New-York tribune., 1918-06-18
Mind Upset, OLeary's Defence,
Is Hint at Trial of Brother
Intnaon Given That Attempt Will Be Made to Show
jeremiah Fled in Spite of Johns Efo~t
to Hold Him

There was every indication yesterday
defence will attempt to establish the
fact that jeremiah A OIeary was
mentally Ill when he fed, and that he
sought TO escape despite the efforts of
the defendant to make him abandon
the fight and face trial.
This phase of the case was brought
out during the cross examination of
Alexis OLeary, brother of the de-
fendsnt, by Colonel Thomas Fielder, at
torney for the defence. Alexis OLeary
was called to the stand by the prosecu-
tion to establish the fact that there
were several conferences held by Jere-
miah and John O'Leary and Arthur
Lyons prior to the flight of Jeremiah
OLeary. The last Of these conferences
was held on the night of May 6, just
before Jeremiah fed.
From the testimony OF Alexis it ap
peared that whenever jeremiah had
anything to say to Lyons he made
every effort to keep the subject of the
conversations from the witness. Some
of these talks were held in an automo-
bile one block from the home of Jere-
miah OLeary on Jumel Terrace.
Attitude Changes
The prosecution made little headway
with the reluctant witness. When he
was turned over to Colonel Fielder for
discrimination his attitude changed.
The lawyer for the defence dwelt on
the physical condition of jeremiah i'm
~, t,ic
drew from the witness statements that
his brother was nervous" and "in bad
physical condition"
Then Colonel Fielder questioned
Alexis concerning the alleged un-
friendliness between John and Jere
miah. The witness said jeremiah
never visited Johns home because of
his dislike for the latter's wife. He
added that jeremiah had some politi-
cal aspirations of which John approved,
but that jeremiah had failed TO carry
out the plan of campaign and John
was much displeased.
"Did your family approve of Jerry's
activities? Did they approve of his
publishing Bull o" asked Colonel
Fielder.
"No," answered Alexis.
"Tell me what member of the fam
ily--mother, father, brother or sister
approved of Jerry's activities? 2"
"No member Of the family approved
of them"
At this point Colonel Fielder brought
out the fact that Arthur O'Leary. an
other brother, is now lieutenant with
Pershine in France ard that Alexis,
after being rejected by his draft board,
made unsuccessful attempts to enlist.
Jeremiah's Health
In questioning Alexis concerning the
health of Jerry Colonel Fielder asked,
"Was your brother nervous, eXclt-
able man."
"Hc was excitable one minute and
calm the next" answered the witness.
"Did you ever hear DR.. jennings tell
YOUR brother to go out of che city Tor
his health ?"
"Did you understand he was gong
out of the city for rest before his
case came to trial?'
"Yes"
"Were they talking about his going to
the Adirondacks ?"
"They we're talking about it, but he
did not know lis own mind.
Colonel Fielder again turned his
cross examination to Jeremiah's physl-
cal condition when Adrian Groves, a
stenographer, called by the prosecution,
was turned over to him. He made
every effort to establish that Jere-
miah's condition was abnormal for some
time before his fight.
The Rev. Patrick O'Donnell, Jeremiah
OLeary's confessor, who is pastor Of
the Church of St. Francis de Sales,
Ninety-sixth Street, near Lexington
Avenue. was the next witness called by
the government. Under examination by
the prosecution he told of visit Jere-