The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1921-12-29
GOV. SMALL
ORDERED TO
TRIAL JAN. 9
Lake County Judge Upholds
Indictment Charging ILL
nois Executive With En-
bezzlement of Half Million.
Nine COUNTS REMAIN
lRH Associated Pressn

WAUKEGAN, H., Dec 29.-Judge
Claire c. Edwards, of the circuit court
of Lake county, today upheld an in
dictment charging Governor Len
Small with embezzlement of 100000
of state funds and nine of the 13
counts of an indictment charging the
governor, Lieutenant Governor Fred
E. Sterling and Vernon Curtis, bank
er of Grant Park, Ill, with conspir
acy and operating a confidence game
involving S2,000000 in state money
The court ordered the governor to
trial Jan. 9 at $3.50 o'clock on the
$500, 900 embezzlement charge.
Judge Edwards sustained the attor
neys for the governor and Mr.. Curtis
in part by quashing an indictment
charging them, together with Mr..
Sterling, with embezzlement of $780,
600, and quashed three counts charg-
ing conspiracy and the one charging
confidence game in the other joint in
dictment. AS a result, Mr.. Curtis will
face trial on the nine remaining
counts of the conspiracy charge.
Charge Killed
While Mr.. Sterling is not a party
to the proceedings here, he never
having asked a change of venue from
Springfield where the indictments
We're returned July 20, 1921, by the
Sangamon county grand jury, Judge
Edwards action in quashing the joint
embezzlement indictment against the
governor lieutenant governor and M.
Curtis will automatically kill that
charge against Mr.. Sterling.
The courts deciSion-a 5000 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 Governor Small and Mr..
| Curtis.
The decision was marked by a
scathing 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.
/ Willing Witness.
! "He was a willing witness" Judge
Edwards said, willing to do whatever
these indictments"
+ Regarding the changing of the min
ute book, the judge said ''the court is
of the opinion, however, that this ef-
fort was unnecessary
After disposing of the defense mo-
tions and detailing his decision on
each indictment, Judge Edwards said
in conclusion:
This is an important case from
! three standpoints:
First, from the legal principles in
volved, which have been so ably pre-
sented.
Second, important TO the defend
ants to have an immediate trial, and
Third, all important to the people
of the state of Illinois, that their gov
ernor be either convicted if guilty OF
this offense, or if not, that he be ac-
quilted and permitted to give his at
tention TO the duties of the high Office
which he now holds.
Anything now pending on the dock
ct of this court sinks into insignif-
canoe as compared to the Importance
of this last point.
Accordingly, believing that speedy
justice is as much TO be desired as
exact justice, and without consulting
the wishes of counsel on either side
the court of it's own motion, hereby
sets the first of these cases for trial
on Monday, January 8, 1922, at g.: sc
a. m. o'clock.
Alleged Illegal Practice.
The charges against the governor
and lieutenant governor and Mr.. Cur
It's centered around alleged illegal
practices during the term of Governor
Small as state treasurer, 1917-1919;
and the term of Lieutenant Governor
Sterling AS state treasurer, 1919-1921
The alleged illegal operations, &C
cording to special report" returned
by the grand jury and made public by
Judge Z. S. Smith, of Sangamon coun
} ty, consisted of the deposit in the
l Grant Park Bank at Grant Park, {
: town of about 900 people in Kankakec
county, a few miles from Governor
Smalls home, of sums of state money
aggregating S10,000.000 which were
then loaned to Swift and company, anC
Armour and company, Chicago pack
ers, on notes paying seven to eigh
percent interest. Not more than twt
percent of this interest was paid tt
! the state, the grand jury claimed. an(
the defendants are charged with re
tanning the remainder.