The Birmingham age-herald., 1913-04-10

company several thousand dollars and
tion which he had ever had with the
convict department.
The witness told the board of in
quiry that following the kacy defalca-
tlon Oakley told him that he had moth
ing whatever to do with the matter,
absolving himself from all RESPONSE
bility in connection with the trans
action.
In addition to the testimony OF
Messrs Frank and Loebman l. Gas
senheimer of the Mercantile Paper
company; Albert Abraham of Abraham
Brothers, horse and mule dealers, and
F. j. Salter of the Durr Drug company,
were on the stand.
Maj. r. e. Steiner conducted the
examination at the morning investiga-
tion. 1t was Major Steiners first ap-
pearance al the investigation in more
than 10 days, his time having been
consumed last week in the Vandiver
trial.
Governor oNeal was present during
the greater part of the morning and
manifested keen interest in the ex
animation of witnesses, particularly in
the examination of Mr.. Frank.
Session in Detail
chants of the city, and president of the
firm of Bernard Frank & Co.. was the first
witness at the mornings investigation.
Mr.. Frank testified that the convict de-
partment began business with his COM
pany in 1911. He said the convict bureau
on one occasion purchased $4,000 yards of
goods for convict clothes. This transac-
tion took place in the spring of 1911. Wit
ness could not recall exact date of trans
action, and he was temporarily excused
until he could get some definite informa-
| tion relative to the matter
F. G. Salter secretary and treasurer
| of the Dun Drug company, was called to
| the stand. Mr.. Salter said the convict
department had dealt with his firm for u
| or 1S years. The department did not ask
thecompany for bids. According to wit
ness the convict bureau wrote to the drug
company and inelosed orders, regardless
of price The present administration or
dered $50 worth of medical books for the
hospital at Wetumpka. Witness said his
company always gave the convict depart
ment the same prices given the retail
trade. Business of convict department
was solicited by witness and others con-
nected with company. Drugs were never
shipped to north Alabama.
L. Gassenheimer, secretary of the Mer-
camille Paper company of Montgomery,
was next called. The total business of the
convict department with the paper COM
pany was something over $1250. Company
WAS not required to bid on supplies want
ed Business of department was solicited
in usual way. No special prices were
made convict bureau.
Witness recalled having purchased
carpet from a dry goods firm of Mont
gomery for the department, upon which
the company received a profit of 10 per
cent. He thought the department might
have purchased the carpet direct at a
saving of the commission.
Mr. Frank was recalled and said the
order for the 25,O00 yards of goods pur-
chased for convict stripes was under date
OF April A. 1911 The price of the goods
was % cents per yard. The quality of
goods bought for department was known
as 10 OF special.
The goods were purchased by the firm
of Bernard, Frank & Co, for the convict
department from the Eagle and Phoenix
mill.
Witness recalled the purchase of $500
worth of underwear for the convict de-
partment. Six months after the transac-
ton Oakley called on witness and asked
him to take back quantity of the un-
derwear Witness said he refused, but
consented to store the goods for the de-
partment. Some of the boxes of goods
had been broken open, according to the
witness
Witness said he disposed offthe goods,
notified Oakley and told him to come for
d settlement
Theodore Lacy called on Saturday,
March /, for a settlement. Witness said
ne offered Lacy check but that Lacy
told him it was near the banks closing
time, and asked for the money in cash.
Witness sent his boollkeeper to the bank
and had a check cashed for $2207.02, the
amount of the transaction.
This money was paid the chief clerk of
the convict department regardless of the
fact that the state owed the company a
much larger sum. Witness said Oakley
had previously informed him that Lacy
would come for the money.
This was the first time the company