The Birmingham age-herald., 1914-03-13
LACY MAY BE
 PUT ON STAND
 TO TESTIFY

Montgomery, March 12.-(speciaI)
 Theodore Lacy, sentenced to serve 10
 years in the penitentiary for the em-
 bezzlement of S5O.O00 of state convict
 department funds, may he called to the
 witness stand to testify in behalf of
 James C. Oakley, on trial in the city court of Montgomery for the embez-
 clement and larceny of S22O7 .O2 of state
 funds.
 Lacy may be called upon to verify Oak
 ley's statement that he delivered to him in the summer of 1911 the sum of $27, ,500
 which was a part of the sS00O0 whic; Oakley received from pr. G. B. Grove of Birmingham.
 The former chief clerk of the convict department may admit to the jury that
 Oakley did give him this money, thus
 substantiating both Oakley's and pr. Crowe's testimony
 But will Lacy admit anything further? ? Will he, who is already thief in the
 eyes of the public and the law as we'll
 utter another discriminating declaration? Lacy several days ago gave out an enigmatical statement to the effect that an innocent man was being made to
 suffer There is every reason for believ- ing that Lacy referred to Oakley. In fact, no other interpretation can bs placed on his statement.
 If such Is the case, then Lacy might testify to receiving s27,5OO from Oakley. He might, in his desire to aid an 'nno- | cent friend claim that he deposited this
 money with every good intention of mak- ing proper use of it-for his friend. But will Lacy tell anything else? It is not believed that he will He can refuse to take the stand, under his con- stttuional rights but he may not refuse to take the stand for Oakley, his former chief. And he may tell nothing else than that he received $27500 from Oakley. Is Already in Jail Speculating further, should Lacy gc on the stand, what good would it do tn ?
 state. The law requires that the state can force witness to testify after he
 goes on the stand. But Lacy is already
 convicted thief. under sentence of 10 years in the. penitentiary, hence, it is argued the court could only impose a brief sentence of~a few days upon him
 for declining to answer any of the states questions and remand him to jail his
 
 Lacy might testify for Oakley and de- cline to testify for the state. The penalty for fusing to testify for the state would
 be jail sentence for contempt, and Lacy is already in jail.
 Lacy may go on the stand for Oakley,
 but it is safe to say that he will not tell his story-the story of his wanderings
 during the 10 months of his absence from Montgomery. or what disposition he made l of the S90000 he is alleged to have stolen. | He may say that he received $27,500 from Oakley, but it is not believed that he will give any further incriminating testi- mony.
 Not Yet Decided 1 Attorneys for Lacy have not yet de- cided whether they will put him on the stand. It was reported this afternoon that he would go on the stand tomorro4
 morning, but the report cannot be con | firmed. His attorneys confess that they have not yet made up their minds. ] But even if Lacy does go on the stand,
 it is safe to assume that the people of the state will be none the wiser. They will not learn what became of the money
 so carefully placed in the wooden box.