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The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, March 01, 1914, Image 1

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if THE BIRMINGHAM
AGE-HERALD
VOLUME XXXXIIT. O
- -- ■ - - ■■ --- --■ .... . .. .
BIRMINGHAM, ALABAMA, SUNDAY, MARCH 1, 1014
Vi PAGES
(IX SIX PARTS)
NUMBER 299
THEODORE LACY FOUND GUILTY OF EMBEZZLING
$50,000; JURY OUT ONLY FORTY-SEVEN MINUTES
t ..........___
JUDGE BROWN TO PASS
SENTENCE ON FORMER
CLERK DURING WEEK
Sentence Fixed by Statutes From One to Ten
Years’ Imprisonment—The Jury’s Verdict
Causes No Surprise and Provokes
No Demonstration
DEFENDANT S LAWYERS RESORT TO
TECHNICALITIES AS ONLY HOPE, BUT
FAIL TO BREAK DOWN STATE’S CASE
Every Point of Law Which Might Serve to Aid the
Defendanl Brought Out to No Avail.
Lacy Receives Verdict Calmly
8y I- 8. BETTT
Montgomery, February 28.—(Special.)—Theodore Lacy,
former chief clerk of the state convict department, was tonight
found guilty by a Montgomery county jury of embezzling
£50,000 of state funds.
His sentence>fixed by statutes from one to ten years, will
be announced by Judge Armstead Brown sometime next week.
Lacy was declared guilty of embezzling the state’s money
after a trial of five days’ duration, during which time his able
lawyers had resorted to every technicality in the Alabama
statutes to clear the defendant.
Lacy’s case was not submitted to
the jury until 10:30 o’clock tonight
following a lengthy charge by the
presiding judge. For five days the
jury had heard evidence which tended
to show the defendant’s guilt, and for
five days they had sat patiently in
their seats in the jury box. They re
turned their verdict of guilty in 47
minutes after retiring from the court
room.
The defense raised every point of
•w or technicality which might serve j
o r.id the defendant, but the state's
'use wus too strong. Lacy was oe
‘Haved to bo guilty long before the
•uhe was submitted to the jury
JURY’S VERDICT
NOT A SURPRISE
," The jury’s verdict was not a sur
prise. It was evident front the mo
ment the trial began thai the defense
had an uphill fight. The state had I
evidence that Lacy had secured the
Tmoney. The defense relied on the
fact that the state had not proved that
Lacy had not released his ownership
of this property. The defense main
tained that. Lacy was responsible to
J. G. Oakley, former president of the
convict bureau, rather than to the
state, and the lawyers representing
that side based their entire hopes of
acquittal on that ground.
On tV other hand, the state had in
troduce h strong chain uf evidence. It
was prov'd that Lacy had received $7s.
000 of st.itf funds In his possession and
that thlf money had never reached the
atate trr injury.
The p-iijclpal theory of the defense,
therefore iwas that the state would he
unable tofcstabllsh the ownership of the
property alleged to have been embezzled.
Argun -Jt In the case began when court
convened jt his morning and continued
through"* the day.
SElBKIi OPENS
FOR IHE STATE
Solicitor! William T. Seibels opened for
the stat’e and made an able speech to
the Jury 1 He declared that Lacy was
a thief and his chief purpose In sur
render! o# was to secure liberty on a
technically of the law. Selbels was fol
lowed W. W. Hill of Montgomery,
one or fhe ablest criminal lawyers in
tills I-i of the state, who declared
that tin® State had failed to make out
a prop-g case.
Col. mene Stallings of Birmingham
made elpcech along the same line, bas
<wnttanrd os Page Bight)
ESSEE LIQUOR
Supreme Court Decides New
slipping Act Is Un
1 1 constitutional

Nasfivllle, February 38.—The Tennessee
Supreme court today held Invalid the sec
tion ft the recently enacted liquor ship
ping law limiting Interstate shipments to
jne gallon/for personal or family use.
The grojnd of Inference was that It
Fas a retaliation of Interstate commerce,
fhe courj holds at the same time that
jhe provision requiring a record of ship
ments tq be filed with the county court
perk Is not a regulation of Interstate
■ommcrje, since this transpired after the
lellverV of the shipment.
■ It allows this provision to stand broadly,
i The decision comes down on the eva
M the so-cplled "rigorous nuisance law,"
Slick makes saloons and disorderly
uses misdemeanants to be abated on
she application of 10 freeholders, and
rhlch goes into effect March 1.
