The Birmingham age-herald., 1921-11-08
LACY HEARING IS
 TOBE POSTPONED,
 SAYS COMMISSION
Petition for Parole Scheduled to Be Presented This Aft ernoon, But Action Will
 Be Deferred
By FRED 1T. GoRMLEY Montgomery Bureau The Age Herald. 221-2 First National Bank Building

EZl-S First National Bank Building
 Montgomery. November 7.-tSpe- cial. l.)-Despite the announcement of John S. Tilley. attorney for NTheo Lacy former chief clerk of the state convict department, that Lacy's petit ton for parole would be submitted to the state board of pardons Tuesday and the announcement of the board that it would be received at 3:3o in the afternoon, reports tonight were that the hearing would be postponed for a few days in order that further information might be prepared and all phases of the case submitted to the board at one time.
 Members of the board have indi- cated a determination to receive all facts regarding Lacy's appeal in full view of the public and not to accept any statement which is submitted in confidence.
 Lacys application for release cn parole from the state penitentiIry has become the talk of the state fol- lowing the announcement that his formal appeal will be made to the state board of pardons Tuesday. Greater interest has not been shown in the case since the former trusted chief clerk of the state convict de- partment packed about $f00.0o0 in q pine >box and disappeared one night early In 1913.
 Writes story of steal
 This interest now has resulted from the fact that Lacy has written his own story of the steal and has delivered 1t to Governor KHby with the statement that the governor may. use 1t as he sees fit Governor i<ilbt has announced that il will not be made public until it has been sub mtted to the hoard of pardons and has not given any indication that 1t will be released even after the board has read E.
 Governor Kilby left sunday cor Il weeks trip to New York and In so far IS Is known he left no instructions which provided for the disposition ot Lacys statement The Interest at this time is due to the fact that Lacy's lips have besu sealed since tie money was fakenel No iatiination has even been made by Lacy which would give any clew to his conspirators. fl he had any. He has borne the trouble alone. He received 10 years in one case and six years In the other, but never told anyone whether or not others were involved.
 The story now can bring no charges against any other person. either civ- lily or criminally. Even if Lacy should tell story which would in- criminate others, the tims for prose cutions has passed. The statute of limitations has run against any in- dictments and against any civil suits for the recovery of the money. Lacys statement can do no more than re- move a portion of the load which his conscience has carried since he packed up the money In his pine box and left the capitol.
 Surprises Expected
 Many surprises are expected if Lacy's statement is made public. The gossip is that Lacy win incriminate others. but his story will be differ ent from that which the public has expected. One thing ia certain; Lacy has included in his statement a decla- ration that his previous statement, is- sued shortly after he surrendered re- garding Gov. Emmet O'Neal was false and that he made the statement at the time through anger with the guS' ernor. At the time the statement was made Governor ONeal branded, it as false from beginning to end and rented a Montgomery theatre for an address. in which he denouuces the editor Of the newspaper which carried the story.
 During all the discussion abolt Lacy's plea for a parole there nss been no intimation from any person interested in his appeal that the for mer state employee would be willing to surrender any portion of the states money, or would be willing fo tell where the money may be found at this time.
 Unless plans are changed at The last moment John S. Tilley. attorney for Lacy. expects to submit Lacy's formal application fo rrelease on par role to the board of pardons at the November term. which will begin Tuesday. Lacy has already ad 5er tised the application. as required by law.