New-York tribune., 1918-07-02
Tentative jury
Speedily Chosen
In O'Leary Case
Taking of Testimony in the
Second Trial Likely to
Begin To-day
"Patriots" Rejected
Defence Challenges Two Who
Vigorously Proclaim Low
atty in War

DeA"Ao oo-uos SeSoloH OF The trial
Of John J. OLeary for conspiracy
comes to close it is practical Ger
tainty, according to Earl B Barnes
Assistant United States Attorney, that
the first government witness viii have
been called to the stand.
Yesterday, backed by the mutual i'm.
patience of both prosecution and de-
fence TO arrive at the real business in
hand, the retrial proceedings, which
opened before Judge Augustus n.
Hand in the United States District
Court here, got off TO flying start. In
less than six hours L tentative jury
had been selected to pass on the fate
Of the man who is again facing the
charge of having obstructed justice
through aiding in the recent fight Of
his Sim Fein brother, jeremiah. Be.
fore court adjourned seven of these
men already had been challenged and
their places filled up By other tales
men.
This leaves the privilege of four
more challenges for the prosecution
and six for the defence.
Three Are Rejected
Considerable surprise, and also graf
ification, was caused yesterday by the
fact that, despite the wide publicity
given this case during the proceedings
which ended week ago in the declara.
ton Of mistrial, only two men out Of
all those examined yesterday expressed
themselves as having their minds al.
ready definitely made up as to the mer.
its Of the question One cf these was
a machine tool manufacturer who, al
though denying sympathy for the Sim
in favor of free Ireland"
Of the three tentative jurors elm.
mated by government challenge lester.
day, one was Austrian born and con-
fessed to having relatives in the Aus:
trian army; another hailed from Ire
land, and the third was of German
parentage and admitted that he would
be inclined to be lenient with any man
whose crime consisted OF helping his
own brother IN time Of trouble.
Objects to Patriots
The first two men to whom Colons
Thomas 3. Fielder objected on behalf
of the defendant We're those who had
most emphatically announced their TN.
diluted patriotism. One of these also
was Republican and voted for
Mitchell. whom at the last trial Jere-
mlah O'Leary accused of being respon-
Sible for most OF his troubles. The
other was the tentative foreman.
In the latter's place Julius Becker
naturalized German who bears
marked likeness to the photographs Of
Won Hindenburg, Is, at least tempors-
rily, sitting. Another tentative Juror
with a background somewhat Teu.cn.
ically tinged sits in the chair of No. s.
He is Joseph c. kaempfer. d dealer in
dolls and toys. who received his cdu.
cation in Germany and met the d..
fendant, John j. OLeary, he said in
connection with q German-Irish bazaar
at Madison Square Garden, where hs
had the doll concession on q commits
sion basis.
Of the others chose who still remain
unchallenged are:
No. 2-Henry G. Woke. of 72 West
Ninetyseventh Street, a silk salesman
who for the last five years has voted
the Socialist ticket.
NV. . NldiItS L. FOOl, OF MONegcH
Lake. Westchester County, retired
writer, who declared that his forebears
went 10 England with William the Con-
queror and settled in this country in
1851, and that his idea of the proper
time for America to have gone to war
with Germany was when Belgium vas
invaded
Retired German Baker
No. Jacob Plasser, of 234 Eas'
18th Street, also German born. 8 re.
tired baker, who said he had shalt 6 /
dozen children and no church"
No. 6--Thomas c. Reid, of S7S Wes
End Avenue, wholesale drygoods
merchant, who is strong for war ts
/ finish.
No. Morris Cantor. who manufsct: /
ures upholstery goods and lives st
West Eighteenth Street, voted fol
Hyland and has a brother who is prss'
dent of the Tax Board.
No. S-Oscar Meltsner, of 1929 Cls'
Avenue, The Bronx, salesman.
No. 9-Jerome ". Bickert, of IA East
Ninety-fourth Street, a travelling
salesman.
No. 1o-August Metzgar, Of Est
Twentytirst Street, who was born ID
Alsace, became naturalized and ioneo
the Democratic party.
No. 11-Frank f. Bliss, of the nm
of Gilchrist g. Bliss, a stock broker
end pure American.
No. ~, who took the place OF hs
man from Austria, had still to be ss
! Smined when tho session ended lssi I