New-York tribune., 1918-06-21
Exonerates Brother and
Puts All the Blame on
Companion
Chance of Insanity
Defence Vanishes
Witness Attacks Bar Of
N. Y. in Spectacular
Outburst Of Oratory

AGAINST the government witness,
arthur L. Lyons, the O'Leary defense
Yesterday played it's big trump, Jere-
miah himself.
Ostensibly it was in behalf of his
brother, John, now on trial before
Judpe Augustus n. Hand in the United
States District Court here, that the
;ptercepted Sim Fein leader mounted
.be witness stand. And though he
took occasion repeatedly and unquali-
sedlv to exonerate his brother of any
complicity in his fight, it was in the
main his own game that Jeremiah
oLeary played. He played it, accord
inp to the verdict of those who heard
him, with a very high degree of skill,
anesse and particularly dar-
ing.
Detailing the entire course Of his
movements from the time he boarded
St. Louis bound train on May until
he was brought back to the Tombs
charged with treason, O'Leary entered
at every crucial point; fat contradlc-
ton to the version of the fight previ-
ously sworn to by Lyons.
Blame Placed on Lyons
Atithe same time he threw the whole
: responsibility for the runaway on to
Lyons shoulders. Lyons, IN his own
phrase. took the bull by the horns. =.
III YOU want me to help you"
OLeary testified Lyons said to him as
the two were walking across Forty
second Street on the morning OF May
7. ayou'u have to do what | say"
At the time Lyons had tickets for
ST. Louis in his pocket. Lyons, the
witness said, had bought them, not
John OLeary. Lyons, not John
0'Leary, as the government contends,
was the man, he said, to whom he had
given $1,000 in Church Street barber
shop. At that time John O'Leary had
already started for his office, believing
jeremiah was headed for fishing "Trip
in the Acknowledgement was Jere-
miah's testimony.
And that testimony remained vividly
impressive until late in the afternoon,
attorney suddenly asked if the witness
had happened to read the morning
newspaper accounts of his brothers
trial
n read The American" returned
the former editor of "Bull."
Reads from "American"
Very slowly and significantly the
prosecutor thereupon drew forth and
exhibited clipping from yesterdays
New York American" In it, in the
form Of an interview with Colonel
thomas B. Fielder. counsel for John
~
stance of the story jeremiah had been
reeting
Oyer the protestations of the defenca
u was read to the jury.
aftsrward Colonel Fielder, comment
nhg Indignantly on the implications
.as government had placed on tlris nd.
sanee notice. said host of witnesses
o,,aid UTaid be produced to substantiate the
asafy testimony as against Lyons's.
as my final witness" he said, "1
aa am gong. to put John O'Leary himself
Sa ~ the stand. AS matter of fact, I
da w.. not wish to put jeremiah on to-
Sss at all. So far as John is con-
hsined he is already exonerated, even
" the garbled story Of the govern
sss;' s:asnts own witness. Lyons. But John
I'In'sleo tnst ] call his brother. Jerry,
ans ssnpw.' he said. will tell the truth,
lug ! want you to call him. And 90
nave. And he has told the truth :"
added the colonel.
Johns Chances Good
- tae proceedings ended yesterday.
Oe resumed at l0:30 this morning,
r.ssssthe the consensus of opinion in the
sias iue'as Building that, whichever YER
shna.oI VI the westward fight the Jury
0Iesrs 70 credlt, the chances of John
i. isasy. y not to be freed altogether,
eonsn;s. a. 70 escape conviction on the
Whsthasy charge are extremely good.
liz ssaer sa' In the meantime jerry aided
epen ~ case or actually hurt it was
Il .s.morc more question.
sor sr.a r,.ner case, though, his chances
sse., .sring an insanity plea would
als,4. a 70 be gone, in view Of the mental
his lsasss sa ne demonstrated throughout
Yems;.ng ordeal on the stand. There
she avs however, on the mental side
stsd ego, " -"'s so-caiied exagge-
his isa,n and again in the course Of
sya;laS Sssseimony Jeremiah OTearv
liss, ~ nimself of the chance to de-
eeutina npaonptu aaptu orations, and the pros
sast ;s.ornsy at length announced
ef thss. intends to cite the substance
psatesIs together with O'Leary's re-
xas expressed conviction, that he
Stas>s uE a prosecuted by the United
ef sn;rJ rsJyssfnment, as showing a state
ran Sna s;., ,aat furnished the accused
ssnswslEn win q motive for the abrupt
Hised Z, wn'ch he declares was in.
sisnticv prosecutor coolly stated this
sasir w;,L LoLeary sat hunched in his
/ ssre hsas hssa 40 expression that might
ses onlv MN Characterized an ugly. II
sa1sehsS lew minutes later that he
Ssss oas into one of his bitterest