The sun. [volume] (New York [N.Y.]) 1916-1920, 1918-07-12
JEREO'LEARY SAYS
LYONS URGED TRIP
Weakened Condition Caused
Him to Yield to Persuasion
of Employee.
TESTIFIES FOR BROTHER
Alleged Traitors Story Con-
tradicts That Of Govern
ment Witness.

jeremiah A O'Leary. a prisoner in
cused conspirator with German spies
against his country. went on the stand
yesterday in defence OF his brother John
at the trial before Judge Augustus N.
Hand and Jury in the Federal District
Court The Government asserts that
when jeremiah fed from New York be-
fore the date OF his trial as publisher
Of the alleged seditious Bun he was as
sisted by John O'Leary.
Jeremiah's story fatty contradicted
that Of Arthur Lyons wherever state
ments OF Lyons involved John in the
alleged conspiracy to obstruct justice.
Lyons accompanied jeremiah on the
journey to the Pacific coast and returned
to be arrested and become the principal
witness for the Government. Earl Il
Barnes, Assistant United States Attor-
ney. told the jury that the Governments
case had Lyons story as the foundation
upon which 1t must stand or fall.
Planned TO Go to Adirondack.
jeremiah pictured Lyons as the NOV
ing spirit of the adventure that led to
the indictment of John. He said that
after he left the hospital where he was
operated on for appendicitis in April he
planned to go to the Adirondacks to re-
cuperate.
That plan remained with him. he said,
right up to the morning Of May Z.
when he babe John good-by in their
{nip NJ K lxyn II hal IN
the idea, he asserted despite the urging
OF Lyons. an Investigator employed by
him, that he go to Reno. New, to try
the annulment suit of Klieet vs. Kliest
He yielded to Lyons's wishes only after
they had parted from John and were
on their way up town to Jeremiah's home
in Washington Heights.
jeremiah described tho controversy
with Lyons in deta!l-the conversation
In the subway. the INDIGESTION that led
him TO leave the train at the Grand
Central Station and the walk west across
Forty-second street, when Lyons told
him he had purchased tickets for n sec
ton on a train leaving the Pennsylvania
Station at 10 o'clock that morning for
Sc. Louis. Lyons had testified that John
O'Leary bought the railroad tickets.
Guided by friendly counsel, jeremiah
described his submission to the wishes
OF an employee as due TO physical weak
ness following his operation, to lack OF
sleep on the preceding night and 10
mental unrest due to the Bull case
Did Not Intend to Flee.
When he left New York. OLeary as
serted. he had no intention OF becoming
n fugitive from justice. He had been
in Reno. he said. and knew that it was
quiet city. where 1t would be possible
to find restful surroundings. the need
OF which had directed his thoughts
toward the Adirondacks. He had in
structed John, Jeremiah said. to try to
have his trial postponed from the date
set. May 90. but he intended to be in
court when the trial was called.
O'Leary's story OF the events OF the
preceding night differed radically from
that told by Lyons on the stand. Lyons
had pictured O'Leary in a delirium OF
rage, violently denouncing the Govern
ment for prosecuting him. LYONS said
that OLeary had referred to Nine Vic
torica and that damned Dutch women"
as a party to the Governments efforts.
This testimony was considered important
as supplying a motive for Jeremiahs
flight Nine. Victorica was arrested on
May l and later indicted with jeremiah
and others on treason and espionage
charges.
O'I.eary testified that he was composed
the night he visited the rectory of the
Rev. Patrick O'Donnell in Ninety-sixth
street. when he went with the priest
to his own home in Jumel Terrace and
later to Johns home In Brooklyn. where
he went to bed but did not sleep.
Questioned About IIysteri,.
Lyons said that Father ODonell and
John both found difficulty in restraining
Jeremiah's hysterical outbursts. In re-
gard to this Thomas b. Fielder, counsel
for John OLeary asked:
did you use any cuss words
What! In the presence of n priest? -
replied the witness in an expressive tone
of reproach that seemed spontaneous.
Was anything said about you going
far away Or anything about n damn
Dutch woman or anything like that"
II don't think we talked about the
case. We may have. but i doubt it."
While being examined in relation to a
talk May with William II. DAILY. a law
yer associated with John O'Leary. Jere-
miah said he learned for the first time
that the American Truth Society OF
which he was president, was under in
dctmeEt. The society was named in a
superseding Indictment found in the Bun
case while the witness was fugitive.
O'Leary appeared interested by tho in
formation. but It did not interrupt the
easy flow of explanation and comment
which came rom his lips.
O'Leary said that ne asked DAILY to
hire canvassers to inquire among mem
bers of the American Truth Society as
TO the number of members of their fami-
lies who had entered the army. The
object of this was to provide defence
for the charge against the BuH de-
PENDANTS OF obstructing recruiting. The
canvass, he said, was made necessary
because the only accurate list OF mem
bers was in possession Of the Govern
ment.
o'Leary said that he had given his
time to the Irish question because of his
conviction that the United States should
act toward Ireland ~ It had toward
Cuba and as 1t had promised to act
toward the Philippines. He said that
he had received no return either in fees
or expense reimhursements for lectur.
ing. Asked IL he hated Britishers. he
replied ernphatically in the negative
He declared that the invasion Of Bel
GUM was a European matter that did
not call for Intervention by the United
States. The sinking OF the Lusitania
was not justihable. In his opinion.
jeremiah was under direct examina-
ton yesterday from II O'Clock In the
morning until the close of the after
noon session. He will go on the stand
again this morning. His counsel indi-
Gated that the direct examination was
nearly over. Cross-examination by
Earl II. Barnes. Assistant United states
Attorney, will take most OF to-day. The
trial a nnpars certain TO Rb over IN uext