New-York tribune., 1919-03-22
O'Leary Case Jury
Is Locked Up for
Night; No Verdict
After Delhi bcrating for
Eleven Hours Judge Hand
l. Informed There Is No
Chance for Quick Result
By BRIGGS

The fate of Jeremiah A. O'Lcary,
charged with violating the espionage
act. was still undecided this morning.
After deliberating Tor eleven hours
the jury, which has listened to the
evidence in the case for almost nine
weeks, reported that it was unable to
arrive at decision. and United States
District Court Judge A. N. Hand or
dered that it be locked up for the night
In the custody of Marshal Thomas
D. Mccarthy, the twelve jurors were
taken to the Hotel McAlpin. They will
resume their deliberations this morn
ing.
The jury, after listening to Judge
Hands charge, which consumed a little
less than two hours, retired at :52
a. M Save for the time they spent at
luncheon and at dinner. the men de-
bated the evidence and no message
came to the court from them.
Friends Await Verdict
Throughout the day friends and SYM
pathizers of O'Leary remained in the
courtroom and the corridors of the
Federal Building, waiting for verdict.
When the jury was finally locked up
for the night it was estimated that
there were still more than 100 persons
in the courtroom
Judge Hand had announced Thurs
day that he expected the jury to be
present fifteen or twenty minutes
earlier, so that they could begin their
deliberations without delay after hear
ing his charge The only juror on
time was the foreman
Among those in the courtroom were
OLeary's two little boys, dressed in
sailor blue. sitting on the laps of their
father and mother.
Judge Hand began his charge by
reading score or more Of instruc-
tons. submitted by the defence, ex-
planning to the jury tnat many of them
would be embodied in his own charge.
The questions to be considered, he
said, were whether II conspiracy was
formed. whether two or more Of the
dcfcndants had participated in it, and
whether us purpose was AZ charged in
the Indictment. He described a con.
spiracy rs an agreement to do an
illegal act and said il must be proved
beyond reasonable doubt that two or
more entered such an agreement.
The Case Of AdoIph Stern
Discussing the part that Adolph
Stern, also a defendant, played, Judge
Hand said Stern was a low -salaricd
employc, and could not be held for any
utterance or writing of Jeremiah A.
O'Leary prior to June 10, 1917. the
q.
He told the jury that if they found
that Stern, following that date, had no
thought of obstfucting the recruiting
or enlistment service, or of creating
INSTRUMENTATION in the army or navv.
they should acquit him.
"The defendant" said Judge Hand.
referring to O'Leary, chad the consti
tutlonal right of free speech, except
where he did some act through speech
or publication the natural effect of
which would be to obstruct enlistment
or create mutiny, and with that inten-
ton The law does not hold a man for
every lnadvertent word he may say in
the excitement of a speech"
Judge Hand discussed the meeting at
Suffers Harlem River Park Casino
where O'Leary made a speech in which
he asked men of conscriptable aoe
whether they would fight for England
Witnesses called by the defence and
prosecution differ as to what O'Leary
really did say, so that the Judge said
that it would be necessary for the
Jury to Judge as to the intention of
the speech.
lie then reviewed the arguments Of
attorneys for both sides, and told the
jury they would have to decide the
facts themselves; cautioned them as to
the testimony of Nine. Marie de Vic
torlca, which has been the basis NJ
much contention, and, concludinU
asked them not to be swerved from
thelr duty whatever their sympathies
might be.