Every evening, Wilmington daily commercial., 1921-08-10
SMALL s BAIL 100000.
GETS VENUE CHANGE
Indicted Governor of Illinois
Surrenders After State House
is Besieged.

BY Associated Press 60 Every Evening.
Springfield. Ill, Aug. f0r-State's
Attorney Mortimer today proposed
conditions under which ne win agree
to grant Governor Small change Of
venue outside of sangamon county
for trial on charges Of en1bezziernent
Of state funds for which the governor
was arrested by sheriff Mester yes
terday.
The States attorneys proposals
were:
That the governors counsel NE a
petition for change Of venue and
confer with Mortimer in an effort to
reach an agreement on some county
acceptable 70 both the prosecution and
the defense.
That both sides agree to . speedy
trial.
The states attorney offer the pro-
positions after making a long state
ment in which he extoilcd the citizen-
ship Of Sangamon county, where he
said the governor could obtain an i'm.
partial trial. Mr.. Mortimer also paid
a high tribute 20 the men who con-
stituted the grand jury which indicted
Governor Small and his co-defendants
Lieutenant-Governor Fred r.. Sterling
and Vernon Curtis Of Grant Park
Ir. Mortimer conferred with At
torney General Brundagee Immediately
after the latter's arrival in Springfield
shortly before midnight last night. and
the proposal for change Of venue for
the governors trial was acceptable to
the attorney general It was said.
In making this proposition the
States attorney. IL was believed. was
q step ahead Of the governor, who was
expected through his counsel. to start
an early fight 70 take the case out Of
Sangamon county. which he declared
is the stronghold Of his political ene-
mics.
Warrant Served Yesterday Afternoon.
The arrest OF Governor small. who
has asserted that as governor he Il
above the law. was effected at SIS
o'clock yesterday afternoon by Sheriff
Hank" Mester Of Sangamon county.
1t was the first time in the annals or
the State that a Governor was ar
rested on a criminal charge while in
office.
Despite the Governors protest and
those Of his attorney, George b. Gil
lespie. he was forced to accompany
the sheriff 70 the Court House. where
ne furnished bonds Of $4,000 as
surety for his appearance before
Judge Ebert s. Smith in the Sanga
mon County Court on the first Mon
day in September to answer TO the
three indictments. returned July 20.
charging him with embezzIing $500 .0e0
0f State funds. conspiracy to defraud
the State Of s2.0O0.00o, and enbezzIing
Jointly with Lieut.. Gov. Fred +.
Sterling and Vernon Curtis. 500. 900
II interest on public funds.
From noon until $50 o'clock Sheriff
Mester and a force Of deputy sheriffs
oesieged the State House, guarding
Every entrance, waiting with the war
-ants for the Governors arrest. He
.ad not moved out of his private of
ice even for lunch.
At $50 o'clock Gov. Small request
a the sheriff to come TO his Office
lsked him IL he had the warrants. and
invited him TO arrest him. The sheriff
'efused, saying he had been advised
" his attorneys not TO take the Gov
,rnor into custody while he was inl
he actual performance of his official
iuties Gov. Small then informed the
,heriff he would be at the Executive
Mansion at o'clock.
Sheriff Mester accompanied BY his
.hief deputy. Ora Lennon, drove up
o the mansion at 5 o'clock. Both
gere conducted to the library where
he Governor and Attorney Gillespie I
we're waiting. Here the arrest was
made.