The sun. [volume] (New York [N.Y.]) 1916-1920, 1919-03-01
Prisoner Calls His Counsel
Dixie Rebel, Self Patriot
and Press a Liar.
DENIES HE GOT MONEY
Opinions on International
Problems and Americanism
Offered at Trial.

told the jury he was convinced he had
been singled out for prosecution by the
Department OF Justice at the instigation
OF President Wilson himself. The de-
fendant who is facing charges of viola
tion Of the espionage act said that he
felt that his political activities In 1915
were partially responsible for his pres
ent plight
II was convinced of that" O'Leary
explained. because in 1916 as Demo-
GRAFT 1 had taken an Independent stand
and supported Mr.. Hughes In the Presi-
Dental campaign and In my speeches
DID not mince words. but hit straight
from the shoulder"
The defendant spent the entire day on
the witness stand. He told in consider
able detail Of his association with the
Bull Publishing Company and the Amer
lean Truth Society and from time to
time gave his own opinions on internal
tonal questions and his own ideas on
Americanism. He touched on President
Wilson's fourteen points. the subject of
foreign loans and relations. got in his
customary fling at the prejudiced press
and before the day was over had called
Thomas b. Fielder, the lawyer who is
defending him under appointment by the
court, Southern rebel. The latter in
cident was allowed to pass unnoticed.
When It appeared Mr. Fielder might re-
sent the remark Judge Hand obligingly
announced a five minute recess and when
that was over the gathering storm clouds
had blown away and Mr.. Fielder was
laughing.
O'Leary Clashes With Counsel.
o'Leary began the day by telling OF
the difficulty he experienced in obtaining
counsel to defend him. Led by Mr.
Fielder. he told of q meeting between the
two at O'Leary's home at which the
matter was discussed. 1t was then that
O'Leary explained that lie thought his
prosecution was the result of Presiden-
tial influence.
Didn't I tell you that the President
would not be guilty OF any bias or predu-
partment of Justice agoing after any
citizen and that you would get a fair
trial?' asked Mr.. Fielder.
Yes, and you also referred to his fail
ure as n lawyer in Atlanta" replied
O'Leary.
well, he's a success now. isn't he?"
The defendant nodded and smiled.
Mr.. Fielder asked the witness what he
had said on that same occasion about
Attorney-General Gregory.
THE Attorney-General has gone out
OF office and ] don't care to add to his
discontinue" replied OLeary. adding.
but don't mind saying this. and will
tell 1t to you for the first time. that
when you were first assigned to this case
and because you and the Attorney-Gen-
eral were both Southerners regarded
YOU with suspicion. There Is greater
ciannishness among Southerners than
there is among any Irish"
The reply caused OLeary's counsel to
Inquire whether the defendants sus-
p'cions Of him were removed. II am
proud to say they are" O'Leary said
with a wan smile. The case proceeded
from this point with OLeury repeating
In substance the testimony he gave at
the trial OF his brother John, including
the particulars of his flight to the West
before his own case was TO come to trial
Regarding the Irish bazaar held in
1917 OLeary said the money that was
realized was sent to Ireland TO be eX-
pended under the supervision of Gen.
Maxwell. the British General command
ing in Ireland at the time, and the
Archbishop Of Dublin in cooperation
with every political element in Dublin r-
respective of their attitude on the Irish
question. The witness denied emphat-
ically there was ever any question of on
position OF the draft in the minds of
those who had the Irish bazaar in charge,
with the possible exception, he said. OF
Mrs. Gonzales. who was witness for
the Government. At this point OLeary
explained:
Let me say here that II l had been
opposed to the draft I would have said
SO. II have opinions l express them
If I had any idea of inspiring mutiny
Il
and writings Of mine wide and long
enough to convict me without the aid
of any such testimony as that of Mrs
Gonzales" The latter testified that she
was worker at the bazaar and got
the impression that it was held to OPP
pose the draft
At Variance Again.
Mr.. Fielder took up the question then
of the proposed public forum that was
to have been held on May 16. 1915, tc
discuss the responsibility for the sink
ing of the Lusitania. He wanted &c
put in evidence copy of morning
newspaper that published a copy OF q
statement issued by OLeary when the
affair was called off, but OLeary OBJ
jected to its introduction.
Mr.. Fielder remarked to the court:
my distinguished client and myself
are at variance again. Why he doesn't
want that paper put in evidence don't
know"
oLeary said he didn't like newspaper.
In evidence, anyway.
Counsel questioned O'Leary about hi,
telegl am to President Wilson during the
1916 campaign and the Presidents re-
ply, in which he said that as O'LearS
had access TO a great many disloyal per
sons and he had not lie would Zee
deeply mortified to have the vote o.
OLeary or any one like him.
dozen or more men In uniform who have
testified for OLeary. "Were these scn'
| OF the disloyal people alluded tor"
They were among the people wht
gave 10000 majority in New York
so. 900 in Massachusetts,. $1,000 in Con
necticut and 10000 in Pennsylvania
against Mr.. Wilson. replied o'Leary.
OLeary explained his attitude OF op
position on the matter of loans to for
eign countries. especially England. hat
been reached after he became convinced
that 1t was a question OF everything
for England and nothing for the United
States. He thought that II Englant
needed money she should have sold
strip of territory along the Pacific coas
of British Columbia that would hav'
connected Alaska with the American
Northwest
Asked regarding the matter of the ex
portation of munitions OLeGry said tina
his attitude on this question was base'
on two principles He did not like t.
zee German Americans gagged in worl
that might bring death or sorrow Il
other German Americans who nigh
have relatives killed in Europe. He toll
- two acquaintance who committed
fuicijs for Just such n reason. Tn
othe. eason, he said. was because Eng
land shipped munitions 70 the Soutl