The sun. [volume] (New York [N.Y.]) 1916-1920, 1919-02-28

not have permitted any violation OF the
law by any person under my control"
Regarding his trips to Long Beach
OLeary said that the first time he was
there was in 1915 and that the only
two occasions he had been there since
was on the evening of his birthday on
July 20. 1917. when he and his wife ac-
companied by a Mr.. and Mrs. Meehan
motored TO the resort for dinner, and
again some time later between that date
and before August 3 when he went down
with a party OF ten or twelve men to
discuss the municipal situation.
Denies Seeing Nine. victorica.
oLeary could only remember in this
party John d. Moore. Edward Moore
Joseph Frey. Richard Dalton and John
Gill. He answered Never" to repeated
questions as to whether he ever saw
Nine. Victorica or Robinson at Long
Beach. He denied with equal emphasis
any knowledge of the location of HON.
mans Inn, where Nine. Victorica said
she received her report Of Robinson's
trip to Europe while O'Leary paced the
floor and waited short distance away.
were under investigation by the Depart
ment OF Justice?' Mr.. Fielder asked OF
O'Leary.
"since the spring Of 1915 there hasn't
been a German alien or agent that has
como into the tolls of the Department
OF Justice who has not had his liberty
offered him In a trade for mine," re-
sponded the witness.
referring again to the publication
BuH Mr.. Fielder asked O'Leary about
the number Of copies that were sold.
OLeary stated that the magazine had
started in a small way with circula-
tion Of about 1000 In March, 1916 that
this had grown to about 10000 In
year, and that despite the fact that the
September number OF 1917 was barred
from the mails the October circulation
was $4,000 and might have been 100000
II the facilities had been available.
OLeary was asked what efforts he
had made to obtain counsel following
his Indictment. He said he consulted
William NJ. X. Olcott. who consented al
first to take his case, but that he after
ward withdrew, explaining that the
members OF his firm had held meet
ing and decided that In view OF the
strong prejudice existing and the atti-
tude of the newspapers they felt II would
be better for them not TO be associated
In the case.
O'Leary Scores Government.
John NJ. Boyle, another lawyer, de-
clned for the same reason. O'Leary said.
and finally II was decided to engage
Henry A Wise, former United states
Attorney Mr.. Vice told O'Leary, ac-
cording to his testimony. that he had
clean hands and that his prosecution was
an outrage. O'Leary scored the methods
of the Government alleging that when
he went voluntarily before the Grand
Jury he was confronted by a gallery OF
invest gators and Assistant District At
torneys, some Of whom he thought had
no right to be in the Grand Jury room.
'I didn't know whether II was Grand
Jury proceeding or baseball game" he
said.
The next most important witness yes-
terday was ]. kyillard Robinson, the
man Nine. Victorica declares oLesry
provided TO go to Holland and who is
under indictment for treason in that con-
nection. Robnson's testimony. however.
was OF doubtful value to the defence and
apparently disappointment. Robinson
created something OF a sensation in court
by appearing accompan'e ed by former
District Attorney William Travers
Jerome as counsel. After repeatedly de-
clining to answer any questions regard
ing his trip to Europe Robinson said to
Assistant United States Attorney James
W. Osborne I'd:
II am acting under my rights. Mr.. o.
borne. ] am not afraid to answer you.
and will answer at the proper time. but
/ will not answer now because have no
faith in the Department OF Justice as At
present constituted and an answer might
tend to incriminate me whether Justly or
not under the ~maladministration of the
Department OF Justice"
His only definite statement was a de-
| NAL that he had ever in his life seen
Nine. Victorica prior to his indictment
James A. Delehantv. former Judge OF
the Court of General Sessions. and Pat
rick ]. Conway. president OF the Eish
American club whore character witnesses
/ for O'Ieary. and F'rieda f. Bieeher. a
| former clerk in the defendants law
Office. identified letter written by
! O'Leary in July. 1917, to the American
Red Cross enclosing a check for 800.