Indiana daily times. [volume] (Indianapolis [Ind.]) 1914-1922, 1921-08-11
SMALL SEEKS
= TO SURRENDER
ON HIS BONDS
Attorneys Demand Copy So
Governor Can Be Delivered
to Another Court.
WILL CHOOSE CHICAGO

SPRINGFIELD. H., Aug. 11.-GoY-
ernor Len Small of Illinois vas to
spend part of his $4,000 liberty"
outside Springfield late today.
The Governor left the capitol at
noon, taking an Illinois Central train
to his home at Kankakee. He an
nounced he probably would attend a
Dixie road meeting at Momence to-
morrow. His schedule calls for a
visit to Chicago over the weekend,
but it is intimated this might be
postponed
His battery Of attorneys, headed now
BY Corporation Counsel Samuel A. Ettel-
son Of Chicago, meanwhile laid plans for
the next legal clash with Sangamon
>-County officials habeas corpus pro-
ceedings. The legal aspect Of the case
developed into q battle Of wits between
opposing counsel
The Governor. in a bitterly caustic
statement late yesterday, blamed his pre-
dieament on the SangamOn County vice
ring" and openly threatened retaliatOry
prosecutions. His statement was inter
preted to indicate his legal advisers in
tended to investigate State war contracts.
This reference was closely associated with
his naming Of "war board" early IN
the week to probe the adJutant gen
erals department.
Sheriff HeF.y Mester has counter at
tackled the Governor for his statement.
The sheriff took exception TO the Gov
ernor's charge that his deputies were
Il deeply regret the Governor was so
poorly advised of my visit to the State
House, said the sheriff. Il took along
q few Of nv regular deputies because the
Governor had decla red he would not sub
NIT TO arrest ] was prepared to arrest
him By force"
The sheriff also denied that the Gov
ernor was jeered while in the former s
once. He declared it was the GOve9or' $
own friends who througed the corridors
Of the state House and court house before
and after the arrest
Attorneys for both sides meanwhile
were deIving into dusty law books seek
ing precedents and opinions on the
usage of the habeas corpus They will
fnglv admitted that this action doomed
as the next step at law Former Con
gresham James NJ Graham Of the Gov
.ernor's counsel. opened this fight by de-
handing a certified copy Of the Gov
errors bonds from Sheriff Mester-
The request was refused temporarily
by the sheriff, pending decision from
States Attorney G. Fred Mortimer. The
latter informed the sheriff the statutes
did not compel the sheriff to produce a
copy OF the bonds
On the other hand. the Governors at
torneys asssiled this opinion. Attorney
George B. B. Gillespie declared the sher-
if was compelled by Law to produce a
copy. The inumstion was given that
legal steps might be taken to compel the
sheriff to comply.
The copy, it was explained. would be
the basis % the hRbeas corpus action. To
bring the habeas corpus into play, both
sides admitted the Governor must be
Surrendered" on his bonds. Possession
OF copy OF the bonds would enable his
counsel 10 Surrender the Governor to
law officers outside Sangamon County.
IT is this step. reports today confirmed.
that will be taken next in the fight 20
test the legality Of his arrest.
A report that the habeas corpus ac-
ton would be taken before the state
Supreme Court was discounted BY legal
authorities here. All indications now
point TO the proceeding being brought
before Cook County Judge at Chicago