The sun. [volume] (New York [N.Y.]) 1916-1920, 1918-07-11
O'LEARYS LOYAL,
COHALAN TESTIFIES
Surrogate, as Witness for
John, Says jeremiah
Wanted to Enlist.
ENGLAND ANCIENT ENEMY
Brother Of Accused Man, in
American Uniform, Also
on Stand.

is on trial before Judge Augustus "
Hand and jury in the Federal District
Court charged with aiding his brother
jeremiah to obstruct Justice, vouched
yesterday for the loyalty Of both broth
ers and as an advocate OF freedom for
Ireland explained his own attitude to-
ward the United States and It's allies
at war with Germany.
Surrogate Cohalan was cross-examined
by Earl b. Barnes. Assistant United
States Attorney. The witness was asked
his opinion of Jeremiah's loyalty.
II have a very high opinion Of Jere-
miah OLeary's loyalty" he answered.
Il believe Jerry to be absolutely loyal to
the United States and every one of its
institutions. I have had many talks
with him and my opinion of him is
based on those talks rather than on
newspaper versions of his activities"
DO you believe he Is, more loyal to
the United States than to Ireland?" Mr.
Barnes asked.
II know he t."
England an "Ancient Enemy"
take-tt that you are a member OF
societies which are working for Irish
freedomT'
III you take It that way. you are dead
wrong. 1 belong to no Irish societies
not that I am not in sympathy with
Irish freedom"
Are you opposed TO Great BritainT'
THAT does not enter into the question.
When Germany and Great Britain went
to war I hoped that Germany would
beat England because she Is the ancient
enemy of my race and people. When
the United States entered the war there
was no room for any choice I am for
America first. last and all the time. II
the devil himself were an ally Of Amer
lea I would be for the devil"
Surrogate Cohalan said he had never
read BuH He said that jeremiah told
him once that he would like to enlist in
the army. Mr.. Barnes tried to have the
witness fix specific time when Jere-
miah expressed such a desire. and the
reason for his persistence In this EFFORT
was not apparent at the moment. The
witness refused to fix a date. He said
1t was at the time that Arthur T.
O'Leary. brother of jeremiah and a
lawyer In the Surrogates' office, came
to him and asked him IL he had any
objection to his entering the army.
Arthur obtained a commission as Second
Lieutenant IN the aviation SOTpb anu
was a witness in uniform yesterday.
why Jerry Didn't Enlist.
Surrogate Cohalan said he told Arthur
to go ahead and enter the army. After
ward, he said. he discussed the matter
with Jeremiah and the latter told him
that II 1t were not for his poor health
and large family he would volunteer.
xl,.t At
with jeremiah was before or after
August Of last year," asked Mr. Barnes.
Il would not like to try to pin myself
down to a date" said tho witness.
Mr.. Barnes then produced a letter
which was written to Bernard H. Ridder.
president Of the Staots-Zeituno, by
jeremiah O'Leary. It was dated August
9. 1917. Mr.. Barnes with dramatic en-
phasis read the following paragraph
from the letter:
Patriotic! would go to hell for
my country. That is why am fighting
with you now and fighting the British
propagandists. but I would take a gun
and shoot myself before I would fight
alongside any British-in France"
"Punch" for "Staats-ZeitunR."
Does that read like a loyal utter
ance?" asked Mr.. Barnes
mo, do not think 1t does" admitted
the Surrogate with none OF the aggres-
siveness that had marked his manner on
the stand up to the point where the let
ter was produced.
The letter from which Mr.. Barnes
selected the paragraph quoted figured in
litigation at the time Bull was excluded
from the malls. II was written by
O'Leary as a protest against Bernard
Riders action in resigning from the
American Truth Society. of which Jere-
miah O'Leary was president OLeary
advised Ridder to study Bun for Ameri-
can ideas and put the punch in your
editorials"
Arthur T. O'Leary, who testified that
when 35 years old he applied for and
received a commission as second lieu-
tenant in the Aviation Corps, said that
January 10 when he entered the army
he gave. with the agreement Of his wife.
power OF attorney to John O'Ieary.
This testimony was offered to offset the
power OF attorney which jeremiah gave
to John three days before he fed from
New York and which was set down as an
overt act in the Indictment upon which
John is being tried.
Lieut.. O'Leary testified that with his
wife he attended a large family party
at the home Of his parents, Mr.. and
Mrs. Daniel O'Leary. on Sunday night,
May 5. This was two days before Jere-
miah left the city. Jeremiah and his
wife and children were there. There were
music and games for the children, Ar
thur said, and nothing was said about
an impending departure Of jeremiah.
Lieut. O'Leary eaid that with other
members OF the family he disapproved of
the political activities Of jeremiah and
particularly his publication of BuH He
said that prior to Jeremiah's indictment
on a charge of conspiring to violate the
espionage act in Bull the relations be-
tween John and Jeremiah were generally
estranged. He was asked the reason for
this and replied. ITS a long story and
there are many reasons why It is not
nece ssary to go into It"
jeremiah O'Leary was at the Federal
Building most of yesterday waiting to
go on the stand. The defence was not
ready for him. however. until the end
of the day and then his exa mination was
put over to begin this morning.
Nine. Marie de Vlctorlca and Karl
Rodiger. the alleged German spies in
dioted with Jeremiah OLeary on trea-
son and espionage charges. were also
kept at the Federal Building all of yes
terday on subpenas calling for their