The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1921-07-28
WILL STAND FIRM
Gov. Len Small Must Go to
Trial, Says States Attorney.
Executive in Conference Today
With Legal Advisers.
FOR LEGAL BATTLE
Habeas Corpus and Change of
Venue May Be Asked.
States Attorney Will Resist All
Attempts at Evasion.

Chicago, July 28.-Governor Len
Small, under indictment for misap-
preparation of state interest funds,
whose whereabouts were a mystery
early today, was located in Chicago
shortly before noon. He had spent
the night at a downtown hotel.
1t had been reported earlier that
the governor had ''left the city,
without revealing his destination.
/ Governor Small, it was learned to-
day, has placed his case in the hands
! of a committee of five lawyers who
will handle all angles of the litigation
He was in conference today with his
attorneys and political advisers.
| Sheriff Holds Warrants.
| Three warrants for his arrest on
the fund" charges were held mean
while by Sheriff Henry Mester, who
was awaiting reply from the governor
to his offer for a conditional sur
render"
! The legal forces of Sangamon county
We're preparing to wage a bitter fight
against any attempt of the governor
/ to evade trial thru technical processes
| of the law. 1t was announced that
! States Attorney c. Fred Mortime
would oppose a habeas, corpus pro-
ceeding or a writ for change of venue
| from Sangamon county. Mortimer, in
effect. flatly challenged the governor
! to "test his case" before any tribunal
Mortimer Stands Firm.
! mo man can evade RESPONSE
i bility of a criminal act in this county,"
said Mortimer. 1.-THE man who be-
Iieves he can do this, is poorly ad-
vised."
| The governors two principal legal
weapons are the habeas corpus pro-
! ceedings and a writ for a change of
venue from this county. Use of
either, according to Mortimer, will be
! fought thru every court Both would
compel a test of the governors case" )"
| it was stated.
| habeas corpus proceeding in Chicago
| yesterday, refused to permit Small's
+ surrender in that city. The governors S
arrest within Sangamon county, it was
contended. would compel his attor-
neys to bring the habeas corpus pro-
ceedings before the court of appeals of
| the Springfield district. He must,
first. however, submit to arrest.
May Bring Habeas Corpus.
| If he surrenders himself to the au-
! thorities, he will be Immediately re-
{ leased either under $4,000 bonds or
4 on his own recognizance The habeas
! corpus proceeding, it was pointed out
] would then be brought to- test the
! validity of the governors technical ar
rest, altho it's common usage is to
obtain the physical release of a pri-
soner. The action, it was stated, would
involve a new. angle OF the law itself
and might result in -drawn-ou
: legal battle over technicalities, involv-
! ing a question of the courts jurisdic-
| tio1A
The habeas corpus proceeding must
| be brought after the arrest of the gov
+ ernor," Mortimer declared. THE le-
gal forum for such an action is in this
! county. 1 cannot say whether a court
! in some other county could legally
consider such a proceeding"
] Sheriff Still Waits.
| The proposed suing for a writ of
! change of venue, it was stated, in
wolves the filing of affidavits by the
governor showing that the sentiment
! of Sangamon county is overwhelmingly
prejudiced against him, thus prevent
! ing a fair trial. The court must also
! be shown to be prejudiced. The states
attorney may defend the county by
/ presenting affidavits showing that the
! court is unprejudiced and the public
sentiment fairly divided. All affi-
davits must be made by bona-fide
voters of the county.
The governor, at an early hour to-
day had not replied to the request of
himself to service of the three war
rants held here against him.
81 am still awaiting a reply from
/ the governor to my offer that he
could name his own conditions of sur
render" said Mester. Il will do moth
| ing until I hear from him"
/ 1t was reported the governor would
avail himself Of the sheriffs offer
sometime today or tomorrow.