The Rock Island Argus and daily union. (Rock Island, Ill.) 1920-1923, 1921-12-05
BAT TIE TO
STOP TRIAL
IS STARTED
Charge Indicting Grand
Jury Not lawfully
Selected.

Waukegan. Ill, Dec. 5.-Govern-
or Len Small and Vernon Curtis,
Grant Park, Ill. banker, today
opened their fight against trial I'M
der the conspiracy. embezzlement
and confidence game indictments
returned at Springfield by the San
CANON county grand jury last July.
Appearing in the court of Judge
Claire c. Edwards they asked that
the indictments be quashed as il
legal and insufficient.
The start Of the case was de-
layed an hour while Judge Ed
wards opened the December term
Of court and instructed the grand
jury
Governor Small, Mr.. Curtis and
their attorneys conferred in a near
by office.
At 11:10 o'clock the governors
lawyers notified Judge Edwards
they would not be in court until
1870 this afternoon. States Attor-
ney Mortimer of Sangamon county
agreed to the delay
Five minutes later the governor
and his attorneys Unexpectedly ap--
peared at the court house and went
into Judge Edwards chambers.
After inspecting the court room
arrangements, the governor and
his party left for lunch.
The question of whether Cover
nor Len Small, Lieutenant Cover
nor Fred Sterling and Vernon Cur
lis, banker Of Grant Park, IL,
must stand trial on charges of en-
bezEling money from the state of
illinois. conspiracy, and operating
d confidence game probably will be
settled when Judge Claire c. Ed
wards disposes of motions to quash
the indictments, filed by two of the
defendants and on which hearing
began here today. The indictments
are based on the alleged misuse OF
state funds during the terms OF
Mr.. Small and Mr.. Sterling as state
treasurer.
Sterling Not Party.
Lieutenant Governor Fred Ster-
Ing is not party to the hearing
here, he not having asked a change
0! venue from Sangamon county,
where the indictments were re-
turned last July. The decision on
the legality of the indictments
against Governor Small and M.
curtis. however, undoubtedly will
apply to Mr.. Sterling's case also.
With an imposing array of coun-
sci ready TO argue to the last legal
eilcn' indications are that the hear
me which opened today may last a
week. The governor and Mr.. Cur
US represented by Charles c. Le-
tefgee' Of Decatur; A. F. Beaubien
0I Waukegan; and Werner W.
ocnroder of Springfield, are at
lacking the indictments on more
than score Of grounds. including
an allegation that the grand jury
tSeH was not lawfully selected
sno organized as required by the
laws OF the state of Illinois"
Again Claims Immunity.
The governor also raasserts the
sontentlon oyerruled by Judge
Sui'tn OF Springfield. July %. that
ms Office as governor renders him
.Amune from arrest and prosecU-
aon for any act alleged to have
oesn committed prior to his elect
zen as governor Wherefore, this
uetendant,' reads the concluding
ssntence Of his motion TO quash the
Snarges against him. mot waving
ost expressly reserving any rights
ahscting the public interest and
peFtalnlng 10 his office as governor
VI the state OF Illinois prays judg-
nent mat the Indictment, and each
'0ant thereof may be quashed."
=, among the allegations set up in
motions OF both the governor
Na Mr.. Curtis, it is argued that:
Defense CONVENTIONS.
-, H. They are not charged with
ne violation of any law of the
Sa S,a'e OF Illinois, or any offense un-
Iea me laws of Illinois.
- The indictments fail to give
GATE when it is alleged the
tehdants unlawfully received any
s~ oey or property. nor is the
@Aount Of any sums alleged to