The sun. [volume] (New York [N.Y.]) 1916-1920, 1918-06-21
jERR 0'LEARY
ASSAILSLY0NS
TOAD BROTHER
Contmdicts Story of Trip
West and Tries to Free
John of Blame.
PERSECUTION IS CHARGED
Says Henry A. Wise Feared to
Defend Him Because Of Gov
ernment Officials.

jeremiah 4. O'Leary. recent fugitive
rom Justice, but now in the Tombs,
proved strong witness yesterday for
Lis brother. John ]. O'Leary. who ia on
trial before Judge A. ". Hand and a
.nry in the United States District Court
charged with aiding jeremiah TO hee
prosecution on indictments for espionage
I'D treason.
Complete master Of himself appar.
entity, and as cuttingly keen in his an
swers as the prosecutor who auizzed
him. the Sim Fein agitator and alleged
'amiiiar Of German secret agents stood
shaken and aggressive for a full hour
Under d searching cross-examnation
after building a defence for his brother
.Tohn that seemed to cover every point
II vulnerability from Government at
',ck.
Questions o: the prosecutor. Earl Il.
Barnes. Assistant United States Attor-
ney. indicated that the Government
might spring dynamite under the defence
to-day: notably. persistent questioning
as to just whom jeremiah had talked
with in the Tombs. but the witness's
story up the moment Of adjournment had
not been shaken In ono detail. The ef-
tsct. raising as 1t did . direct issue OF
fact between the Governments principal
witness and tho star witness for the de-
fence, was little short Of bewildering.
Contends O'Leary Bought Tickets.
Arthur J. Lyons. Government witness
and . supposedly reluctant one. had told
story OF pre-fight activit!ea which alb
solved John O'Leary from all blame save
IN one vital point-purchase OF the tick-
cts to st. Louis on which Lyons and
jeremiah OI1eary began their journey
westward. On that point he was pos
tive: John OLeary had bought the
,ickets.
jeremiah O'Leary not only contra
dicted that point natly. but asserted
further that Lyons himself had bought
me tickets and that Lyons had pre-
yailed on him to 60 to Reno over Johns
1.lstence that he spend at least two
weeks in the Adrondacks. as directed
ny the physician who had operated on
rim for appendicitis. His story. told In
srsat detail. differed. too. from that told
vy Lyons in many minor points.
Lyons had said jeremiah intended TO
spend what remained Of the night OF
May 6-after the automobile ride and
conferences-at his Nyonss) home In
East Nineteenth street. Brooklyn. and
,aa. John O'Lsary had gone to the
rennsylvania Station with them on the
LAY Of the flight MAY y and had bade
jeremiah good-by while the three sat In
he automobile that had seen such hard
s.rvice The night before.
jeremiah testified he had never in
ended to 20 to Lyons's home. and told In
c.rcumstantial detail how they dropped
John next morning before they reached
the barber shop in which jeremiah was
shaved while the tickets were being pur-
chased; how they returned the car
Johns car. by the way-before starting
for the Pennsylvania Station. and how
III Jeremiahs version 10 true-no auto
mobile figured from that moment.
Jeremiah Goes Into Details.
Jeremiah's story. told In even greater
detail than Lyons's, was particularly in
'e'es'!ng from the moment that Father
Patrick O'Donnell was let out OF the
automobile at Ninety-siXth street and
Fifth avenue, to the moment the train
nat was to take him and Lyons across
ne continent to Sara, Wash. pulled out
o' the Pennsylvania Station at 10:O4 A.
NJ May :. 1t was after the priest was
let that the startling contradictions crop
out in the two conflicting stories.
Tho witness then described the night
at John O'Leary'%how he was unable
10 sleep. smoked \ cigar and some
Cigarettes and finally got up lighted q
Nsht and looked tor something to read.
John came In a few minutes later and
asked him what was the matter
Il don't know whether 1t was the
bed. the late hour. the coffee had drunk
or whst-I couldn't sleep" Jeremiah
continued. John came In again about
SIS o'clock and asked II there was any.
thing he could do for me. He asked me
II ! wanted glass OF hot milk ana 1
tod him NO. Then he urged me to
Try to get some sleep and left me.
II went back to bed for about hfteen
minutes. then got up and went down
.airs. John came down and I told him
had an appointment with Lyons at
sa0. He said no would take us over
IN his car and went upstairs to finish
dressing.
y wandered back to the kitchen. saw
an old suit case and an old suit OF
clothes apparently awaiting the ashcar
and decided to appropriate them. II oc.
srred TO me the clothes would be good
'or roughing IT,
This version Of the suit case and the
clothes was another point on which
jeremiah and Lyons are at variance
Lyons said he had gone TO Johr
oLeary's house and had seen John
give Jerry the suit and suit case. Con-
'inuing. jeremiah told how Lyons wal
picked up and the trip 20 Manhattan
C0atlaNeh ar Thls,6 PH0e