The Birmingham age-herald., 1914-02-01
Understood the AbscOnding
Clerk Has Plan of Defense
Well Formulated
CHARGE INDICTMENT
ERRONEOUSLY DRAWN
Immediate Action of Lacy Mostly
Matter of Speculation-Con-
tinues to Refuse
to Talk

Montgomery. January 3t.--tspecfal.5
7 heodorc Lacy. the absconding chief
clerk of the state convict department..
will make fight for h . liberty. ac-
cording TO reports which were circu-
lated In official circles today.
1t is declared that Lacys defense will
be based on the ground that the indict-
ments under which he Is held were err
roneously drawn. inasmueh as he did not
receive the money which he is alleged
to have embezzled on his own personal
checks
| This was the report in circulation today.
| although Lacy still refuses to talk on the
| advice of his attorneys, and state Of
| ticials are equally reticent, None of the
| state officials, however, seem to be ac-
| quainted with any of the facts in the
| case.
All that is known is that Lacy has re-
| turned. but where he came from or where
he spent the past 10 months is unknown
| to officials. If his attorneys know they
| will not tell. If lacy has brought back
any of the money which he is alleged to
| have stolen no one seems to know any
| thing about il.
Governor in Dark
The governor is as much in the dark as
anyone else. lie expressed deep satis-
| faction when he learned that Lacy had
surrendered. and declared that the state
would prosecute the alleged defaulter to
| the full extent of the law.
II was learned. Saturday that Lacy is
willing and anxious TO go on trial at once.
1t seems that he has his line OF defense
well formulated, and the court proceed
lngs will be as interesting as any ever
heard in Montgomery.
| Indications are that Lacy viii be rep
resented by Ray Rushton of Montgomery,
| Ed w Pettus of Selma, Lacy's cousin.
and other prominent attorneys.
| The state will be represented by At
torney General Robert c. Brickel Maj.
r. r. Steiner of Montgomery and r. Is.
Evins of Greensboro, the governors lega
adviser. Major Steiner and Mr.. Evns
have already received their fee for pros.
ecuting the case.
Where Has He Been?
Where Theodore Lacy came from
where he spent the long months of hi.
exile, and what he did with the money
he is alleged to have stolen are ques-
/, tions that are still puzzling both stats
officials and police authorities. Ac-
| cording to the most authentic reports
| Lacy came to Montgomery from Col
lumbns, Ca. where he is supposed 10
have been for three weeks before his
surrender. 1t has been ascertained be-
| yond all reasonable doubt that Lacy
came into Montgomery Thursday night
| from Perry's Mill. u station on the
Central OF Georgia railroad. II is be-
lieved that he came to Perry's Mil
from Columbus, one of the main points
on the Central of Georgia
This opinion Is said TO be held bS
| Detective E. o. Miles of Atlanta, whc
is believed to be due the chief credit
for Lacys surrender. However, the At
Ilanta detective declares that he does
lnot know where the defauting CHIEF
clerk came FROM although he states
| that he believes he was In Columb us
Ca, for three weeks before his return
to Montgomery Detective Miles cam'
to Montgomery last night from At
lanta and viii probably remain In Mont
| gomery several days.
1T is understood that he win not ash
for the reward OF $4,000 which the gov
ernor offered for Lacy's capture.
The absconding clerk voluntarily sur.
rendered, hence it is supposed thai
there can be no question of reward,
Denied Bail
Solicitor William Il. Seibels Is ex
pected to return to Montgomery to
morrow morning from Baltimore
lWhere he has been for the past wcel
on business. Lacy was denied bail %.
| Judge Armstead Brown of the Mont
gomerv city court, owing to the fac
that the county solicitor was out o
the city. Monday morning Judge Brow
will hear an application OF Lacy's at
torneys for a reduction of the default
ing clerks bond from $4,000 to S25, ,000
the original bond demanded by Judg'
Brown while Lacy was a fugitive from
Justice. and was based on several in
dictments.
| James G. Oakley. former president oi
the state board of convict inspectors
under whom Lacy was serving wher
he Is alleged to have abseondeo
with 100000 of the states
funds is said to be at Ashley. In Bibt
county, where he is engaged in the
general mercantile business According
10 reports no word has been received
from Oakley since Lacy surrendered.