Indiana daily times. [volume] (Indianapolis [Ind.]) 1914-1922, 1922-01-31
JUDGE DECIDES
LEN SMALL BE
TRIED ALONE
Ruling Comes After Hot Argu-
ments by Attorneys on
Both Sides.
CHARGE BAD FAITH

&AUKEGAN, ILL.,. Jan. 31.-Judge
$50 c. Edwards today granted Gov
ernor Len Small a separate trial.
Governor Small and Verne Curtis,
Grant Park banker, Will be tried sepa-
rately On charges of conspiracy to en-
bezzle State funds.
The judge stated he made his ruling
to assure Verne Curtis a fair trial. Cur
tbs, the Judge pointed out, would be ham
pered by unfayorable publicity given the
Governor if the two were tried together.
The Judge overruled Smalrs motion
for a separate trial, but since Curtis
motion was granted the effect of sever
ance desired by the defense was OBJ
tanned. Governor Small, as soon as the
severance decision was granted, pleaded
mot guilty" to charges Of conspiracy
to embezzle State funds.
PLEA MADE
BY COUNSEL.
Although the Governor was in court,
the plea was made by Leforgee, Smalls
chief counsel
The defense holly denied it had broken
faith By asking for q separate trial for
the Governor. This imputation Lefor-
gee stated was made in the closing argu-
meut of Fred c. Mortimer, States at
torney Of Sangamon County, against the
defense's motion for separate trials. Lee
forgee launched into the defense's rebuff
tai arguments before Judge Claire Ed
wards, Lake County Circuit Court. This
was the final attempt of the defense to
convince the court that Governor Small
and Verne Curtis, Crank Park banker
and codefendant should not be tried to-
gether.
sxnThe State said its case would be in
ID if the Governor is tried separately. /"
said Leforgee If they can't prove a
conspiracy against the Governor alone,
they can't prove a conspiracy against
both"
Thomas Marshall. one of the prose-
cutors. interrupted at this point and said,
That's an unfair statement"
Unfair" shouted Leforgee, land that
come from Marshall too"
CITE CASE
OF STERLING.
They say severance would hurt their
ease" shouted Leforgee. why then
was Lieutenant Governor Sterling al
lowed q separate trial in Sangamon
County? He Is supposed to be the chief
conspiratOr. Did this ACKNOWLEDGMENT
hurt them any?'
The judges ruling came when Lefor-
gee, who addressed the court all morn
ing, asked Tor recess.
The judge said It was not necessary,
as he had reached his decision.
The judge then spoke as follows:
zone thing l re had in mind since this
hearing is whether the State would lose
any advantage It should have If sever
ance were granted. All circumstances
and evidence in a joint trial may be in
PRODUCED in separate trials
Il fail to see any disadvantage for tbs
State If the defendants are tried sep
arately. I agree that this IS an excep-
tional trial. 1 agree with Mr.. Wnker-
son that this trial viii be conducted
without reference to factionaI politics.
RIGHT TO
COMMENT ON CASE.
h Newspapers have a right to comment
49, this case Their business is to print
- truth. I am not inclined to grant
this motion because Len Small is Gov
Ternor of Illinois. That Is one Of the
prices men pay for holding public office.
He is also head of one Of the political
factions in Illinois, 1t viii be very diff
cult in the trial of this case to keep
those matters not pertaining to the case
out of the courtroom.
I'VE know there are opinions in this
county both favorable and unfavorable
to the Governor. The position Of this
man Curtis IS the thing I've had in mind
during this hearing. He Is a private
citizen. This court must see that he gets
fair and impartial trial He had moth
ing to do with the political questions
brought out in newspaper clippings
Therefore l grant Curtis motion and
override the Governors"