The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1921-08-03
Governor Small Expects Open
Clash With Courts.
His Attorneys Drop Plan for
Habeas Corpus Plea.
WILL ASK CHANGED VENUE
Small Practically Admits His
Person Not Sacred.
But May Make sImmunity'
Weapon at Trial.

Danville, Ill, Aug. 3.-Gov. Len
Small has called off his road inspec-
ton tour and with it his proposed re-
turn to Springfield at the end of the
week. He will return to Kankakee,
his home, he said.
Governor Small announced that he
would be glad to have the sheriff of
Vermilion county serve the warrants
upon him charging him with embez-
element and conspiracy in connection
with his term as state treasurer or
would be pleased to be served by any
other sheriff in Illinois except the
sheriff of Sangamon county where the
indictments were returned
Unless he changes his plans the
governor probably will be in Spring.
field the first of next week.
Expect Open Clash.
Springfield, ILL.,. Aug. 3-An open
clash between Gov. Len Small of Illi-
nois and the legal authorities of San
canon county today awaited merely
the arrival of the chief executive in
Springfield.
With Sheriff Henry Mester de-
ternined to arrest the governor on
| three warrants. interest centered
CHIEFLY on the measures the governor
will use to prevent his capture"
Altho the governor has not receded
from his stand that he is immune
from arrest it was learned today his
attorneys had practically decided to
drop the habeas corpus for the pres
en- i'll event he is arrested.
Legal Batteries Prepare.
His legal batteries meanwhile were
preparing for the preliminary slxirm-
fishes in court should the sheriff sue
Iceed in serving the warrants charging
him with misuse of state interest
funds.
1t is learned that the first court
action will be the entering of a motion
before Judge E. S. Smith for a change
lor venue. This apparently sounded q
death knell to the habeas corpu.
action at first Contemplated by his
legal advisers as a means of testing
the authority of the county Officials
In effect this would be tantan1oun
to admitting that the governor is no
immune to arrest" His adherent,
pointed out, however, that the Cover
nor might waive the question of i'm
munity for the time being but make 1
one of his principal weapons at hi
ultimate trial.
4 Want Changed Venue.
1 Attorney General George Gillespie
. one of the governors legal advisers
, today served notice on States Attor
ney Fred c. Mortimer that a motion
for a change of venue for Vern Curtis
a co-defendant with the governor
would be entered on August %. Thi
! action must be taken before Judg
Smith. who ordered the governor ar
rested last week
Curtis is named defendant in tn
same indictment brought against tn
governor. Gillespie. in serving notice
said he was acting for Paul Fisher
Chicago attorney, who is handIinl
curtis case. 1t was learned, however
that the governor can become a part
to the venue issue without further no
tice. He would simply have to sur
render to arrest before that date
1t was considered significant her
: that the governors legal advisers wer
: obtaining affidavits relating to the al
, legged prejudiced sentiment thruou
: Sangamon county. This was taken L
' indicate that the governor would be
l party to the Curtis motion. Represen
tatfves of the states attorneys offic
were meanwhile gathering affidavit
testifying that the sentiment of tn
county is not prejudiced.
In order to obtain a change G
venue, both the governor and Curt
must prove that Judge Smith an
public sentiment here are entireI
prejudiced to their case. The decisio
rests solely with the court.