The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1921-12-29
GOVERNOR SMALL
MUSTFACE TRIAL
FOR CONSPIRACY
Judge Claire c. Edwards Up-
holds Indictments.
Charges Against One of Accused
Are Quashed.
TRIAL NOW SET FOR JANUARY 8
Decision Given in Five Thou
sand Word Document.
Declares Charges of Conspiracy
We're Made Legally.
Charges Against One of Accused
Are Quashed.
TRIAL NOW SET FOR JANUARY 8
Declares Charges of Conspiracy
We're Made Legally.

Waukegan, Ill, Dec. 20 (by the A.
P.)-Judge Claire c. Edwards of the
circuit court of Lake county today
upheld an indictment charging Cow
ernor Len Small with embezzlement
of $500, 600 of state funds and nine Of
the thirteen counts of an indictment
charging the governor, Lieut.. Cav
ernor Fred E. Sterling. and Vernon
Curtis, a banker of Grant Park. Ill,
with conspiracy and operating con-
fidence game involving $2,0OO,0o0 in
state money.
The court ordered the governor to
trial January at $3.50 O'Clock on the
$500, 900 embezzlement charge.
Judge Edwards sustained the attor-
neys for the governor and Mr.. Curtis
in part by quashing an Indictment
charging them. together with AIR.
Sterling, with ernbezzlement of $780,
900, and quashed three counts charg-
ing conspiracy and the one charging
confidence game in the other Joint
indictment. AS a result Curtis will
face trial only on the nine remaining
counts of the conspiracy charge.
Governor Small reached the court
room shortly before l O'Clock accom-
panied by his son. Leslie. Vernon Cur
tbs. and his attorneys, c. c. Leforgee.
Warner w. Schroeder and Alexander
+. Beaubein.
Judge Edwards started reading his
decision at 1904 O'Clock. Less than
court concluded the reading at 1888
p.
Conspiracy Charge First.
States Attorney Mortimer tnen
moved the defendants be arraigned-
Leforgee asked that the state be re-
"a
bill of particulars in the ennbezzie--
rnerit case against Governor Small,
which Judge Edwards had picked for
trial starting January 3.
Mr.. Mortimer told the court he did
not want to try the embezzlement case
first and elected to call the conspiracy
case first He said if this order is fol-
lowed "either a conviction or an ac-
quittal in this conspiracy case VIII
dispose of this entire controversy
Mr. Leforgee entered a vigorous OBJ
lection and insisted the governor be
! tried first on the embezzlement indiet-
ment, in which he alone is defen-
dant.
Ono of Accused Cleared.
While Mr. Sterling is not party to
/ the proceeding here, never having
| asked a change OF venue from SPRING
field, where the indictments were re-
turned July 20, 1921, by the Sanga-
mon county grand jury, Judge Ed
wards's action in quashing the joint
| embezzlement indictment against the
governor. lieutenant governor 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 c. c. Leforgee and
other attorneys for the defendants in
support of their motions TO quash--
was read in court this afternoon in
| the presence of Gov. Small and Mr..
! Curtis.
The decision was marked BY
| scathing arraignment Oh Charles y.
| Byers, county clerk of Sanean1oa
! county. who admitted on the stand
that the records OF his office con-
tanning the minutes of the county
board which selected the grand jurorss
who subsequently indicted the gov
/ ernor and his fellow defendants had
| been altered.
He was a willing witness" Judge
/ Edwards said, willing to commit per-
! jury to face even the charge Of faisi-
/ Tying the records OF MS office. In g
| word he showed a willingness to do
I whatever was necessary to be- done to
sustain these indictments"
Regarding the changing of the min
ute book, the Judge said The court
+ is of the opinion, however, that this
effort was unnecessary.
Calls 1t Momentous Case.
! AFTER dlSpOSlEK OF tne QeIeHSe HlU-
! tions and detailing his decision on
each indictment. Judge Edwards said
in conclusion:
! This is an important case from
three standpoints.
First: From the legal principles
: involved, which have been 50 ably pre-
sented
Second: Important TO the defen-
dants to have an immediate trial and:
I Third: All important to the peo-
pie of the state of Illinois that their
! governor be either convicted il guilty
I of this offense. or If not that he be ac-
/ tention to the duties of the high office
: which he now holds.
Anything now pending on the
, docket of this court sinks into insis-
nificance as compared TO the impor-
I tance of this last point.
! Accordingly, believing that speedy
I justice is as much to be desired as ex-
act justice; and without consulting
the wishes of counsel on either side.
I the court of its own motion. hereby
sets the first Of these cases for trial
Monday. January 9, 1922. at $40
/ o'clock a. m"
/ Illegal Practice Chagged.
The charges against the governor
and lieutenant governor and Mr.. Cur
I tis centered around alleged Illegal
practices during the term Of Governor
I Small as state treasurer. 1917-191Ss
and the term Of Lieutenant Governor
/ Sterling as state treasurer, 191e192f.
The alleged illegal operations. ac-
cordinglto a special report. returned
by the grand jury and made public by
Continued on Page Twol