The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1921-08-10
Gov. Len Small Gave Bond I'm
der Protest.
Indicated Habeas Corpus Plea
VIII Come Next.
STATES ATTORNEY FOR SPEED
Issues Statement Demanding
Early Trial of Case.
Gives Terms for Change of
Venue for Small.


NAL arrest of Gov. Len Small on war
rants charging ennbezzlement of state
funds while state treasurer and his
release under bonds of $4,000, ten
sion at the state capitol, which has
been at high pitch, Iessened today.
The governor went about his duties
as the states chief executive and ap-
parently there were to be few develop
ments in the case prior to the conven-
ing of the Sangamon county court on
the first Monday in September. when
Governor Small is to appear to an
swer to the Indictments returned
against him. Governor Small submit
ted to arrest under protest at the ex-
ecutive mansion. after having been be-
sieged at the state capitol during the
day by Sheriff Henry Mester and a
mansion he was taken by the sheriff
to the court house, where bonds were
approved after which he returned to
the governors home.
Wants Trial Speeded.
! States Attorney Mortimer today
proposed conditions under which he
will agree to grant Governor Small a
change of venue from Sangamon coun-
ty for a trial on charges of embezzle-
ment of state funds for which the
governor was arrested by Sheriff Mes
ter yesterday.
The states attorneys propositions
were:
That the governors counsel file a
petition for change of venue and con-
fer with Mortimer in an effort to
reach an agreement on some county
acceptable to both the prosecution
and the defense.
That both sides agree to a speedy
trial.
Governor Small today was reported
as planning to test the legality of his
arrest thru habeas corpus proceed
ings. This action, it was learned to-
day is intended as the Opening shot
in a ''retaliatory' legal offensive. The
bonds, under which the governor OBJ
tanned his release, will be the means
by which he will judicially test his ar
rest before a court outside Sangamon
county.
May Use ''Habeas Corpus"
The ~habeas corpus plan" thought
doomed by the governors arrest in
Springfield, was revived when Sheriff
Henry Mester accepted bonds bearing
the signatures of three Springfield
men as sureties. These were c. H
Jenkins, Roy Ide and Harry Ide, all
wealthy manufact urers. The gov
ernor also signed the bonds.
The plan, it is understood is based
on surrendering of the governors
bonds by his bondsmen before a court
outside Sangamon county. This would
mean that the governor must submit
to custody "Gnwillingly'' before a
friendly court"
This action would then be followed
by the habeas corpus proceeding to
obtain the governors physical release
in ERECT, will be a test of the legal
ity of his arrest. 1t is the move fought
by States Attorney Mortimer from
the day of the governors indictment.
1t may result in new legal battle to
the states highest courts
Deplores Governors Tactics.
The states attorney, in his state
ments, 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 a superior anywhere in the
country" He then reviewed the legal
jockeyiRg which preceded the gov
ernor's arrest.
"The chaos and confusion existing
in the minds of citizens, produced by
the conduct of this defendant, is far
more disastrous than his submission to
arrest" said the statement.
It was reported today that the gov
ernor had given Sheriff Mester and the
states attorney a "veiled warning of
the ''habeas corpus plan" when his
bonds were accepted yesterday.
The bonds. finally accepted. were
prepared prior to the arrest. by the
governors attorneys. When first
handed to Sheriff Mester. the latter
rejected them. The sheriff declared
he wanted a personal bond. This
would have prevented its surrender to
any other cpurt.
Gave Bond Under Protest.
1.-THE sureties on this bond are good"
said Mortimer. There is no question
about the sureties, but we do not care
for suretieS"
eff the governor is subject to ar
rest, he is not entitled to any favors
any other citizen is not entitled to re-
ceive. His bond is rendered for ac-
ceptance.'' said his attorneys.
'I approve the bond" Mester fin
ally replied.
The governor then handed him a
statement outlining his position.
81 give this bond under protest, -
said the governor ST do not relinquish
any of the rights of the chief executive
of the state of Illinois,
Springfield, meanwhile. marked
time awaiting the next move in the
legal warfare.