New-York tribune., 1918-07-19
OLeary Trial Ends
With Denunciation
OF John by Barnes
U. S. Attorney Suddenly
Assails Patriotism of
Jerry's Brother
Quotes From Writings
Case of Conspiring to Aid
Sinn Feiner's Escape Goes
to Jury This Morning

In session Of roaring, slam bang
turbulance, the trial of John J. O'Leary,
charged with having conspired to abet
the flight of his Sim Bein brother
jeremiah, came to an end yesterday in
Judge Augustus N. Hands branch of
the United States District Court
To-day, following an hour and a.
half's summing up by each side and
the formal charge of the Judge, the
case will be turned over to the iury
for final decision.
before this stage was reached, it had
been expected that further sensational
disclosures would develop in relation
to Henry A. Wise's withdrawal from
jeremiah O'Leary's case as counsel. In
his letter of resignation Mr.. Wise had
given as one of his reasons the fear
that, if he should serve in this capac-
ity, he would, when he came to make
application for commission in the
army, be treated in Washington "as
they treated General Wood"
Wise Denies Official Pressure
yesterday Mr.. Wise appeared in court
and stated that no pressure had been
brought to bear on him from any Off
clal source to abandon the OLearv
case. He also declared that he had
never discussed the O'Leary case with
any army officers. But, during the
brief period he occupied the stand. he
did not throw any further light on the
particular passage in his letter which
has caused such widespread comment.
The real fireworks of the day were
furnished in the clashes between the
defendant and the prosecuting attor-
ney Concluding his direct examina-
ton, John OIeary corroborated in
every particular the story of his move
ments on the days of May 6 and 7
which had previously been told in such
detail by his brother-and which pro-
vldes him with a complete alibi against
the charge on which he is being tried.
In conducting his cross examination.
however. Assistant United States At
torney Earl B. Barnes paid scant at
tentlon to this phase of the testimony.
instead, he unloosed a sudden. unex.
pected attack upon the quality Of John
O'Leary's patriotism.
Johns Patriotism Under Fire
Heretofore it has been Jerry's pa
triotism, alone that has been under
active suspicion A long list of char
acter witnesses and relatives, testify
ing to Johns disapproval of his
brother's activities, had seemed to for
tify him strongly on this score. But
yesterday the District Attorney, going
tar back to the days before jeremiah
O.Leary In any way got into trouble
with the authorities, cited document
after document to show that John had
all along sympathized with the spirit
of his brothers agitations.
Articles against President Wilson,
articles castigating England's CONNER
cial blacklist" articles decrying the
treatment accorded Ireland. all written
by the defendant and all of the same
fiery tenor as the effusions of Jere-
miah. were read in the record.
AS the screeds mounted up John
O'Leary flung himself about in his
chair petulantly. His answers to his
questioner. meanwhile, became more
and more brusQue, except on the occa-
sions when he leaned far forward and
Mr.. Barncs's face.
When, after that, the prosecutor
shifted his queries to the subject of
various conversations that have figured
in the trial. the defendant almost in
variably replied that he "couldn't re-
member" To the oft-repeated query
Did you say that" the nearest to an
admission that he would ever make was
a curt, Every likely"
Incidental contradictions, even of his
own brother. left him surly but un-
concerned. "That may have been his
recollection; mines different" he re-
piled half a dozen times when faced
with minor discrepancies. To the
shouted demand of Mr.. Barnes as to
why he had done sundry unaccountable
things-such as to allow his brother
to walk off with his automobile and to
leave it ten miles from his own office
John OLeary invariably shouted back:
How do l know why did it-why
wouldn't | do it?"
In the end he had left many loose
anything disloval in the propaganda
conducted by "Bull' or to abate any
thing of his demonstrated antagonism
to Great Britain, but he had stood
firm in his denial of any knowledge
that his brother ever intended to run
away or that he (John) had in any
wise helped him therein
The final witness was John OTeary's
maid, who has been held for several
weeks as an enemy alien in the House
OF Correction. She was introduced to
dispose of the claim that Jerry slept
at the defendants house on the night
OF May 6, but she didn't seem quite
sure what 1t was all about ANYWAY,
and few words of explanation from
Mrs. OLeary rather cast her evidence
out of court
ID c.. n