New-York tribune., 1919-02-14
Called
ldealist I'm His
W ar Doctrines
His Freedom Of Speech
Learned From Great
Americans, Says Brother

Declaring Jeremiah OLcary was an
idealist and that he preached the doc
trlnes of Jefferson, Hamilton and Lin
coin, Arthur O'Leary yesterday in the
Federal District Court opened his
brothers defence. He bitterly assailed
the witnesses produced by the prose-
cution and asserted that the defence
would prove perjury was committed
IN weak attempt to convict his
brother O'Leary is on trial before
Judge A. N. Hand and jury charged
with an alleged conspiracy to obstruct
the operation of the selective service
act.
Mr.. OLcary read parts of the in
dlctment and pleaded with the jury to
keep in mind the crime charged. He
pointed out that the original indicting
instrument had contained eight counts,
three of which the prosecution was
forced to ABANDON
Jeremiah O'Lcary is an unfortunate
ldealist," said Arthur. "He was preach
ing the doctrines Of Jefferson, Hamil-
ton and Lincoln, to maintain that free
speech and a free press were as much
part of the Constitution in time of
war as in time of peace, and that IN
less there is liberty at all times there
is no liberty at all"
lie told the jury Of the American
birth and ancestry of the defendan,
and described the youthful fondness
OF his brother for American history
and asserted that ideas formed then
fingered longer than they might in less
sympathetic minds that might have
outgrown them. Thus he explained
the boyhood hatred of Jerry for Great
BRITAIN, which, he said, had never left
him.
Accuses Nine. Gonzales
He declared that the defence would
show that the government produced
Nine Nlctorica as witness, because
unless she testified. she would be de-
med the drugs She craved. He pictured
Nine Gonzales as a perjurer who was
willing to do anything for the govern
ment if she was supplied with infor.
nation to use against her husband.
Mr. OLeary also announced that at the
conclusion of the trial he would ask
the court to have her committed for
pehjury.
He said OLcary had inspired men
OF Irish blood to fight by the side Of
England when we entered the war, and
ne knew that our institutions were
threatened.
"ln closing, gentlemen" he said my
opinion of the governments case IS
expressed by the name of the maga-
zine that brought the defendant here
Bull"
The last witness called by the prose-
cutlon was Russell Bryon, the agent of
the Department of Justice who took
O'Leary in custody at Sara, Washing
ton, after his flight. He said that
O'Leary was living there under the
name of Wells Jerry took charge of
the cross examination.
Did Not Deny Identity
Did deny my dentity?" he asked
NO replied the government agent.
"Dld | not grant everything the gov
ernment asked?"
"Yes"
Did I not register in Portland
hotel under an assumed name at the
request of government agents who did
not want the newspapers to know of
my arrcst?'
yes" replied the witness, and AS
sistant United States Attorney Os
borne rested the governments case.
Arthur l.. Lyons, former law clerk for
Jeremiah OLeary, who was introduced
as government witness on Tuesday.
was recalled at the opening Of the morn
ing session. He was subjected to a