The Birmingham age-herald., 1914-03-11

1 sl to its credit in the First National bank. The court declined to allow Mir Hill, on cross-examlnation, to inquire concerning the governors dealings with the Firs,
 National bank of Birmingham The next witness called was Bernard Steiner, who was the cashier of the Mont gomery Bank and Trust company at the
 time of the dedication. He testified concerning the withdrawal of the money by Lacy from his bank.
 William Lyman, cashier of the Mer- chants and Planters bank of Monte vallo, was the next witness. He testi- fled that Oakley had deposited funds in
 the Montevallo bank to his own per sonal account. He produced a trans action of a deposit of s35S2.17 in New York exchange, drawn by the Bibb County Bank and Trust company. and deposited to Oakley's credit. Of this amount s5S2.17 was drawn out in cash and S3000 paid in draft on the Bir- mingham Trust and Savings bank to
 the Braddock Town and Improvement company.
 Following MT. Lyman's testimony court adjourned until 2:30 o'clock. Afternoon Session John s. Kennedy, president of the Bibb County Bank and Trust company was re-
 called to the stand by the state when the Oakley trial was resumed this after noon- MT. Kennedy testified in detail concerning J. G. Oakleys account with the Bibb county bank. Oakley discon- tinued his account in February, 1913 The check for $35S2 1T on the National Park bank of New York, signed by John s. Kennedy, president of the Bibb County Banking and Trust company, and given to Oakley, which was deposited in the MonteVallo bank, was presented in evil dence over the objection of the defense. On cross-examination, MT. Kennedy
 said Oakley gave check signed by J. G. Oakley, agent, in exchange for the vouch- CT on the New York bank. William Lyman, cashier of the Mer- chants and Farmers bank of Montevallo recalled by the defense to answer ques- tion of minor importance, testified that Oakley's character was good and that nothing was heard against him until the present trouble.
 F. D. Kiryin, vice president and sec retary of the Montgomery Bank and Trust company, testified about the money paid to Lacy. His testimony was a cor roboration of MT. Harold's testimony given earlier in the day. He went over the story of the pine box and said Lacy had never returned the money.
 w. J. Osborne, teller and assistant cashier of the Montgomery Bank and Trust company. corroborated the testi- mony of MT. Kirvin and Mir. Harold He said he did not see Mr. Oakley the day the money was paid to Lacy and did not know him.
 J J. Campbell cashier of the Exchange National bank, told the jury that Lacy deposited exchange valued at S3S O50 in the bank March Il, 1913, and drew out in cash SlS.000 the next day.
 asked him why he didn't give a check said MT. Campbell, and he fl,, there was any money on hand he wouk ask the governor to have it paid into the treasury
 Payment of the balance in the bank was made to the state treasurer by the bank after Lacy left Montgomery.
 John M. Brame, cashier of the Fourth National bank of Montgomery, followed MT. Campbell on the stand. Mr Brame testified that Oakley had carried an ac- count with his bank as president of the board of convict inspectors, but that the account was closed July 8. 1912
 G. r. Peters of Shelby county testi- lied that Oakley had sent him check Tor $3O00 in payment of some real estate purchased by Oakley. This trans action occurred in September. 1912 Mr. Peters is the president of the Braddocx Town and Improvement company. On cross examination he said he had known Oakley for 20 years and that he had always borne a good character in his community.
 G. Trawicls, chief clerk of the state convict department, identified a num- Der of checks as having been given in payment of convict hire or for products purchased by the state. He showed the book of the departmnet in which such transactions were entered
 On cross-examination Mr Trawicl< said he did not remember that oakley had ever made any deposits of convict department funds. He said that Lacy handled most of the funds of the de- partment.
 MT. Hill asked Mir Trawick if Exam 1ner Brooke had not said he would have an official of the department ar rested if he (BroolSe) found any of the convict departments money on de- posit in banks.
 "He did not tell me-" said MT. Ira wick.
 Did he tell anyone In your hearing" 2"
 No. not that I recall"
 Did MT. Lacy tell you at Harrison's S saloon that if the money was not taken out of the banks MT. Brooke would have them arrested?"
 No. sir, not at the saloon" was the answer. Witness was not permit ted to say if MT. Brooke had told him this at any other time.
 Court adjourned at 6:30 o'clock this afternoon with MT. Trawick still under cross examination.