The evening world., 1909-02-11
Took Mercer Out of His Cell
to Phone to Joseph
A. Shay.
WOMAN OFF HIS BOND.
Held Under $500 Bail on Two
Charges Of Champerty Made
by DiStrict-Attorney.

Remington Mercer, the man who ac-
cuses Lawyer Joseph Shay II fixing up
the escape plot from the Tomhs yes.
terdsv, telephoned from the District.
Attorneys Office In the presence OF some
member Of M. Jerome's stan TO the
once OF John F. Mcintyre late yester-
day afternoon.
Mr.. Mcintyre answered the call, Mer.
Ger said he had just escaped from jail
Amboy or to HohoSen According to
Mr.. Mcintyre. ne couldn't understand
what the man at the other end of the
wire was driving at, and said so.
Thereupon Mercer asked II Shay was
there, and Mcintyre said he was,
rs that you, Joe'' asked Mercer,
when Shay got to the phone.
Yes, What Ia IT." replied Shay, who
declares he WINS i,terly mvstied sup
posing that Mercer was In the Tombs.
hdN = all IlkUl waited " hHNN
where you We're" replied Mercer,
A few minutes later a detective from
the District. Attorneys Office walked into
Mr.. McIntyres Office and informed Shay
that he was wanted at the Criminal
Courts Building Shay protested loudly
and vigorously. He was told that
Mercer telephoned in an effort to trap
him.
Questioned His Methods.
Mr.. Jerome questioned his professional
standing because he solicits accident
cases. The Distrct-Attorney main
tanned that II Is n violation Of legal
ethics to go out and solicit business
a. Shay does.
II It makes you sore" yelled Shay
why don't you stop It In your own
ONCE? can give you the name OF one
Of your men who solicits business.
He gave Mr.. Jerome a name The Dis
trict-Attorney has not made II public.
Shay was era!gned before Magistrate
O'Connor in the library Of the District
Attorneys office this afternoon. Assist
ant District-Attorney Rresel announced
that there were two charges OF cham
perty against the lawyer and asked that
bail be fixed al 800 In each case, as the
offense Is a m!sdemeanor.
Champerty is the promotion OF litlga.
ton for the purpose OF gain, In addi-
ton to prosecution in the courts the OF.
tending lawyer may be disoarred.
Woman surrenIers Him.
The charge agalns. Shay OF aiding and
abetting Mercer in his attempt to es-
cape from the Tombs was adjourned
until Monday. At the conclusion Of the
proceedings Mrs. Dora Freda. who went
on Shsy's bail bond for $500 last night,
announced that she wished to surrender
him. Chm F. Mcintyre and Arthur Pal.
mer. counsel for Shay, Immediately sent
as Magistrate O'Connor announced that
he would continue the bond at $500,
and refused to parole the prisoner.
Commissioner Of Corrections Barry,
after a full Investigation, absolved War
den Flynn and the Tombs officials gen.
orally OF any blame In the matter.
although the two keepers, Howard and
Mo!loy, who were arrested by the Dis
trict Attorney, have been suspended
Henry Remington Mercer, the prisoner
who says Shay connived to have him
escape, remains in his Tombs cell. In
close touch with the District-Attorney' s
Office.
Shay Denies Il All.
Shay made long statement in his
off,cs to-day. His denial that he
financed the attempted escape OF Mercer
from the Tombs was most emphatic.
Peck, the alleged go-between, is
still In prison under bail of
! 5000, and tho two Tombs keepers,
Peter ]. Howard and John J. Malloy,
arrested yesterday for neglect Of duty
in connection with the Mercer plot, are
/ out on ball, but In attendance to-day
( upon an investigation which Commits
| stoner OF Corrections Barry is conduct
Ing In the Tombs.
Mercer was arrested recently In Cali
fornia and returned to this city on a
warrant charging him and his brother
with stealing 1900 This money Mercer
got from the Metropolitan Street Rail-
way Company In settlement OF cla!m
OF n man named Hunt, whose child had
been crippled by a street car
Shay was counsel for Hunt In the pro-
ceeding, and Mercer, acting for Shay
worked up the evidence When Mercer
was brought back from California and
placed In the Tombs he sent for hi.
former employer, Shay.
They Put II Up TO Shay.
The District.Attorney believes thai
Mercer, having inside In formation abou,