The sun. [volume] (New York [N.Y.]) 1916-1920, 1918-07-10
LAWYERS PASS LIE
AT O'LEARY TRIAL
Court Crowd Excited Over Pos
sibility Of Fisticuffs
in Corridor.
FIELDER GETS ENRAGED
Attorney for Defence Aroused
by Prosecutor Disputing
What He Asserted.


passed back and forth yesterday between
| O'Leary, who is accused OF obstructing
justice in aiding his brother jeremiah,
the crowd In the courtroom was excited
| by the possibility that fist fight might
be staged In the corridor OF the Federal
Building.
Thomas B. Fielder. a lawyer who came
TO New York from Georgia eighteen
: months ago and Is counsel for John
OI.eary, invited Ear, d. Barnes, Assist
ant United States Attorney, to leave the
courtroom where the trial has been going
| on before Judge Augustus ". Hand and
a jury and to settle a dispute as to who
| had lied.
Mr.. Barnes ignored his opponents
challenge. and Judge Hand settled the
| matter for the moment by telling Mr..
| Fielder that he should submit such evil
dence as he has to prove he was correct
in charging that John o1eary's office
was raided and his papers seized.
III Feeling Between Lawyers.
Ill feeling between the opposing law
| years has cropped out frequently during
the trial and the mistrial which preceded
II, but II has become more marked since
Mr.. Barnes told the jury In opening for
the Government that John O'Leary lied
| in testifying before the Grand Jury.
| Mr.. Fielder said that the statement was
regarded as sufficient provocation for
assault in his part Of the country and
Mr.. Barnes rejoined that he would prove
the charge.
When MIR. Fielder asserted yesterday
,i,at I@A l,a1
raided and his papers taken Mr.. Barnes
objected. saying there had been no raid.
Mr.. Fielder repeated the statement en-
phatically
ITS a falsehood =" said Mr.. Barnes.
you are a liar r. shouted Mr.. Fielder.
There was n moment of suspense with
all eyes on the two men as they stood
several feet npart--Mr. Fielder short and
heavily built; Mr.. Barnes tall and
slender
Felders face was fust ed with rage,
The face of Mr.. Barnes was as white as
a piece OF paper he held in his hand.
Folders Invitation.
Mr.. Barnes said. IAN right and
, turned with an explanation for the court.
As he did SO Mr.. Fielder shouted an in
vitation to 60 into Il corridor. The
Governments attorney ignored the chal-
lenge. He explained to Judge Hand that
the Investigators WHO went to John
OLeary's office had specific instructions
not to touch anything without the con-
, sent Of o'Ieary or somebody represent
ing him.
| The Government closed Its case after
the minutes OF the Grand Jury before
. which John O'Ieary testified in relation
I to the disappearance of his brother had
been read.
In opening for the defence Mr.. Fielder
I charged persecution of John O'Leary by
. Government officials and agents. He
r directed many of his charges directly at
Mr.. Barnes.
Mr.. Fielder told the Governments at
, torney that he should be ashamed OF
himself for having characterized John
O'Leary's Grand Jury testimony as a
lie. Mr.. Barffes objected to this. rising
as he did so and advancing toward Mr..
Fielder. Fielder directed Mr.. Barnes TO
sit down, The latter refused. The two
men again faced each other IN anger
but each kept his arms by his side and
Judge Hand interposed by giving instruc-
: tons to Mr.. Fielder to coufine his opening
to telling the jury what he expected to
prove.
John O'Leary's Defence.
> The defence. as outlined by Mr.
: Fielder, will include an abb for Johr
I O'Leary. II will be contended that IN
parted from Jeremiah O'Leary in theii
2 joint office on the morning that Jeremiah
> fed from New York. John took no par
, in making the arrangements, 1t will bt
Q asserted. and thought that Jeremiah wa:
r going away on a fishing excursion. Tn,
testimony OF Arthur Lyons. who wen
away with jeremiah. that John bought
the railroad tickets will be fatty con
tradcted. 1t will be asserted tina
Lyons bought the tickets.
The railroad ticket agent who test
fed for the Government at the mistria
and failed to identify John as the mar
!, who bought the tickets for St Louis will
be put on the stand for the defence a
this trial. Mr.. Fielder said. The-elevatol
man of the Office building at SO Broad
a way will be called to testify that Johr
: went up to his office at s o'clock in tn,
: morning and remained there and henc,
: could not have been at the Pennsylvani,
> Station when jeremiah and Lyons de
h parted at 10 o'clock.
/, Mr.. Fielder told the Jurors that he haC
approved them without regard for thei
opinions as given under examination Al
talesman. He said ne thought them Il
A him in the attacks he intends to maxi,
. upon the methods of Government of
;, ficials and agents In preparing thei
cases.
: Jeremiah O'Leary will be brough
: from the Tombs to go on the stand as
|, witness for the defence this morning.