The Birmingham age-herald., 1914-02-25
Former Clerk of the Convict
Department Charged
With Ascending
With $4,000
JURY is SELECTED
WITHOUT DIFFICULTY;
COURTROOM PACKED
First Days Developments Consumed
With Arguments Relative to the
Proper Interpretation of Ala
bama's Statutes Regard
ing Embezzlement
BY l.. $. BETTY.

Montgomery, February 24.-lspeciaD
Theodore Lacy. former chief clerk of
Fshe state convict department.. who Is
sIIeged TO have absconded nearly one
year ago with s9O,OOO of state funds
in his possession and under seven In
dictments. charging the embezzlement
Of s182,OOO of convict department funds,
placed on trial In the city court of
Montgomery this morning under an in
dictment charging the embezzlement
and larceny of $4,000.
The first days Developments of the
celebrated criminal case were concerned
chiefly with arguments relating to n
proper interpretation of the Alabama
statutes with reference to embezzle-
ment.
The entire day was consumed by law
yers for the two sides in an attempt to
secure a ruling from Judge Armstead
Brown, before whom the case Is being
heard, on the 81 counts of the first indict-
ment under which Lacy is being tried
The Governor Present
In the court room when the case was
called We're assembled many of the most
prominent men of the state large num-
Der OF whom had been summoned as Wit
nesses one OF the first to arrive was the
governor of Alabana, who sat with the
lawyers for the state during the greater
part of TIE day. other Spectators num-
bered many state officials, men who had
knows Lacy intimately during his oonnec-
secluded leading citizens from other parts
of the state
The lawyers in the case constitute as
brilliant an array of legal talent as could
be found in the entire state, both sides
being represented by attorneys whose rep
utations are known throughout tie south.
For the defense there were present the
following lawyers: Ray Rushton, the
firm of Hill, Hill. Whiting & stern of
Montgomery, Judge c. G. Nesmith and
Col. Jesse stallings Of Birmingham and
Il. w. Pettus of Selma.
The state is represented by Attorney
General Robert c. Bricken, Capt Frank
5. White OF birmingham, Ben p. Crum
and r. Il, Steiner, Jr., of Montgomery and
William T. Seibels, solicitor and Robert
(. Arlington. assistant solicitor. 9he at
torneys for the defense demurred to 26 of
the counts in this Indictment all the
counts alleging embezzlemefit and con-
sentcd to allow their client to go to trial
= on five counts charging larceny. The at
torneys for the state insisted that the va
rious indictments should stand that they
We're drawn according to the statutes, and
that they shouldn't be oyerruled because
of any technical construction of the law
Argument on Indictments
Argument on the indictments continued
from II 80 o'clock this morning until
O'Clock in the afternoon, with an inter-
val of one hour for recess. At the con
clusion of the argument this afternoon
Judge Brown adjourned court until 9:au
% clock tomorrow morning, at which
time he will annonce his ruling ON the
demurrers interposed by the defense.
The principal argument presented by the
defense today was the absence of a statu-
tory provision covering the VARIOUS counts
In Lacy's Indictment. The defense MAIN
tanned that the law made no provision
for embezzement in the convict depart
ment except by the president of the
state board of convict inspectors; that
Lacy, as chief clerk of the department,
wasn't authorized to receive money from
the department., and that if it had been
turned over to him by James G. Oakley
president of the board, he could not be
considered guilty Of embezzlement If he
converted the money to his own use, in
asmuch as ii had not lawfully come into
his possession.
In other words the defense made the
point that Lacy was not acting in any
official capacity when he received into his
possession convict department funds,
since he was not the custodian of these
funds. Furthermore, that authority to
regulate affairs of the department was
conferred only by the legislature by stat
utory provision, and that inasmuch as the
statute had not conferred authority upon
the president of the board to make laws
Tor the department. as Lacy could not