The sun. [volume] (New York [N.Y.]) 1916-1920, 1919-02-28
O'LEARY INSISTS
HE NEVER TRIED
TO OPPOSE WAR
Tells Life Story; Says He
Suppressed Bull" of His
Own VOlitiOn
NEVER KNEW vICTORICA
Irish Agitator Clashes With
Counsel as Treason Trial
Is Nearing It's End.


Is Nearing It's End.
jeremiah A. O'Leary. on trial before
Federal Judge Augustus N. Hand for
alleged violation Of the espionage act.
took the stand in his own defence yes
tef6ay afternoon and protested that had
he any suspicion that he or the Bull
Publishing Company. indicted with him.
violated the law in publishing the mat
ter upon which the Government bases
is case he would have torn the maya
zine to pieces and thrown 1t into the
aewer.
The defence played two OF its trump
from the Post Office Department show
ing that the second class mailing privi-
lege of the Bull Publishing Company
was revoked because the periodical was
rot a newspaper within the meaning
II the law and was not published al
regular intervals O'Leary swore that
the reason stated in the letters pro-
duced was the only one ever stated to
him by any official OF the Post Once
Department for the exclusion OF Bull
from the mails.
o'Leary also swore that he had been
st the Hotel Nassau. Long Beach. only
three times In his life and never dur
ing the month OF September. when the
Government contends he was there at
the sarne time Nine. Nictorlca. the con-
feeeed German agent, was a guest there.
O'Leary swore positively that he never
saw Nine. 'Vlctorca in Long Beach or
7. Willard Robinson. who. Nine. Vic
torica swore, she sent on a secret mis-
sior to the German Consul-General at
Amsterdam.
osLeary Clashes with Lawyer.
For the most part throughout the tes-
umony O'Leary gave his answers with
GOODNESS and deliberatlon. occasionally
he would embark upon speech of
explanation and insist on giving his an
Hwers in his own way even when
Thomas B. Fielder. his counsel, sought TO
lead him.
O'Leary's appearance on the stand
followed what threatened to become an
open break between Mr. Fielder and him
self. The defence had planned to call
Two score or more witnesses 70 cover
ground that has already been gone over
dozen or more times, Mr.. Fielder pro-
'ested and asked the court to direct that
no assume the control OF the witnesses
'or the balance of the trial
O'Leary objected to this suggestion
Tor time. Il think 1 know what / an,
ioing." said Mr.. Fielder. II was young
man when started this trial. but l. am
getting old now John j. O'Leary
agreed that the case might be expedited
ny eliminating some OF the witnesses
and jeremiah without further protest
aHcended the witness chair
The defendant gave a long account NJ
his personal history, telling OF his physL
cal ailments and finally leading up 70
the evening Of August II, 1917, when he
made an address before meeting in
Suffers Harlem River Casino. three
1hree months prior to his original indict-
rnent He said that his condition was
brought about by overwork in connec.
ton with his legal practice and his
activities In the management of Bul
md In politics.
He told the jury that on the night he
spoke In Sulzer's Casino he was a very
sick man and had TO be carried from
the stage. He said that for the next tive
weeks he was under a Doctors care ana
only left his home occasionally TO go &c
some of the street meetings held by tn,
Friends of Irish Freedom, or possibly tc
baseball game.
Tells of Visit to Canada.
On Saturday. September !. the defend
Int said. he left with hts family on al
automobile trip to Montreal where h,
stayed at the Windsor Hotel for few
lays. returning I'm easy stages by wa,
OF the Adirondacks and arriving in New
York again about October or 5.
did you register under your owr
name at the Windsor Hotel7" OLear,
was asked.
II am not sure he answered 81 ma,
have used an assumed name. Montrea
Is In British territory. and If the author
ties had known that jeremiah A
O'Leary was there Mrs. O'Leary Nigh
have been without husband"
The defendant said that when he re-
'urned to New York h" felt much re
sreshed and had a new vision q
things"
THE first thing did after learning o
the attitude Of the Post Ofiicc authorize
was to stop the publication of BuH." h,
testified. II read a statement of Post
master General Bureson to the effec
that certain magazines were obstructln,
the war. Those words 'Obstructing tn
var stuck in my head ordered publ
alton suspended and sent a statemen
20 that effect to tho newspapers, an,
hey printed II. but they didn't give m
my credit for It. They ridiculed mo an,
sneered.'
MIR. Fielder produced two letters from
The Post Office Department one date,
August II. 1917, fixing the date. Angus
8. as hearing day for the publishers o
3yIr 20 show. "ause VII She'r-r ecuu.
CLASS mailing privilege should not be re
voked. The second letter, dated Angus
II. was the formal notice OF the revoca
ZION OF the privilege because II appeared
he letter said, from the evidence pro
luced that the magazine was not a news
PAPER within the meaning OF the Law
nd that 1t was not published OF regula
intervals. O'Leary testified that hi
'rother John had gone to Washington t.
present the case Of BrH at the hearing
Never Knew He Violated Inv.
well" asked Mr.. Fielder did yo
yer know OF any other reason eNccp
hat stated in the letter have read 70
excluding bun from the mails?"
''No."
up to that time and FOR considerable
time thereafter did the postmaster O
my official OF the Post Office Depart
.nent give YOU any reason for the excIu
zion except the one given in this letter =?
mo"
'You contended that the magazln
vas regularly issued?'
YES We got 1t out every month"
but the Postmaster General foun
that IT wasn't regularly issued?"
Yes"
TO test the question you institute
equity proceedings. did you note"
Yes. The Bull Publishing Compan