Indiana daily times. [volume] (Indianapolis [Ind.]) 1914-1922, 1921-12-29

/ ONE C0-DEFENDAET NOW
LIEUTENANT GOVERNOR.
Sterling was a former State treasurer
and is now lieutenant Governor Curtis
is banker of Grant Park.
Judge Edwards overruled the motion
to quash the conspiracy indictment
, against Small, Sterling and Curtis, "as
to counts, /, 1, 5, I, s, 9, 10. II and H.
and sustained the motion to quash as
to counts . s. and 13
In announcing the decision, Judge Ed
wards declared the case is of the great
est importance to the people of Illinois
! that anything now pending on the
/ docket off this court sinks into insig.
niticance in comparison"-and accord
ingly, he set an early date for trial
| without considering the wishes of coun-
sci for either side"
JUDGE REVIEWS
Defense CHARGES.
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 She Sangamon County board~&
of supervisors which selected u
March, 1921, the grand jury VIII .
indicted Governor Small and ~
defendants. was never legally orgarS
lied.
That the so-called special report" /
by the grand jury after returning
the indictments was "preJudiciaIT
TO the defendants.
That the rule OF secresy wa
violated.
Judge Edwards found that there as
Substantial compliance" with the
statute by the board Of supervisors OF
Sangamon County and that the grand
jury was a legal grand jury.
In regard 10 the special report OF
the grand jury, which was published in
the newspapers and which the defense
contended was "prejudicial," the Judge
said the effect of a report such as this
had never been passed upon by a court
Of review In the State Of Illinois, and
presented an Interesting question for the
consideration OF the court.
EVIDENCE OF TIP
HANDED TO PRESS.
There is evidence in this record that
representatives Of the press were in
formed the day before the grand Jury re-
ported that there would be something
out Of the ordinary procedure for them,'
Judge Edwards said.
This is 4 reprehensfble practice and
cannot be too severely condemned. Had
1t been made public before being ordered
spread into the record, this courts duty
would be plain"
However, the presiding judge OF the
Circuit Court ordered it spread on the
records. 1t thereby became accessible to
the public. and If error was committed
1t was after it was presented TO the
court and IS not subject for review
by 3 court of concurrent jurisdiction"
COUNTY CLERK BYERS
Is RCJNDLY SCORED.
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 findings 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 chairman and inter ALA
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 pub
ucation as provided by law. That there
was a regular meeting of said board In
June and in September, 1920.
"That on Sept IA, 1920, said board
adjourned until Thursday in connec-
tion with the last finding, the defense
introduced a certified copy of the record
of said September meeting, showing the
adjournment on Thursday The State
then called to the stand Charles w.
Byers, county clerk of Sangamon County,
and introduced the records of said clerk,
showing after the word Thursday the
words Sept. is, 1920
SAID BYERS WAS
"WILLING WITNESS"
"The period after the word Thurs
day has not been crushed or altered,
the words Sept 1G. 1920 are written
in a slightly different colored ink and
are a fraction of an inch higher in
Continued on Page Six.)