The sun. [volume] (New York [N.Y.]) 1916-1920, 1919-04-04
LAWYER SUSPENDED
IN TREASON TRIAL
Thomas j. 0'Neill Urges Post
p0nement and Arouses
Judge Mayer.
Prick CASE GOES ON
Court Calls for Inquiry After
Permitting Attorney
to Continue.


--
In pressing for n postponement OF the
trial Of Albert Paul Fricke. who is
charged with treason. Thomas J. O'Neill.
his counsel. was so persistent yesterday
that he caused Judge julius NJ. Mayer
TO suspend him from practice in the
Federal courts and to direct the United
States Attorney to prepare an order
directing Mr. O'Neill to show cause
why he should not be punished for con-
tempt
The suspension was raised when the
lawyer changed his mind about with
drawing from the case and the con-
tempt proceedings were dropped.
The clash between Judge Mayer and
Mr.. O'Neill was n curtain raiser for the
frst treason trial in this district. Fricke
~ accused OF aiding and harboring the
alleged German spies. Herman Vessels
former second officer on the Imperator.
and Nine. Marie de Nictorica. De Lancey
Nicoll, as special counsel, Is In charge
OF the Governments case. He Is as
sisted by George Winship Taylor, As
sistant United States Attorney.
Lawyer Suspended From Practice.
In earlier proceedings. Judge Mayer
has not concealed impatience with what
appeared to be efforts OF the defence
20 delay a trial. When court convened
yesterday Mr.. O'Neill said.
Your Honor: Before going on with
fhis trial wish to lay before you GER
tain facts. I earnestly ask a brief ad-
5ournment. From March II continuously
until yesterday I was engaged In an
important homicide case. was required
70 be in court UP to tho last minute
to watch over the interests Of my clients
I am worn out 7 am not i'll but my
brain Is so logged that I feel that I
cannot do Justice to the case at this
time. I do not believe that counsel
Tor the Government will oppose a reas-
onbie delay"
AS YOU know. Mr.. o'Neill.' said
Judge Mayer. "a special panel was
drawn In this case once before. 1t was
not used because Of delays. I ordered
this special panel of 800 men with full
understanding that the trial would pro-
coed as soon as your existing engage
ment ended. yielded TO your engage
ment although this case had the right
OF way. Your reason for asking further
delay does not conform to your record.
lou are one Of the busiest trial lawyers
at the bar and are known 10 60 from
one trial to another without delay. Tho
tflal VIII proceed.
The court ordered Mr. O'Neill TO begin
the examination OF talesmen The law
yer said he was unable to do so
DO you withdraw" asked the court.
Il can do nothing else," was the
reply.
Mr.. District Attorney" said the court.
you will ut once prepare and serve
on Mr.. O'Neill papers to show cause why
ne should not be held In contempt. You
Will also lay before the Bar Association
the facts herein so that an Investigation
may be made OF Mr.. o'NeilIs profess
sional conduct suspend Mr.. ONeill
meanwhile from practice in the United
States District Court
Suggests Repayment of Fee,
A moment later. Judge MAYER. adj
dressing Ben A. Matthews, chief OF the
Assistant United States Attorneys. who
mad entered the room, said: 1T may be
tnat the investigation OF the Bar Asso-
citation will ascertain the amount of
the fee paid BY the defendant 10 Mr..
O'Neil."
Your Honor" exclaimed the LAWYER.
my Zee has nothing to do with this
matter. 1 am willing to pay back every
cent OF II. ] am not in contempt OF
court but I Insist that my fee has no
bearing on this incident. ] am ready
to pay 1t back
Very we'll" said the court. per
maps you had better pay it back"
Mr.. O'Neill and Fricke discussed the
situation. The defendant, a little man
or mild manner and deep set, reflective
eyes. appeared to be urging the LAWYER
vigorously Mr. O'Neill finally announced
he would go on with the trial.
Judge Mayer addressed the tale,men
He said that Fricke was charged with
the highest crime known to the law.
He charged that no word spoken during
the discussion over delay should he
permitted TO prejudice the defendants
right to a fair trial. He asked the
talesrnen to dismiss the incident from
their minds
Mr.. o'Neill asked talesmen in regard
20 their feelings toward a naturalized
citizen Of German birth and their ac-
quaintance with counsel for the Govern
ment.
Mr.. Nicoll asked talesmen II they
were or had been mernbers of the
American Truth Society. the Friends of
Peace, the American Socialist Society
and a number o: Irish and German
societies. lie inquired for possible ac-
9uaintance with counsel for the Govern
John J: oLeary. William II. DAILY or
John Gill.
When time came for the noon hour
recess. Mr.. O'Neill's fatigue was so
apparent that Judge Mayer adjourned
the trial to Monday.
-Four tentative Jurors were picked.
Under the Federal system, the compo-
sition OF the jury Is not certain until It
has been accepted by both sides. Tho
defence has twenty challenges the Gov
eminent. six. No challenges were used
yesterday.
It was the opinion that II will take
all Of next week to secure jury