The court's holding, therefore, extends
*4 relief for the saloonkeeper. The court,
in ttact. specifics that the decision docs not
jetr upon shipments of limior to be sold
ji violation of the prohibition law.
Tne decision in the case was read by
Juatlce M. M. Nalll
teat of the law was made by w. o.
er of Nashville, a wealthy turf
WAS LACY AGENT OF
OTHERS? CONVIGTEO
ISST1LANENGIMA
Many Hold Belief Former
Clerk’s Silence Bespeaks
Loyalty to Others
Than Himself
By I.. S. BBTT1C
Montgomery. February 2K.-— (SpeHnl)
In Theodore la<7 a «*reatlire of elr«>um
NlanccN? Hum no played the part of
rat'N-paw, 4he agent of another, whose
will In Ntronger than hlN own* or In he
guilty of a Neiioua crime agalnat hlN
Ntatef In Lacy guilty of Nteallng 900,
000 of atate fuadaf
T.aacy, although convicted of embezzle
ment, is still an enigma. In the eyes
of tile state at large, he is guilty of a
disgraceful crime, one that has cast much
reproach upon the state. But are there
any palliating circumstances in connec
tion with his remarkable case? Is he
really the thief that the prosecution has
depicted him to be?
His story may be told before many;
days have passed. It may be months be
fore the state at large is familiar with
tlie details of the remarkable case. It j
may be that ultimately Lacy, the con- j
demhed thief, will he acquitted in the eyes
of tlie public.
Matter of Speculation
Lacy’s story can only be a mutter of
speculation at this time.
However, many theories have been de
duced by those who have followed the
celebrated case, the most important of;
which is that Lacy, the condemned thief,
is a creature of circumstance, a cat's-paw
in obedience to the will of another.
Analyzing the case, shrewd attorneys
have ’ 1 ought out tlie following deduc
tions:
The stt to convict depM tment had nearly
$150,000 of state funds deposited in illegal
depositories, most of which was in the
Montgomery Savings bank. Other funds
were on deposit in the Montgomery Bank
and Trust company, also an illegal de
pository.
Examiner of Public Accounts H. Y.
Brooke had been delegated to make an
examination of the books of the convict!
department, and he began his examina- j
tion while J. G. Oakley, president of tlfc
1 ureau, was out of the city. At the time
of the examination the department had
nearly $150,000 deposited in banks that
were not state depositories.
Further Theory
Again theorizing, the supposition is ad
vanced that (Jalcley wished to withdraw
the funds on deposit from the illegal
depositories, and hence gave his chief
clerk. Theodore Lacy, checks to draw
out all the money on deposit in these
hanks, with instructions, to redeposit
them in state banks.
Following this line of argument Lacy
went to the y mtgoinery Savings bank
with blank checks signed by Oakley, ob
.alned $22,000 from that institution and
$50,000 from the Montgomery Bank and
Trust company, a depository of the for
mer bank, and exchange for 538,000 from
the Montgomery Savings bank making
in all 5110,000.
Evidence before tlie present trial began
brought out the fact that Lacy had de
posited the 538.000 In exch^ige In the
Exchange National bank of Montgomery,
and had drawn out 51S.OOO. giving him
590.000 in cash, which lie had drawn out
of the three Montgomery banks, leaving
530.000 therein. It being a legal depository
tor that amount.
In the meantime Lacy had given checks
to D. G. Trawlck, clerk of the department
for 81V7.o28.18 on two Birmingham banks.
The evidence so far has shown that 572.
000 of this money was reposing in a suit
case at the Union station, and that $18.
000 additional had been drawn out of the
Exchange National bank, with a balance
of 530.000 id that Institution. It being a
legal depository for $20,000.
Theorizing further, Lacy had 530,000 In
cash, with 520,000 In exchange .on deposit
m a Montgomery bank a sta>e deposi
tory. with which to meet drafts for M17,
flfO on two Birmingham banks, both of
which wer* state depositories. as It
j ’ as
---:_z____Z__Z_Z__Z__
SKETCHES BY ARTIST BLACKMAN AT THE LACY TRIAL
* J V * ,
Some of Lacy s counsel and others conspicuous in famous trial. Theo Lacv is shown in the right hand tawer corner. At the top are Col.
