The sun., 1918-07-17
CIVIL WAR VETERAN
DEFENDS O'LEARYS
T. D. Tuite, Aged Irishman,
Questioned as to His Own
Loyalty.
LONG FAVORED GERMANY
Did All He Could to Keep
United States Out Of Euro
pean Conflict.

Thomas B. Tuite, an freshman VINO
fought for the Union in the civil war
and enlisted for the Spanish-Americah
war when more than so years old. uh-
derwent a severe srilling as to his pa
triotlsm yesterday at the trial OF 'ohh
J!OLeary.
Tuite, a witness for the defence. de-
clared he had never known peter
American than John OLeary. and TINS
opened the question of his own loyalty
when Earl b. Barnes. Assistant United
States Attorney. began cross-examina-
ton.
In attacking the credibility Of the Wit
ness Mr. Barnes ,fad no difficulty IN
getting the aged man to ADMIT tnal
right I'D TO the last moment before the
United States entered the war ne was
active with jeremiah OLeary. John pe-
voy and other Sim Fein leaders IN pe-
half OF Germany.
TuIte said that until the United States
became a belligerent he favored Gel,
many or any other country that could
defeat 1.-The greatest enemy OF America
England"
Tried to Keep L. 9. Out OF war;
He did all he could. he said, as an
active member Of the Friends OF irish
Freedom and the Irish volunteers 10
keep the United States out OF the war.
He declared that If the matter had oeen
left to the American people We would not
be at war to-day.
Tuite Identified a letter he wrote to
Jeremiah OLeary three months after the
sinking OF the Lusitania. In this ietter,
he said Jeremiah and Dewey were pest
qualified to take care of our people.
Under examination by Mr.. Barnes, ne
declared the term "our people meant
all Americans who are eager to keep
| the United States at peace.
Tuite said he had read Bull and was
acquainted with jeremiah OLeary's ac-
tivities as president Of the American
Truth Society. Mr.. Barnes asked him
II he had accepted commission from
jeremiah O'Leary to inquire INTO
whether the Lusitania carried muni-
| tons. The witness was uncertain on
that point.
Mr. Barnes showed him a letter. He
identified his own handwriting and ex-
planned emphatically, Il can prove
every word that is in g." Mr.. Barnes
offered the letter In evidence and
Thomas b. Fielder, counsel for John
O'Leary, objected to II. Mr.. Fielder ex-
planned that the letter was In relation to
an investigation of the cargo OF the
Lus!tania.
| Letter Ruled mad missabse.
| He said 1t was written nearly two
years before the United States entered
1 the war and had no relation to the
| charge against John OLeary. Judge
Augustus n. Hand. who is presiding at
the trial In the Federal District Court,
ruled the letter to be inadm.ssable
| Tuite had been named in earlier
testimony as having obtained William
II. DAILY. associate OF John OLcary In
| the practice of law, as counsel for Karl
Rodiger. the alleged German spy. Tuite
Explained his part in this transaction
as due TO a misunderstanding.
He said he was called on the tele-
phone by some one to him unknown who
called his attention to news printed that
day that Rodiger had been arrested.
Rodiger needed lawyer. the voice on
the wire said. Tuite understood the
name TO be Rodriguez and identified II
with a man he knew In Porto Rico. He
gave Days name and address to the
lperson on the wire. Later he met DAILY
and told him what he had done. That
! was all he knew about the matter, he
said
The defence put number OF wit
nesses on the stand yesterday to con-
tradict testimony OF Arthur Lyons
principal witness for the Government
Iconnectlng John OLeary with Jere-
miah's flight TO the West as n result
of which all three men were indicted
charged with conspiracy to obstruct
justice.
Among the witnesses who testified
yesterday in support of the alibi given
in detail by jeremiah for his brother
were Miss Frieda Schultz. telephone
operator in the office OF both brothers al
30 Broadway; William II, Daily and
Mrs John O'Leary.
| Much testimony relating to alleged
persecution by Government officials ir
preparing the case against John O'Leary
was given. Miss Schultz. who testified
that John was in his office before
o'clock on the morning OF May when
according to Lyons. he was assisting
jeremiah to catch a train that depa rte6
at 10 o'clock, declared that DIR. BIschoff
an agent of the Department OF Justice
took her roughly" by the arm and lee
her from SO Broadway to the ONCE o.
the Department OF Justice in Park Row
Mrs. John OLeary. whose testimon,
tended to prove that Lyons did not. a!
he testified, spend the night preceding
Jerem!ah's flight at Johns home as
serted that her husband was arrested oil
May rs by an agent of the Department
of Justice who had no warrant. Mr.
Fielder tried to get testimony relating 4
1 the 100000 bail In which John wa!
= held over the objections OF Mr.. Barnes
Fielder Sees FiEurehead.
Mr.. Fielder declared he would prov,
, that the bail was fixed by Mr.. Barne
with Samuel NJ. Hitchcock. United State
Commissioner, as a mere fgurehead. TIL
lawyer declared that previous TO tn
arraignment Mr.. Barnes told Johl
OLeary that unless the accused MAJ
i did certain things the Government
would ask that his bond be fixed a
! $780, 900.
Judge Hand ruled that testimony n
to the attitude OF Government official
was irrelevant. Judge Hand also rule
out questions to Mrs. O'Leary about he
{ servant a woman born in Austria Hun
: gary, whom the defence contends wa
> illegally arrested as An enemy alien an
: committed TO Waverley House as a ma
= | terial witness.
John O'Leary will take the stand I
= his own defence to-day His examina
= ton is likely to be lengthy and It Is nc
: probable that the case will be given [
! the Jury before tomorrow night Nj
Barnes said yesterday he would ca
Henry A. Wise. former United state
attorney. as witness In rebuttal.
| written request by Mr.. Wise to be T,