The sun. [volume] (New York [N.Y.]) 1916-1920, 1919-01-28
ATTEMPT TO QUASH
.O'LEARY INDICTMENT
Defence's Attorneys Are Hope
full After Judge Hand
Delays Decision.

jeremiah A. O'Leary, whose activities
In connection with the publication Of
Bull and the Mosses. have brought him
in conflict with the Federal authorities,
went TO trial before Federal Judge
Augustus y. Hand Yesterday on an in
dictment alleging violation of the es-
pioraxe act In the publication of certain
articles and cartoons in Bun.
The entire court day was spent in
listening to arguments by Col Thoma $
Is. Fielder. chief counsel John J. and
Arthur O'Leary. brothers OF the defend
ant. on n demurrer TO the Indictment,
and when Judge Hand adjourned court
early in the afternoon without ruling on
the dismissal motion. O'Leary and his
associates were hopeful that the indict-
ment would be Quashed.
Jeremiah O'Leary Is still under in
d!ctment for treason and most OF the
argument by his counsel was an effort
to disprove the Governments allegation
that his activities tended to obstruct and
reArd the operation OF the draft. Judge
Hand excused the jury until 10 80
O'Clock this morning.
Acts as n Prompter.
Although - Leary has only recently
been returned to tho Tombs after con-
valescing from influenza in Bellevue he
took an active part in the proceedings
In his own behalf. He constantly ad-
vised his brothers and assumed the role
OF prompter while they were making
arguments on the motion. But he was
not the debonair O'Leary who took the
witness stand in the trial OF his brother
John or in the cases involving the
Masses
He engaged in no controversy with
the prosecutors OLeary followed the
progress of the argument with the keen
est attention at times. but on other oc-
castons would bury his head in his arms
and his shoulders would droop over the
counsel table. Mrs O'Leary. with a
woman friend, occupied seat in the
court room
Col. Fielder. arguing for dismissal OF
the indictment. held that no provision
of the so-called espionage act provided
any penalty against oral or written
criticism OF the principle OF CONSUMPTION
He held. furthermore. that the war was
over, that that fact obviated the legal
prosecution OF O'Leary under the espion
age act. which he declared TO be inopera-
tive since the signing Of the armistice
Arthur O'Leary. n younger brother of
the army. gave his interpretation 81 q
number OF the articles and cartoons IN
Bull. TO which the Government takes en-
cept!on. At one point of his argument
Arthur O'leary said that there was moth
ing in any OF the matter in the period ca
that was comparable with the criticism
OF President Wilson and the Admins
tration made by Col. Roosevelt
Col. Fielder in his argument, attacked
the constitutionality OF the espionage
law and also demanded a dismissal Of
the Indictment that also involves the
American Truth Society. the Bull Pub
fishing Company and Adolph Stern on
the ground that il is faulty drawn and
does not allege crimes for which the
defendants may justly be held for trial
Former United States Attorney H.
Snowden Marshall and James w, Os-
borne, Jr, appeared for the Government
and will argue to-day against the motion
to dismiss the indictments.