The Rock Island Argus and daily union. (Rock Island, Ill.) 1920-1923, 1921-12-29

19171919; and the term or Lieuten-
ant-Governor Sterling as state
treasurer. 1919-1921. The alleged
illegal operations, according To q
special report" returned Is the
grand jury and made public by
Judge E. S. Smith of Sangamon
county, consisted of the deposit in
the Grant Park Qll) bank at Grant
Park, a town of about six hundred
population in Kankakee county, a
few miles from Governor SmaITs
home, of sums of state money ag-
gregating $4,000 900. which vas
then loaned to Swift & Co, and
Armour & Co, Chicago packers, on
notes paying 7 to per cent inter
ests. Not more than per cent Of
this interest was paid to the state,
the grand jury claimed, and the
defendants are charged with re-
tanning the remainder.
Raps Grand Jury Report
The Grant Park bank" the
grand jury said. was a private in
stitution which ceased to function
in 1908, and which had at the time
of the alleged conspiracy only one
Judge Edwards denied the motion
of the defense that the charges be
quashed on the ground that the
publication of the grand jury's
special report which the defonss
claims was an illegal document
had deprived the defendants OF their
chance of a fair trial and due pro
cess of law.
He said of this report, however,
that this court hesitates TO give
further publicity to those findings,
so they will not be herein enum-
Grated, suffice it to say that this re-
port not only makes findings Of facts
involving these defendants, but sets
forth in detail the manner and
means in and by which these alleged
offenses were committed. 1t
charges that an ingenious scheme
was devised by the defendants and
closely adhered to for circumveut-
ing the law, and reC:tes in detail
how said scheme was operated, and
was signed by the % members OF
the grand jury.
However, the presiding Judge OF
the circuit court ordered it to be
spread of record; it thereby became
accessible TO the public, and II error
was committed il was after II was
presented to the court, and is not Il
subject for a review by court Of
concurrent jurisdiction"
: Quashcs On Technically.
The indictment which charges
the three defendants Jointly w.fh
embezzlement Of 100000 Was
quashed by the court on a technical
ity-failure of the grand jury fore
man TO sign his name at the foot Of
. the true bill presentmeat-and
without consic Grafton OF other OBJ
jections which the defense had
raised
In the conspiracy indictment
counts two and three were quashed
because they failed to allege the
special injury which was supposed
to have been the object Of the con
spiracy named. These counts
charged the three defendants with
! conspiracy to commit an OHense
against the state; to defraud the
state by maIfeas sauce, par tia!ity AMI
extOrtio.- and by taking fees and
awards above the legal salary Of
the treasurer; 70 deprive the state
of an honest administration Of the
office OF state treasurer; TO refuse
to obey the law; to ualawfully
place state funds in jeopardy for
their unlawful gain, and to defraud
the state by Withholding funds
due it.
Count six in the same Indictment
was quashed because It failei 70
allege commission Of an overt act
in furtherance of the conspiracy
Count 13, the confidence game
charge, was dismissed because It
failed to follow the legal require
ments and charge the defendants
'feloniously'' attempted u obtain
morey from the state
Judge Edwards held commission
, of the word rendered the count void.
Judge Edwards decision follows:
Text Of Decision.
! The motions TO quash the in
dictments and each count thereof,
may, for the purposes of this oPin-
Continued on Page Nine.1