The Birmingham age-herald., 1914-02-27
LACY'S LAWYERS
NOT DISTURBED
BY l.. s. BETTY

Montgomery, February 26-(Special)
Despite The fact that all evidence that
has yet been adduced by. the attorneys
for the state in the trial of Theodore
Lacy has tended to show eonclusively
that he is guilty of embezzing. or steal
ing more than $4,000 of state funds. the
defendant will probably be placed on the
stand by his lawyers to testify in his own
behalf. after having entered a plea of
not guilty to the states charges.
At the conclusion of the third day of
Lacy's trial, when everything seemed
black for the former chief clerk of the
convict department, and when there did
not appear to be a single doubt of the
defendants guilt, the attorneys for the
defense announced that they hsad not
changed their minds with reference to
calling Lacy to the stand. They insin-
uated that Lacy's story would be new,
something unsuspected, yet a story which
would be believed by all who heard it.
Think Evidence Sufficient
The attorneys for the state cannot be-
lieve that Lacy will go on the stand.
His evidence could be no other than of a
barely incriminating nature and none that
would aid the cause of the defendant. They
believe that the evidence they have
brought out during the past two days will
be sufficient in itself to convict him of
embezzlement, and they still have other
witnesses to examine. The state may not
conclude its case before tomorrow after
noon, and attorneys for the prosecution
maintain that they have much other dam
aging evidence to place in the hands OF
the jury. What the state has already
adduced, which seems in itself suffi-
cient. will be supplemented by other tes-
timony to prove the guilt of the defend
ant.
And so it seems. But the defense has
not yet shown its hand. The state may
prove that Lacy got $4,000 of state funds
and packed it away in a pine box, but
there might have been mitigating circum-
stances which is one theory, of course.
Lacy might have drawn the money out
of the banks with the intention of turn
ing it over to the state treasurer. as
seemed to be his intention when he asked
his chauffeur to drive him to the state
capitol.
Did Not Go to Capitol
But he did not go to the capitol. In
stead, he went to his home, and entered
the house with the box under his arm.
Reappearing. he was driven to the depot.
where he had a suitcase checked by the
negro porter, Gardner.
Lacy might then have intended going
to the capitol with the boX-it was still
in the automobile-but wishing a drink,
stopped the way at Harrisons sa-
loon. He might have met friends in the
saloon and had several drinks.
Not caring to go at once to the capi-
tol when he came out of the saloon, Lacy
might have wished to ride in the auto
mobile. Another stop at saloon, n cir
cuitous drive, and back to Harrison's bar
BY that time Lacy might not have cared
whether he went to the capitol or not.
He might have been In such a condition
that he could have been robbed-who
knows.
This is one theory.
Again Lacy gave checks on the day OF
his disappearance on Birmingham banks
for more than the amount of the convict
shortage. He might have intended taking
the money to Birmingham to deposit be-
fore the checks were returned for colec-
ton, and he might have been robbed be-
fore reaching the Magic City. Another
theory.
No one knows what will be the out
come of the famous trial. The lawyers
representing the defense say that Lacy
has a story to tell. and that he will be
given an opportunity to tell his story.
They say it will be believed.
The states lawyers maintain that Lacy
will be convicted; that all evidence is
against him, and that they doubt that
he will go on the stand. What would be
his testimony? they ask.
And this is the question of everyone
who has followed the Lacy trial.