The Bismarck tribune., 1921-12-05
GOV. SMALL IN
MOVE T0QUASH.
CHARGES
Attorneys Begin Argument On
Motions to Quash Indict-
ments Against Executive
OTHERS ARE INVOLVED

VI HElSO ANE AN VOAV Ell
Waukegan, ILL.,, Dec. 5.-The ques-
! tion of whether Governor Len Small,
| Lieutenant Governor Fred Sterling
and Vernon Curtis, banker of Grant
Park, Ill.,, must stand trial on charges
of embezzling money from the state
OF Illinois, conspiracy, and operating
confidence game probably will be
settled when Judge Claire c. Edwards
disposes OF motions to quash the i'll
dictments, filed by two of the defend !.
ants and on which hearing began here
today. The indictments are based on
the alleged misuse OF state funds dur
ing the terms of Mr.. Small and Mr..
Sterling as state treasurer.
Lieut. Gov. Fred Sterling is not q
party to the hearing here, he not hav-
ing asked change Of venue from
Sangamon county, where the indict-
ments were returned last July The
decision on the legality of the indict-
ments against Gov. Small and Mr.
Curtis. however, undoubtedly will ap-
ply to Mr.. Sterling's case. also. -,
i With an imposing array Of counsel
ready to argue to thelast legal ditch,
indications are that the hearing which
Opened today may last a week. The
governor and Mr.. Curtis, represented
by Charles c. LeForgee, Of Decatur;
A, F. Beaubien of Waukegan; and
Werner w. Schroeder Of Springfield,
are attacking the indictments on more
than score OF grounds, Including an
allegation that the grand jury itself
was not "lawfully selected and organ
ized as required by the laws of the
state of Illinois" 1 2",l.
Governors Position.
The governor also reasserts the con-
tention overruled by Judge Smith of
Springfield, July 26, that his Office as
governor renders him immune from
arrest and prosecution for any act al
legged to have been committed prior
to his election as governor. Where
fore. this defendant" reads the con-
Guiding sentence of his motion to
quash the charges against him, mot
waving but expressly reserving any
rights affecting the public interest
and pertaining to his office as COVER
nor Of the state of Illinois prays judg-
ment that the indictment, and each
count thereof may be quashed."
Among the allegations set up in the
motions Of both the governor and Mr..
Curtis. it is argued that:
l. They are not charged with the w.
,olation of any law OF the state Of H.
.linois. or any offerse under. the laws
of Illinois, or violating any duties
imposed upon them by the state of
Illinois. !.
!. 2. The indictments fail to give any
date when it is alleged the defendants
unlawfully received any money or
property. nor is the amount Of any
sums alleged to have been unlawfully
received.
Violated Constitution.
3. The grand jury returned spe-
cial report purporting to explain the
evidence on which it acted, which re-
port was in violation Of the consti-
tuition and statutes OF the state Of
Illinois and rendered said indictment
illegal and void" .
4. The special report was unlaw-
full and was circulated throughout tho
public press, creating an unfair ami
unwarranted prejudice and bias
against the defendants.
5. The indictment fails to charge
that money or property entrusted to
Gov. Small when he was state treas
urer was the property of the state.
Is. The indictment fails to allege
the purpose for which the money was
entrusted to the treasurer.
Z. There was no true bill' return
ed as required by law.
8. The case is without constitutional
authority.
.. That the pretended fduciary re-
lation between the principal and Len
Small, as the agent, servant, employee
or officer Of such principal" is not
shown
1t also is set forth that the inGict-
mcnts are null and void because Of
"lpdeiiniteness, vagueness and unccr-
talnty." and because each count is
double and attempts to charge Fred
r. Sterling with one ofrense and Len
Small and Vernon S. Curtis with an
entirely distinct and separate offense !"
with the motions the attorneys filed
two aiiidavits relating to the circula-
ton throughout the country of news .
paper dispatches quoting the so-call-
ed special return in which the grand
jury explained its action One of the
a1iidavits was made by the city editor
OF a Springfield newspaper and the
other by Arthur G. Brown, a newspa-
perman attached to the governors