New-York tribune., 1919-02-06
RI. s. Held Back
Evidence, Says
Jerry OLeary
Editor of ''Bull'' Acts as
His Own Attorney and
Charges Unfair Tactics
Declares His Annericanis1n
Denies He Knew Contribu-
tor of $4,000 10 Truth
Society Was a German

jeremiah A. OLeary assumed per-
sonsl command of his own defence
Yesterday before Judge 4. n. Hand in
tbe Federal District Court, where he
is on trial charged with conspiracy to
obstruct the operation of the selective
service act He attacked and demanded
.be immediate punishment of news
nsuer reporters, whom he accused of
writing inaccurate accounts OF the
trial. and bitterly assailed the govern
ment for withholding certain docu-
ments from him which he described as
necessary to his defence.
Mr.. OLeary took up the cross-eX-
animation Of Arthur Wiener, witness
sor the prosecution. who testified on
Tuesday he had turned over $4,000
given to him by DR.. Heinrich Albert,
the German spy and propaganda pay
master, to the American Truth Society.
of which OIeary was president.
During the examination of Wiener
oLeary loudly proclaimed his "Amcri-
csnism" and launched into a savage at
tack on Earl Barnes, Assistant United
States Attorney, and other government
smployes who nave taken part in the
nrosecution. lie charged Mr.. Barnes
was withholding letters of his seized
hv agents of the Department of jus
t;re The defendant explained that by
ons OF these letters he could prove that
st the time DR.. Albert contributed the
& 000 to the American Truth Society
be did not know just who the German
was.
Contempt Rule Demanded
or,earv asked that the government
prosecutor be held in contempt and
that the interrogation of the witness
he suspended until the missing docu-
ment was produced.
at is then the duty of the court
jeremiah O'Leary asserted, "to commit
for contempt those who have DISC
beyed the order cf this court. Justice
cannot be done under these condl-
tions"
aThe District Attorney" said Judge
Hand, "has said that he will do all he
can to locate and produce the papers.
You may proceed with your cross
examination"
jeremiah OLeary obedientlv re-
sumed his examination of Wiener,
seeking to show that the chief interest
Of the American Truth Society was
the United States and not Germany.
The witness acknowledged that it was
through his own efforts that he was
Introduced 20 Jeremiah ,o'Leary. He
was born in Germany, he said. He
sd -
Nofbrauhaus his questioner had de-
clared that America was not interested
IL kings or kaisers.
Admits L. S. Warned Him
The Department Of Justice, he con-
tinued, had warned him against init
macy with jeremiah O'Leary and he
had told officials of that department
that OLeary did not know the source
of the Albert money which he received
for the American Truth Society. The
Federal officials, he said, had always
treated him courteously.
H. Snowden Marshall interrupted
the cross-examination at this point
with an objection, getting the immc-
diate retort from the cross-examiner:
IF you send me 10 Jail for 100 years
have got some rights in this court"
The complaint about the missing
check book, letters and diary was re-
sumed at this point by OLeary, who
said that he couldn't 90 on as he
wished with the cross examination
unless he had them. However, he had
several employees Of the Department
Of Justice who were in court rise to
De Identified by Wiener.
on redirect examination Mr.. Os-
borne developed the fact that Wiener
eid not think he had a copy Of a letter
rom MN TO OLeary concerning which
ae mad testified previously. OLeary
Aad been lnsistent upon the production
0. TINS letter, too, contending that
Then ne first met Wiener he knew
nothing whatever of Albert.
Mari George Frank, a doctor OF phi
.osephy. . member Of the American
Truth Society and a native Germany
9no was naturalizcd in 1915, was The
fext witness called by the prosecution.
was at the Hofbrauhaus meeting,
100, ne said. ana heard O'LearY's aG-
eress, which he did not consider dis
loyal. His own loyalty to America. he
saio. had never been questioned by the
authorities.
vas employed by The American Truth
stoeiety as stenographer in 1916, was
ne only other witness Of the day.
Letters which Mr. Osborne asked
ser TO identity as having been
aictated to her there she recalled only
hsziiy and could not remember
.nether she had written them herself.
AZ Osborne showed her mailing ca-d
.sarlng poem entitled "The Call of
.As BLOOD" signed by Wayne Morris.
Sao asked whether Wayne Morris was
Ssssaemian OLeary's pseudonyme. She
GIG not know, she said.
Calls Poem Un-American.
Inc prosecution holds that the tenor
"c verse on she card ig un-Amer-
I'm and w2s seeking TO show that
Sseremiah OTeary was it's autho~ I'D
,~1 sent IT through the mails. Il was
anAueceesful in itg attempt to do 70
.'usn Ars. Kelly. More documents
w@.o speecnes ny jeremiah OTcary
~ .ds read TO the jury, Arthur OLeary
ts.''hs tssr. that not a word in any Of
and 5'sonei Fielder objected to the books
Dr. v@mpnietg being admitted as evi-
iss,as. iss W the ground that they were
H. sasstial. s'al. lie said he did not zee how
~ prosecution hoped TO prove ANYTHING
bsfore W. mf.1'ngs 81 O'Leary two years
'agrs aTa We entered the var.
ssn,tse nsfe wsre many people in thix
man 49, ~ mar tirne boosting the Ger
@Yss ~sse, sasd the attorney.
mi snapped OLeary, and had
J,s4a " BOOST Germany at that time"
9eyexss. nano then ruled that when the
sydssnen, submitted a document ia