New-York tribune., 1909-02-12
/ DOUBTS TOMBS STORY
BARRY MAKES INQUIRY.
Commissioner Not Sure Genuine At
tempt to Escape Vas Made.

Commissioner Barry of the Department Of
Correction expressed doubt yesterday after an
investigation that a genuine attempt to release
a prisoner from the Tombs had been made on
Wednesday. a charge that caused the arrest OF
Joseph A Shay who was associated in the de-
fence of Thornton J. Hams; Walter F. Peck ana
two keepers He called the affair tempest
in a teapot" adding: q do not think that there
was any attempt to escape. It Jocks IKE
frame up to me- I do not blame Warden Flynn
There is nothing wrong at the prison. except
perhaps q little carelessness in not making law
yers register when they call to see clients
There was no attempt to escape from the
prison" Warden Flynn said. I am convinced
that this was frame up on the part of Mercer
the prisoner. to get revenge on Shay. Mercer
and SHAY had some trouble over money mat
ters. and this scheme was got up in revenge by
Mercer"
When SHAY was taken before Magistrate
O'Connor. in the Tombs court, yesterday morn
ing Assistant District Attorney Kresel pre-
ferred two charges of champerty against him
This is only a misdemeanor. while the charge OF
aiding a prisoner TO escape is q felony. JoiH +
Mcintyre asked for an adjournment until Mon
dav so that his associate counsel Arthur FaiIler'
might become familiar with the case the re-
quest was granted. The case against the TWO
keepers was put over
Shaw issued statement early in the day. de-
claring his innocence and insisting that the case
against him was a 'frame-up" His success IN
prosecuting accident cases against railroad com
panies. he said, had made the latter un1riendly
to him He said he sure the bottom Woulc
drop out of the case soon as 1t came up TOT '
hearing Later in the day he said that Che
charge of champertry, paying a plalntH 10
begin suit, showed the animosity OF the railroad
companies.
When new bail was asked for Shay. following
his arraignment, Mrs. Dora Freda, OF NO. ZUo
West 3Oth street. who gave bond fer him on
"Wednesday night asked to be relieved from the
bond There was a little furry among the law
yer's friends for a time, but they found William
Richman of No 9S Franklin street. who gave
the property at Nos 328 and $50 West 44th
street as security for the $500 required.
Warden Flynn was a witness for the two
keepers when their case was called. He testified
that lawyers were required to sign a book and
make out slip with the name Of the prisoner
they wished to see on it. He said that the two
keepers were kept busy carrying the slips 20 the
prisoners and taking the prisoners TO the counsel
room. In the case of lawyers well known to the
keepers, he said they often took IL for granted
that the lawyers would sign the book before they
left the prison. He said both men had good rec
ords.
Walter F Peck or Williamson, he also was
known. whose affidavit involved Shay in the plot
to get Harry Remington Mercer out. testified
that he saw Mercer twice on Wednesday at the
Tombs, and was not asked to sign the book. He
did not identify either of the keepers as the
who had brought Mercer down to him.
In his statement given out in the morning
Shay made the following reference TO the rail-
way companies and Mercer:
The railways and casualty companies would
spend any amount to crush me and the other
lawyers who follow this special branch Of the
law. There are only six or seven leaders in
that branch in the city. and they obtain from
100000 TO 100000 year from the different
companies.
Remington was angry at me because I did not
help him in getting out of the Tombs I don't
believe that this attempted escape was truth
ful thing at all. 1t was all concoction on the
into the belief that he going to escape and
thereby drew me into it. / cannot understand
Wiliamsons affidavit either. He probably was
angry because neither Mr.. Mcintyre nor myself
appeared for him.
Were Williamson taken by Jerome or anybody
else, and carefully examined. am convinced
that he would admit that il was a falsehood I
have no more to do with this than a newborn
baby. It is purely a trumped-up affair It is
attempt TO ruin me- They want to get even
in some way, and this is the means they have
taken.
Shay said in his statement that he first
thought the charge was Joke. and that when
he found it not he explained frankly and
fully ell he knew about Mercer to the District
Attorney. Mercer had been employed in his
Office for several months. In March he dis
charged him. he said because OF suspected
treachery. About the time of the Hams trouble
one OF his clerks told him that Mercer had been
arrested for grand larceny and was in the
Tombs Shay said he learned that MERGERS
family was in want and he went to the Tombs
to see IL he could do anything. Mercer he said
told him that he guilty of the charge. and
Shay advised him to make restitution and de.
pend on the clemency of the court for light or
suspended sentence.
Peck had been IN the lawyers employ for
about year. and Shay said that aside from
the present trouble he could not say a word
against his behavior in any way The first
time that Shay knew Peck had anything
to do with Mercer. he said was about week
ago, when Mercer wrote and asked him to visit
him in the Tombs. That, Shay said. was all he
knew Of the case.
FERRY PROPOSITION CONSIDERED.