The Washington times., 1921-08-10
Of
VENUE MAY
bEGRANTED
States Attorney willing ts
Shifting Hearing on Ex-
ecutive's Plea.
BY WILLIAM X. HUTCHINSON
International News Service.

L
SPRINGFIELD, ILL.,, Aug. TO-
Gov. Len Small, Of Illinois, arrested,
held captive and finally liberated
under $4,000 bonds. today was re-
ported as planning to test the legal
ity of his arrest through habeas
corpus proceedings.
EarIx Trial Asked. ~
This action, 1t was learned today.
fs Intended as the Opening. shot
In '.retalitory'' legal offensive The
bonds under which the governor OBJ
tanned his release will be the means
by which he viii tudicially test his
arrest before a court outside Sanga-
mon county.
States Attorney c. Fred Mortimer.
at the same time, issued a statement
in which he agreed to change of
venue for the trial OF the governor
on charges of misusing $500, 900 Of
State interest funds. The States at
torney declared he did not waive the
question OF fairness but simply de-
sired to grant the governor every
consideration in prosecuting the case.
He also demanded an early trial.
The "habeas corpus plan," thought
doomed by the governors arrest in
Henry Mester accepted bonds bearing
the signatures of three Springfield
men as sureties. The men are G. II.
Jenkins, Roy Ide and Harry Ide, all
wealthy manufacturers. The govern
or also signed the bonds.
Friendly Court Ordered.
The plan, it Is understood. is based
on the surrendering of the govern
or's bonds by his bondsmen before a
court outside Sangamon county. This
would mean that the governor would
have to submit to custody Willingly"
before a friendly" court.
This action then would be followed
by the habeas corpus proceeding to
obtain the governors physical release
lin effect, It will be test Of the
legality OF his arrest. 1t is the move
fought by States Attorney Mortimer
from the day Of the governors indict-
ment. 1t may result In a new legal
battle to the States highest courts.
State Makes Concessions.
The States attorney, in his state
ment, first referred to the procedure
under which the governor was In
dicted. He praised the grand Jury that
returned the indictments, terming the
Jurors a type of American citizenship
without q superior anywhere in the
country" He then reviewed the legal
jockeying which preceded the COVER
nor's arrest.
The chaos and confusion exist
ing In the minds of citizens, pro-
duced by the conduct OF this de-
fendant, is far more disastrous than
his submission to arrest" said the
statement.
"The defendant is reported to have
said that he wants an immediate
trial, but that he will not be tried in
Sangamon county IL he can avoid
It, To that end and to hasten the
day for the settlement of the issue
involved. the States attorney makes
the following propositions:
81. That he file a petition for a
change of venue, supporting II with
such affidavits as he may see ut.
the same to be filed with the petit
ton and affidavit of Mr.. Vernon
Curtis, co-defendant.
Small Issues Warsing.
%. The States Attorney will
agree with his (the governor's)
counsel that n change Of venue shall
be granted with the consent of the
court to some other county OF the
State. such county to either be
agreed upon between his counsel and
the States attorney, IL possible, or
by the court before which a petition
for change Of venue shall be pre-
sented." -
In closing, Mortimer declared he
had not the slightest notion" that
the defendant could not receive a
fair and impartial trial In this
county, the contrary being true.
Mortimer also asked all citizens TO
suspend judgment until the facts
are developed by trial."
II was reported today that the gov
ernor had given Sheriff Mester and
the States attorney q ''veiled warn
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