The Rock Island Argus and daily union. (Rock Island, Ill.) 1920-1923, 1921-12-16
INDICTMENT OF
.SMAEL UPHELD
BY WILkERSON
Tells Judge EdtUards
Conspiracy Counts
Are Legal.

Wsukegan, Ill, Dec. 16.-tBy the
Associated Press. counts in the
conspiracy Indictment against Gov
ernor Len Small and Vernon Cur
tbs. which have been attacked by
the defense as insufficient and
improperly prepared. were defend
ed today by James H. Wilkerson.
assistant attorney general of IIi-
nois
MIR. WiIkerson told Judge Claire
C. Edwards the conspiracy counts
are based on precedents which have
been approved in many cases, both
state and federal They were drawn
to follow in all substantial re-
spects, the language which the
courts have sustained. he said
Cites 0chs VI. People
He referred to the case of Ochs
against the people, in which MEM
bers of the county board Of Cook
county were convicted of a con-
spiraey to defraud the county.
Reading from the Indictment in
that case, which was held good by
the state supreme court, Mr. VIII
kerson compared it to the Small
| Curtis indictments 10 show that
many of the counts in the latter
| followed the exact language Of the
Ochs indictment
The arguments OF the defense
proceed upon an entire mfsconcep-
ton of the nature of the offense
of conspiracy and the rules which
the courts have laid down, for
drawing indictments for that Of
fen8a"
Mr. WlIkerson cited federal cases
constituting section 81 Of the feder-
al criminal code, which Is the same
as the Illinois statute, making It
an offense to conspire to defraud
the state. He contended that in
preparing the conspiracy indict-
ment the prosecution had follow
ed carefully the rules laid down,
and the precedents approved by the
federal courts for indictments un-
der the federal statute.
s@Overt Act" Enough.
Replying to the contention that
in some of the counts Of the fndict-
ment the state did not charge that
Governor Small had actually re-
ceiYed any of the money involved
in the alleged conspiracy, Mr.. VIII
kerson said:
'@Thfs is not necessary in an in
dictment for conspiracy to defraud
the state All that is required Is
the affirmInent of one overt act,
and that act may be the act of any
one of the conspiratorS.
fv-fa fhSa
ecution under such an Indictment
may offer all the acts of all the
conspirators- The question here
is not one Of proof at the trial, bat
of the sufficiency of the indfct-
ment, and the indictment conforms
to all Of the statutory require
ments."
Pree Ends Arguments.
Waukegan, Ill, Dec 16.-Assist-
ant States Attorney Pree of Sanga-
mon county, who late yesterday be-
gan to answer the more technical
attacks of the defense on the in
dictments against Governor Len
Small and Vernon Curtis, the Grant
Park banker, charging them with
embezziement of state funds, con-
spiracy and operating a confidence
game, concluded his arguments this
morning
He was followed by James H.
wilkerson, assistant attorney gen
eraL
States Attorney C. Fred Morti-
mer of Sangamon county, who fired
the first gun of the prosecution in
defense on the indictments, said:
Mortimer Opens.
"T only want done that which
shall be fair to the defendants
nothing more or less" he said. and
I can only say that if these indict-
ments are legally insufficient then
they should be Quashed, but it, On
the contrary, these indictments are
found to be legally sufficient, they
! should stand"
| Mr.. Mortimer also took up the
| contention of Attorney c. C. La
| forgee. Governor Small's chief
counsel, that his client can OF re-
ceive a fair trial in Illinois and
challenged the truth of the state
ment-
Il was amazed beyond express
sion," he said, ~by the statement Of
| the counsel to this effect"