The Birmingham age-herald., 1922-11-01

some s2,0o0 In what Is commonly known as the Frank case.
 "For many months the board has given this case the most earnest and careful consideration. The file Is a very voluminous one and a number of opinions are expressed, both pro and con, as to the advisability of ex- ercising clemency in this case. It will not be the purpose of the board to attempt to brief the entire file or set out in detail the many facts and circumstances which have influenced the board in reaching its conclusion, but we desire briefly to call atten- ton to the following letters and docu- ments in the file which have favor ably impressed the board.
 Judges Recommendation
 "There are in the file several let ters from Judge Brown, the trial judge, whose high character and legal learning are unquestioned Judge Brown, who at the time of the trial held the power and authority to fix the penalty of the prisoner could have pronounced a much lighter sentence than he did and he now states to the board that he would not have been 30 severe in his sen tence had he known then all that he knows now about the case. As shown in Judge Browns letter, he had given this matter earnest consfdera- tion before this petition for parole was ever filed and had determined to voluntarily recommend clemency at the expiration of Lacy's sentence in the main case if his prison record was good. Judge Brown, in his first letter to the board, has this to say: If Lacy had taken the stand in that (the Frank) case. he might have been acquitted. But after all these years, and in view of the facts and circumstances above mentioned, l can now just as consistently and with just as earnest desire to do my duty as l did then, heartily recommend the pardon or parole of Theo Lacy And this 1 do.'
 "ReasOnable Doubt.o
 We also find in the file a num- Der of strong letters recommending clemency both from the lawyers rep resenting the state. and those rep resenting Theo Lacy. Mir. Rushton for the defense says among other things: It seems to me that he should not now be punished for the embezzlement of money which he did not steal. and which there Is no ing Messrs. W. W. and Wiley Hill. who represented the petitioner, both expressed positive opinions as tG his innocence of the second offense.
 Judge B. P. Crum, who represented the state. says: If MT. Lacey had taken the stand possibly the result in the second case would have been different Hon. R. B. Hvins. who was also of counsel for the state. says: I think the ends sf Justice have been met. In letter from Judge J. J. Mayfield he says: I have always heard and l believe that there was reasonable doubt as to his guilt In the second case. I dot not believe that Lacy should be required to serve out the full term of the sentence awarded in both cases when there is a reasonable doubt as to his guilt in the latter.'
 There are in the Tile certified copies of a deposit slip which show that on the same day on which the money Involved in the Frank case was paid to Theo Lacy he deposited s2,000 to the account of J. e. Oak ley. The majority of the board finds It difficult to reconcile this fact with Lacy's guilt or felonlous intent with regard to these funds.
 His Prison Record.
 Before the trial and before Theo Lacy voluntarily surrendered himself to the authorities an agreement was entered into between counsel for the