New-York tribune., 1909-02-11
TOMBS ESCAPE FAILS
Continued from first page.

If he was guilty not guilty.
''I am guilty for what have DONE" he said
Mcintyre said he wanted an immediate exam
ination for Shay Mr.. Srnyth objected and the
examination was set for to-day at p m In the
courtroom attached to the District Attorneys
Office Dora Frieder a real estate dealer, or NO.
2o5 west 3Oth street. gave the required bond
for Shay No bail was fixed in Pecks case AS
he was being led from the courtroom by de-
teotive he said that he wanted to speak with
Mr. Jerome. Jerome had long talk with hin-
MERCER FORMER EMPLoYB OF SHAY.
Harry Mercer was. in March. 1908, in the en-
ploy of Shay, the District Attorney said, but
left him and started In business for himself at
No. 215 Second avenue He had client named
William F. Heiger whose six-year-old daughter
had been run over by car of the Metropontan
Street Railway Company. Mercer ana MS
brother Theodore. it IS charged, settled the
claim with the company for 81 600, and tnen TOOK
papers to Heiger, saying that the company nao
settled for $4,000 and that he must sign the pa
pers before he could get the money. The paper
they gave him complete release Tor the
company on which the Mercer brothers collected
$4,000 and went to Oakland. Cal. where they
were arrested and brought back on New Years
Day.
The District Attorney said that Mercer was
formerly employed investigator by snay'
and while 80 employed had some connection
with a case against a railroad company, known
as the Hunt case, in which the railroad iost-
The case hung on a deposition, ne said' whlcn
had been changed. Shay was the attorney OF
record in the case and Mercer's knowledge OF
what was done in the case established. the Dis
trict Attorney said, a motive why Shay would
desire Mercer to be out of the way.
DISTRICT ATTORNEY HEARS PLOT.
district Attorney Jerome said ne received an
intinoatIon that an effort was being made to get
Mercer ont of the Tombs. McConville was walt
ing and when Peck. who was known at the
Tombs as Williamson, went to see Mercer
yesterday he was placed under arrest. Then
Mr. Jerome and the detectives rushed TO get
Mercer and also the register books OF the prison
as evidence
He said the plan was to let Mercer out dls-
sosed in a fur overcost which Peck had taken
70 him on Saturday An automobile was wait
ing at Worth and Lafayette streets. but this, he
said was only a hired machine from garage
near Times Square. Peck, he said, had given the
chauffeur $20 with instructions to take as fare
person who would come and get into the auto
mobile The chauffeur in no way implicated
in the attempt to get Mercer out.
Aeked regarding the failure Of the keepers In
the ,rombs to register Peck as visitor. as re-
ouired. and why they could be induced to let
peck in that way, Mr.. Jerome said there was
something wrong with the management OF the
Tombs.
why. Warden Flynn admitted in my office."
said Mr. Jerome, that prisoner was drunk
last week and he declared that he got the Wills
key in the counsel He said 1t was not IN
his cell, for he had searched the cell himseh ana
could fnd no bottle. That's fine way TO run a
prison-let the prisoners be drunk in IL
There ought TO be a clean sweep Of the
Y,rf.on. then there might be change In the
conditions there. There seems TO be laxlty'
when Mercer had fur overcoat pair or eye
glasses and a cap brought in to him. not TO
mention the $50 he got to-day. He had SIX
cents this morning. and when he was taken to
my Office he had $50
SHAY DENoUNCEs ARREST.
Shay told the reporter that his arrest and the
charges against him were outrageous L can
not understand it." he said, unless Mercer, who
Is confined on a criminal charge, is being USED
bv a corporation 1 believe that the whole tnlhs
is a conspiracy against me by the street railway
companies to crush a lawyer who is one OF the
few, in the city who have a large number OF dam
age cases against them. have handled nun
drAds of such cases since I have been prac-
t,s,nq and have made a speciality OF them
"NIv only connection with Mercer was that he
had once been employed by me. visited MIN IN
tha Tombs to do what could for him. He told
,,s he had taken the $4,000 on his brothers ac-
count and I advised him TO tell Mr. Jerome all
the truth and try to make restitution Mercer
told me that corporation lawyers had been TO
sea hin, to get him to inform on others who had
been I'm the business of securing ambulance
cases for damages against railway companies.
PECK TELLS DELIVERY PLANS.
4,.oh,s sf,davit corresponds with the made
~, Mercer. He says that Shay asked him to
see Mercer with him. and that Shay asked what
enc Tistric+ Attorney wanted to know about
the Hunt case in which Shay had been the
attorney of record. He says Shay promised to
rapresent Mercer at his trial, and that Shay
during the Hans trial told Peck to do what
he could TO get bail for Mercer. After the Hains
trial was over Shay and Williamson went to
see Mercer. but still could not arrange bail.
Mercer wrote letter to Peck. he says. in which
he asked why Shay was not taking Of him
as he promised
This is matter where I have to look after
my own wife and children" Peck says Mercer
said to him ''If he is not willing to help me.
why should I help him?"
''I reported this conversation to Shay" Peck
swears. land he asked me If L knew of anything
that was done in the office that was dishonest
that Mercer could against him. 1 told him
that knew OF no case where there was dues-
tlon Of honesty except what the traction COM
psny was trying to prove in the Hunt case
Shay asked me II I knew of anything dishonest
in that case and told him I did not
II told Shay" the affidavit continues that
Mercer said that if he had coat and hat he
could walk out of the prison a free man. as the
guards would change their shift at about
10 hat ha