The Birmingham age-herald., 1914-03-15
OPPOSING COUNSEL MAKE BRILLIANT SPEECHES TO JURY
Governor Disguised at Verdict and Captain White Is Greatly Disap- appointed--Rushton Declines
 to Talk-May Drop Other
 Cases Against Oakley
By l.. s. BETTY

isb James G. Oakley, former president of the stntc board of convict inspectors, was acquitted tonight of the charge of embexxIing s22O7 .O2 of state funds, fol- lowing n trial which lasted m entire week. OakIey's case went to the jury at 5,51 o'clock this afternoon and at 9;51 o'clock tonight, four hours later, the jury returned verdict of not guilty.
 The jury was ready to report 20 min utes earlier. but owing to the absence of Judge Armstead Brown, the verdict vas not read until he appeared in court
 Four ballots were taken on Oakley sI case, according to J. T. Davis, foreman of the jury. The first ballot stood eight for acquittal. The second ballot was 10 tfor acquittal. the third Il and the final was unanimous
 The acquttal of Oakley came as a sur prise to the hundreds of spectators who had followed the case during the week. From the beginning 1t was acknowledged that the defense had an uphill fight, and when the final evidence had been sub mitted to the jury 1t was generally ac- knowiedged that Oakley had bad case.
 Statements on Verdict
 The governor Of Alabama tonight ex- pressed extreme regret that J. G. Oak ley, former president of the convict de- partment. was not convicted. He in-. timated that he was disguested with the jury's verdict. He was present dur ing the entire trial. and was in every conference of the state attorneys.
 The governor believed that Oakley would be convicted.
 Capt Frank s. White of Birmingham leading counsel for the state in the prose- cution of James G. Oakley, acquitted to- night of the charge of embezzling s22o7 of state funds, made this statement fol- lowing the jurys verdict
 "It is exceedingly unfortunate for the people of Alabama that man who had a high position in the states govern ment was acquitted when the evidence showed so conclusively that he was guilty"
 Ray Rushton of Montgomery, one of the counsel for the defense, declined to make statement. MT. Rushton expressed the belief that 1t was unseemly to make any public statement.
 MT. Rushton's friends recalled the state ment he made to the jury today when he declared that the people of Alabama should rejoice that there was one thief instead of two. He stased that Lacy had been found guilty of serious crime, that of embedding s5O.000 of state funds, and that 1t should be a subject of pride to the state that Lacy had no accom- plices
 MT. Rushton asked not to be quoted In reference to Oakleys acquittal
 May Drop Other Cases
 The acquittal of Oakley of the charge of embezzement of $220702 of convict de- pjartment funds. which was cne of 21 indictments against the former president of the state board of convict inspectors. will probably throw all of his other cases out of court. I
 In the indictment charging complicty in the Bernard Frank transaction, for which Oakley was tried, the state adduced evi- dence attempting to show Oallley's com plicitly in all of the convict department defalcations. His name was connected with every irregular transaction of the department over which he presided, and the fact that he was declared innocent by a Montgomery county jury will doubtless have strong effect in the remaining cases against him.
 In the present case Oakley's name was connected with che various bank trans- actions and with every other fire gularity charged to the convict department.
 Oakley's acquittal tonight probably means the dismissal of the remaining cases against him. He is under more than a dozen indictments in Montgomery county, several indictments in Shelby county and three or four indictments in Bibb county, all charging the cmbezzle- ment of state funds.
 The evidence in the present case related to all the irregularities with which he was charged, and since he was acquitted of the first charge under which he was tried it is believed that he will find the remaining cases against him easy to de- fend.
 Lacked Documentary Evidence
 The defense lacked documentary evi- dence, which was one of the most dam- aging factors against his acquittal. ac- cording to general belief. However. his attorneys which included the most sembled together on one case in the history of the city court of Montgom- cry, built up strong defense. and made a deep impression upon the jury by their nasterly addresses.
 Ray Rlshton of Montgomery, while not the leading lawyer for the defense. made one of the strongest jury speeches of his career and Is believed to have been largely responsible for the de- fendapts ocquittal.
 Capt. Frank S. White of Birmingham was the leading counsel for the state, and his speech to the jury was of three hours duration.
 The Birmingham attorney made brilliant speech for the conviction of the defendant.
 Oakley's case continued throughout the week. having began last Monday. He was tried on one of fourteen in-