The Birmingham age-herald., 1914-03-12
OAKLEY GAVE LACY S27,500 IN CASH IN
 THE SUMMER OF 1911
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 swer would be self-servng declaration, and it was not allowed to be made. The question as to the right of the defense to secure an answer to rnis question Was argued for nearly an hour, with the re- suit that no decision was reached by the court. Judge Brown will rule on the question tomorrow, and Oakley may be allowed to proceed with his story. How ever enough had been learned to tell the entire plan of the defense.
 The defense may not try to acquit Oak ley of extreme negligence, but they will certainly try to acquit him of conspiracy in Lacy's transactionsr
 In brief the defense will proceed on the theory that Oakley placed implicit confidence in Lacy, even to the extent of allowing him to handle his personal funds. Oakley was absent from the city a great deal. looking after his other business interests, and Lacy acted in the capacity of personal secretary.
 Sometime after entrusting his chief clerk with the custodianship of S2i,5O0, Oakley, needing some ready money in Bibb county, deposited certain convicS de- partment funds in the bank at Centreville. Some of this money was deposited to Oakley's credit as agent according to testimony adduced by the state.
 The defense will claim that Oakley, realizing that he had a large sum of money in the possession of Lacy, did not think he was guilty of any crime in con- vertng certain convict funds to his own use. inasmuch as Lacy, who kept the department books, would be able to replace the money from the fund of $27,500 belonging to Oakley personally. Moreover, there may have been other times when Oakley used some of the states money, but again, there was this reserve fund of which Lacy was the cus- nd rnttl1 t,aal
 This is the defense so far as can be learned. Whether it will acquit Oak ley in the eyes of the 12 men who are hearing his case is another story. It will not acquit him of carelessness, ex- treme negligence or of ncompetency probably. but the defense is based on the theory that Oakley is not an embezzler, that he did not knowingly take any of the states money.
 Chauffeur Again Tells Story
 The state did not rest it's case until 4:3u o'clock this afternoon. Practically the entire day the spectators in the court room heard evidence that had been brought out in the Lacy trial. Chauffeur Harry Dickinson, who drove Lacy around the city on the day of his flight, again told his story, and various witnesses were put on the stand in an attempt on the part of the state to show Oakley's S complicity in Lacys transa ctions. Some of those who testified were H. Y. Brooke examiner of public accounts; J. l.. Puri- foy. chief clerk of the treasury depart ment: W. A. Conolley and others.
 The defense put on several character witnesses. though most of them are re- served until tomorrow. Those who testi- fled to Oakley's good character were Judge W. w. Brandon of Tuscaloosa. Dr. C. P. Martin and pr. W. B. Bunkin of Blbb county and pr. w. c. Schoolar of Birmingham.
 The days proceedings are as follows:
 Trawick CrOss- Examined
 Dan G. Ira wick resumed the stand when court met at 9:30 this morning. The de- fense continued it's cross examination Witness said he had never heard any thing against the character of J. c. Oak ley until the convict scandal was dis covered.
 ]. ]. Campbell cashier of the Exchange National bank of Montgomery identified a deposit slip of $e917.22 crarying a Gooden. Reid & Co. check. A few days after the deposit was made, s5OO0 was drawn out of bank. It is the states con- tention that this money did not reach the state treasury.
 Following Mr. Campbels testimony Judge W. w. Brandon of Tuscaloosa was put on the stand. Judge Brandon said he had known Oakley D years. and that he had always borne a good character.
 Harry Dickinson, the chauffeur who drove Lacey around the city on the day of his flight, March E. 1913 was next called to the stand by the state. DiclSin- son repeated his testimony given in the Lacy case, describing in detail the va rious incidents connected with Lacy's