The Birmingham age-herald., 1921-12-30
ONLY ONE CHARGE IS LEFT AGAINST
 GOVERNOR SMALL
Must Stand Trial on Indict- ment Charging ConSpir-
 acy to Defraud State < of $2,0O0,000
By Associated Press

Waukegan, H., December 29.- Governor Len Small, today was freed of every charge against him except that of conspiring with Lieut. Gov. Fred E. Sterling, and Vernon Curtis to defraud the state of $2,- 100000 during Mir. Sterling's term as state treasurer.
 All charges of embezzlement dur ing his own term as state treasurer were stricken from the record, partly by Judge Claire A. Edwards and part ly by the state and the court also quashed charge of operating con fidence game.
 Tonight Governor Small issued a statement declaring that what oc- cured this afternoon in the circuit court of Lake county will lay bare to the public mind the methods em- pioyed and the inspiration causing these indictments"
 The date of his trial on the one charge remaining is still uncertain. Judge Edwards in his decision on the motion to quash the indictments, orr dered the governor to trial January 9, on an indictment charging him with embezzlement of s5o0oOo during the last six months of his term as state treasurer.
 Conspiracy Charge
 States Attorney c. Fred Mortimer, of Sangamon county, and his assist ants, staged vigorous fight to bring the governor to trial first on the conspiracy charge, and failing in that none pressed the embezzlement in- dictment rather than try it first.
 The embezzlement indictments, be- sides charging the governor with mis- appropriatng S5OO0O0 in state inter est money, also alleged he had de- stroyed or carried away many of the records of the treasurer.s office.
 The next step in the legal battle between the governor and his prose cutors will be staged here Saturday, January I, when the defense expects to present a motion asking for sep arate trials for the governor and MT. Curtis. wbe are both defendants un5' der the conspiracy charge. Legal jockeying may postpone the actual start of the, trial month or more.
 A missing word, the position of name, three errors in drawing indict- ments and the shuffling of A pile of papers accounted for the victories won by the governor today.
 ForeInan's Nnme
 The foreman of the Sangamon county grand jury signed his name in the wrong place on the back of an indictment charging Governor Small, Lieutenant Governor Sterling and Mr. Curtis jointly with embezzlement of $7oO.0oo Judge Edwards quashed the indictment because of the foremans error.
 A typist left the word "feloniously9 out of count charging the trio with operating a confidence game. The charge was quashed
 Two counts in the joint conspiracy indictment failed to allege tAe spe- cial injury supposed to have been done the state. They were quashed.
 Another count in the same indict- ment failed to allege commission of an overt act in furtherance of the alleged conspiracy. It was .auashed.
 The clerk of the Sangamon county circuit court in affixing consecutive numbers to the indictments, hap pened to pick up first the one charg- ing Governor Small with embedding $500. 900 and gave it the first number. Therefore Judge Edwards ordered this case tried first and rather than comply the state dismissed the in- dictment.