New-York tribune., 1918-07-20
Disagreement, Announc.a
at 10:10 P. M, Is Sur.
prise to Defendant
Accused Believed
He Would Be Freed
Judge Hand Makes PIE.
for Verdict, Empha.iz.
ing Delay of Trial

0n 'he criminal charge of having con-
spired to obstruct justice through .h..
ting the fight of his brother, Jerem;s,
still swings in the balance
At 3:12 yesterday afternoon. tho .r
ming up on both sides and the cbo,..
OF the court were completed and -.
case was given the jurors. At ,a,a
last night the twelve men filed ;nto ~.
courtroom to announce they were IN.
able to reach decision.
Judge Augustus N. Hand, who il NJ.
siding in the case, reminded the ;uro.,
of the great length of time consumed
by this action, owing to the declaraHo,
OF a mistrial in the original proceed.
ings, sent them back to the jury roou
with plea that they reach decision
At 11:4o, however, they sent in word
that they were still unable to agree
and were transported in the CUSTODY of
United States Marshal Mccarthy up to
the Hotel Knickerbocker for the night
They will reassemble at the Federal
Building to continue their deliberations
at $3.50 this morning.
In case the jury has to be finally dis.
missed without rendering a decision,
United StYes Attorney Earl B. Barnes.
who has the prosecution in charge
stated last night tAat no further at
tempt will be made to bring this de.
fendant to trial
Few Spectators Pemain
Twenty or twenty-five persons, most.
ly from local Irish societies. fingered
in the courtroom, hopeful that YER
dict might be returned. The failure of
the jurors to arrive at an early de-.
cision came as a distinct disappoint.
ment to the defence. When the men
who hold his fate in their hands frs.
retired John O'Leary made no secre.
of his expectation of verdict Of ae-
quittal within an hour or two.
There isn't scrap of evidence on
which they can possibly convict me-
he declared. "The governments own
witness only real witness it had
failed in any way to implicatc me in
the crime with which am charged"
1t was on this same contention that
Colonel Thomas B. Fielder, counsel for
the accused man, threw the weight Of
emphasis in summing up the defences
side of the case. The fact that John
O'Leary was brought to the bar OF JUS
tice at all in connection with the ex-
piolts OF ms spectacular brother was
the colonel added, little short of per-
secution.
"The only thing against this defend
passioned address to the jury, "is that
his name is OLeary.'
Bitterly attacking the tactics en-
ployed by the government since the in
ception of the case, he said:
There are two kinds of lynching.
One is the kind that employs mob and
the limb of tree. The other is the
KIND that has recourse to court of JUS
tlce. Of the two | think that prefer
the limb of the tree brand"
Spies Evidence Jeered
/, Jeering at the prosecutions intro
ouction of evidence bearing on Nine.
Victorica and other alleged German
agents, the defending attorney pointed
out that no connection between John
OLeary and these people had been even
clrcumstantialiy established.
arthur Lyons was granted immu'
nifty" he wound up. passionately,
Jeremiah was put in Jail, and then
John was put on trial here With the
threat of an action for perjury against
his wife held over his head, as it
was, | DO not greatly blame Arthur
Lyons for telling the story he did for
the government in this courtroom; but
the guilty man in this case, if there Is
any, is Arthur Lyons
The tension which has existed
throughout this case between the two
attorneys was vividly recalled as As
slstant United States Attorney Earl b
Barnes rose to reply to Colonel Eel
der. He traced, point by point, the
events that have been so volumineus,
ly set forth in the course of this trial
the drawing of a power of attorney
IN John O'Leary's favor by the pros
pective fugitive, Jeremiah; the pos
session by Jeremiah when captured !.
far-of Washington of an old suit o.
clothes that had come from John
O'Leary's closet; the storing of Jers
mlah's automobile by John in New
burgh, n. Y.-care having been taken
first to remove the license plates.
"lt is, as the prosecutor put i.
simply a case of the word Of Artnu.
Lyons against the word of Jeremls.n
and John O'Leary. You are to deeio'
which is the more credible"
But in making that decision, as
parting word, he urged them not 70 y
swayed by the existence of the deieHos
ants large and dependent family oI.i
the appealing presence of his sS''
parents in the room.
Fair Verdict Asked
Il do not want you, either he coz
cluded, Ito convict him because la'
government asks you TO. But II y.
tlnd him guilty | want you to 40 ,,sr
solely because you are convinced sH''
the evidence shows his guilt ~
In charging the jury Judge hsss .ss
admitted that the evidence in the esis esis
had been allowed to wander far shs1
from the issues really at stake, Du' y.
clared that the wide public interes.. :.
the matter had in a measure )ussns..s
this. All references to German agen..,,
however he counselled the Jurors y :,
to Jeremiah's political activities "a ',
Johns connection with the suppress.
publication, Bull" were TO be e.s
sldcred solely with reference 10 ~ ~
light they might serve TO throw Oh = =
defendants sympathy with
brothers fry campaigns. -
After the Jury had passed out !eS s
mlah O'Leary was brought over ~ =
The Tombs and formally arralgnea