The sun. [volume] (New York [N.Y.]) 1916-1920, 1919-03-18
BRANDS ,O'LEARY AS
PRO-GERMAN AGENT
Osborne Says Defendant Tried
to Hide DislOyalty Under
Irish Gulse.
HE SUMS UP AT TRIAL
Jeremiah's Brother, Arthur,
Pleads for Him as Being
4" Target of Abuse.
HE SUMS UP AT TRIAL

James w. Osborne I'd Assistant
1 the Government yesterday at the trial
OF jeremiah A OLeary. Adolph Stern
and the American Truth Society before
Judge a. n. Hand and jury in the
Federal District Court. The defendants
are accused OF conspiring to violate the
espionage law because OF an anu-war
campaign in Bull in the summer OF 1917.
Mr.. Osborne called o'Leary a man who
had attacked the Government and then
protested when indicted that he had not
meant to be disloyal. He described the
principal defendant as pro-German
who tried In the trial TO cover his
activities behind the cause OF freedom Of
ireland. t
The defendant has tried to create a
false Issue for this case" said Mr.
Osborne. Nobody but an IDIOT, a Ger
man agent or German propagandist be-
lieved that a sohism could be created
among the Irish OF this country. Car
dinal Gibbons, the most illustrious Of
ohurchmen, advocated the firm prosecu-
ton Of the war. i
Pro-German Associations.
Before the United States entered the
war the defendants every act was in
the interest OF Germany. His asso-
ciates were persons having German in
terests at heart. 1t was no crime then
but he engaged in the same activities
and associated with the same crowd
after we entered the war Every writ
ten word of his was In aid of THE Ger
man cause
There isn't any Irish issue In this
case. That has been brought in to take
your minds off the real facts"
Mr.. Osborne said that the member
ship list or the American Truth Society
or which OLeary was president, read
like Berlin telephone book. He said
that when the defendant declared that
his prosecution was part of conspiracy
headed by President Wilson he took adj
vantage OF the protection of the court to
mako charge he would not otherwise
have dared to make.
Mr.. Osborne read long excerpts from
the Issues of Bun that led to the indict-
ment. He read from pamphlet in
which the course OF Germany in sinking
the Lusitania was defended. He said
that this pamphlet, the title of which
was who Wants War" was adyer-
tised In two numbers of Bun. In asking
for conviction Mr.. Osborne said:
The only thing the Government asks
you to do is to take this case. give II
your best judgment. decide according to
the evidence after careful consideration
and render a verdict that you know in
your conscience is an absolutely just and
impartial verdict. verdict according to
law. verdict demanded by the evil
dence"
Arthur O'Leary Speaks.
Mr.. Osborne spoke first by special
arrangement. He was followed by
Arthur OLeary. counsel for the Amer
lean Truth Society William r. DAILY.
counsel for Adolph Stern, and Thomas
r. Fielder. counsel for jeremiah O'Leary.
will be followed by H. Snowden Mar
shall, special counsel for the Govern
ment. Judge Hand limited each side to
nine hours. Mr.. Osborne spoke for four
hours.
The summations will not be finished
until Tomorrow and it Is not likely that
the case will go TO the Jury before
Thursday.
Arthur O'Leary asserted that the Cow
eminent had spent 100000 in prepare
tion for the trial, had sent to France
and Nova Scotia for evidence and raided
lawyers offices. He said that the re-
suits acquired In the way OF evidence
showed only that German money HAD
been contributed anonymously to the
Americsn Truth Society before the
United States entered the war.
Referring to his brother Arthur
OLeary said: This defendant has been
crrcified before public opinion as no man
has been in a long time. He has been
the victim OF libels for years. His
spec ches have been distorted. He was
used as mark in the 1915 campaign
between Mr.. Hughes and Mr. Wilson.
He was used as an exhibit in the May
orally campaign OF 1917. He has been
advertised from one end OF the country
oIthsi other as a pro-German"
,ASthur OLeary said that II was not
for the jury TO give consideration to
testimony about anonymous German con-
tributions to the American Truth Soci-
ETY., but solely whether the defendants
with intent set out to obstruct recruiting
and injure the service of the United
states as charged in the Indictment.