The Rock Island Argus and daily union. (Rock Island, Ill.) 1920-1923, 1922-01-31
FOR
CURTIS IS
SUSTAINED
Decision Has Effect Of
Putting Governor on
Trial First.


Associated Press Judge Claire
C. Edwards today granted the mo-
I ton for separation of the trials of
Governor Len Small and Vernon
! Curtis, Grant Park banker, charged
with conspiring to embezzle state
funds.
| The court overruled the motion
filed by the governor. and granted
similar motion filed in behalf Of
MIR. Curtis, the decision having the
effect of putting the governor on
| trial first
| Judge Edwards called for the
governors plea and Mr.. LeFOrgee,
| speaking for Mr.. Small, pleaded
mot guilty"
The state agreed to accept plea
| by counsel for Mr.. Curtis and Mr..
LeForgee offered the same, Mr..
| Curtis is confined to his home by
| quarantine.
Governor Small did not rise from
his seat at his awyer's table as
Mr.. LeForgee pleaded mot guilty
| for him.
Dramatic Climax.
| The granting of the motions and
arraignment of the governor came
/ as a dramatic climax to a morn
ing marked by heated clashes be-
tween attorneys. Mr.. LeForgee,
who had the floor, had asked for a
recess to consult further authori-
ties in support of his argument
when JudPh EhWaF FdS said.
81 have given this matter consid-
Grafton and l am satisfied l might
as well rule now as any time"
Date for the governors trial will
be set when court reconvenes at
1880. O'Clock AS he left the court
room Judge Edwards said;
81 am ready to go to trial tOmor-
row morning if the lawyers are. /
Ecan have a jury here then"
| The courts decision granting the
motion for severance touched on
the defense claim that the wide
spread publicity given the case be
cause of the governors prominence
had impaired the defendant >
chances of fair trial He was large
lily actuated in granting the Curtis
EmotiOn, the court said, by the neces-
sity of safe guarding MIR. Curtis
rights.
The thing I have had in mind all
during this argument, is the posi-
ton of Curtis" Judge Edwards said
He is a private citizen. entitl~s 10
fair and impartial trial. 1t is the
duty of this court to see he gets IL
ami to leave nothing undone to thai
end"
Regarding the matter of the pub
licity of the governors case, the
court said:
i Refers to Publicity.
| THAT is one of the prices he nust
pay for the position he occupies
Newspapers have the right to com
ment on a case of this character
They are in the business of furn-
ishing their readers the news, and
so long as they keep within the
truth they have 4 right to print
the news. That is the price the
+ governor must pay, and the court
is not unaware of the fact that
there has been publicity favorable
to the governor as well as publicity
unfaVOrable.
Il fully agree with Mr.. WilkersOu
who said this morning that this
case must be tried without regard
or reference to political facuouaI
fights in the state OF Illinois. The
court can not help but be aWaT
that there are such fights, but car
ignore them in the trial of this
action"
Raps "Immunity Plea"
Referring to the doctrine ad.
vanced by the governors lawyer
at the time of his indictment thai
he was immune from arrest under
the ancient doctrine that the kiul
can do no wrong" Judge Edward.
said:
That immunity plea was giveT
great publicity. prospective juror.
in this county took sides and form
ed opinions because of that plea.
am inclined to believe if any pre-
tudice was created it was as muci
because OF that plea as because o
the special findings of the Sauga
mon county grand jury"
States Attorney Mortimer asked
thee ourt to postpone the setting Of
thetrial date until Saturday.
Mr.. LeForgee said he would bt
willing 70 start the trial Monday anC
asked for an early date because ht
has other cases coming up il
March.
The court granted the states re
quest and will fix the trial date Sat.
urday morning at 10 O'Clock.
The pOstponement practically
precludes possibility of starting III,
trial before a week from next Mon