New-York tribune., 1919-02-28
O'Leary Takes
Stand i'm His
Own Defence
Traces Activities for Many
Years, Denying Meeting
Nine. Nictorica at Beach
Tells of Closing ''Bull''
Robinson, Alleged Messen-
ger, Refuses to Answer
Questions Put by Osborne

Jeremiah a. OLeary. on trial in
the United States District Court, be-
fore Judge A. n. Hand, for the last
five weeks, charged with having vio-
lated the espionage act, took the stand
in his own defence yesterday.
Colonel Fielder, OLeary's counsel,
had OLeary trace his activities be-
ginning ii October, 1908. O'Leary
testified that he began to practise law
at that time. having his offices at 220
Broadway for period of four or five
years, then moving to SO Park Row,
where he had Offices with two part
ners, Fred 0. Nelson and r. Frank
Thomson.
From 80 PARK Row OLcary testified
that he had moved to 21 Park Row, ex-
plaining that he was iii at the time
when the moving was decided upon.
and that shortly afterward he turned
the business over to a Mr. Jones, who
had Offices with him, telling him that
he could do what he wished with the
business and the profits that might ac
orue therefrom.
Asked why he turned the business
over to Jones, OLeary explained that
he was under indictment at the time
and did not wish to cucumber Jones in
any way.
Traces Health Decline
OLeary traced the history of his sick
ness from as far back as 1912. He said
the American Truth Society was organ
lied in January, 1912, and as result
of the many activities caused by the
formation of this society his health de-
clned again.
O'Leary thus continued the detailed
marathon of his many sicknesses up to
August 16, 1917, when he said he left
the city and made a trip to Monertal,
Canada, stopping on his way back at
Glen Falls, n. Y. where he stopped with
a relative, Mrs. Breen, reaching New
York City finally about October |, 1917.
Previous witnesses for the prosecu-
ton testified that OIeary was seen
during this period, about August 81 or
September |, with Nine. Nictorica at
Long Beach. but according 10 O'Leary
he was leaving Montreal at the time.
Nine. Nictorica also testified to that
effect.
Asked by Colonel Fielder whether he
had ever been to Long Beach O'Leary
said that he had been in Long Beach
three .,mes.
Aenies Meeting Her There.
T.eary denied having seen Nine
Ni~torica at Long Beach on any Of the
trips. of having talked to her there, Of
having walked with her there, or of
having known that she was stopping in
/ hotel at Long Beach.
Asked by Colonel Fielder, when he
gos the first intimaton that he
WAS being investigated OLeary an
swcred: 'Since January /. 1915. until
my Indictment, | have been continual
~ under investigation, and there is
not a German alien or German-Amer-
can who has come into the hands of
the Department of Justice who has
not been offered his liberty in ex-
change for mine"
According to OLeary, the magazine
Bull which contained the sentiments
that caused his indictment, was started
in March, 1916, and, as O'Leary puts
it: Poor and humble, but ambiticus.' -
1t worked its circulation up from 5000
until just when the war was declared
it had circulation of $4,000.
Colonel Fielder introduced two let
ters from the Postoffce Department
regarding the reasons for excluding
Bull from the mails, which gave as
the reason for barring it the fact that
lcal within the nearing of the law
governing mailable matter of the sec
ond class.
OTeary said no other reason had
ever been given to him for the maya
zines exclusion.
Ended Magazines Publication
O'Leary said he "kiled the Bull"
as soon as he learned it was sus-
pected the magazine was trying to OBJ
struct the war. He put the maga-
zine our OF existence in October
Asked whether he had read an official
copy OF the espionage act as it was
finally passed by Congress, OLeary
replied that he only saw an official
copy after he was indicted. but before
that had read excerpts of the act in
the newspapers.
oleary said he went to Henry A.
Wise, formerly United States Attorney,
ana consulted him as to the course
he should pursue in the trouble he was
having with the government. OLeary
testified that Mr.. Wise advised him if
MS hands were clean" to go before
the grand jury. This he did
O'Leary told of asking former Judge
W NJ. X. Olcott, to defend him, and
after he had taken the case, being told
by Judge Olcott few days later, that
a. meeting of his law partners it
vas decided that because of the at
titude of the newspapers and the pref
udice existing against OLeary, it
was their opinion that they could not
act for HIM
Another lawyer, John NJ. Boyle,
ULeary said also declined to take his
case.
Waived Immunity, He Said
Asked whether he had waived i'm
niunity when he went before the Grand
Jury O'leary replied: when I went
betore the Grand Jury | waived all
immunity. told them they could
nsng me, or do anything they wanted
70 with me. If they found anything
On me-
AZ the morning session J. Willard
Robinson, who has been in the Tombs
under indictment for treason. was put
on the stand By the defense, in an
snort 10 disproYe the accusation that
re made series Of trips TO Holland
IN the interests of OI4cary.
BaH Perjury Inquiry to