Jesse F. Stallings, and to right and left the Hill brothers. Ray Rushton, Lacy's leading counsel, is below on left.
PULLEN WINS FIFTH
GRAND PRIZE RACE;
Serious Accident to Driver
Marquis Allows American
to Capture the Trophy
for First Time
Isom A nitric*. February 28.—Edwin
Pullen won the flfll* International
Ctrnnd price raee over 48 lap*, or 403
mile*, of the Satita Monica course to
day. A new record of 77.2 mile* an
hour wan entahllnlied. It alno wan the
flrat time la I he history of the event
that an American car flaahed In flrat
at the flnlah.
The winner gained his place by a
serious accident, the first in the an
nals of the Santa Monica course—
which jeopardized the life of Driver
J. P Marquis, when his car turned
turtle at a turn and crushed him.
Thereafter it was no race. Pullen was
40 miles ahead of the second car at
Mie finish and 55 miles ahead of the
third.
Ralph De Palma, who won the Van
derbilt cup Thursday, was fourth. Old
field, his most persistent opponent the
other day, was eliminated by a bad
motor 10 laps from the finish.
Breaks Record
Pullen covered the 403 miles ill a
hours. 13 minutes, setting a new mark
of 77.2 miles an hour against the rec
ord of 74.45 established by Caleb
Bragg, at .Savannah In 1911. Uuy Ball,
second, finished In 5:53:23, making a
speed of 68.4 miles an hour. Taylor
took third place when Oil Anderson's
car broke down and lost second place
six laps from the finish. His time was
6:08.29. De Palma, who had held the
lead for several laps, was declared
out of the race on the thirty-fifth lap
but got back In time to limp over the
finish line and claim fourth money.
Mapquis was far In the lead in the
thlrrv-fltth lap when he took a turn
a too high speed and the machine
skidded and turned over several times.
The accident occurred at a turn known
as "Death Curve.” although no driver
ever has been killed there. The ma
chine. a big English car, stopped roll
ing and rested on the driver's body.
It was reported at first that Marquis
was fatally Injured and he remained
unconscious for two hours, but sur
geon's tonight declared be would re
cover.
Another Near Accident
Pullen won with the same ear in
which he dashed Into an Iron barri
cade Thursday while leading in the
Vanderbilt race. He barely escaped a
similar mishap today when a spec
tator walked out on the track and
u ^^ttisa»*aai t mm irngVifisa)
TODAY’S AGE-HERALD j
: 1—Theodore Gacy convicted.
Carranza declines ro furnish Unite<
States information.
Pullen wins fifth grand price race.
Five miners arrested In connectioi
with murder case.
Earl of Minto dead.
| 2—Dewey threatened war with Germany
declares admiral.
b—Murder cases set for Cullman court
4—Week’s political developments.
&—Governor’s race put in limelight.
McNael silent on Income tax.
Sprinkling will not be made compul
gory.
Retail shoe men to meet here.
6— Policy for power plants of vast 1m
portance here.
7— Church news.
8— Table d’Hote at Newspaper club.
9— Group of leaders in sparring matcl
on stock market.
10— Improvement all along the line.
11— Birmingham is In excellent shape.
•••••••••••••••••••••••••••••••••••••••••••••••«••
14-16—Sports.
I 17—‘Poultry news.
£1—To lay corner stone of Qran» church.
22— Alabama women on educational re
i forms.
23— Eight governors of Alabama.
20-30- Society.
27— Sunday received huge sum for Pitts
burg revival.
28- 29—Ned Brace and editorial comment.
31— The growth of a Birmingham girl.
32— Dolly's dialogues.
34—Birrell says he's haunted by New
ton's ghost.
. 36— Automobile gossip.
30—Theatres.
38—Common sense In the home.
bH— Pearl diving in Austrian waters.
40— The young people.
41— Markets.
>*2—President needs support of whole na
tion in crisis.
43-62— Magazine section.
.">3-66—Comic supplement.
»••••••••••••«•••••••••••••••••••••••••■••••••••••••••
FORMER GOVERNOR
GENERAL OF CANADA
DIES A! HAWICK,ENG.
Was Former Brilliant Sol
dier and Statesman and
Served With Canadians
in the Boer War
London, March 1.—The Earl of
Minto, formerly governor general of
Canada and once viceroy of India, died
at Hawick this morning.
