New-York tribune., 1918-07-10
Counsel in O'Leary
Trial Near Fight
AS Lie Is Passed
Colonel Fielder Invites
Prosecutor Barnes "Out-
side" in Argument
u. S. Closes It's Case
Jeremiah Will Take the Stand
To-day in His Broth
er's Behalf

In session bristling from beginning
TO crd with cmbitAered wrangles and
accusations and taunts, with the word
"liar," flung across the counsel table
and fsticuffs between the opposing az
torneys twice averted by only the mar
rowest margin, the government for the
second time yesterday closed its case
against John J. O'Leary-the defence
for the second time opened up its re
buttal.
jeremiah A. OLeary, the spectacular
Sim Feiner, whose fight John OTeary
is now charged with having conspired
to abet, will once more be brought over
to-day to Judge Augustus N. Hands
branch of the United States District
Court to retel, in his brothers behalf
the tale of his fight.
The fact that all this viii have to
be~gone over again was keen disap-
pointment to the defendant. He had
been hoping for dismissal of the whole
case against him. and for more than
an hour yesterday Colonel Fielder
argued earnestly for this, on the
ground. outlined previously that, by
the governments own showing, the
Conspiracy" to spirit Jerry away had
been formed after the latter had lost
all contact with John.
Thus" said the defending counsel,
"the alleged overt act of this defend
ant was committed so as to have no
connection whatsoever with this So
called conspiracy, and since the gov
ernment has no evidence to the con-
trary to produce, verdict of acquittai
should be directed for this defendant"
Court Decides Its Course
Judge Hand replied that if Colonel
Fielder were right as to the time the
conspiracy was formed this course
would undoubtedly be the correct one.
Put" he said, "the question is on
the whole case, and I think it must be
left to the jury to decide when the con
spracy actually began"
Thereafter Colonel Fielder devoted
mos. of his time TO violent denuncia-
ti0ns of the governments methods thus
far in the case. Earle: in the day the
basis fer personal hoetilities between
the two attorneys had been laid when
the ''shcrt and ugly word" was passed
in connection with the prosecutions in
PRODUCTION of certain documents belong
ing to John O'Leary.
Colonel Fielder declared that these
had been obtained in q raid on the de-
fendant's Office by the Department of
Justice.
''That is false statement" cried Mr..
Barnes hotly.
"What?" roared back the colonel.
"a false statement" repeated the
District Attorney.
You're liar" beloved Colonel
Fielder.
Eoy - rov,on+ ;1n. ,ll a. -
Judge Hand swung sharply about in
his chair and glowered at the two men.
Then very quietly Mr. Barnes began
telling the court Just how the papers
in question had been obtained Colonel
Fielder growled something about "neet-
ing him outside" but to this the prose
cutor paid no attention.
Throughout his opening address
Colonel Fielder took occasion to walk
across and shout remarks at Mr
Barnes and brandish his fist in the
government attorneys face Once,
when the latter rose with an objection
TO the tenor of his adversarys re-
marks, the colonel requested bin. at
least, if he felt obliged to keep jump
ing up and down, not to stand so near
him. For a moment the two men eyed
each other dangerously. Then Mr..
Barnes moved slowly aside and re-
sumed his seat
Aside from the recurrent animosi-
ties OF the two lawyers, the case WAS
enlivened yesterday by a second ap-
pearance of Nine. Nictorica, the al
legged German spy. She was brought
over from Ellis Island and again iden-
tilted as caller in Jerry O'Leary's
office.
The session ended with the first of
the defendants character witnesses
Woman and Two