The Birmingham age-herald., 1913-03-22


have discovered the discrepancies In the
convict department before those discrep-
ar.cies were really discovered. But there
is no variance of opinion in regard TO the
fact that he is making splendid eHorts
to get at the bottom Of the trouble. re-
cover the booty and send the guilty to the
penitentiary.
The Legislature can be CAMEO 'osetner
for the purpose of impeachment by the
upper house of the legislature. But in
this instance 1t Will not be-
bank on Thursday afternoon disclosed the
fact that there was nothing illegal in
the transaction.
The draft was given by Oakley to
Treasurer Purifoy and was Immediately
deposited There was no record in the
bank to show that James G. Oakley had
deposited the draft, and as conse-
quence, counsel for the state We're un-
able to determine whether Oakley had
received cash for the draft or whether
he had turned it over to the treasurer.
The draft was deposited In November,
1911.
Only two witnesses were on the stand
at the mornings session, and adJourn-
ment was taken at lis o'clock until
O'Clock this afternoon.
Afternoon Session
William Lyman, cashier OF the Mer-
chants and Planters bank or Montevalio.
was the first witness placed on the stand
by the investigating committee at the att
ernoon session.
Mr. Lyman testified that James G. Oak
ley had carried personal account VITA
his bank at various times.
When asked by Major Steiner wnetner
or not Mr. Oakley had deposited In tho
Merchants and Planters bank New YORK
exchange for $35S2.17 on the Blpb county
Bank and Trust company at Centreville.
Mr.. Lyman testified that the deposit was
made on September IS, 1912.
Witness declared that the same day he
had ca shed OalSeys personal check Tor
s5S2.17, giving him the money In person.
Later on September q, 1912, witness tes-
titled the remaining 5000 was drawn out
on'a check paid by the Birmingham trust
and Savings bank to the Braddock Iown
and Improvement company of Birming-
ham.
Mr.. Lyman testified that he presumed
this check for $1,000 had been in part pay
nfent on some property that Oakley had
purchased near Montevallo He testified
that as notary public he had taken
Oakleys acknowledgement on a mortgage
which he gave to the Braddock Town and
Improvement company
Natural Inference to Be Drawn
The witness declared that the natural
inference to be drawn from the payment
of the check TO the Braddock Town and
Improvement company was that the
money had been used to pay for the
property.
Witness said that Oakley had never
occupied the property, but that it was
leased out to o. P. Head, who he said
was still living on the place
Mr. Lyman was followed on the stand
by Eugene f. Enslen, president of ths
Jefferson County Savings bank. Mr. Ems
len testified that James G.. Oakley had
never had an account with his bank.
He further stated that the convict de-
partment had never had an account with
his bank.
Manly Gives Testimony
W. H. Manly. cashier of the Birmng-
ham Trust and Savings bank, followed
Mr.. Enslen on the witness stand.
Mr. Manly testified that he had col
lected a check for $1,000 bearing the sigma
ture of James G. Oakley from the Monte-
vallo Merchants and Planters bank, which
had been placed to the credit of the Brad
dock Town and Improvement company.
Mr.. Manly read a letter from the Brad
dock Town and Improvement company
to the effect that the company was en-
closing note for $1,000 made by James
G.. Oakley. The letter said tnat OAK
ley would pay 5000 on the note. The let
ter was written by G. +. Peters. presi-
dent of the Braddock Town and Improve
ment company and bore the date of Oc-
tober 81 1912. The note was made the
same day.
Mr. Manly testified that he did not
know what had become of the $4,000 note,
on which $1,000 had been paid. He said
that Oakley had never carried an ac-
count with the bank, nor had any member
of the convict department had any busi-
ness dealings with his bank.
Following the testimony of Mr.. Manly,
the hearing adjourned until 10 o'clock
tomorrow morning.