New-York tribune., 1918-07-11
Lack of Time Postpones
Testimony in Behalf of
His Brother
Lawyers Clash Again
Cohalan Admits He Wanted
Germany to Win Before
u. S. Entered War

The scenes were all set; the leading
man was on hand, impatiently pacing
up and down. awaiting his cue; the
courtroom was crowded as it had not
been since the days Of the original
trial-but the big act failed to come
otF in Judge Augustus N. Hands
branch of the United States District
Court yesterday
1t really wasn't anybody's fault
least of AL Jeremiah A. OLeary's. He
vas perfectly wiling to do his part,
9ut circumstances and oratory over
which he had no control interviewed to
prevent. However, it can be announced
positively that Mr.. O'Leary himself
will appear to-day and that he will
reclte his unabridged travelogue.
Even as 1t was Mr. OLeary saw to
it that the crowd didn't go away alto
gether disappointed yesterday. For
one tieeting ltJle moment as the days
session OF his brother Johns trial was
drawing to c4ose he permitted him
self to be seen. l. ghtiy he bounded
out from between the doors of the
judges chambers. With smile he
little bow he acknowledged the pres
ence Of the jurors. Expectantly he
turned toward the witness chair
Mistake, Says Fielder
But no we'll regulated Snowman puts
on his star act just before time for
court to adjourn, and Co onc Thomas
B. Fielder, counsel for the defence, at
once FASTENED forward to tell Judge
How .,+o
with one more smile in the direction
of his wife and small son, who occu-
pied front row seats, and one or two
more comprehensive bows to right and
left, was forced to retire-for the time
being.
But even though Jerry's turn was
postponed there was no lack of excite
ment as the trial entered into its final
phase. For one thing. there was Nine.
Victorioa, the alleged German spy,
once more in attendance. this time ac-
companied by her maid. For another.
there was Carl Rodeer, also an alleged
German spy. indicted with jeremiah
D Leary. For third, there was Colo
mel Fielder.
Colonel Fielder arrived. still bristling
f'nm his encounters with the District
A corncy the day before, and for time
1t appeared as if hostilities were going
stage.
Lawyers Clash Again
Colonel Fielder had called Margaret
OLeary, sister of the defendant. to
testify concerning Johns recritude and
general disapproval of Jerry's activi-
ties. Finally he asked her if anything
particularly significant had happened to
her since her brothers arrest Earl B.
Barnes Assistant United States At
torney, leaped up with an objection on
the ground that the question was irrel-
eTant. Colonel Fielder replied that it
was not irrelevant in so far as it would
90 to show that every member OF the
. Leary family had been "hounded by
government agents"
Inat statement is untrue," cried
Mr. Barnes
Colonel Fielder drew a long breath.
Il am trying to keep my temper, your
honor he began.
AT this point Judge Hand announced
that no repetition of the previous davis
scenes would be permitted. He said
Mr; barnes's statement did not cast any
reflection on the defending counsels
vcraclty Then Colonel Fielder apolo-
sized to the court and jury-but not to
Sir barnes-for his hasty words of the
day before. '''e
N''N- IncnlSEnd
when Surrogate John ?. Cohalan who
was one of a long list of character wit
nesses for John OLeary, after assert
ing that Jeremiah was 100 per cent
loyal, added that he personally had
hoped Tor German victory right up
to the day the United States entered
the war.
Surrogate Explains
Mr.. Barnes took him up sharply. and
the Surrogate leaned forward anprilv
That question doesn't arise now"
he thundered 81 was against England
because England is the ancient enemy
OF Ireland; but first and last and ali
the time, | am an American, and if the
devil himself were an ally of America. I
would be for the devil y
Later Surrogate Cohalan said that
although ne was a member of no Irish
societies, he was strongly in favor of
irish freedom.
I'VE all are, Judge" returned the
government attorney seriously.
The Surrogate dwelt on past services
OF the O'Learys to this country in bat
tie and SAID the late Joseph H. Choate.
among many others, had spoken to him
IN highly ilattering terms of the de-
fendant. Another character witness 9
woman with an impressive record Of
war work, affirmed her belief that even
If John O'Leary's life depended upon
what he swore to in that courtroom. he
would scorn to lie
The elevator man through whom the
defendant hopes to establish the basis
for his alibi was another witness. He
repeated, unchanged, his testimony of
the first trial.
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