The Birmingham age-herald., 1914-02-26
TRIAL YESTERDAY
GIVEN IN DETAIL
ny l.. S. BETTY

Oh the tfiai or theodore Lacy, alleged de-
faulter of convict department funds,
Judge Armstead Brown of the city court
announced his ruling on a number of the
demurrers introduced by lawyers for the
defense when the case was first called
Judge Brown overruled the defenses de-
murrers to the first counts of the indict-
ment charging that Lacy had acted in an
official capacity in receiving the funds of
the department. He also overruled all the
other demurrers of the defense except
those which pertained to the counts of the
indictment charging that Lacy had re-
| ceived the funds bailee or trustee, an
nouncing that he was not at that time
| prepared to act on those particular de-
murrers.
gested that the court take them under
consideration at that time. and, in
| order that sufficient time might be
given Judge Brown to study the ques-
tion, recess was taken for an hour.
On reconvening, Judge Brown an
Inouneed that lie would overrule the
| defense's demurrers to the counts al
leging that Lacy was acting a bailee
chief clerk of the convict department.
Further recess was taken, in order
that lawyers for the two sides might
confer with their witnesses, and it
was noon before the actual Trial was
begun, all of the witnesses having been
sworn in a body
solicitor Seibels then read the in
| dietment containg 80 counts. 10 the
| jury and entered into a brief expla-
nation of the indictment. He told the
jury that the indictments alleged, In
| plain language, that Lacy had stolen
$4,000 of the states money; that lie
had carried it off in a pine box, and
that the state was prepared to prove
| its allegations.
Charles L. Harold, president of the
Montgomery Savings bank. and an at
torney- -at-law, was the first witness in
troduced by the state. Mr.. Harold tes-
| titled that prior to March L. 1913, the
state convict department had deposited
various amounts in his bank aggre-
| eating more than S150,0O0.
Witness said that most of the de-
posits were made by Theodore Lacy
and were placed to the credit of James
| q. Oakley, president of the board of
convict inspectors.
Witness testified that on March 3,
1913, Lacy had deposited in his bank
$103. 600, which amoutn was placed 10
| Oakley's credit, as president
| Captain Frank S. White, attorney for
the state, showed witness number of
| deposit slips, together with a num-
| Der of checks, which witness thought
were indorsed by James G. Oakley,
president.
IHt utlSHSe luttTpoSeu an ODJeCllon
| to admitting the deposit slips and
checks as evidence and some argu-
ment was entered into by attorneys
for the swo sides. Objection to their
admission as evidence was based on
the grounds that witness was not GER
tain the writing was in oakley's or
Lacy's handwriting. The court reserved
its ruling until later.
Witness was still on the stand when
the court recessed at l o'clock
Afternoon Session
Montgomery, February 25.-(Special) }
Court reconvened promptly at 2:3O o clock
and the examination of Mr.. Harold was
resumed. Captain White questioned wit
ness closely concerning the Endorsements
on various checks, witness stating that
| in his judgment the Endorsements were
| in j. G. Oakley's handwriting.
He testified that his bank received the
| deposits and turned them over to the
Montgomery Bank and Trust company
Questioned as to the total amount to
the credit of j. G. Oakley, president, on
March s, 1913, Mr.. Harold said there was
| $1i3, 473. i6.
| Captain White next asked Mr.. Harold
to tell the conversation which he had
with Lacy relative to Withdrawing the
| money from the bank.
According to witness, Lacy called at
his bank on March s. and informed him
| that he Lacy) had just deposited various
items aggregating about $780, 900, which
he wished to have collected by the next
Tuesday. Witness said Lacy insisted on
having the money by March II.
Could Not Get All
Witness told Lacy he could not let him
have all of the money, but promised to
let him have as much as possible.
Following his conversation with Lacy
witness said he called at Oakley's home
to ascertain from the president of the
convict board If he wished Lacy to be
given so large a sum Of money. Witness
said Oakley informed him that Lacy
wished to make settlement with the
state treasurer and gave his consent for
his chief clerk to receive the money in
cash.
Mr.. Harold then told the jury that
Lacy called at his bank on Tuesday and
that he gave him $22 coo in cash. Witness
then accompanied Lacy over to the Mont
gomery Bank and Trust company, where
he received from that bank $4,000 in cash
and sSs,oO0 in New York and Cincinnati
exchanged Lacy then had $72. 900 in cash.
The Pine Box Again
Mr.. Harold then told about the pine
box, in which the money was placed. He
said the box was about two feet long, 12
inches wide and about eight inches deep.
Witness testified that the box was put
in the banks vault for safekeeping and
that while he was at the bank the follow
ing morning Lacy came and took the box
away with him. He said he did not see
Lacy again for about 10 months, after he
had surrendered.
Captain White next questioned witness
concerning former methods of drawing
money out of the bank and it was
brought out that Lacy had not previous
to that time-March II, 1913-drawn any
money in cash at the bank.
Finishes Testimony
The state finished with Mr. Harold at
4:45 o'clock, after he had been on the
stand several hours.
The cross-examination of the defense
was conducted by Ray Rushton. Harold
corroborated his previous testimony con-
corning the withdrawal of the money
from the bank by Lacy. Mr.. Rushton
questioned witness closely concerning the
pine box. it's description, and various
facts testified to on direct examina tion.
The cross-examination was brief
Answers in Negative
When asked by Mr.. Rushton if his
guaranteeing deposits, Mr.. Harold an
He had been on the stand from 1925
O'Clock until 5:15 O'Clock
The next witness was Thomas J. Phil
lips of Florence. member of the firm
of Thoele- Phillips Manufacturing COM
pany, one of the employers of state con-
vict labor. The witness identified GER
tain checks which his firm had paid to
the state for the Of convicts He
was permitted to testify IN order that