The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1922-03-06
DOCKET BEING
CLEARED; HUGE
SUMS INVOLVED
Illinois Governor Charged With
Irregularities While he was
State Treasurer
IN VIGOROUS DENIAL
Calls it a ''Frame-up" of Politi-
cal Opponents to Put Him
on Trial
ASKS PosTPoNEMEINr.

ASKS POSTPONEMENT.
Waukegan, ILL.,, March 6.-Gov-
ernor Small today asked 6O-day
postponement of his trial on
charges of conspiracy to embez-
zle state funds.
His trial was delayed today
| while Judge Claire Edwards heard
divorce case, impanelled a grand
jury and called the docket of the
March term Of court Fifty pros
! pective jurymen were on hand for
the first days examination and an
additional number will come to-
morrow. Judge Edwards an
nounced that each state and de-
fence will have 10 peremptory
challenges.
Waukegan, Ill.,, March 6.-Impanel-
ling of the Lake county grand jury and
clearing of the docket of several muir
der cases were the only items for the
attention of the court here today prior
to the opening of the trial Of Governor
Len Small on a charge of. conspiracy
to defraud the state through embez-
element of interest on public funds.
For the first time In the history Of
Illinois it's chief executive went on
trial during his term of Office in the
courthouse here today.
Not since the impeachment and re-
moval of William Sulzer from the
governprship of New York in 1913 has
the governor of any American state
faced charges SO serious or which
have attracted the widespread atten-
tion as those pending against Len
Small, twenty-eighth governor of H.
linois, and his fellow defendants,
Lieutenant4Governor Fred Sterling
and VerrIon Curtis, banker of Grant
Park, iii.
In Illinois 104 years of statehood
only two other governors have ever
been indicted while in office, and in
each of the previous cases the court
dismissed the charges without trial
because of their trivial nature.
To defraud State
Although Governor Small an d
'Messrs. Sterling and Curtis are charg-
ed jointly with conspiracy to defraud
the state through embezzlement Of
funds from the state, treasury during
the terms of Mr.. Small and Mr.. Cur
tis as state treasurer, only the gov-
ernor will go on trial here today. Mr..
Curtis, whose case was brought to
Lake county from SangamOn county
with that Of the governor, was grant
ed a separate trial by Judge Claire c.
Edwards, presiding in circuit court
here. Lieutenant-Governor Sterling
did not ask for change of venue and
his case is still pending in the Sang
anon county circuit court at Spring
field
Originally there were four indict-
ments against Messrs Small, Sterling
and Curtis, three of which involved
the governor, but only one-the con-
Spiracy case-remainS.
One indictment, charging the three
defendants with embezzling 100000
was quashed by Judge Edwards be-
cause of technical errors The court
also quashed several counts in. the
conspiracy indictment which remains
to be tried, and charge of operating
a confidence game. The judge then
ordered the governor to trial on an
AAulSLACAC CulDCLLAClllCAAt VI
100000 during his term as state
treasurer, but the state objected to
trying this case first. and when the
judge insisted C. Fred Mortimer.
states attorney of Sangamon county,
dismissed the indictment. rhs'tg>.
The fourth indictment, which was
never brought to Waukegan, charged
Mr. Sterling with embeZzling $70OO00.
Interest Charges at Stake
The conspiracy Indictment charges
the two former treasurefs with enter
ing into a conspiracy with Mr. Cur
It's to defraud the state out of large
sums due it as interest. Curtis own
ed the charter Of the Grant Park
Bank, a former private banking in
stitutiOn, which the state alleges "ab-
sOlutely ceased to- function as bank
after 19OS.' Grant Park is a town Of
600 population in Kankakee, a few
miles from Gov. Smalls home.
To this private bank, the state
claims, Mr.. Small and Mr. Curtis-the
former as state treasurer in 1918
and the latter in 19lJ-20-lent mil
lions of state funds with no other Sc
curity than Mr.. Curtis certificate o.
deposit. The money was then loaned
to four Chicago packing companies,
Armours, Swifts, Morris and the Gu
daily Packing company on short term
notes paying from five to eight per
cent interest, of which, it is claimed,
mot more than two per cent" was
turned into the state treasury.
The bill of particulars filed by the
state claims the total profits in the al.
legged conspiracy are unknown be-
cause Gov. Small carried away part of
the records of the treasurer's office
when his term expired and because
part of the, books of Swift and COM
pany have not yet been found" The
state charges the three defendants,
with the late Senator Edward Curtis,
| brother and business partner of Yer
non Curtis, kept $685., 900 of state
funds for their personal and private
property and the property of others
unknown" in addition to the sums of
interest retained.
Gov. Small and Lieut.-Gov. Sterling
kept two sets of books while in the
l