The Birmingham age-herald., 1914-03-11
Witnesses Testify Regard ing Defendants COnnec- tiOn With Transac-
 tiOns With Clerk
PRACTICALLY ALL OF
 TESTIMONY BROUGHT OUT AT LACY TRIAL
Defense Stubbornly Fights Every Inch of Ground Sought to Be Gained By State-S300O Drawn
 to Pay for Real Estate
By l.. z. BETTY


 MontgOmery. March 10.-1SpcciaI.D Practically every irreguIarity of the state convict department, resulting in . shortage of more than SI00,0O0, and she flight of Theodore Lacy, convicted of the embezzlement of state funds. was brought out today by states wit { nesses in the trial of James c. Oakley. former president of the convict depart- ment. charged with the embezzlement of $2205.02. in attempt to show OaI>ley's complicity in the heavy dcfnIcations.
 That oakley possessed a guilty know l. edge of all the Lacy transactions is the theory on which the state has proceeded since the beginning of the trial. Under a ruling of the court, declared after lengthy argument by attorneys for the two sides it was held that the state might adduee any evidence which might tend to show complicity on the part of Oakley, or knowledge of any or all of the department irregularities.
 Working on this theory, the state today placed various witnesses on the stand who testified regarding Oakley's connec- ' tion with numerous illegal transactions. The Bernard Frank transaction under which Oakley is being tried was brought out on the first day of the trial. The state showed by the testimony of wit nesses that MT. Frank had paid $22O7 in cash to Lacy in oakleys presence and at the request of the president of the board. Subsequent evidence. has shown that this money was not deposited in any n or i, t1a cta ta ha H. mony today related to the several bank transactions in Montgomery on the day preceding Laeys flight Practically all of the testimony was old, having been brought out in the trial of. Lacy. Lut it was adduced by the state today to show Oakleys, complicity
 Charles L. Harold, president of the Montgomery Savings bank, repeated his , previous testimony concerning the with V drawal from his bank of sl10,000 of wh ch amount his bank paid $22,000 in cash and S3S,00O in exchange, and the Moptgomery Bank and Trust company S50o0o. MT. Harold told the court that he had been requested by Oakley to pay this money over to Lacy.
 Then followed testimony of officials Of the Montgomery Bank and Trust com pany, corroborating their previous testi mony with reference to the $50000 trans action at that institution, together with
 
 the money was taken away
 No Money In Birmingham ] Officials of the First National bank of Birmingham and the American Trust and Savings company told the court that the two checks, drawn on these banks by Oakley, for $l1000 and presented to Dan rra.Tvick by Lacy, had not been paid because there was no money on deposit to the credit of the convict department In h. Iipct Not 1tan t,. Cashier Thomas Hopkins. the depart ment had s1 on deposit There was TO money in the other Birmingham bank to the credit of the department, according to Auditor Joseph H. Hard. Jr
 Various other bank officials. testi- fled for the state during the day, in ( cluding John M. Brame. cashier of the Fourth National bank of Mont gomery; James Campbell, cashier of the Ex- change National bank of Montgomery J. s. Kennedy, president of the Bibb County Bank and Trust company; Will liam Lyman of the Merchants and Plan- ters bank of Montevallo; J. D. Nirven, vice president of the Montgomery Bank and Trust company and W. J. Osborne of the Fourth National bank.
 In addition to the evidence brought ~ out by the state tending to show Oak ley's connection with the various Lacy transactions, it was shown that Oakley had drawn s35S2.17 out of the Bibb County Bank and Trust company in New York exchange, for which he had given his check signed by J. G. Oakley, agent, and had deposited this exchange in the Montevallo bank. Ii was further shown that Oakley had drown $5S2.1s ont in cash and that he had drawn out the remaining S3000 to pay G. F. Peters of Shelby county for some real estate.
 The defense stubbornly fought every inch of ground sought to be gained by
 
 Frequently dismissed while lawyers were arguing points of law. Captain Frank s. White of Birmingham con- ' ducted the examination for the state and Wiley H. Hill of Montgomery con. ducted the s-eXamination.
 Just before adjourning this afternoon 
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