Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1918-06-21
O'LEARY WITNESS
At Trial of His Brother
John j.
Latter is Charged with Aiding
Brother to Flee When jeremiah
Was About to Be Tried on Charge
Of Violating Espionage Act


New York. June 20.-Jeremlah
OLeary was brought from the TombS
handcuffed to a deputy marshal %
day 10 testify at the trial of his
brother, John ]. O'Leary. who IS
charged with aiding jeremiah to flee
| when the latter was about to be tried
on charge of violating the espionage
act. jeremiah. caught in the state #
Washington, now awaits trial on
charge of conspiracy TO commit tred-
son and espionage.
Jeremiah was named in the indict-
ment with his brother, as we'll as Ar
thur l.. Lyons. one of his employees.
OLeary said he was 81 years OIL
and was born in Glens Falls, y. Y,
where his father also was born. HI,
mother was a native of Ireland. but
was brought to the United States Ill
infancy.
The witness declared he had suf
fered a nervous breakdown after eN-
erting himself at the last presidential
campaign and had had no relief from
that and other ailments since that
time. He had lost 20 pounds in re-
cent months.
He spoke also of his attack of APP
pendicitis and told of being hound
ed by Secret Service men and re-
porters before his fight. He declared
that he had concluded from the at
titude of the government prosecutor
toward The original case against him
(alleSed obstruction of the draft law
that he would mot be given fair,
impartial trial-that the proceedings
would be q sort of political hippo
drome and prey for these newspaper
tiends."
Finally. his impatience and com
pletely disorganized state finally
caused him to follow physicians ad-
vice and go away to get complete
rest" he said
OLeary said that because OF his
health he felt that he should have
somebody accompany him on his trip
and that in view of the fact that he had
a divorce case pending for client at
Reno. New, which he could not attend
because of his coming trial, he hal
asked Lyons TO accompany him and
had given aim $3.50 to represent his
client at Reno.
1T was understood that l would be
back here for trial on the Goth when /
lefl-I had no other idea whatever-arl
N. brother John had absolutely no rea-
son to believe that | would not be back
when my case was called he testified
Through a long cross-examination
O'Leary reiterated his statement that
there had been no collision between
himself, his brother and Lyons rela-
tive to his flight He declared John
was given the impression that his
brother had gone to Newburgh. \. Y,
to fish, rest and recuperate, and that
he intended returning for trial.
An hour or SO before train time
OLeary declared he was persuaded by
Lyons not to go to Newbursh but 10
accompany Lyons 10 Reno.
The defense laid much emphasis on
testimony tending to show that Q Leary
since his return from Sara, Wn., Tues
day III custody Of federal officers had
had no opportunity OF comforting with
his brother, his counsel or others In
teres,ed in Johns behalf relative to
the testimony he would give today.
Then Earl B. Barnes. the assistant dis
trict attorney prosecuting the case,
elected from the Sim Feiner state
ment that he had read in this morn
ins's New York American an inter
view with I. Z. Fielder, attorney for
John J. OF .ary, which gave Felder'.s
version Of the testimony jeremiah
was expected to give at the trial to-
day I'll he told the truth.
OLeary maintained his composure
throughout the days questioning. A
smile overspread his features most Of
the time, but once or twice he became
nettled when questioned as to the per
secuton" he claimed to have feared
from the government.