The sun., 1909-02-11
AUTO TO HELP BREAK JAIL
PRISONER WON'T BE RESCUED
AND GIVES RESCUER AWAY.
Lawyer Shay, Who Defended Hams. an
Ambulance Chaser. vino Confesses,
and Two Tombs Keepers Arrested
Plot by Railroads 1 Sue, says Shay.

| H"uotshco suascr, VINO tOnfesses,
and Two Tombs Keepers Arrested
Plot by Railroads I Sue. says Shay.
After the doors OF the Tombs prison
had been suddenly locked yesterday
afternoon on an alarm that an escape OF
prisoners was imminent. Joseph A. Shay.
a lawyer, at 800 Broadway. who was asso-
ciated with John F. Mcintyre as counsel
for the defence in the Hains trial. and
Walter +. Peck. alias Williamson, who
was employed as an investigator by
Shay. were arrested by order OF District
Attorney Jerome Both are accused OF
aiding and abetting in the escape OF
prisoner held nnder a charge Of felony.
As matter Of fact no prisoner escaped.
but there was an automobile waiting for
one and a chauffeurs rig on hand. and
District Attorney Jeromes information
was that at o'clock Remington Mercer,
who is awaiting trial on a charge Of grand
larceny. was TO erump and evade or at
least was to be tempted to. The arrest
Of Shay and williamson. however. was
made upon information Mercer himself
furnished to the District Attorney.
Mercer was at one time employed by
Shay as an -investigator"-am
chaser is the customary phrase-and while
in his employ took part in doubtful
transaction while securing testimony In
an accident case in Albany. District At
torney jerome concluded that there were
fears that Mercer would tell too much.
Shay and Peck were arraigned before
Magistrate 0'Connor. who held an in
formal court In the District Attorneys
office. Mr.. Mcintyre appeared as ooun.
sci for Shay. He suggested that tho
lawyer be paroled in his custody, bui
Magistrate O'Connor fixed bail for each
man at 50. 900 for examination on Thursday.
Keepers Peter J. Howard and John j.
Malloy. who have charge of the gate in the
Tombs. were also arrested and charged
with misdemeanor in failing TO perform
their duty. They were held in $3.50 each,
which was given.
Mercer, or Remington. as he was some-
times known, was put in the Tombs on
New Years Day after being brought back
from California whittier he and his brother
had fed while under indictment for
grand larceny in stealing 81, ,0OO which
they got by the fraudulent settlement
OF a claim for damages against the Metro.
poitan Street Railway Company.
Prior to this time Howard Mercer had
been in the employ Of Shay at Albany.
While there no was engaged to get from
q motorman a favorable statement to
be used in a suit against a street rail.
way.
Mercer got statement from the motor.
man which made the latter say that he
didn't ring his bell. Mercer has admitted
to the District Attorney that the mt
Of the "didn't' was a forgery. and that
what the motorman really did say was
that he did ring his bell. The case
was appealed by the street railway COM
oany and Mr.. Jerome was asked to look
up Mercer's history. While the District
attorney was doing this Mercer and his
brother ran away with the 1900 referred
%.
As soon as Mercer was brought back
o the Tombs he opened negotiations With
he District Attorney and began to tell
him some things concerning the deal In
Albany. Shay about this time visited
Mercer in the Tombs and said he would try
o get bail for him. He came back later
o say that he was unable to raise the bail,
,ut would do what he could. What fol-
owed is told in an affidavit made by
Iercer.
10 hot oh ka O.,
lay Of this year Shay and W Williams called
o see him at the Tombs and that Shay
aid that he had talked the matter over
With Mr.. Mcintyre. Shay said:
mir. Mcintyre will see the Judge and
ry to have the bail bond reduced to as
DIV a figure as possible. and IL this fails
lcIntyre and | will send Williamson to
ou and you do just what Williamson tells
on to do. Don't sign any statements
nd do not talk at the District Attorneys
flee just trust 10 u.s.
Mercer says that the next time he saw
hay was the morning after the verdict
4 the Hains case He continues:
|Shay came to the counsel room in ths
ombs. together with a Mr.. Cohen OF his
ffice and Mr. Williamson. He told me
nat he had learned that had been over
D the District Attorneys office and
'anted TO know il had made any state
rents regarding the Hunt case. The
Iunt case was the one In which Shay
nd Mercer figured in Abany.l He said
, me For Gods sake keep your mouth
nut. We have not had time TO do any
hing for you on account Of this Hams
latter but now that it is over Mcintyre
nd / will get our heads together and
ont you worry. You do just what
'illiamson tells you to do
Mercer goes on to relate that William-
~ called on him at the Tombs about ten
ays ago and said TO him. 1T you will
D just what tell you to do you will be
ken out Of here
Then Williamson, Mercer says, agreed
bring him a pair Of eyeglasses. an
,ercoat. time tables to Goldfeld. New,
I'd expense money. and said that an
ltomobile would be waiting at the
orth street subway station and that
he had to do was TO put on his hat and
'eglasses and overcoat and walk out
the Tombs
Mercer wanted 10 know whom he had
thank for all this. and he says that
illiamson replied. sWell. between you
ID me you can thank Mr.. Mcintyre and