The ablest lawyers were now secured in his defense, and by every possible method of legal obstruction they kept alive a controversy in the New York courts until the early days of May, 1879. Meanwhile Leary reposed in Ludlow Street Jail, where he enjoyed all the privileges ever accorded to prisoners. In return he paid the warden the substantial sum of thirty dollars a week; and it was evident that, whether he had or had not been concerned in the Northampton robbery, he had in some way obtained abundant money. He was visited constantly by his wife. On the afternoon of May 7 Mrs. Leary called at about five o'clock with "Butch" McCarthy, and the three were alone in Leary's room until nearly eight o'clock. After that Leary strolled about in the prison inclosure, and at about a quarter past ten keeper Wendell, who had charge of the first tier, in which Leary's room was located, saw him going up-stairs from the second to the third tier. Although in this Leary was going directly away from his own room, there was nothing to excite surprise, for Leary had been accustomed to use the bath-room on the third tier. A quarter of an hour later Wendell started on his rounds, according to the prison rule, to see that each one of the men in his tier was securely locked up for the night. When he came to Leary's room he was a little surprised to find him still absent, but supposed he would be there shortly. But after waiting a few minutes and finding Leary still absent, the keeper became alarmed, and began a search. He first went to the bath-room, and not finding Leary there, searched in other places, high and low. Then he returned to the bath-room, and there made a discovery which filled him with consternation. He saw in the brick wall, what at first had escaped his attention, a gaping hole, large enough to allow the passage of a man's body. The hole opened into a tunnel that seemed to lead downward. The alarm was at once given, and it soon appeared that the keeper's fears were only too well founded. "Red" Leary had escaped. It was found that the tunnel from the bath-room led into a room on the fifth floor of a tenement-house at No. 76 Ludlow Street, adjoining the jail. The wall of the house added to the wall of the jail made a thickness of four feet and a half of solid masonry, which had been cut through. In the three rooms that had been rented in the house by Leary's friends were found abundant evidences of the work. Leary, after his escape, fled to Europe, but was afterward arrested in Brooklyn by Robert Pinkerton and three of his men, who "held him up" in a sleigh at the corner of Twenty-seventh Street and Fourth Avenue, Brooklyn; and before Leary could make use of a large revolver which he had on his person, the horse was grabbed by the head and pulled to a standstill, and Leary was dragged out of the sleigh and handcuffed. He was taken immediately to Northampton, and put in jail there.