The Birmingham age-herald., 1914-03-02
Lacy's Attorneys Request Defendants Sentence Be
 Fixed so They Can Perfect Appeal
OPINION PREVAILS
 LACY WILL BE GIVEN
 MAXIMUM PENALTY
Other Cases Against Lacy, Who Is Charged Under Six Other Indict- ments, Will Hardly Be Tried
 at This Term of Court
By l.. s. BETTY

Montgomery, March 1.-(speciniD Theodore Lacy. found guilty saturday yight by Montgomery county jury of embex.ling S50,OOO funds of the state convict department, in which he served ns chief clerk for more than two years, will probably be sentenced to a prison term by Judge Armstead Brown tomor- row. .s.-.-ts
 Lacy's attorneys have requested Jndge Brown to fix the defendants sen- tence as carly as possibte h order that they may perfect an appeal. The case Win be tried on appeal in the court of appeals, and win be called, probably, sometime during May, when Montgom- cry county cases will come before that tribunal.
 Maximum Penalty Expected
 Tn pursuance with the request of Lacy s attorneys. Judge Brown. it is understood, will fix the former chief clerks sentence when court convenes tomorrow morning. The sentence will be fixed at from one ,fo 10 years, according to statutory pro- Avision, and opinion prevails that Lacy will be given the maximum penalty.
 The other cases against Lacy, who is charged under six other indictments, will hardly be tried at this term of court .T'ae defendant was to have been tried under the seven indictments on last Tues da,, the time fixed by the court for the hearing of the celebrated case. but the entire week was taken up with the trial under the first indictment, that charging embezzement of s50,000. The seven indict- ments alege the embezzlement of $162, 900, four of them having been found shortly . after Lacys flight. and three of them having been returned by the recent grand jury. The indictment for $50,000, under which he was convicted, was drawn a few weeks ago
 Await Action of Higher Court
 It is not believed that Lacy will be tried under any of the other indictments until the court of appears has passed tpon .liis case, which action willepot be s aken besore she ShfiriS. Tsss ss },ket os khe city court Is sufficiently crowded to occupy this entire term of court, and even if there were not large number of cases to come before the court. 1t is unlikely that Lacy would be tried at this time under the other indictments.
 Regarding the action of the Jury in convicting Lacy, there has been consid- erable satisfaction expressed on the part of the people of Montgomery The jury S verdict of guilty was not unexpected.
 The governor of Alabama, who had followed the trial since It began, an- nounced shortly after the jury returned l it's verdict that he had never enter 7 tained any doubt of Lacy's conviction. The governor was greatly pleased
 Much of the states success in Winning a verdict against Lacy was due to the ~r fhn trnx had S1fyI plykd the list of witnesses to be sum- moned, and who had given all the aid in his power to the able attorneys whom he had employed to assist the attorney general and solicitor.
 The governor today declined to give any expression in regard to Lacy's convic- tion, announcing that the court had not fixed Lacys sentence. and that he pre- ferred not to make any statement until such action had been taken.