New-York tribune., 1918-06-15
Revelation. by Prosecutor
Stun Brother Accused of
Aiding Fugitive
LYONS Is Reported
To Have Confessed
Taking Of Evidence in Trial
of John O'Leary Will
Begin Monday


session of the government on the al
legged conspiracy to aid in the fight OF
jeremiah A. OJeary, the fugitive Sim
Fein organizer, as revealed by Earl
Barnes, Federal prosecutor, in his
opening address to the jury at the trial
Of John ]. OLeary in the Federal Dis
trict Court yesterday, was a staggering
blow to the defence.
Not only did Mr.. Barnes connect
John ]. O'Leary with the flight Of his
brother, Jeremiah, but he also declared
Arthur L. Lyons, of 1892 East Nine
party in the alleged conspiracy and
that he was the man who went West
with Jeremiah. Lyons has been en-
ployed by jeremiah OTeary for some
time as q confidential man and investi-
gator.
When the indictments were returned
last week by the Federal grand jury
charging jeremiah OLeary, his four
Sim Fein associates and the two Ger
man spies, Nine. Victorica and Lieu
tenant Carl Rodiger, of the German
navy, with conspiring to violate the
sspionaee act, q sealed indictment was
returned charging the OLeary brothe-
ers and Lyons with conspiring to OBJ
struct justice.
Lyons Traced by Letter
This indictment was not made pub
lie at the time because Of the fact
that the whereabouts of Lyons was
not known to the Federal authorities.
Immediately after the indictment was
filed every investigating agency OF
the government started searcn Tor
the missing man. Acting under IN IN
structions. from Chief Charles .: r. De
Woody, Of the Department. OF Justice,
the guards on the Mexican border
were doubled to prevent flight into
Mexico.
Lyons, according to the government,
left this city with OLeary for ST.
Louis three days before the Irish agi--
tator was called to trial. The secret
service men followed the trail of the
pair to Arizona where they dlsap-
peared. However, letter sent by
lyons to his wife was intercepted and
the exact whereabouts of the missing
man ascertained Two days after the
letter was received Lyons arrived IN
the city and hid for twenty-four hours
in his Flatbush home before he was
apprehended.
Said 10 Have Confessed
1t is believed that he has made a
confession of his part in the alleged
plot to the government. He was not
identified in court yesterday, but IT
is understood that when the trial is
resumed on Monday he will be the
chief witness for the prosecution. :,
Il was not until after two and hall
davs had been spent in the examina-
ton of talesmen that jury acceptable
to both sides was sworn in yesterday
noon. Colonel Fielder argued for the
dismissal of the Indictment on the
ground that the bill was drawn i'm:
properly. The discussion lasted until
nearly o'clock, when Judge Hand re,
fused to dismiss the indictment. Colo
mel Fielder took an exception.
The indictment charged John O'Leary
with aiding and abetting in the flight
Of his brother, and if the defendant is
found guilty he will face a maximum
term Of two years in the Atlanta peni-
tentiary and may be forced to paw 9
fine of $4,000.
United States Attorney Barnes out
lined the case against the young attor.
ney to the jury. The courtroom was
packed with sympathizers of the de.
fendant and witnesses. O'Leary sat at
the counsel table with his wife. His
brother and mother occupied seats Just
to the rear.
Weaves Web About O'Leary
AS the prosecutor revealed the evi.
oence against O'Leary what little noise
.nere was in the room was hushed
Inc defendant lost color and sank ir
ms chair, covering his face with his
nand. His wife, who has been with hin
during the trial, was almost overcome
as Mr. Barnes related the details to tn,
}utors. The twelve men in the jury bo,
s!l .eaned forward and eagerly listened
wnile Colonel Fielder, counsel for tn,
aeience, seemed stunned. He turned
snd faced Mr.. Barnes, following hin
very closely. "'''
.,;. .ne Federal attorney reviewed, de
sp..e tne objections of his opponent, tn
sS;. se against Jeremiah OLeary, who a
..empting to obstruct the operation q
me me seiective service act. He told o
@ rne operation O'Leary was forced t.
snoergo for appendicitis in ST. Cath
sEne's Hospital. He said that the fu
sitive was in i'll health and investiga
s'on showed that this operation wa
rn.tN III oetalI ne told OF the variou
postponements that had been aske
ssaa granted by the court to permi
;eremiah to recover fully before bring
ing MIN to trial. He explained to tn
Sssors that when tho trial was set fo
ay ~ jeremiah had failed to appea
snu u was reset for May 23, when h
ka'n tailed to put in appearance. A
;n ;;n,s point Mr.. Barnes began his amaz
nisr. is revelations regarding the par
played by John OLeary in the con
spiiIsacy to aid his brother to flee. III
The government, gentlemen. will
p.ose NY, 70 you that for a considerable
SssIod OF time prior to the 9Th da
v,y ~ nay jeremiah O'Leary was laborin
SSuaer an apprehension that ne woul
DC implicated, framed up in some wa
s'a;e .ne government, in connection wit
s.aing sg Germany or aiding Germa
cssnts; that he had fears, had ex
pressed fears"-
n Joionel Fielder was on his feet agai
m.a a'erpose an objection to the state
nnaa as ~ Mr.. Barnes Of the imprcssio
has,l which Jeremiah OLeary was Ia
sssas. he said that he could not cor
dsims; any possible relevancy that an
ttuhssons 10 ~ or impressions he might hav
"S charge OF obstructing justice.
Objection Overruled
sudge Hand Immediately overrule
4 direction, with the statement this
ap,xs. apxns De relevant, II proved.