The Birmingham age-herald., 1914-03-25
PROBE
 OI:ICY'S CHARGE
 URGED BY BROWN
COnvenes Extra Session at Montgomery and Urges Grand Jury to Get
 Real Facts
Fly l.. s. BETTY

Montgomery. March 24-(Special.) ) Declaring that the good name of our state demands that the grand jury of this county shall investigate the charges made by Theodore Lacy that he gave the governor of Alabama s27,500 in May or June, 1911, Judge Armstead Brown, asso- ciate judge of the city court of Montgom- cry, today delivered an able and strong address to the county grand jury. which was reconvened at the request of the gov ernor.
 Judge Brown declared that if the gov ernor is guilty of the charges made against him by Lacy, convicted of the em.. bezzlement of $50,000 of state funds, that the governor should be indicted and pun ished for his crime. If not guilty the court said fhe governor should be com pletely exonerated, thus removing the bo. off the fair name of the state which a con victed felon had cast upon it.
 At the beginning of his charge Judge Brown told the grand jury that they had been reassembled for the sole purpose of investigating Lacys serious charge against the governor. to the effect that the chief executive was implicated in the toHFitN ucpditfltut SCdnudi.
 The court declared that it had not called the grand jury together either to indict the governor or to whitewash him, but Ito make a brave and honest effort to get at the real facts. and act accordingly in the light of your duty under the law. Whatever your report will be, either of accusation or vindication, it will meet the ultimate approval of heaven and earth alike, and contribute its part to the honor and glory of Oifr great state ,t
 Browns Charge in Full
 The following is the charge in full: "Genrlemtn of the Grand Jury:
 The court has reassembled your honorable body Tn session to investi- gate the chnrge, which is reported to have been made, by implication, at least. within the past few days, that the. governor of this state was crimin- ally connected with the recent convict departments scandal. arising out of heavy dedication in that department. for participation in which the former chief clerk of that department was convicted and sentenced only few days ago, on an indictment found by this very grand jury.
 "On Friday afternoon of last week there appeared in the Montgomery Evening journal q statement purport- ing to nave conc from former Chief
 
 county pending his appeal, which state ment my duty, regret to say, re- quires me to set out and discuss.
 "It was in the following language:
 Statement by Lacy
 MT. Oakley did give me that s27,50O in cash in May or June. 1911. Cover nor O'Neai got that $27,50O from me that day. When Brooke was examin- ing the looks and after had been or dered to get up all tho states money that was shown to be due according to the cash books in the convict depart ment. went to the governor and asked him for the money he had. and he told me that he did not have 1t then, but could arrange to put 1t back Friday
 ''This Was Tuesday of the week left here. He told me he would hold Brooke off for a few days, and for me to get Up what convict money 1 could. so that 1t could be deposited in Birmingham and draw checks on 1t, and he would arrange to have the s27.- 800 deposited to meet the checks He did not do this and he has never re- turned this money or any other money so far as l know
 .sOf course the mere loan to the gover- nor of private funds of Oakley by Lacy. If that is what was intended to be charged might not constitute any crim- iuaI act but the subsequent statement that it came to the governors knowledge that the prompt return of this money was needed to help out in making the states money on hand in that department square up with the amount shown to be due ty the cash books" that Brooke was examining the books and had ordered lacy to get up all the money that was shown to be due by the books and that in the face of this situation the .gover- ncr of the state promised Lacy to hold Brooke off for few days from the per. foimance of his duty, until the money that Lacy could get up. together with the sg7 800 which the governor was to get up and deposit in bank in Birmingham, would furnish a sufficient amount against which to draw checks to cover the amount due the sthte--this statement must necessarily imply that on the day be fore Lacy left, the governor was ap- pyIsed that Oakley's private funds were needed to cover a serious shortage in the funds of the convict department. and that with this information in his pos- session he promised to hold of the exam iner from the discovery of this shortage until he could aid in covering up the shortage by & deposit of large sum In Birmingham to be made by himself. ff
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