The sun. [volume] (New York [N.Y.]) 1916-1920, 1919-03-24
!0'LEARY WINS
NEARACQUITTAL
IN LONG FIGHT
After Nine Weeks Jury
Finds Not Guilty Verdict
on Big Points.
DISAGREE ON 1 COUNT
SO Hours DeliberatiOn Fail
to Convince All of His
Innocence.
ADOLPH STERN FREED
Brother Of Man Accused Under
Espionage Law Calls 1t
Victory.
DISAGREE ON 1 COUNT
ADOLPH STERN FREED

jeremiah A. O'Leary. the American
Truth Society and the Bull Publishing
Company won O four-fifths acquittal
yesterday Of the charge OF violating the
espionage law from the jury which had
heard the evidence in the case for nine
weeks and had deliberated upon Il for
the record breaking period OF afty-three
hours Adolf Stern won a complete ac-
quittal.
There were eight counts in the indict-
ment. Three OF them. Nos. I. 6 and 8.
were eliminated from consideration by
a ruling OF the court. or the five which
were considered the jury found itself
unable to agree on No. Z. which dealt
with matter published in Bull and al
legged to be seditious. The vote was said
to have been to for acquittal. on
counts l, 2, 3 and 5 O'Leary and the CO.
defendants were found not guilty.
John O'Leary, brother OF the defen-
dant. called It a victory for the defence
and a virdication OF jeremiah O'Leary's
faith in American justice"
Jury Seeks Light.
The twelve jurymen who had listened
to the great mass Of evidence and testi-
mony brought forth during tho nine
weeks trial arrived at the Federal
Building from the Hotel McAlpin where
they had spent the night. at 1915 yes-
terday morning. jeremiah and John
O'Leary had entered shortly after >
o'clock. at which time the first OF the
group of friends who have attended the
trial day after day put In an appear
ance. BY IL o'clock the court room was
well filled, while many remained out in
the corridors during the long hours OF
waiting for the verdict.
Judge Hand had not arrived when the
jurymen we're taken to n jury room and
there was no evidence at that time that
they had come to an agreement At IL
o'clock the jury entered tho court room
with the request that Judge Hand give
the meaning OF the word intent" as
used in the law and elucidation of the
rule of circumstantial evidence as laid
down in his charge. Judge Hand went
over the ground he had covered and then
Foreman Ernest r. Hunter rose to ask
to what extent O'Leary had had tho
right of free speech prior 10 the pas,
sage of the espionage law and II no in
tent to break the law were shown be-
yond reasonable doubt what verdict
should be rendered.
Judge Hand replied that before the
passage OF the law in question the do
fendant had enjoyed the right of free
speech and freedom OF the press to an
unlimited extent and that his utter
ances before it's passage were adinis-
sible in evidence only as indicative OF
such purpose as he might have in mind
after its passage MS well as before. Even
after the laws passage, said the court,
the defendant had the right to criticize
the Government and Government Off
cials as he saw fit so long az his utter
ances had not the natural and neces-
sary effect OF causing insurrection or
interference with enlistments. Judge
Hand declared that unless the jury was
satisfied beyond reasonable doubt that
such was the effect Of the derenda Mt 's
utterances he could not he convicted.
Stern Acquitted on All Charges.
The jury then retired and It was not
until 5:i7 that they again filed into
the court room. The defendant and Mrs
O'Leary sat close together. both very
nervous and showing evidence of the
suspense and anxiety. After the usual
preliminaries Foreman Hunter declared
that the jury was prepared TO render a
verdict upon but one OF the defendants,
6
nous decision upon the others He said
that there had been absolutely no devia-
ton in the vote. The court asked the
jury II they were convinced that they
could not reach unanimous agreement
on any but one OF the defendants. The
jury chorused Yes" Foreman Hunter
then said that Stern had been acquitted
on all charges.
"Are SOU able To- agrde concerning
the other defendants on all the counts?"
the court asked. The jury testified that
they agreed on some Of the counts, and
after soTne further questioning 1t was
established that Count was the only
point upon which they could not give
unanimous verdict.
Judge Hand, in discharging the fury.
said that he wished to thank them for
their whole hearted and conscientious
attention during the long weeks of the
trial and in recognition OF their good
work he absolved them from jury duty
service for n period of four years,
O'Leary. who is still under indictment.
then asked the court If he might be
released on bail. but was told that the
court had no power to do that on a
Sunday. The defendant thanked Judge
Hand for his splendid handling OF the
case and at exactly 6 O'Clock the court
was adjourned
O'Leary said later that he would make
a statement to-day.