Evening star., 1921-08-10
WILL GRANT SMALL
CHANGE Of VENUE
States Attorney Agrees to
New Location in Return
for Speedy Trial.
BY the Associa ted Press.

BY the Assoca ted Press.
SPRINGFIELD, ILL.,, August 10
States Attorney Mortimer today pro-
posed conditions under which he will
agree to grant Gov. Small a change
of venue outside of Sangamon county
for a trial on charges of embezzle-
ment of state funds. for which the
governor was arrested by Sheriff
Mester yesterday.
The states attorneys propositions
were:
That the governors counsel file a
peffti0n for change of venue and
confer with Mortimer in an effort to
reach an agreement on some county
acceptable to both the prosecution
and the defense.
That both sides agree to a speedy
trial.
The states attorney offered the propo-
sitiOns after making a hong statement,
in which he extolled the citizenship of
Sangamon county. where he said the
governor could obtain an impartial trial
regardless of claims to the contrary.
Mr.. Mortimer also paid a high tribute
to the men who constituted the grand
jury which indicted Gov. Small and his
cOdefendants, Lieut.. Gov. Fred z. Ster
ling and Vernon Curtis of Grant Park.
Attorney General Agrees.
Mr.. Mortimer conferred with Attorney
General Brundage Immediately after the
latter's arrival in Springfield. shortly be
fore midnight last night. and the pro-
posal for change of venue for the gov
ernor's trial was acceptable to the at
torney general. 1t was said.
In making his proposition the states
i Sf ALT
ahead Of the governor. who was expect
ed, through his counsel, to start an early
fight to take the case out of Sangamon
county, which he declared is the strong
hold Of his political enemies.
States Attorney Mortimer declared
that his proposition does not waive
his rights to file an answer to the
governors petition for a change OF
venue, but added that under the con-
! ditions offered the change would be
granted without opposition.
"The states attorney does this" Mr.
Mortimer's statement said, ito accord
to this defendant, because he is the
governor of this great state, every
opportunity that he may consider
necessary in meeting the charges con-
tanned in these indictments. 1t Is done
not because the states attorney has
the slightest notion that the defend
ant could not receive fair and i'm
partial trial in this county, the con-
trary being true. but because the
states attorney wants him TO know
that the officials of this county are
anxious to give him every considera-
| tion legitimately possible In the dis
position of these cases. The states
attorney proposes to be emtnently fail
with the defendant and his counsel
throughout this proceeding >
The only other cons c9nslderae,Tn saaernars1 ~
counsel and the states attorney shall
endeavor to get these matters SET
| down for trial in the court IN Wnlcn
! they may finally be docketed al
speedily az possible.
'sThe states attorney reiterates ms
belief and conviction that Mr.. Small
could and would receive tair ane
| Impartial trial in this county, ou1
| is ready to concede change o.
venue in order to give Mr.. Small Wha,
he has said he wanted-.nat Is, tha, a,
| immediate trial IN some othe'
| county.
Should suspend Judgment.
! "In the Ameantime the citizens Of
Illinois should suspend judgment un'
til the facts are developed @ oy T., sriai; a,,,,o,
an the states chief executive today
/ and apparently there were to be few
| deyelOpments expected In the cas'
| prior to the convening Of the Sanga
] uonn county court Oh the 14OH
dav In September. when Gov. Small
ia to appear to anwer the Indictment
| returned against him.
| Gov. Small submitted to arrest un
/ dor protest at the executive mansion
after having been besieged at tn
| state capitol during the entire day D!
sheriff Henry Mester and force D.
deputies. From the executive mansion
I he was taken by the sheriff to tn,
courthouse, where bonds were ap
| proved.
The final day of the maneuverint
between Gov. Small and Sheriff Meste
( nroyed to be the most exciting as wei
a. the most dramatic Of any since TIN
!, Sangamon county grand jury returne'
/ indictments against Gov. Small o.
! : Gov. Small went to the capitol an,
I'd his Offices Tuesday morning ant
i about noon Sheriff :Mester and fore
| Of deputies appeared.
/ Gov. Small did not leave his offic.
for lunch and Sheriff Mester paced th
j lobby on the lower floor until 3:3
! o'clock, while his deputies guarded th'
various exits. At that hour Gov. Smal
! invited the sheriff to come In and ar
/ rest him. Sheriff Mestef refused I,
i serye the warrants In the governor'
i executive ONCE while the chief exegtl
101n1os1 q SPaSe 3. 6l1mn "a