New-York tribune., 1919-03-24

seven are grouped together, and We
would like to be advised on that point
before verdict is hnished."
Each count" answered Judge Hand
Us a separate count and stands alone
You must pass on each separately"
"Ihen," answered the foreman, after
having requested permission to con-
Ter with the jury once more, 1--WE wish
to say that we agree on three and
five, and that it is on count seven
alone that we have been divided all the
time"
Judge Hand asked the lawyers for
both sides whether they agreed that
1T was useless to send the jury back
for further deliberations. and. receiv-
ing an answer in the affirmative, dis
charged the jury with thanks, an
nouncing that the jurors "were excused
from jury service for four years."
All this time OLeary had sat at the
defence table, his wife by his side,
with broad smile on his face. While
the jury was making its constant
changes OLeary's face changed grad
ually from a bitter look to one that was
happy. The face Of his wife was
radiant
Judge Halts OLeary
just before the weary jurors left the
room, O'Leary stood up and said to
Judge Hand, "Your honor, there is
one matter wish to speak of now. 1t
is very serious matter to me. l have
been locked up in the Tombs for nine
months, have been tried on an indict~
ment and acquitted on four-fifths of
it"
"Mr. O'Leary," Judge Hand broke in
humorously, "the only matter am au-
thorized to do on Sunday is to receive
the verdict"
well, your honor" said OLeary
II wish to thank the jury for its care
full consideration Of the case. l also
wish to express my gratitude to the
court for the fairness displayed in
this case"
II wish to join in that" interrupted
John j. O'Leary.
II wish to say" OLeary continued,
chat am gratiied at the way in which
this court has performed his duties in
this case. regard it as having been
extremely fair"
"1 am always glad to hear such words
from any man." said Judge Hand with
smile.
Another thing l wish to say, your
no i'll feeling against the gentlemen
in this trial. know they had public
duty to perform, and wish to 90 on rec
ord az saying believe that they did it
conscicntiously. | am lawyer and
know what this means"
Court was adjourned, Judge Hand
left the bench and the jury filed out
through q back door.
The jury had been told by the judge
that they were under no seal Of ST.
lence" as to what had occurred in the
jury room and. although they were
not communicative, it is believed from
what was said that they stood eight to
four for acquittal on all counts.
O'Leary seemed to be conservatively
happy, but not at an pleased at the
prospect Of returning to the Tombs to
spend the night.
Asked to make a statement as to
the jury's verdict, O'Leary said that
since he was still under indictment he
would rather not say anything until
he could consult with his attorneys.
1t was learned that it is highly proba-
BILE that a request will be made for
his release on bail in day or so, and
that such an application would proba-
bly, be granted.
In commenting on the outcome of
the case, John J. OLeary said: eve
consider this case great victory for
the defence, and we think that it's out
come justifes my brothers faith in
the justice of American institutions"
He then explained in detail the counts
under which his brother was indicted