The Birmingham age-herald., 1914-04-09

gave him his official check for $35S2 F as president of the convict bureau. Witness stated that this check was paid out or the convict department fund in his bank, made up from the many former checks which he had first identified, and stated that Oakley received the New York eX- chance from witness and gave him the check in payment for it in person Upon being. questioned by Counsel Hill for the
 defense, witness stated that the draft
 was not cashed by his bank. that no money nothing except checks, had changed hands, that he had known Oak ley all his life and his character for honesty was the very best"
 The second witness was William W. Lyman, who stated he was cashier of the Merchants and Planters bank at Monte- vallo September Is, 1912. when James G. Oakley presented to him in the bank a New York exchange draft for $S5S2 r and
 identified il as the same draft Bank President Kennedy had identified as the one he gave Oakley: that Oakley depos- ited it to his personal account, drawing out on that day $5S2 r in cash, leaving the S3000 for the time being. Witness stated that some few days later he paid out this remaining s3000 on d personal check of 0akleys. drawn on his bank, and received by him through the malls from the Birmingham Trust and Savings bank. Witness stated he was not positive, but believed the first ndorsemem of the check was by the Braddock Town Inn provement company. Upon examination by Attorney Hill for the defense, witness stated that he had been a witness in the former Oakley trial. that no actual money had changed hands, all the transactions being done by check. and that he thought Oakley's general character and honesty were good
 c. F. Peter. president of the Braddock
 
 witness of the state. Witness testified
 that about September IS, 1911, he received a letter from James G. Oakley enclosing a personal check for 5000, and asked that it be credited to Oakleys indebtel- ness on note he owed to the improve ment company, and return him recep.
 which he did. Witness stated this check
 was drawn on the Merchants and Plant CTS bank of Montevallo, and that he sent it to the Birmingham Trust and Savings
 bank. which was his banking house, Sep tember 19, 1911, where 1t was credited to the account of his company.
 $. II. Goodin, senior member of the firm of Goodin, Reed X Co, of Gin cinnati identified several large checks which he stated his company had paid to James G. Oakley as president of the convict bureau for goods and products of Alabama cotton mills the mills opera'e ed by convicts at Speigners. the state peni- tentiary.
 Dan Trawick. clerk in the convict de- partment, identified many checks paid MT. Ookley as president of the depart nent for goods manufactured ar the state cotton mills. When the defense started the cross-examination of MT. Ira wick was when It's troubles began. At . torney Hill asked if Lacy did not handle all of these checks. Captain White cb jected, the jury was taken out and the war was on. Mir. Hill here made his dec- laration of what the defense sought to prove, but the court sustained Captain Whites objection, MT. Trawick was dis missed, and the state rested.
 After conference of the counsel for the defense, Attorney Hill moved that all the testimony deduced by the state be excluded on the grounds that checks and not money had changed hands and the indictment charged money. That if any offense was committed 1t was commit ted in Bibb county when Oakley drew the money out of the Bibb County banS and not in Shelby county when he drew it out of the Montevallo bank. A ter ex tended arguments by both sides, the court overruled the motion and adjourn ment was taken.
 Oakley on the Stand
 Mir. Oakley took the witness chair when court convened for the afternoon session. He stated that he was a fsr-
 mer. Then MT. Hill asked him about the alleged l27,500 transaction with Lacy and the struggle was renewed The jury retired and for two or three hours the objection of Captain White to the question was argued. the defense stating that what they wished to prove was oily that when Oakley drew that money out of the Bibb county bank lie thought it was his own money. The counsel for the defense made repeated tffOj ts to introduce such testimony but every time were blocked, and finally. when the judge insisted. they statsd
 that the order dispatched to Sheriff