The Birmingham age-herald., 1914-02-22
Judge Merrill Notifies the
Governor of Decision to
Call Extra Session
of Court
MONTGOMERY TRIAL
SET FOR MARCH 4;
NO POSTPONEMENT
Former President Convict Board to
Face Trials on Embezzlement
Charges-Interest Centers in
Lacy Case Tuesday
BY l.. $. BETTY.

BY IL. =.
Montgomery, February 21.-(SpecinI.)
James G.. Oakley. former president Of
the state board of convict inspectors,
under indictments by the shelby county
of s35f7.S0 of state funds and under In
dictments by the Montgomery county
grand jury charging the embezzIement
of approximately $4,000 of state funds,
viii be tried mt Coiumbiann April :
mt a special term of the Shelby circuit
court for the alleged Irregularities in
flat county.
This announcement was made this
sfternoon by Judge Hugh b. Merrill.
fudge of the seventh judicial circuit,
who communicated with the governor
by long distance telephone Judge
Merrill informed the governor that he
thought April would be good time
for the trial, allowing both the state
md defense ample opportunity for the
preparation of the case.
oakley's trial by the Montgomery city
court under indictments charging the
has been set for March 4, and 1t Is
understood that both sides will be
: ready for the trial at that time. No
postponement of the trial is expected,
the only circumstance which could de-
lay the hearing being oakley's ILL
ness with catarrhal fever, which pre-
vented his appearance at Columbiana
last Tuesday for his trial by the shelby
circuit court.
The governor expressed extreme sat
isIaction that Judge Merrill had or
dored special term of court for tho
trial of Oakley, though he was not
surprised at the action. The chief
executive said Friday Afternoon that he
believed Judge Merrill would call
special term Of court. and declared that
ne wonld request him TO do SO in the
.aent tnat action was not taken.
No Developments in Lacy Case
There was no new development in
the case of Theo. Lacy today. The
principal development which has oc
turred since Lacy surrendered was
made known late Friday afternoon,
when the attorneys for the defense
asked that more than 150 witnesses
be summoned. The witnesses include
many of the most prominent men in
Alabama, state officials, judges bank
ers, business men, and others In every
walk of life having been summoned
10 testify for the alleged defaulter OF
the convict department.
Lacy will be placed trial next Tues
day morning, and the people of Mont
Lomery are awaiting with keen interest
that important event. The trial bids fair
To be one OF he'greatest in the criminal
ennais of the state, and there Is every
xl.r4 - fro will
thronged to its utmost capacity when the
celebrated case Is called
Both sides have a brilliant array of
lawyers, some of the abisst and most dis
tinguished attorneys III Alabama having
been retained both for the state and de-
fense.
Lacy does not seem to be all disturbed
over the approach of his trial, He still
laughs ard talks with his friends, dis
cusses politics and other questions of the
day, but never refers 10 his case. He
does not say where he went when he made
his escape with 10000 of state funds in
his possession, nor does he indicate in
any way whatever what disposition he
made OF the funds.
The people of Alabama may never know.
The state may never recover one dollar
of the money that was stolen.
May Ask Minimum Sentence
Lacy's defense viii probably be based
on technical grounds. 1t is thought that
he summoned $50 witnesses to testify to
his character and standing, In order that
he might secure minimum sentence.
The common opinion is. however, that
every effort will be made to break the
states case. probably to throw the case
cut Of court. and II not, with the large
array of witnesses. to establish I.acy's
character and ask for minimum sem
tence.
Gomery and the entire state await
ing with much interest the unfolding of
the greatest drama in the criminal annals
Of Alabama