Entering the government's service
as ensign of the Scots guards at the
age of 22, Gilbert John Murray Elliott,
fourth Earl of Minto, became at 6.)
I viceroy of India, the most Important
land lucrative post In the British col
onial governments.
He was horn In 1845 and aTter edu
cation at* Eton and Cambridge there
were 30 years filled with brilliant e«
ploints as a soldier, six as governor
general of Canada and five In govern
ing India.
He was in Paris during tile com
munists uprising In 1871. He followed
the Carllst army In Spain as a war
correspondent. lie witnessed the op
erations of the Turkish army on the
Danube, and was present during the
bombardment of Nokopolls and the
historic crossing of the Danube, lie,
was with General Roberts In the Af
ghan campaign and later served as his
private secretary In South Africa. He
fought the Egyptians as a captain of
mounted Infantry In 188t, and Iras
severely wound-d at Mapfar. -
PRESIDENT TO SHOW
HIS APPRECIATION OF
UNDERWOOD’S WORK
Will Give the Hoifee Leader
a Dinner as Tribute to
Fight for Progres
sive Legislation
Washington, February 28.—A * a tribute
to work of Oscar W. I'nderv >o«l of Ala
bama as democratic leader in the House,
President, Wilson will glvv* a dinner at
the White House on Mar h 9 for the
majority leader. Many members of Con
gress will be invited.
The President is taking this method
of showing his appreciation of the way
the democratic leader of the House has
stood by the administration in the light
for progressive legislation In the House.
WITH BABE IN ARMS
WOMAN JUMPS FROM
A BRIDGE TO DEATH
North Attleboro. Mass.. February
28.—Holding her G-mouths baby in
her arms, Mrs. Ralph Uinsmore, 25,
today Jumped from an overhead
bridge in the path of a poiacnger
train. The child was killed and
the mouher suffered fatal Injuries.
A* note In her clothingcad:
“No one| will understand why I
want to *#. Forgive ma.*1
I
MURDERJMYSTERY
Former Union' Secretary
Tells of Shooting Into
Boarding House—Vic
tims British Subjects
Houghton, Mich., February 27.—In con
nection with the Painesdale murder mys
tery, said to have been one of the de
velopments of the copper miners’ strike,
live members of the Western Federation
of Miners were arrested here today. The
arrests were made after an alleged con
fession by John Huhta, former secretary
of the douth Range local of the federa
tion.
Nick Verbanac, un organiser for the
federation; HJalmer Tllanonen, Isaac Jut
tlnen, Joseph Juttlnen and Huhta are
prisoners in Houghton county jail,
charged with the murder of Thomas Dai
ley, Arthur Jane and Harry, Jane, non
union workers at Painesdale, Decem
ber 7. 1
They are held without bond for hear
ing on March 5.
Huhta’s alleged confession was volun
tary, according to Sheriff cruse. He said
♦ne confession was, In substance, as fol
lows.
Huhta declared that he and the other
men under arrest fired a fustlade of
shots into the Dally boarding house from !
the woods nearby. He fired nine shots
himself, he said. The plot was conceived,
he told the sheriff, by a man who has
not been arrested. Huhta said he was
moyed to confess by pangs of conscience
an anger toward the federation, which
had removed him as secretary. Verbanac
Is a Ceroti&n miner, the other four prison-!
era are Pins. The case attracted wide- i
spread attention because the victims w’ere !
British subjects.
The special grand jury spent several ;
days Investigating the afTair, but returned !
no indictments. Anthony trncas, prose
cuting attorney of Houghton county, bus
been In Chicago for several days, in
vestigating the story that Waddell-Mahon
men did the shooting.
Senator Betancourt
Dies in Havana
Havana, February 28.—Senator Salvador
Cisneros Betancourt. Marquis of Santa
Lucia, died here tonight. He was 86 years
old and was president of tne first Cuban
revolutionary government.
A decree was Issued tonight ordering
that funeral honors be accorded tin* sen-•
ator as though hud ueen an ex-Presldent |
pf the republic of Cuba. The decree also!
[calls for three days of national mourn-]
I to*
TO FURNISH THE U. S.
INFORMATION AS TO
Benton British Subject and
U. S. Has No Grounds i
for Inquiry. Says
Rebel Chief
•ad.
_ rent
ood
PROMISES BRYAN TO
INVESTIGATE CASE
OF GUSTAV BAUCH f
Three Days of Negotiation End in'
Rebel Deader Firmly Refusing :
to Accede to lT. S. Demand.
