The sun. [volume] (New York [N.Y.]) 1916-1920, 1919-03-07
MTSTRIAL LIMITED
IN 0'LEARY CASE
Prosecutors Question Causes
Proceedings to Halt for
Conference.
BIDDER NOTE A PUZZLE
Defendant Explains Conflict
ing Testimony Regarding
His Magazine "Bull."

The Government succeeded yesterday
in the cross-exsmination OF Jeremiah
A. O'Lesry, on trial before Federal Judge
Augustus N. Hand and Jury. in ad-
ducing facts from the defendant that
in at least one instance confiicted with
testimony he gave before the Federal
Grand Jury prior to his Indictment. In
other instances O'Lesry explained his
testimony of yesterday in order to recon-
cile It with published matter in his
magazine Ball, upon which the Govern
ment bases It's case against him.
1t appeared at one point In the pro-
ceedings that counsel for o'Leary might
ask the court to declare a mistrial. The
suggestion was made half a dozen times
by o'Leary counsel when James w. os-
borne %, Assistant United States At
torney. after procuring from the de-
PENDANT a statement that he had nothing
to conceal sought to interrogate him
regarding certain correspondence that
is alleged to have passed between one
Rudolph Cronau. a Government witness,
and the defendant O'Ieary himself an
nounced his willingness to answer but
counsel objected.
After a conference between the court
and opposing counsel in chambers that
lasted more than an hour the court
permitted Mr.. Osborne 10 ask O'Leary
II he remembered whether he dictated
a certain letter to Cronau. He denied
any recollection OF having dictated the
letter In the form that previously had
been shown TO him and limited at sub
stitution OF matter in the letter. Be-
cause the document was not In evidence
further references to II were denied.
Ridder Letter an Enigma.
o'Leary was questioned closely regard
ing his letter Of August Q to Bernard
Ridder OF the NeD Yorker Stddts-
zettuno. He admitted having testified
before the Grand Jury that he believed
that Mr.. Ridder wanted to see Germany
win the war. Yesterday he denied hold
ing such a belief. He was asked spe-
officially regarding a quotation from his
letter in which he said to Mr.. Ridder.
Il am more friendly to your cause than
you are willing to acknowledge"
What did you mean by your causeT"
asked Mr.. Osborne.
II meant the cause Of a free press and
free speech"
You couldn't possibly have meant the
German cause~
mo"
Then why did you say your cause
instead OF our cause'T'
O'Leary explained that he had refer
| ence to Mr.. Riders former connection
with the American Truth Society.
Did you believe It a patriotic thing
for you to advocate to a man YOU be-
lieved TO favor Germany that he should
| publicly advocate that American troops
| be not sent abroad to fight Germany"
IT don't want to say that of Mr. Rid
| der. At the time II was the view of one
| American citizen to another"
OLeary explained in answer to an
other question that he had no thought at
; the time that such views might be giving
| aid to the Imperial German Government,
but that he only had In mind the posi-
bility Of American troops being ma
| rooned" IN France. He said that he had
been suspicious OF England's motives and
had warned that after American troops
went overseas England might line up
with Germany.
"No Irfshman Commits Suicide"
| Did you seriously believe. and do you
| want this jury to believe, that in 1917
you thought there was n possibility OF
England lining up with Germany"
asked Mr.. Osborne.
II limited at II very plainly in Bull !
warned Bull readers to watch Eng
land"
| Mr.. Osborne asked OLeary about an
other statement in his letter to Mr.. Rid
der in which he said that he would
rather commit suicide than fight along
side Of British soldiers in Europe,
OLeary explained the statement as a
| ''hyperbolic expression" mo Irishman
commits suicide" he explained.
In his direct examination OLeary said
that he had suspended publication OF
Bull voluntarily after reading a state
ment OF Poetmaster-General Burleson
that certain publications were obstruct-
Ing the war and that the cancellation OF
the second class mailing privileges had
nothing to do with his decision to sus-
pend. Mr.. Osborne produced a circular
letter addressed 10 the members OF the
American Truth Society in which II was
set forth that Bull had been suspended
because of the 'rawless and unconstitu-
tional" action OF the Postmaster-Gen-
eral
O'Leary admitted in his cross-exami-
nation that that might have been one OF
his reasons, that he might have had
three or four. any one OF which he might
have deemed sufficient for announcement
to the members OF the Truth Society.
1 Tha trial will continue