The sun., 1919-03-20
LAST PLEA Is MADE
IN O'LEARY DEFENCE
His Persecution Began With
Presidents Reprimand,
Says Fielder.
CONTINUED SINCE THEN
DR.. Bischoff, Federal Agent,
Is Blamed for Working Up
Case Of Prejudice. .

In summing UP rs counsel for Jere-
miah A o'Leary at the espionage law
trial before Judge A. N. Hand and
jury in the Federal District Court yes
terday Thomas B. Fielder said he agreed
with the defendant that he had been
prosecuted by the Government because
Of the controversy with President VIII
son in 1915 that led the President to
send telegram repudiating support by
the Sim Fein leader.
Mr.. Fielder made It plain that he did
not accuse the President of having had
a part in the alleged conspiracy. He
also exonerated former Attorney General
Gregory, H. Snowden Marshall, special
counsel for the Government, and James
w borne I'd, Assistant United States
Attorney In charge OF the prosecution.
He said that the case was worked UP
by DR.. Bischoff. an agent of the Depart
ment Of Justice. He declared that the
indictment was made to include Adolph
Stern, business manager of Ball, because
Stern was an enemy alien. He defended
O'Leary's activities before the United
States became a belligerent.
Queries as to Money.
where is all the German money that
they talk about?'' asked the lawyer.
Where Is the $250,o00, as stated at one
time the million. as stated at another
time. There is not particle Of evidence
in this case that O'Leary received a del
lar of German money. Who inspired
those stories?
IT do not know that, before We went
to war with Germany. It was q badge
of dishonor to associate with DR.. Albert
or to know Count Won Bernstorff.s II
was not considered discreditable to at
tend a dinner at which Germans were
present Yet. they try to use the fact
that the defendant attended a dinner at
the Hofbrau Haus in 1915 to his dis
credit"
In defending o'Learys course with
Bun Mr.. Fielder. who caIne to New York
from Georgia two years ago. used ar
illustration from that state. In arguing
that the prosecution was an effort on the
part OF officials to win the favor Of the
President he said:
when that telegram to the Presiden,
and it's answer were exchanged the
| foundation Of this case was laid. Others
| were not indicted. That scavenger o!
filth and falsehood. Tom Watson OF
| Georg1a-that man recreant TO every
sense of honor-Yas not indicted. His
publication was denied the use of the
| malls, but they did not indict him."
| OLeary's Home Life.
Mr.. Fielder pictured o'Leary's homt
life and pleaded with the Jurors not t.
convict him of crime that carries q
maximum penalty Of twenty years i'm
prisonment. He urged that prejudice b,
kept out Of the case and that the Juror
consider the testimony and evidences
solely with the idea of deciding whether
the defendants, O'Leary. Stern and In,
American Truth Society. conspired I,
obstruct recruiting end encourage mutin!
and insubor dination In the military ant
naval service. ~
William H. Daily summed up for Stern
He said that his client. while called bus
mess manager of Bull. had no voice II
directing It's policy and did not pas
upon the articles or cartoons in the maya
zine He said that there was no evi
dence that Stern had ever been con
nected with the American Truth Society
Mr.. Marshall will complete the sum
ming UP for the Government to-day
He will have FIVE hours II he wishes L
use IT, The case will probably not G.
TO the Jury until tomorrow.