Action Causes Tense ,
Interest
\ogalrs. Sonnra, Me*. February 2*.
General « arrnnra tod'*y declined to
furnish to the state department at
Washington InforinnlIon regarding the l
killing at .luarer. of the British Mih
Ject, William S. Renton. At the anme
time he gave naaiirnneea to Secretary
t
llrynn that he vrould Investigate the
disappearance near .luarer. of Gustav l
llauch. an American.
This strongly defined stand came Vftor •
throe days of negotiations between the.
American Secretary of State and the con
st itutionallst. commander-in-chief through
Frederick Him pi eh, American consul at
Nogales and Ysldro Fabela. acting secre
tary of foreign relations In Carranza s
provisional cabinet.
Until late today General Carranza had
remained silent regarding bis stand on
Secretary Bryan’s request, made three
days ago, for information of Benton’s
death.
Another message came today from Sec
retary Bryan in which lie requested Im
mediate Information about the disappear
ance of Bauch. Carranza’a replies were
made to both queries at tbs same time.
Tbo revolutionary leader's stand that
the death of Benton, a Briton, biiould be
taken tip through tin* diplomatic channels
of ills country. The fact that England lias
recognized the Huerta central government
was not mentioned in the reply, but oc
casioned much speculation among tin-;
familiar with the. situation. Carranza, in r
tils reference to the Benton easy, point
erly remarked that Benvtiuy. Bryan
v'igina.l message had been lb* first of
ficial mention of the, matter brought to his
attention as head of the revolution.
In the written message to Secretary
Bryan, which was addressed to Consul
Himplch, ClurnnzA did not Hay that any
investigation of the Benton case whs be
ing made on bis part. However, simul
taneOiifc.^ with the f\vo notes to Washing
ton, Secretary FabeUt issued an official
announcement Having the Benton case
wan being investigated for the* satisfac
tion of tlie constitutionalist party.
It wan understood that He*1 rotaryV 1
Bryan’s first message merely asked for In
formation regarding the Benton death re
q.iestecl by-the British foreign office. On
tie delivery of this telegram Carranza
i ntered upon long conferences with bis
tdvlser.
Correspondence on the Mcxi. an side of
tlie matter Was given to the Associated
Press with the statement of Senor Fa
bela that the Benton case was being in
vestigated for the inrornmt'on of General
Carranza, or perhaps iti case England
should request the data.
This, It was pointed out, would put
England In the position of either virtual
ly reefcnlzlng the constitutionalist parts.
In spite of the previous recognition of the
Huerta government, or being unable to
obtain information regarding the welfare
of Its subjects in territory controlled by
the in "urgent a. Senor Fabela. when
pressed for more ample information in
the Bei on case, said: -‘AL
"Can nza has officially informed
department of state at Washington that
he only could attend to representations
regarding the Benton case if presented
to him by a duly authorized representa
tive of the British government, but hn
neverthslcHH In' his capacity as chief of
the constitutionalist army, upon learn
ing of the case of the British subject. J
William 8. Benton, has ordered an im
mediate investigation of the racts of t|i«v %
(...■tinned ou Pace TenI
ELLIS COLLAPSES
Chicago Man on Stand Ad
mits Charge- Against
Wife Untrue
Chicago, February 28.—William
'heney Lilli', tho Cincinnati leather
uerchiiiit, un trial here for the murder
jf ills wife, today admitted his charge
hat his wife wag unfaithful, waa ui>*
me. lie arose from the witness chair,
in.I with hands clenched above bis hea<|
more that he believed she was a good
woman.
The prosecutor then sought to pry
oil details of "the crime, but Gills ae
jerted his mind was blank until ha
twoke and found himself kissing ills. |
•old lips of the slain woman. When the^g
prosecutor became Insistent Kills shtftcd^H
n his chair, nervously wiped his fora- g
tead, or held his head In his hands.
"Isn't it a fact that when the shots 1
were fired, your wife was asleep and
hut you held the revolver a few inches
from her head?"
"No. She told me that 1 always had
• ecu a good husband to her. She said
die knew she was doing wrong, out
.ouldn't help It. I thought everyth!
good In my life was going from m<
jaw my wife and n:y children van
is In a vision—"
GUIs reeleil 111 bis chair
nurd against the wall,
iclou* for two minutes
remainder of the
kept
lay u

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