The Birmingham age-herald., 1914-03-14

Wednesday of last week" asked Cap tain White.
 this question, and the jury was excused
 while the question of admitting Dr. Riggs testimony was argued.
 Attorney Hill argued that the admis- sion of the evidence would only tend to prejudice the defendant In the eyes of the jury.
 Captain White held for the state that Dr. Riggs evidence had a very decided bearing upon the case. He declared that 1 Oak ey had remained Tn the Birmingham infrmary in order to dodge his trial and that. therefore. pr. Riggs testimony was most competent.
 Attorney Ray Rushton said that the question az to whether or not Oakley
 was sick involved a new issue entirely,
 necessitatng the introduction of expert ] testimony.
 l The right to admit the evidence was
 also argued by Ben Grum, another at 1 torney for the state The court did not rule on the question immediately. an- l nouncing that some authority would have l to be consulted.
 l Mr. Riggs was relieved temporarily, and
 Frank V Evans of Birmingham, former 1 examiner of public accounts, was called to the stand. Captain Evans testified that 1 he told Oakley on the day previous to Lacy's flight that he had found short
  1 Speigners.
 | H. G. Brooke, examiner, was next called.
 but Judge Brown would not admit his testimony that he had not made threats against Oakley or Lacy Afternoon Session When court met this afternoon at torneys for the state entered into an- other argument as to the admissabil- l ity of pr Riggs testimony. i Judge Brown stated that he had been unable to find any authorities on the subject, and offered to give attorneys for the two sides all the time neces- sary to consult authorities. but the state did not care to delay the case. and the court sustained the obiec- ton raised by the defense to the ad- mission of the evidence. The Brming- ham physicians were then discharged. Judge c. F.. Mccall. chief examiner of public accounts, testified that he did not tell Oakley that MT. Brooke intended to prosecute him for putting convict department funds in banks or that Mr Brooke intended to make trou- ble in the department. Harding on Stand w. P. G. Harding, president of the First National bank of Birmingham.
 said Dr. G. B. Grove and I. NJ Miller borrowed s50,000 from his bank in 1905. Dr. Grove putting up s60,000 In bonds of the New Connellsville Coal company as collateral
 Payment of s9O,O00 was made in 1907 and a new note for $20,000 was made, which continued until June {, 1912. Collateral was then sold to ]. G. Oakley and he gave his note due in six months. Oakley told him he did not have the money at that time but would have it later. The interest was paid, but the principal was Oakley's
 obligation when the trouble came up ] in the convict department | During Dr. Crowe's connection with the Yolande Coal company he carried two accounts, one in the name of "G. B. Grove, agent" and "J. 1T. Fall, agent"
 This evidence given by MT. Harding was intended to impeach the testimony of Dr. Grove, who told the jury that he paid $30,000 in May or June 1911 to Oakley. He said he had tried to | collect some money from Dr. Grove in 1910 and 1911.
 Friend of Governor On cross-eXamination MT. Harding l said he was friend of the governor The Birmingham banker identified a check for 1000 drawn by Dr. Grove
 on his bank in 1906 l Robert G. Arlington, assistant solic- 1 itor, Montgomery, followed Mir Hard 1 | fled that he was at the capital on the Sunday following Lacy's flight and that Maj. R. F. Steiner asked Oakley, in pesence of witness. concerning a check
 of the Goodin. Reid & Co.,. for s6262 SS, which had been deposited in the bank
 of Centreville.
 According to witness, Oakley told Major
 Steiner that he had taken the money out
 of his pocket and had given it to Lacy l in return for this check State Rests Case l Following MT. Arringtons testimony, l the state rested it's case. After a brief recess, Wiley H. Hill,
 leading counsel for the defense made au open statement in court to the effect that l he had heard of certain threats which | the governor of Alabama had made in
 the event his name were brought into
 the case. MT. Hill said these threats hao | appeared in public print. l At this juncture a heated colloauy oc-
 cured between MT. Hill and Captain White. who took up for the governor 1 Ray Rushton. of the defense declared | to the court that he did not believe it. 1 and that he considered the whole discus. | sion most unseemly.
 l Argument Begins Judge Brown said he regretted that such | a matter had been mentioned, and that he had no intimation that such reports were in circulation.
 Solicitor Seibels then began the open ing speech for the state. He declared
 that Oakley's testimony had been im- peached by several witnesses, and re- | rerred to him as co-conspirator with | Lacy in the scheme to steal the states money
 Solicitor Seibels declared that Oakley
 had appropriated the proceeds of certain l Goodin, Reid & Co. checks because he ] did not think the state would catch up 1 with him.
 | Referring to Oakley's testimony. the
 solicitor said!
 | Poor old Baron Munchaussen! He has
 lost his place as the greatest story-teller that ever lived. People will forget hin,
 now. They will recall the wonderful
 stories told by Oakley and Lacy. There
 is not 15-year-old schoolboy, black or white, in the state of Alabama, who will 1 believe Oakley's story" l Referring to Dr. c. B. Crowe's state
 ment on the witness stand. the solicitor
 referred to him as "blow-hard." l Real Count of Monte Cristo | We had a real Count of Monte Cristo with us yesterday" said MT. Seibels re |. 1 ferring to Dr. Grove. He went on the
 stand a millionaire and came down a
 pauper.
 That is one of the worst things T
 know about Jim Oakley-the fact that
 he has that man Grove for his lifelong | friend" Solicitor Seibels referred to Dr. Groves | statement as preposterous, He decJa rcd