The sun. [volume] (New York [N.Y.]) 1916-1920, 1918-07-02
BARRING SYMPATHY
BY O'LEARY JURORS
Barnes Puts Question Up to
Talesmen in Lawyers
Second Trial.
IRISH PATRIOT REJECTED
Retired Editor Tells Court
Lusitania's Sinking Was
Cause to Enter War.

The second trial Of John ]. OLeary
| indicted on CT argos Of conspirng to OBJ
struct Justice by assisting his brother
Jeremiah A. .o'Ieary. TO fee from facins
| treason accusations, was begun before
Judge Augustus n. Hand in the Fedora
District Court yesterday. The first tria
stopped suddenly when It was revealed
that an old Indictment was pending
against a Juror.
The new trial is expected TO be a
repetition Of tho FIRST up to the point al
which tie defence puts John OLeary on
the stand to give his version of what
happened In the hours preceding the
flight o. jeremiah O'Ieary from New
York on May and of the following days
WI en- the Government alleges he wilfully
deceived its agents who were searching
| for jeremiah.
Thirty talesmen were examined yes
terday for service as Jurors. Under the
, rule in the Federal court TIE jury is
sworn as a whole. Until both sides an
nounce that they are satisfied with its
makeup tie rate OF progress Is evident
only through the number Of challenges.
Col. Thomas b. Fielder, counsel for
| OLeary. used four Of his ten challenges
| yesterday. Earl B. Barnes. Assistant
United States Attorney. used three Of
the six challenges allotted to the Gov
eminent. 1t is figured that tire selection
of the jury will - completed by the
noontime recess to-day
New Question Asked Talesmen.
The questions asked at the first trial
we're repeated with one addition. Have
you ever been indicted by a Federal
Grand jury" asked Col Fielder OF each
taleman in making sure that the mis-
trial would not be repeated.
| John O'Leary. who is a lawyer, was
active in assisting in his defence He
frequently prompted Col. Fielder and
made notes continuously,
Col. Fielder ascertained from each
talesman opinions as to whether the
United States should have entered the
war at the time OF the invasion of Bel
| GUM or the sinking OF the Lusitania
whether race ard creed might influence
| the judgment whether Ireland should
be free and whether the misdeeds OF one
member OF a family might operate &c
prejudice another Of the family under
charges
Mr.. Barnes asked talesmen II they
knew Justice Cohalan. John Dewey. ]
p. Moore. Peter Golden or William II
DAILY. He asked regarding membership
in Irish societies or the American Truth
Society Of which Jeremiah O'Leary was
president.
One OF the questions put by Mr.
Barnes indicated that he had taken note
parent in the fret trial.
| He queried: Would the fact that II
was his brother he helped run away
make any difference? Would 1T incline
you to be sympathetic toward him,
| Would the fact that he is a family mar
with wife and several children and
| an aged mother affect your verdict
Will you pledge me that YOU will not
let any sympathy AFFECT Your verdict"
Court NOdihcs Pledge Query.
Col Fielder objected to the required
pledge and Judge Hand suggested =
modification. VIII you give me your
assurance that YOU will no: let sym.
patty affect your verdict" was the
| form suggested by the court and il Was
adopted by Mr.. Barnes
| Among the talesmen who were still In
the box when the day closed was Angus,
Metzger, retired druggist, of S44 East
| Twenty-flrst street. He was born il
.Alsace. gave his nationality proudly as
I French, and said that he left Alsacs
when the Germans entered in 1871.
A talesman was discovered who never
heard Of Bun. never heard of Jeremiah's
I flight from trial and never heard OF Iohr
or jeremiah oT.earv until he received
| the notice YESTERDAY morning summon,
! ing him as a talesman. The mans name
v-as Archibald and lie runs a saloon al
Jerome avenue and 172d street, The
Bronx He is so busy he never reads
the newspapers. He was challenged b.
the defence.
Thomas Mackin. who was born ir
Ireland and thought Ireland should hs
free was challenged by the Government
He has been in America more than tif;y
years. He thought the United State.
ought to have entered the war wher
! Belgium was invaded. He said he had
rever belonged 10 Irish societies anf
docs not read Irish puorcati0ne
Charles +. Foote, an editor who re
tired into the wilds Of northern West
chester 20 point Of irregular news
paper deliveries seven miles cas-, o
Peeksllll because OF III health said tn,
country should have begun to prepar,
AZ the invasion OF Belgium and Shout,
have entered tho war OF the sinking o.
the Lustania, He was certain race Of
creed would not affect his judgment il
finding verdict. but was less Confjden
| about his power to remain uninauencef
by sentiment where n defendant wa!
accused of aiding his brother. lie wa.
! still in the box al the end Of tho 6o,