'Leary pleaded not guilt!
yesterday to two superseding indict
ments. One OF these superseded IN
original Buu indictment charging hin
and others with conspiring to violate
section OF the espionage law. This su
perseding indictment was handed up o,
May 7. the day Jeremiah left New
York. The codefendants. Luther S
Bedford and Adolph Stern. pleaded no
guilty to It.
The other supcrseding indIctmen
accused Jeremiah and John OLear,
and Arthur Lyons of cOnspiring to oh
struct Justice. This is the indictmen
on which John has been on trial.
|