The sun., 1918-07-01
BARNES READY FOR
NEW O'LEARY TRIAL
Prosecutor in Doubt About
Calling Maid Employed by
Fugitive's Brother.
EXAMINE JURORS TO-DAY
Old Indictment Against An
derson, Which Caused Mis-
trial, Is Quashed.

John J. o'Leary wfn b placed on trial
for the second time before Judge Angus
tus N. Hand IN the United States Dis
trict Court this morning on tho charge
of conspiring to obstruct Justice by aid
Ing In the escape Of his brother. Jere-
miah A. O'Leary. Tho frst prosecution
Of the case ended in mistrial last Mon
day upon the discovery that one of the
Jurors. Isaac Anderson. was under Fed
eral Indictment in an old bankruptcy
fraud case.
The trial had been in progress a week
and q half and had advanced far into
tho defence when the mistrial was de-
clared. jeremiah O'Leary had taken the
stand to exculpate his brother of having
helped him reach the chicken farm at
Sara. Wash. where Jeremiah was found
by the pursuing secret service men. Jere-
miah will be the defence's star witness
at the new trial.
Much of the interest in the now pro-
ceeding centres around two prospective
witnesses who may or may not be called
to the stand by Earl B. Barnes. Assist
ant United States Attorney. One OF
these possible witnesses is q maid for
household and now informed as an en-
envy alien. The other is Henry A. Wise.
formerly United States Attorney. who,
according to a letter introduced by the
defence at the first trial, withdrew as
counsel to Jeremiah O'Leary because he
feared that II he continued to act in
that capacity he might incur the dis
pleasure OF Federal officials and spoil
his chances Of getting commission in
the army.
Insists Maid Is Austrian.
Mr.. Barnes has not decided whether
the testimony of the maid will be of suf
ficient value to the prosecution to Justify
calling her to the stand. The O'Learys
asserted the maid was a Russian and
that she was being unjustly held incom-
municado. The prosecutor insisted.
however. that she was an Austrian and
that her inimical attitude toward the
Government agents had precipitated her
internment.
Mr.. Barnes had intended to use the
girl in attacking testimony that might
be given by John OLeary in his own
behalf. The testimony Of jeremiah
O'Leary at the first trial. however. min
imized the value Of her testimony TO the
prosecution.
Whether Mr.. Wise takes the stand
will depend entirely on the course pur-
sued by the defence with regard to his
alleged letter to jeremiah O'Leary in
which the former Government prosecu-
tor expressed the fear that he might be
handed the same dose that Gen. Wood
got II he continued to represent O'Leary.
II the defence reintroduces this letter the
prosecution will call Mr.. Wise to the
stand in rebuttal to give him an oppor-
tunity to make explanations.
John O'Leary Out ON Bail.
AT the abortive ending of the first
trial John O'Leary's bail was reduced
from 100000 to $4,000 and the sum
was furnished in cash by his wife. Since
his release from Jail he has been resting
at the home of his brother. Daniel
OLesry. in Newburgh.
Jeremiah O'Leary, ex-editor Of Bull
intimate of German propagandists and
the star witness for the defence. is still
in the Tombs awaiting the opening of
his own trial for treason and espionage
The indictment against Isaac Ander-
son. the juror whose status was respon-
sible for the miscarriage of the first trial
Of John O'Leary. was quashed in the
United States Court Saturday on the
motion Of the Federal prosecutor. The
bill charging bankruptcy fraud had been
standing against Anderson since Feb
ruary "a, 1914.
At the trial OF tho bankruptcy case
Anderson was a Government witness
against his codefendants and 1t was
thought the charge against him had been
nolle pressed. Through a mistake. how
ever. the indictment was pigeonholed
and forgotten until II was recalled by
Anderson's presence in the O'Ieary Jury