New-York tribune., 1909-02-11
TOMBS ESCAPE FAILS
JOSEPH Il. SHAY, LAWYER,
HELD IN IS 900 BAIL.
Investigator Employed by Him and
Tsco Prison Keepers Also Ar
rested Jerome Stopped Plot.

On information furnished by Harry Reming-
ton Mercer. a prisoner charged with grand lar
ceny, whom he is accused OF trying to help to
escape from the Tombs yesterday. Joseph A
Shay. lawyer at No. 800 Broadway. was ar
rested last night and held in 5000 bail. after
District Attorney Jerome had watched the pre-
liminaries of the intended Jail delivery almost to
the point Of accomplishment.
Walter F. Peck. alias Williamson. who is said
to be employed investigator by Shay. was
held in the same bail, being charged, as was
Shay with aiding and abetting prisoner 10
escape, which is a felony under Section 81 OF
the Penal Code.
Patrick Howard, Of No. $50 West SD street,
and John F. Malloy, Of No. 251 First avenue,
keepers in the Tombs. were also arrested for
violating prison rules. They were each held in
$3.50 bail.
About $50 o'clock yesterday afternoon Dis
trict Attorney Jerome and three detectives at
tsched 10 his ofice-Beery Fitzsimmons and
Flood-rushed into Part of the Court Of Gen
eraI Sessions, where Judge Malone was charging
a Jury. through the prison pen connected with
the court, down fight Of stairs and over the
Bridge of Signs into the Tombs prison.
The first act Of the District Attorney was to
instruct Warden Flynn not to allow any one to
enter or leave the prison under any Circum-
stances Then he and the detectives went up to
the fifth tier Of the prison, to the empty cell of
Harry Mercer who with his brother Theodore,
is under indictment on the charge of grand lar
ceny The two MERGERS were recently brought
back from San Francisco, where they had been
arrested at the request of the New York police.
charged with the larceny Of $4,000 secured by
fraud from the Metropolitan Street Railway
Company.
FOUND AUTOMOBILE OUTSIDE.
MFR. Jerome then made a beeline for the
counsel room in the prison. There. he
pected he found Mercer sitting calmly in
chair. wrapped in fur overcoat and wearing
glasses and an automobile cap. 1t is charged
that Peck took the overcoat there and left it
for Mercer.
Taking Harry Mercer and placing him in the
custody of Detective FitzsimmOns, Mr.. Jerome
had him conveyed to his office and kept
there under guard. At the same time the other
detectives went to an automobile that was
standing at Worth and Lafayette streets and
took the chauffeur to the District Attorneys
office
The detectives with Mr.. Jerome searched Mer-
GERS cell and found there his hat and coat. Ali
the plans for disguise had been carried out
seemingly as arranged. without the least inter
ference from any of the prison keepers.
An investigation begun by District At
torney Jerome and Assistant District Attorneys
Smyth and Kresel in Mr.. Jerome's office
Shortly afterward Mr. Shay was called to the
office Warden Flynn of the TomOs also was
closeted with the District Attorney. John F.
McIntyre, associated in the Hams with
Shay. was also at the office
The investigation continued until o'clock
when Magistrate O'Connor. who had gone to the
District Attorneys office on other business
pressed into service, and magistrates court
cd in
Jerome
The two Tombs keepers. who were charged
with .'vilfuI neglect of duty in violation of Sec
ton II of the Penal Code in not compelling
Peck to register his name when he went to visit
Mercer Yesterday, were brought in, and Warden
FIvnn appeared as complainant against them.
The prison register was put in evidence, and
they were held for examination to-day. Bail
was furnished.
SHAY ARRAIGNED.
SHAY was then arraigned charged with volat-
ing Section 81 of the Penal Code which reads:
A person who with intent to effect or facili-
tate the escape of a prisoner, whether the escape
10 erected or attempted not. enters prison.
or conVeys TO a prisoner any information, or
sends into a prison any disguise. instrument,
I.aanon or other thing is guilty of a felony. if
the prisoner is held upon charge, arrest, COM
mitnent or conviction for a felony
Mr.. Jerome stated that he had afidavits con-
Meeting Shay with an attempt 10 get Harry
Mercer out of the Tombs. and produced the
affidavit made by Harry Mercer.
Peck had been arrested in the Tombs by Detec-
tive Lieutenant McConville when he went to
see Mercer and gave him $50, it is said. with
which to pay his expenses. Peck had been sub
tected to rigid questioning. but had stoutly
maintained that he had been acting in MERGERS