The star-independent. [volume] (Harrisburg, Pa.) 1904-1917, 1915-03-23
Court Will Not Let
Mercer Go to Aid
New York Authori-
ties Without Bond
RECORD OF THE
PRISONER AIRED
Man Convicted of Forgery Here Has
Been Involved in Many Clever
Swindles in York State-Helped
Prosecutors as Stool Pigeon

That H. r. Mercer who with Fred
LeBrun. is in Jail here awaiting SEN
tence on several charges of forgery, is
a notorious crook, confidence man and
perjurer and played a skillful part in
some daring swindles that have caused
almost endless trouble for the New
York state authorities, was the declara-
tion made in court here last evening by
William j. Fallon, Assistant District
Attorney, of West Chester county, New
York.
Fallon told Judges Kurkel and Nc
Carrel that his mission to Harrisburg
was largely brought about by District
Attorney Perkins, of New York coun-
ty. 1t was for the purpose Of obtain
ing, not the freedom but the custody
of Mercer, so that the defendant could
be taken back to New York State and
used as "stool pigeon and in other
ways to gather evidence in prosecut-
ing lawyer named O'Neill and his al
legged understudy, a man named Peck.
O'Neill >Snd Peck, Fallon said, are
men who, the New York authorities
expect to show, trumped up damage
suits against railroad companies and
other industrial corporations and, by
means of artifce, obtained big ver-
diets,-one $4,000 decision said to
be the largest ever rendered by New
York jury
Hints at Penitentiary Terms
Mercer himself escaped prison
term in New York state in 1909, after
having been convicted of grand larceny
in the second degree, only because he
aided the then District Attorney of
New York in the prosecution of several
other criminal cases, Fallon informed
the local judges. Mercer now is under
indictment, on a somewhat similar
charge, in New York county and while
Fallon said his plan is to requisition
Mercer from Harrisburg to New York
county, Mercer Immediately is to be
turned over the the West Chester coun-
ty authorities to appear against
O'Neill. Peck is under Indictment in
The Bronx.
Judge Kunkel, Judge MeCarrell and
District Attorney Stroup all thought it
unwise to let Mercer go scot free on
the charges upon which he has been
convicted here, all saying that to ex-
tend clemency to Mercer as courtesy
to the New Workers would be doing so
at the expense of Pennsylvania justice.
Judge McCarrell several times hint
cd at the court IS intention to. send both
Mercer and LeBrun to the penitentiary,
suggesting to Fallon that he could ably
carry out his plans and set the custody
of Mercer by obtaining a writ Of
habeas corpus to permit Mercer to go
to New York to testify, on the peni-
tentiary warden, and later return him
to that penal institution to finish serv.
ing his sentence.
But that idea didn t appeal to- Fal-
lon. He said by way of suggestion to
the court:
"Do not suspend sentence, but place
the defendant in my custody, as an of
ficer of the New York Commonwealth. -
Fallon s plan was not agreeable to
the judges, however, in view of the
danger of Mercer escaping.
Local Court Demands Bond
Subsequently the court postponed
sentencing Mercer and LeBrun fors two
weeks, saying that if Fallon produces
a S2,500 bond to guarantee Mercer s
return to this state for sentence on the
charges upon which the crook has been
convicted here, motion to suspend
sentence temporarily might be consid-
cred.
AS Fallon and other prosecuting of.
ficers of New York City are acting in.
directly in behalf of railroads that suf-
fered at the hands of alleged swindlers,
the local Judges pointed out to Fallon
that those "clients' possibly would
furnish the necessary bond.
Judge Kunkel declared point blank
that he is inclined to let the law take
its course unless the New York au-
thorities furnish the required bond as
one of the evidences of good faith in
their promise to return Mercer. The
Judge was opposed especially to "free-
ing" Mercer since New York Judge
once granted the defendant clemency
and directed him to leave the state of
New York.
Mercer did so and, according to the
has been causing Pennsyl-
vania people nos end of trouble ever
since