The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1921-12-30
IN NO HURRY NOW
Trial of Governor Small May Be
Delayed Month.
Defense May Ask Separate
Trials for the Accused.
BOTH SIDES CLAIM VICTORY
Illinois Chief Regrets Dropping
Of EmbezzIement Charge.
Many Technicalities in Way of
Early Trial Now.

Waukesan, ILL.,, Dece 30.-Prospects
of an early trial of Gov. Len Small
on charges of conspiracy to defraud
the state appeared somewhat remote
today and indications were that at
least month might elapse before
the case is brought before the jury.~
A bill of particulars is to be given
the defense by the state on January
and the defense will have its mo-
tons with reference to this bill ready
for presentation in court on January
. 1t is expected arguments and rul-
ings on these motions will require sew
eral days at least to dispose Of
It is expected the defense also will
present motions for a separate trial
for Governor Small and Vernon Cur
tbs. Grant Park banker, who also is
involved in the proceedings in the
circuit court here
Both Claim Victory.
It is practically certain that the
case will not go to trial on January
g. Edwards.
Both sides today were claiming vic
tory as a result of the sensational de-
velopments of yesterday when the
state, late in the day, dismissed the
charges of embezzlement of $500. 600
of state interest funds, against Gov
ernor Small alone. I1arlier in the
day, Judge Edwards had upheld this
indictment but had quashed an in
dictment charging Governor Small,
Curtis and Lieut.. Gov. Fred L. Ster-
ling with embezzlement and had
quashed several counts of the indict-
ment charging conspiracy.
When Judge Edwards and attorneys
for the defense insisted that Governor
Small should first be tried on the en-
bezzlement charges, States Attorney
Mortimer Of Sangamon county, moved
the dismissal nf tho . heZ in
dictment His motion was granted.
Governor Small Regrets.
Governor Small, IN a statement Is
sued after the days proceedings, ex-
pressed regret that the embezzlement
charges had been dismissed, declaring
that he felt certain a trial before a
jury would have resulted in a degree
of vindication not carried by the dis
missal of the charges.
States Attorney Mortimer, after ad-
hitting that the state had lost a tech
nical point or two" maintained that
the guilt or innocence of the defen-
dants had not been settled and de-
eiared the readiness of the state to
present it's evidence.
AS the case now stands, Governor
Small and Curtis must go to trial on
nine counts of an indictment charging
these two and Sterling with eonspir-
acy to defraud the state of $2,00O,000
in interest funds. Each of the nine
counts in similar in nature.
Sterling Not Included.
The charges amount to a declara-
ton that the three conspired to turn
over to the Grant Park bank, which
the state charges was a pretended
and fictitious bank" 100000 900 in
state funds, Only a small portion of
the interest on this sum. the indfct-
ment alleges, was returned to the
state,
Sterling is not involved in the trial
in the courts here as he never has
sought a change OF venue from the
Sangamon county courts, where the
indictments were first returned. Judge
Edwards's rulings on the indictments
however are held to apply to Sterl-
ing's case.