The sun., 1918-07-19
Presidents Telegram Speaking
of Disloyalty Excited
Defendant.
HIS TESTIMONY DENIED
Case, Which Started June 8,
Will Go to Jury at About
Noon To-day.


after the MARITIME westcott primary con-
test in New Jersey in 1916 that he adj
vised jeremiah TO bring a civil suit fer
damages against the President. The
Presidents message was:
"I would feel deeply mortified to have
you or anybody like you vote for me-
Since you have access to many disloyal
Americans and have not. l will ask
you to convey this message TO them"
Earl Il. Barnes. Assistant United
States Attorney in cross examining John
asked:
Did you advise your brother to start
suit against President Wilson because OF
the latters telegram"
II did" answered the witness. II re-
scented the Implication Of disloyalty the
President attached to my brother"
Admitting the active part taken by
Jeremiah and himself in Marines cam
paign. John said MARITIME won the at
lection of men of Irish blood by SUBJ
uniting a resolution in the Senate urging
clemency for Sir Roger Easement. under
sentence OF death for high treason. John
said he understood the former Senator
could not get an unopposed renomina-
tion by the Democratic organization Of
New Jersey because of his opposition to
policies favored by President Wilson.
The witness identifietf n set Of reso-
1utions he prepared for use at a meeting
in Passaic county, written, he said. at
the request Of a committee from New
ark.
Mr.. Barnes read the resolutions TO
the Jury. They declared that the United
States had failed to stop Great Brit
ain from interfering with the United
States malls and the seizure and confis-
cation of vessels engaged under the
American flag In lawful trade with neue>
trails. The conclusions were drawn that
President Wilson had proved unfitness
for his office and that Senator MARITIME
should be returned to Congress
Case to Go to Jury To-day.
Both sides rested after John had been
on the stand nearly all day. Under an
Informal stipulation entered into by Mr..
Barnes and Thomas B. Fielder, counsel
for the defendant. at the urging of
Judge Augustus N Hand. both will be
limited to an hour and a half In sum-
ming up to-day and the case should
20 to the jury by the noontime r cess
The trial has been under way since
June 8.
Johns explanatioA Of hk pol,t,ca, ac-
tivities and his relation OF the facts
connected with Jeremiah's flight as a
I result Of which the Government is try
ing to convict John Of conspiring to
obstruct justice. was denied a good deal
by Mr.. Barnes
More matter Of fact than Jeremiah,
Johns bearing under cross-examination
had none Of the seemingly spontaneous
temperamental outbursts that made his
brother sometimes highly irreleya mt
but always Interesting witness Jere-
maah reacted to questions attacking his
patriotism with dialectic: John fire.
Quently answered similar questions with
shouts OF enraged defiance directed at
the prosecutor.
Having the record OF the testimony of
John and other witnesses before the
Grand Jury, at the mistrial and at this
trial. Mr.. Barnes involved John In con-
tradictions relating to Jerem!ah's flight
John testified that he rang the bell
at the home Of William H. Daily on May
6. jeremiah testified that he rang the
bell. John said jeremiah did not tell
him prior to leaving New York on May
z that he would give two or three days
20 fishing near Sewburg. Mr.. Barnes
called his attention to Jeremiah's testi-
mony that he had told John he would
spend several days fishing near New
burg before going to the Adirondacks
Asked to explain this, John said he did
not remember jeremiah having told him
this
The memory of the witness was fire.
auently poor IT do not recollect," was
common answer. Answers to question
after question were preceded by IT think"
or Il may have"
Attorney Gets . Surprise.
Mr.. Barnes drew much testimony from
Che witness designed to offset statements
of other witnesses that John did not APP
Prove OF Jeremiahs political activities
He questioned the witness about his con-
duct as counsel for Bull In the litigation
over the withdrawal Of mail privileges
from that publication.
You brought an action, did you not
TO enjoin the Postmaster from refusing
to distribute copies Of BuHf" asked Mr..
Barnes.
mo, did not"
The prosecutor showed surprise.
look at these papers," ne said. holding
mp a copy OF the complaint In the pro-
ceeding.
Il did not bring any action" insisted
the witness. 1.-THE Bull Publishing Com
pany brought the action"
But you were attorney. for the COM
bany?"
Yes that is different"
The witness SAID ne saw nothlng dis
loyal In the cartoons and prose articles
In Bull Mr.. Barnes showed him a pic
ture which the prosecutor described as
that of an undertaken outside of his
shop soliciting business.
DO you believe It Is loyal for an
american to attack Great Britain at
his timer asked the prosecutor.
ut depends upon the attack" was the
answer.
How about the attacks in BUR-"
Calls "BuII's" Attacks Loyal.
. IT think they were loyal yes"
Mr.. Fielder returned to these answers
bn redirect examination and asked John
what he meant by saying il was not dis
loyal to attack England at this time. The
witness said it was an Americans right
10 criticise an ally as one might criticse
domestic policies with view to cor
recting errors In carrying on the war.
John said the injunction suit was not
pressed after the application for a tenn
porary order was denied. and he ad-
Vised Jeremiah to discontinue BulL
John denied the Governments allega-
lions that he aided jeremiah in his
Digit prior to trial on tho charge o.
conspiring TO violate tns espionage act
through B,ll He left jeremiah on the
morning of May Z, believing his brother
Mas going to the Adlrondacks to re-
Cuperate after an operation for appen-
dicitls. he said. lie knew nothing more
Of his whereabouts until his brother was
arrested in Sara. Wash. His testimony
like that OF jeremiah, was an abso Lutte
contradiction OF that OF arthur Lyons
principal witness for the Government