The Rock Island Argus and daily union. (Rock Island, Ill.) 1920-1923, 1921-12-29

Waukegan, Ill, Dec. 29.-(By
The Associated Press. Judge
Claire c. Edwards, of the circuit
court of Lake county, today upheld
an indictment charging Governor
Len Small with embezzlement of
$500,O00 of state funds and nine OF
the Is counts of an indictment
charging the governor, Lieutenant
Governor Fred E. Sterling, and
Vernon Curtis, a banker of Grant
Park, ILL.,, with conspiracy and
operating a confidence game in
volving s2,0O0,000 in state money.
The court ordered the governor
to trial Jan. 8, at $3.50. o'clock on
the $500 900 embezzlement charge.
Judge Edwards sustained the at
torneys for the governor and Mr..
Curtis in part by quashing an in
Lictment charging them, together
with Mr.. Sternng, with embezzle-
ment of S700,0OU; and quashci
three counts charging conspiracy
and the one charging confidence
game in the other Joint Indictment.
AS a result Mr.. Curtis will face
trial only on the nine remaining
courts of the conspiracy charge.
While Mr.. Sterling is not a party
to the proceedings here, ne never
having asked for a change of venue
from Springfield, where the indict-
ments were returned July 20, 1921
by the Sangamon county grand
jury, Judge Edwards action il
quashing the joint embezZlement
indictment against the governor,
acknowledgement and Mr. Curtis
will automatically kill that charge
against Mr.. Sterling.
The courts decision-a 5000
word document, which goes at
length into the arguments of {. {.
LeForgee and other attorneys for
the defendants in support OF their
motion to quash-was read in courI
this afternoon in the presence OF
Governor Small and Mr.. Curtis.
Judge DenOunces Byers.
The decision was marked by a
scathing arraignment of Charles
w. Byers, county clerk of Sanga-
mon county, who admitted on the
stand that the records of his Office
containing the minutes of the
county board which selected the
grand jurors who subsequently in
aicted the governor and his fellow
defendants mad been altered.
He was a willing witness, Judge
Edwards said, willing TO commit
perjury, to face even the charge
of falsifying the records Of his Cf-
fee. in a word he showed will
ingness to do whatever was neces-
sary to be done to sustain these
indictments"
Regarding the changing Of the
minute book, the Judge said "tha
court is of the opinion, however
that this effort was unnecessary.
After disposing of. the defense
motions and detailing his decision
on each Indictment, Judge Edwards
said, in conclusion:
This is an important case from
three standpoints:
Gives Three Points.
First: From the legal princi-
pies involved. which have been so
ably presented.
Second: Important to the de
PENDANTS to have an immediate trial,
and
Third: All important to the peo-
pie of the state of Illinois that their
governor be either convicted, il
guilty of this offense. or If not that
he be acquitted and permitted TO
give his attention to the duties of
the high office which lie now holds.
Anything now pending on the
docket of this court sinks into in
significance as compared 10 the iEo-
portance OF this last point.
Accordingly. believing that
speedy justice IS as Lauch to be 1e-
sired as exact justice; and will
out consulting the wishes of coun-
sci on either side, the court of its
own motion, hereby sets the first
OF these cases for trial on Monday
Jan. 9. 1922. at $50 a. NJ"
The charges against the cover
nor, lieutenant governor and Gr
Curtis center around alleged lille
gal practices during the term of
Governor Small as state treasurer,