The Barre daily times. (Barre, Vt.) 1897-1959, 1921-08-10
That Governors Counsel
File a Petition for a
Change of Venue and
That Both Sides Agree to
Speedy Trial--GovernOr
Small Indulged in Much
Obstruction

Attorney Mortimer to-day proposed
conditions under which he will agree
TO grant Governor Len Small change
of venue outside of Sangamon county
for trial on charges of embezzlement
of state funds for which the governor
was arrested by Sheriff Master yester-
day.
The states attorneys propositions
were:
That the governors counsel file a
petition for a change of venue and con-
fer with Mortimer in an effort to
reach an agreement on some county
acceptable TO both the prosecution and
the defense.
That both sides agree to speedy
trial.
The states attorney offered the
proposition after making a long state
ment in which he extolled the citi
zenship of Sangamon county, where
he said the governor could obtain an
impartial trial regardless of claims
to the contrary. Mr.. Mortimer also
paid a high tribute TO the men who
constituted the grand jury which in
dicted Governor Small and his code
PENDANTS. Lieutenant Governor Fred
f. Sterling and Vernon Curtis OF Grant
Park.
Mr. Mortimer conferred with attor-
ney General Brandege Immediately
after the latter's arrival in Springfield
shortly before midnight, and the pro-
posal for a change of venue for the
governors trial was acceptable To the
attorney general, it was said.
In making his proposition the states
attorney, it was believed. was a step
ahead of the governor, who was en-
pected, through his counsel TO start an
early fight to take the case out of
Sangamond county, which be declares
is the stronghold Of his political en-
emies.
States Attorney Mortimer said that
his proposition does not waive his
rights to file an answer to the gov
Prnor's petition for a change Of venue
but added that under the conditions Of
fered the change would be granted
without opposition.
Governor Small submitted to arrest
yesterday under protest at the execu-
tive mansion, after having been be
seiged at the state capitol during the
entire day by Sheriff Henry Mester
and a force of deputies. From the
executive mansion he was taken by |
the Sheriff TO the court house where |
bonds were approved
The final day of the nance ivering |
between Governor Small and Sheriff |
Mester proved TO be the most excit-
ing as well as the most dramatic of |
any since the Sangamon county grand |
jury returned indictments against
Governor Small on July 20.
Governor Small went to the capitol
and 20 his offices Tuesday morning
and about noon Sheriff Mester and a
force of deputies appeared.
Governor Small did not leave his
nffiee for lunch and Sheriff Mester
paced the lobby on the lower floor
until $3.50 o'clock. while his deputies
guarded the various exits. At that
hour Governor Small invited the
sheriff to come in and arrest him.
Sheriff Mester refused TO serve the
in the governors executive
offices while the chief executive was
in actual performance Of his official
duties.
The governor agreed to meet the
sheriff at the executive mansion AT s
'clock and il was there that the war
rants were read.
George Gillespie. attorney for Gcv-l
'rnor Small offered Sheriff Nester a
sond Of $4,000 which the sheriff curt
y refused until IL had been examined
~ his attorney and firmly insisted ON
Governor Small ACCOMPANYING him 10 ,
he court house.
note was attached bv Governor
small 10 the bottom Of the bonds in
shich he asserted they were given un-
Ter protest
Three indictments were returned
gsinst Governor Srlan bv the San.
anon county grand iurv on july %
n which he was charged with ernbez- :
ling half million dollars Of state r
unds while state treasurer and con. 4
pring to defraud the state Of - '
f0tFs0 Retention Of interest on state a
unds vas charged. Lieutenant Gov. h
rnor Fred Sterling and Vernon Curtis. Z
resident q the Grant Park hank were :
leo indicted Sterling and Curtis fur. a
ishsd bonds and were released shs 9
ext day. but Governor Snalrs At h
ornsys asserted that a. the states {
hief executive. hs vas immune from
rress- III
The court ruled however. that the \
cysrnor vas not above the Aw. Gov /