The Birmingham age-herald., 1914-04-08
Two Wanted in Oakley Case Now on Trial
 in Shelby
BOWMAN WANTS
 LACY TO TESTIFY
Forty-Five Witnesses Sworn In When Case Begins-Large Crowds Gather to Attend
 Session
By RALPH n. SILVER

CoIumbiann. April 7.-tspecinID Court attachments for Theodore Lacy. former convict department clerk. con yictcd of cmbczziement. md I. Lee Long of Birmingham, were issued here this afternoon bs special Judge \. n. Aston. when the trial of James C. oak ley. charged with embczzIcment of s3000. was opened. Deputy sheriffs left st once to serve the papers upon the two men who nrc wanted as witnesses In the Oakley trial.
 The attachment for Lacy was issued to the sheriff of Montgomery county, in whose care Lacy now is as a prisoner. The attachment for Mir Long was issued on him personally and his bond placed at $500
 P, c. Bowman, of counsel for Oakley. stated this afternoon that Lacy would be put on the witness stand if 1t was at all possible There were many wit nesses who failed 10 answer to the roll call of the clerk. but attachments were issued only for the two. About 10 wit nesses in all were sworn when the case was finally begun
 Majority of Jurors Farmers
 One of the largest crowds ever as- sembled in the shelby county court house was present at t:30 o'clock, when Judge Aston called the special session of the court to order Thirty seven jurors had been summoned and .S2 quolNsd after the striking The following men were left to compose the jury. which will decide oal<leys fate in this case E. Willis Duckett, farmer. Pelham; Will Davis, farmer Chelsea; Will N Keith. farmer Shelby; Frank Butler farmer Silura; Wash Perdue. farmer, calera; Oscar Riley, sawmill man, Siltta; Bu.. Galloway. farmer. Wilsonville; N E. Burnett, la borer. Shelby; Jeff D. Armstrong. Sr. farmer. Calera; John C. Farris, farmer. Shelby.
 The entire afternoon was taken up until adjournment at o'clock wlta organization of the jury and argu- ments on demurrers submitted to the indictment by the defense. Judge As ton overruled the demurrers and the case will go to trial on it's merits to- morrow morning at o'clock.
 An imposing array of counsel is pres ent on both sides. For the defense are Wiley Hill of Montgomery, P C. Bow T Centerville and ]. r. Leeper of colum- biana. For the state are Attorney Gen eral Robert C. Brickell, Shelby county solicitor. C. $. Cornelius of Ashland, w. W. Wallace of Colunnbiana, Capt Frank $. White of Birmingham and Judge B. P. Crum. Arguments for the demurrer this afternoon were hade by Wiley Hill and he was answered by Solicitor Cornelious and Attorney Gen eral Brickell, The demurrer was on the grounds that the indictment was in- defte and unsertain, that oakley could have t,een paid the 5000, he was all legged to have embedded. for his salary and yet he would be guilty under the indictment and that the conviU inspec- tors office was not mentioned in the state statute under which the indiet- ment was written.
 Oakleys Watch Every Move
 The defendent James G. oakley and his brother. Charles Oakley. sheriff of Dallas county, are close observers of every move of the trial. James Oak ley today was dressed in light sum mer suit and with his wavy gray hair did not appear al all worried. The in-
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