The Birmingham age-herald., 1914-04-09
State Attorneys Will Make New Line of Attack
 Is RumOr
RULING BY ALSTON
 PROVES SENSATION
Excludes Testimony of Lacy Trans- action Which Played Important Part in Clearing Oakley al
 Former Trial
Ny RALPH II. SILVER

Columbiana, April S.-tSpecial) Rumors of a new line of attack on the part of the states attorneys are heard here tonight following a conference of the counsel defending James C. oak ley, former president of the state con vict bureau. Reports are that the de- fense was utterly routed today by the rule of Judge Aston excluding the tes- umony of the Lacy transaction which Is said to have been the evidence upon which oakley was acquitted in his former trial at Montgomery.
 Unless new line for the defense can be found. opinion of lawyers who witnessed the legal battle this after noon. is that Oakley will be convicted The ruling of Judge Aston has proved sensation.
 In one of his comments this after- noon, Judge Alston said
 The statute is expressly intended, 1 believe. to keep state officials from meddling with state funds. no matter how honest their intentions may be. The mere fact that oakley commingied his private funds with the state funds would make him guilty"
 The court assured Attorney Hin that he did not charge him with being un- ethical in his different attempts 10 in- troduoe the forbidden testimony.
 May End Today
 From all indications the oakley trial will end tomorrow In an extremely technical legal combat between the court and counsel for defense this aft ernoon what Is believed to have been tue main testimony in oakley's be- half was ruled out by Special Judge A. H. Aston and 1t is believed there IS little more testimony which they win have to offer.
 Lacy will not appear The state rest ed it's case at 1.60 o'clock this morn ing. The defepse spent the entire aft ernoon in It's. fight to introduce the prohibited testimony late this even Ing, apparently giving up and some 10 or 20 character witnesses were placed on the stand before adjournine.
 J. Lee Long came to Cohlmbiana yesterday following a request tele- phoned by oakleys attorneys He re- mained in the city but few hours and was not asked to testify, It is un- derstooI that he has nd connection whatever with the trial
 Tonight the attorneys for the de- Tense are preparing a list of questions which they want to ask Mir. Oakley buts which win probably be held our by the court on the same grounds as the ruling this afternoon. The point in contest is introduction of.testimony to show that Theodore Lacy convicted chief clerk of the convict bureau handled the convict bureau funds. that Lacy had received s2750o of Oakley's private funds and that when Oakley drew the s35S216 out of the Hibb County Bank and Trust company-the act for which he Is now charged with misappropriation of states funds-he thought it was his own private mouey In other words, the defense tried and Is still trying to prove that if that act of Oakley's did constitute any viola ton of the law he did not know it. that he did not and never has received the $27.500 back which he gave IAcS. and that Lacy is to blame instead of Oakley if any offense mas been com mitted.
 Oakley Gives Little Testimony
 oakley himself was placed on the stand but gave very little testimony throughout the afternoon on account of the successful blocking tactics of the states attorneys Counsel for the de- fense led by Wiley Hill made T spr- tied fight against the ruling of tho court prohibiting Oakley from testify ing about giving the s27.500 to Lacy. and Lacy's duties and connections with the bureau of which Mir Oakley was president at the time of the d- legged violation of the law.
 During the arguments between the counsel and court and between oppos- ing counsel the jury was kept out of the room. The many trips made by the jury to and from the jury box dur ing the day caused considerable 'amuse- ment. At one time, after the jury had been brought in. Counsel Hill appar- entity began asking questions along the line. that had been ruled out and the judge very brusquely ordered the shere fir to get the jury out of the court room When they had retired Mr Hill calmly stated that he wished to talk objection to the manner of the court in asking the jury to retire.
 Bring that jury back in here" ordered the judge. The jury came back.
 "Gentemen of the iury," said Judge -------~--~~--~~>->- --->------~~~-~>
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