The Birmingham age-herald., 1914-03-10
FRANK DECLARES OAKLEY TOLD HIM
 PAY LACY IN CASH
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 Kennedy, president of the Bibb County Savings bank at Centerville.
 The entire morning was consumed in the selection of a jury and in other prelimi- nary matters in connection with the case. | Much or the time was taken up by con l ferenees by attorneys for the two sides Oakley Was present when his case was Called and sat with his attorneys, Hill. 4in ana Stern of Montgomery, A D. Pitts of Selma. Jerome Fuller of Cen terVille and Ray Rushton Of Montgomery. The brother of the defendant Charles l.. Oakley. sheriff of Bibb county, sat at Oakley's side
 ] For the state there were present Capt. Frank '. White of Birmingham, R. B. Evans Of Greensboro, Ben P. Crum of Montgomery, Attorney Central Robert C. BriclIell and Solicitor William T. Seibels of Montgomery county.
 Most of these attorneys were in the Lacy trial. When the indictment against Oakley mad teen read to the jury by So- licitot Seibels She defense offered various oemurrers. similar 10 those interposed in the Lacy case, hence they were not argued.
 Eight Counts in Indictment The indictment charging Oakley with the emhez2lement and larceny of $22o702 contains about eight counts Oakley is described in these various counts as being a state officer, an agent, a hailee and in other capacities. The case under which Oakley ia being tried is very different from that uTGer which Lacy was convicted l The case deals with the internal work Of the convict department and will prob ably produce many sensational develop Ii ents.
 Six cf the jury in the Oakley case are farners. while onIy two three of them | are residents of the city. Several of them are young men. hardly cut of their | tw enties.
 l The session in 1etail follows: When the case against J. G. oakley was called the state announced ready and the court recessed for five min utes to allow the attorneys to confer. Oakley sat with his attorneys, sIfill 1 Hill X Stern. Jerome T. Fuller of Gen. 1 terville, A. H. Pitts of Selma and Ray Rushton of Montgomery. Charles L. Oakley, sheriff of Bibb county broth CT of the defendant, sat by Oakleys side
 l When court reconvened after the re- cess the defense announced ready and at II o'clock the business of select ling the jury was begun. l It was nearly noon before the jury was selected, six of whom are farm | CTS. A number of the jurors were ex- cused when their names were called because they had fixed opinions in 1 regard to the case
 The following is the jury: J. Arnold Afford. farmer; w. Yancy Borrow, | carpenter Grover c. Cone, car repair CT; J. Tom Davis. merchant; Berry c. Gray, shop employe; Dilliam I. Grif- fin. salesman: Corney r. Harwell farmer; Lon Misseldine. farmer; Will liam D. Stea gall, broker Moses E. l Westbrook farmer; Kirk Garner, | farmer; c. B. Duncan, farmer. l The state attempted to secure an 1 order from Judge Brown. presiding judge to exclude all the witnesses from the courtroom, including character wit nesses. The court declined to exclude character witnesses.
 1 Adjournment was taken at 12:30 o'clock unt'l 230 o'clock to allow at torneys to confer with their witnesses
 Afternoon Session
 Bernard Frank. manager for Der nard Frank & Co.,, was the first wit ness put on the stand by the state He stated on the stand that in the spring of 1911 his firm sold to the convict de- partment s900 worth of underwear ar , which time account was opened.
 MT. Frank testified concerning a
 transaction involving s2207. alleged to
 have been embedded by Oakley in com
 plicity with Theo Lacy. The witness
 said that the convict department had
 returned large assortment of under wear furnished for the use of the con-
 yicts.
 Il In payment of this underwear, MT Frank said, he offered the firms check for s2207 to Theo Lacy, whom Oakley
 had sent to collect the money. Wit
 ness said Lacy declined the check, stat ing that he wanted cash. Witness pro-
 tested against paying cash, whereupon I Lacy called oakley over the telephone. Witness was then called to the phone by Oakley and told to make cash payment. This occurred March I, 1913. q told MT. Oakley I could not pay Lacy in cash" said witness. MT. Oakley then told me he would come down to see me in 20 minutes. When he came he told me to get the cash I wtroe out n new check and sent it to the bank to be cashed. When. the boy came with the money I gave
 1t to Lacy in the presence of oakley, and l received a receipt for it." MT Frank next told of converse
 tion had with Oakley several weeks
 later, a few days prior to Lacy's , flight at which time oakley asked , witness not to ever mention his name in connection with the $2207.02 trans , action. Witness said he would not un-
 less the state should make a demand
 for refund of the money. He said that Oakley also approached him. some time , later and repeated his request that , witness never mention his name in connection with the transaction.
 In answer to a question from Cap , tain White, counsel for the state, MT. Frank said that Lacy had informed him ; when he brought the check that he ] Lacy) wanted the cash. A lengthy argument ensued between
 Wiley Hill, attorney for the defense,
 and Solicitor Seibals at the beginning
 of the cross-examination. The solicitor i, declared to the court while Mir Hill , was answering an objection made | by the state, that the counsel for the
 defense was making a jury speech, and
 asked that the jury retire. The court
 granted the request
 Now, you may talk until you are blue , in the face" Solicitor Seibels told MT.
 Hill when the jury had left the box. The entire argument was brought about
 by question from MT. Hill, claimed to , have been irrelevant.
 MT. Hill said he expected to prove by
 the witness that he tMr FraniO had been threatened with suit by the state, and that he had hsen promised immunity if he went on the stand and testified as i, to the entire underwear transaction. we want to prove that the hieh man
 Of this state (rneaning the governor)
 promised Mrs Frank that he would not
 be sued if he testified against this de- | fendant'
 | When the jury returned to the court l room, MT. Hill asked if he had been l threatened with suit by the attorney | general If he did not pay this money. Wit