The Washington times., 1921-12-29
To
GObEFORE
Ill. COURT
ON JAN. 3
Motions to Quash All lndicet-
ments OverruIed-Accom-
plices Included.
by international News Service.

ny knv6rU8l1Onal NeWB cSrvtCe.
WAUKEGAN, Ill, Dec. 29.-Gov.
Len Small will have to stand trial,
Judge Claire C. Edwards, of the cir
cult court, announced this afternoon
In ruling on motions of the governors
counsel to quash indictments charg-
ing him with conspiracy and en-
bezzlement.
Date Of the trial was set for Mon
day, january 8, at 9:30 a. m.
Embessaemsnt Charged.
The defense. ut preliminary hear.
ing. had asked the court to Quash
both indictments against the gov
ernor and co-defendants on the
ground that they were illegal, not spe-
cific, and improperly drawn. The
Judge was asked to throw the entire
case out of court.
The indictments charged Governor
Small and co-defendants with the EN-.
bezzlement OF interest on State funds.
Judge Edwards overruled the mo-
ton to quash each and every count
In indictment.
He sustained. however. the motion
TO Quash the indictments in "the peo-
pie VS.. Fred e. Sterling, Len Small.
and Vernon Curtis"-No. 1889.
Sterling was former State treas
urer and IL now lieutenant governor.
Curtis is banker of Grant Park.
Judge Edwards overruled the mo-
ton to quash the conspiracy indict-
ment against Small, Sterling, and
IN 20 nxe
seven, eight, nine, ten, eleven, and
twelve" and sustained the motion to
quash as to counts, two, three, six,
and thirteen.
Sets an Early Trial Date.
In announcing the decision, Judge
Edwards declared that the case is Of
Of Illinois-that anything now pend.
ing on the docket of this court sinks
into insignificance in comparison
and accordingly, he set an early date
for trial without considering the
wishes Of counsel for either side"
Judge Edwards, at the opening Of
his decision, reviewed the contentious
Of the defense as to why the case
should be thrown out Of court. The
defense had contended:
That the Sangamon county board
Of supervisors which selected in
March, 1921, the grand jury which
indicted Governor Small and CO.
defendants was never legally or
ganizad.
That the so-called special report
by the grand jury after returning
the indictments was "prejudicial'
to the defendants.
That the rule Of secrecy was
violated.
Judge Edwards found that there
was Substantial compliance with
the statSte by the board Of super
visors Of 6angAmon county. and that
the grand jury was a legal grand
jury:
In regard to the special report
of the grand jury, which was pub
lished In the newspapers and which
the defense contended was "prejudi-
cial," the Judge said the effect OF a
report such as this had never been
passed upon by cour tot review
in the State OF Illinois and presented
an interesting question for the con-
sideration OF the court.
Judge Scores Clerk.
There is evidence In this record
that representatives of the press were
informed the day before the grand
jury reported that there would be
| something out Of the ordinary pro-
cedure for them," Judge Edwards
said.
Charles w. Byers, county clerk of
Sangamon county. was roundly
scored by the judge.
From the evidence produced In
this court" Judge Edwards said,
''the court makes the following find
ings Of facts:
THAT an alleged special meeting
Of the said board of supervisors was
held in April, 1920, at which the
board organized by electing a chair
man and interalia appointed a
committee on Jurors
That said special meeting was
not called pursuant TO the statute
In that the county clerk did not
cause the publication as provided
by law. That there was regular
lConfinued nm pa~A 10 CnI,,r,y, "a