Free trader-journal and Ottawa fair dealer. (Ottawa, Ill.) 1920-1927, 1921-09-26
FILE AFFIDAVITS AS AN
"OFFSET" TO VENUE
PETITION
ARGUE PLEA FRIDAY
STATE ATTACKS GOVERNORS
MOTION FOR NEW JUDGE TO
TRY EMsEzzLEMENT CASES
WITH ANSWERS FROM MANY
SANGAMoN COUNTY CITIZENS.

Springfield, III, Sept 26.-States AT
torney Mortimer aud counsel for GcY'
ernor Small in the SmallCurtis-Ster.
ling embezzlement cases will contCr
tomorrow to select date for argu.
ment on Governor Small's petition for
change Of venue. If on agreement
Is reached both sides will appear be.
fore Judge Smith to ask the court to
name a judge before whom the case
will be tried. States Attorney Mort
mer said he would move that the ar
gTments he held Friday
Defends Sangamon County.
Springfield, III, Sept 26-State's
Attorney Mortimer defended the in
tegrity of Sangamon county citi2enrv
in his answer today to Goycrnoc
SmGll's petition for change Of
venue from the county.
Supported by 2,0OO atlidavits Morii
mer's answer filed in tho Circult
Court, declared that Governor Small
and his co-defendant, Vernon Curtis,
Grant Park banker, could get fair and
impartial trials here on charges Of
embezZlement and conspiracy to de-
fraud the state treasury.
The states attorneys answer was
six-page document which went into
political affairs OF Sangamon county
but which denied throughout Govern
or SmalIs contentious Of immunity
from arrest trial and prosecution and
the governors charges that prejudice
and politics would frustratc fair
;11 hnf sr,
deep seated and widespread preju
dice" against the governor exists inI
the county.
Rebutting Affidavts.
Aftidavits supporting Mr. Mortimer
answer came from all parts of Sansa-E
mon county. Every township and
community was represented. They
were practically idontical-all to the
effect that the governor and Curtis !
could have fair and impartial juriea
and fair and impartial trials.
II intend to defend and protect the
integrity of Sangamon county, Mr.. |
Mortimer said when he filed his an.
Swer and the ten volumes of afiida.
Wits. Modification of their attack on
Sangamon county by the governor and /
his counsel resulted today in an
equally modified answer by the states |
attorney. Two forms of petitions had
been prepared by the governors coml |
sci, it was said. After conference |
between the governor and his lawyers /
on Sept Is the petition less vitri0ljc !
in character was filed.
States Attorney Mortimer in his
answer denied that there is "a disposi |
tion of a very large part of the people
of Sangamon county to secure cOnviC-
tion Of the governor regardless of the
merits Of any or either of the
charges"
Cites County's Politics.
Declaring that Sangamon county is
overwhelmingly Republican, that all
the county officials are Republicans.
that the dominant or regular orsani-
zation of the party holds most of the
county Offices and has a majority of |
the Republican county committee. Mr.
Mortimer admitted that the regular"
organization is opposed in political
matters to the Small-Thompson wing
Of the party. Recalling the regular"
Republican picnic July 8 at Johnson@
picnic grounds, six miles east of
Springfield, Mr.. Mortimer said thai
the only critical mention made of
Governor Small by speakers at the
picnic was of the governors attitude
in the controversy over the title to
the state fair grounds.
Continuing, the states attorneys
answer said:
This respondent, further answer
ing, says that the citizens in this
county are fair and Just in their atti I
tude and they are beyond and above
carrying any political differences into
the jury box or the court room; that
they would accord to the petitioner
fair and impartial trial and determine
his guilt or innocence Of the charge
in said indictment upon the facts. the
evidence and the law applicable there
to, and nothing else; that the citizens
generally of said county are honor |
able in their conduct, and are CT good |
clean character, and would accord the
defendants fair and impartial trial .
Lucey Represents Sterling.
Patrick J. Lucey, former attorney
general and counsel of Lieutenant
Governor Fred n Sterling was pres
ent in Judge Smiths court when the /
Mortimer answer and supporting af-
fidavits were filed. Mr.. Lucey stated