New-York tribune., 1918-06-25
Prisoner Released
In $4,000 B.;,
Judge Hand Immediss,I,
Sets Tomorrow for Be-.
ginning of New Trial

was summarily. dismissed yesterdav
new trial on the charge of hayinv ..
spired to aid the fight of his broth..
Jeremiah has been ordered by Isa..
Augustus N. Hand to begin to.rnor,,.
morning in the United States rist,4,s
Court here.
Meanwhile OLeary has been reles,.a
in $4,000 bail. The money was s
tanned by the defendants wife ,oa
mother and presented in cash 10 Ba.a
Clerk Jeremiah Bonner late yesterds,|
afternoon. Judge Hand signed thu 4.
der of release, and OLeary, aceou.
panied by his family, immediately Ia
the Federal Building and started Il,
Brooklyn. Last night, for the 6ns
time since he was originally taken inta
custody, he ate dinner. in the hon.
from which more than FIVE weeks am
his brother jeremiah set out on Ii,
long westward flight that has calui.|
mated in the present series Of cour
proceedings.
The motion for mistrial was m.i.|
by Colonel Thomas P. Fielder, OTeau,|
counsel. At the time the trial had bs.,|
proceeding for more than an hour. As,!
parently all was going in the most al
proved order, when a man In q blut|
serge suit entered and handed sliyl
Of paper to Colonel Fielder.
After reading the contents Of tkt|
paper Colonel Fielder, before proeeet|
ing with the examination Of Mrs. join
OLeary, who had just taken the stand
asked for private consultation with
the court and Assistant United Stasss1
Attorney Earl B. Barnes, who is prose
cutting for the government. After tks
trio had been closeted for half an hor,
they were Joined by United States A.
tornev Francis G. Caffey. For.y-fYs
minutes later they filed In with the
mistrial decision. x
Mistrial Announced
"The defendants counsel asks, and
the United States Attorney has co...
sented to the granting Of, an order thE
the jury be discharged" said the stats
ment which Judge Hand read, @snd Il
is hereby discharged. on the grcuui
that it has just been discovered sh,s
Juror No. is under an old indictmnl
of 1914 in the case of the United Stsh4
VS.. Samuels and others. This, in -!
opinion, disqualifies him from jury set1
vice"
The indictment against Juror No. "a
Iaac Anderson, of 400 West it7a
Streets based on q charge Of consrif1
ing to conceal assets from trustees y
bankruptcy proceedings. In that setisa
the juror, one of those indicted hN
gained immunity by turning STATES 81:
dence. The record handed to Caona
Fielder, however, and by him turlsa
over to the court, showed that the !i]
Gictment has never been fofmeh1
quashed. Anderson is described =
retired real estate and Insurance. nan11
In commenting on the manner II
which this information had coFe y <
him, Colonel Fielder at first SAID ssss
last Saturday prominent man whom
| he had asked to serve as chs1ss.s!
witness for John O. Leary had Yeissts
on the ground that he would je0pasQE
his own position in the cominunit7 y
doing so. 80.
Gust to show you how much eaa.1
you people have got in this eiae
Colonel Fielder reported this maa y. !.
saying, "Pll tell you something y. ~
second man on the jury there nss ~ rs's
planted by the government. nss.s -
man who was indicted four yesn III ~
and turned states evidence. A. ~
time he worked for several !aous''
with the District Attorneys o'ass'
Forgot Informants Name
Asked the name of this inform y
Colonel Fielder st first refused u
ply, and then declared that re
! forgotten. Later he said IL was ~ !. /.
prospective character witness. pas 81 /
man whom he knew only by sigDs -
had stopped him as he was ss,ts
his Office Saturday. He had stsis:
investigation. he said, only yisS isSi|
morning, on the request .,sa.d =. .S|
OLeary, to whom he menslonss
incident at the opening cI cou. o.ss.,als
At the beginning OF his .s,1SI|
Colonel Fielder expressed cons'SA -
indignation at the presence sa.sss1||
man on the jury. "nen' nv nv III
he was pinned down as 70 '1ss II
serious he intended to rnske nIIniia
piled charges against ,ne .tssti1
States Attorneys oftice nc s,se;sk|
tactics, and ended with an sp'ss
statement about Mr.. Barnes. thsr
"The fact that the man Wa II b
speaks for itself, nevertheless
John OLeary. -. .rd;af si
the trial, accompanied as II is N'.ss;u sss;u
necessity of going over tns S;s8p
proceedings again, was . ~ ~
pointment. For q moment ~ ~
cord of restraint he has nss 90
himself heretofore seemed w.s1s
When the Juror in question 49, 49,
to approach him with apoiot 81
brushed him impatientlv asice. Nh
tla Iater he regained controi g -
saIf His resentment against -
ernment officials, however,
patent. ..a he ~ &
"Just before was arresteas IA a
"Mr. Barnes caused the scTsShn g. sSalf3
NV house to be seized on s sss.s sbft7
of being an alien enemy, 49, "a Nc
a Russian. Ever since ne ~ ~, sigl
held at the House Of Cgsrscssay,ex s,ex ~
there is no reason for hen 1s ssss III
despite the pleas Of my wife tnss az
released. This seems 70 me ts.s ~ n
ness, but it is indicative % s's S..
cution's attitude" ...rxisse
Although repeating his Esssss E:sss 4 n
complete innocence in the g.s Sl<s
brother, O'Leary added tnss
shameful that these proeseSa M N
be held anyway. A deeeM nv ss:s5
| he saiA shnuld be MADE f4f