New-York tribune., 1918-07-17
Government Rebuttal to
End Case Against
Agitator's Brother
Lyons's Story Denied
Wife of Defendant Says Incl
dents of Flight Were
Misconstrued

From to-day on the trial of John J.
OLeary on charge of having con-
spired to aid in the recent flight of his
brother, jeremiah, will traverse new
ground.
The point at which, upon discovery
that one of the jurors was under Fed
eral indictment, the original proceed
ings were abruptly declared a mistrial
was again attained at yesterdays ses-
sion of the retrial before Judge Angus
tus N. Hand, in the United States Dis
trict Court. To-day John OLeary will
take the stand in his own defence.
After that, Assistant United States At
torney Earl B. Barnes said last night,
in rebuttal.
Yesterday the defence called Walter
F. Ward, district superintendent of the
Street Cleaning Department. Mr..
Ward swore that the streets of New
York are never watercd at the hour at
which the government witness, Arthur
Lyons, declared, on the night of Jere-
miah's famous getaway, he took the
the "slippery condition of the road"
Later in the day another street clean
ing official made this point still more
specific.
Would Bolster Alibi
ing to set up to account for his move
ments on the morning af May 7, the
time when Lyons and Jerry O'Leary set
out on their westward jaunt, also re-
ceived additional corroboration. Ac-
cording to Lyons, John O'Leary accom-
panied the fugitives up to the time
when, shortly before 10 o'clock, they
entered the Pennsylvania Terminal.
Jerry, on the other hand, has said that
they parted from John early that morn
ing, leaving him in complete ignorance
of their plans.
Yesterday Frieda Schultz, telephone
girl and fling clerk in the defendants
office, testified that when she arrived
at work at $3.50 on the morning of May
she was surprised to find John
O'Leary already at his desk. When, on
cross examination, the prosecutor asked
her why she had not mentioned this in
giving her original testimony before
the grand jury, the girl replied that she
had not thought of it at that time, but
had since recalled it.
Replying to the governments claim
that John OLeary sympathized with
the activities of his brother Jeremiah,
Colonel Fielder, counsel for the de-
ience. introduced William l. DAILY,
office associate of John O'Leary, and a
man named Thomas B. Tuite, described
as Civil and Spanish War veteran.
DAILY Defends Himself
DAILY. after repeating his testimony
of the original trial, eXonerated John
of any connection with his own reten-
ton as counsel for Carl Rodiger, the
German naval officer now under arrest,
charged with being a spy.
Mr.. Tuite admitted that it was lie
who had drawn this case to Daly's at
tention He also admitted to having
peen active IN STRIVING to secure coun-
scribed as a "foolsh young German
boy, who got mixed up with bad com
pany, a lot Of reputed German SPIES"
and took a trip to Canada in connec
tlon with some project to blow up a
canal-all of which, in view of his
belief in the misguided youths lack of
wrong intent, deeply touched Mr.
Tuite's sympathies, he said.
Wife Defends Husband
Mrs. John OLeary substantiated
Jeremiah's IS story as against Lyons's, of
the occurrences at her home on the
night of May 6, and Dr.. Daniel
OLeary, of Newburgh, told of the de-
fendants search for jeremiah in that
vicinity on May 18. Ee also explained
that the defendants action in rcmov-
ing the license plates from Jerry's
automobile and storing it in Newburgh
for an indefinite period was entirely
innocent.
Another witness was Paul B. Gold
hammer, garage keeper, who reueated
his story at the first trial.
In the rebuttal testimony, Mr.. Barnes
said last night, will be included an
explanation by former United States
Attorney Henry A. Wise of the lat
ter's letter Of resignation as attorney
for Jeremiah O'Leary-the communica-
ton which caused a sensation at the