Evening star., 1921-12-29
GOV. SMALL'S TRIAL
| SET AS INDICTMENT
|SUPHELDBYCOURT
EmbezzIement of $500, 900
and Nine Other Counts
Stand Against Executive.
JUDGE ORDERS OPENING
TRIAL ON JANUARY g
Declares Extreme Importance of
Case Demands Immediate Con-
viction or Acquittal.
BY the Associated Press.

BY the Associated Press.
WACkEGAN. ILL.,, December 2"-
Judge ClaireHC. Edwards of the cir
cult court of Lake county today up
held an indictment charging Gov. Len
Small with embczzlement of 100000
of state funds and nine of the thirteen
counts on an indictment charging the
governor. Lieut.. Gov. Fred E. Sterling
and Vernon Curtis, a banker of Grant
Park, ILL.,. with conspiracy and oper-
ating a confidence game involving
s2,oOe,oo0 in state money.
The court ordered the governor to
trial January at $50 o'clock on the
100000 embezzlement charge.
Judge Edwards sustained the at
torneys for the governor and Mr..
Curtis in part by quashing an indict-
ment charging them, together with
Mr.. Sterling, with embeZzlement of
100000; and quashed three counts
charging conspiracy and the one
charging confidence game in the other
joint Indictment AS result Mr.
Curtis will face trial only on the nine
remaining counts of the conspiracy
charge.
While Mr.. Sterling is not party 10
the proceedings here. he never having
asked a change of venue from SPRING
field, where the indictments were re-
turned July 20. 1921. by the Sangamon
county grand jury, Judge Edwards
action in quashing the joint embezzle-
ment indictment against the governor.
lieutenant governor and Mr.. Curtis
will automatically kill that charge
against Mr.. Sterling.
Decision Read to Governor.
The courts decision-a 5e00-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
cathing arraignment of Charles W.
| Byers. county clerk of Sangamon
county, who admitted on the stand
that the records of his office contain
ing the minutes of the county board
which selected the grand jurors who
subsequently indicted the governor
and his fellow defendants, had been
altered.
He was willing witness" Judge
Edwards said. willing 10 do what
ever was necessary to be done to sus-
tain 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"
Case of Vital importance.
| tions and detailing his decision on
| each indictment, Judge Edwards said
in conclusion:
This is an important case from
three standpoint:
First. from the legal principles in
volved, which have been SO ably pre-
sented.
Second. Important to the defend
: ands to have an immediate trial
Third. All important TO the peo-
! pie of the state of Illinois. that their
| governor be either convicted. If
! 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 he now holds.
| Anything now pending on the
docket of this court sinks into in
| significance as compared to the i'm
4
Immediate Trial Ordered.
| Accordingly. believing that speedy
justice is as much to be desired as
exact justice. and without consult
! ing the wishes of counsel on either
side, the court of its own motion.
! hereby sets the first of these cases
! for trial on Monday. January ., 1922, a
/ $50 O'Clock am"
The charges against the governor
| and lieutenant governor and Mr.. Cur
tbs centered around alleged illegal prac-
| ticeS during the term of Gov. Small
as state treasurer, 1917-1919, ard
ling as state treasurer. 1919-1921.
J The alleged illegal operations. ag
cording to special report" returned
F, by the grand jury and made public
by Judge +. s. Smith of Sangamon
county, consisted of the deposits ia
q town of about 600 population in
Kankakee county. a few miles from
Gov. Smalfs home. of sums o:
state money aggregatfng Sl0.o0o.o0h.
| which were then loaned TO Swift IL
Co. and Armour Il Co, Chicago
packers. on notes paying to s
per cent interest. Not more than
4! 2 per cent of this interest was paid
to the state, the grand jury claimed,
and the defendants are charged with
retaining the remainder.
State Only Deposition.
The Grant Park Bank" the grand
Jury said. was a private institution
which ceased to function in 1908, and
which had at the-time of the alleged
conspiracy only one depositor, the
state of Illinois.
Judge Edwards denied the motion
of the defense that the charges be
quashed on the ground that the pub
lication of the grand jury's special
ireport"-which the defense claims
was an illegal document-had de-
! priyed the defendants of their chance
of a fair trial and due process of
law.
He said of this report, however, that
"this court hesitates to give fur
ther publicity to these findings. so
i they will not be herein enumerated.
Suffice it to say that this report not
only makes findings Of fact involving
j these defendants. but sets forth IN
detail the manner and means in and
by which these alleged offenses were
committed. lit charges that an in
genious scheme was devised by the
defendants apd closely adhered TO
for circumventing the law. and re-
cites in detail how said scheme was
operated, and was signed by the
4 nf the nd