The Birmingham age-herald., 1922-03-07
TRIAL OF SMALL
 WILL NOT BEGIN
 UNTIL APRIL 3
Thirty-Day , Delay Granted With Understanding That No Further Postpone
 ment Will Be Asked
 By Associated Press

Waukegan, Iil., March 6.-The trial of Gov. Len Small, on charges of conspiracy to embezzle state funds, was postponed today until April 3.
 The governor asked 60 days delay on the ground that his presence here would interfere with letting of spring road building contracts. Judge Ed wards granted 30 days delay on the understanding that no more delays would be asked.
 Arguments for and against the governors motion for continuance were featured by an extensive dis eussion of the state road building pro- gram, the price of concrete, the abii- Aty of state department heads to carry on In the governors absence and sug- gestions by James II. Wilkerson. as- sistant attorney general of Illinois. that the defense was seeking to post pone the ease until after the April primaries.
 NFs WliktF6oH IHduE Auo to politics after Judge Edwards had refused a sixty-day delay and sug- gested either March 70 or April 10 for the trial, and C. C. Leforge, chief Of the governors lawyers, had approv- ed the latter date as the better of the two. The primary will be held April IL,
 A special venire of 50 jurymen had reported for duty today. Judge Ed
 4 l.. .t- kNoA asa4 heard the excuses of dozen or moro dairy farmers who pleaded that they were needed at home. They were ex- cused, few others dismissed for cause and then the first hitch devei oped.
 The governor and his attorneys had not arrived.
 Delayed On Road
 MT. Leforge had notified the court last night that he would arrive with his client at II a. m, but they were delayed on the road and did not reach Waukegan until 11:45. So the court was adjourned till 1;3o.
 Five minutes before that hour the governors attorneys handed copy of their motion asking for the two months delay to the attorneys for the state. The motion was accompanied by two affidayits.
 During the argument between the attorneys several tilts occurred, one coming when States Attorney Morti- mer, of Sangamon county called for the records of the Grant Park Bank and the First Trust and Savings Bank, Of Kankakee, the latter being the bank of which Governor Small Is president while the former Is owAt by Vernon Curt H. codefendantf It vas through Curtis al Grant bark that the state alleges Si0,o0a,00o of state funds were loaned to Chicago packers and large part of the interest money retained by the defendants.
 Mir Leforge declared that the offi- cers of the two banks were in court but that the books had not been brought here at this time because the language of the state subpoenas duces tecum was so broad as to require the presence of all the records, thus un- necessarily handioappinG them in their daily business.
 Following a heated wranEfe, it was finally agreed that the state should have access to the books at Kankakee and Grant Park and that they need not be brought here until needed.
 Vernon Curtis, who was confined to his home by quarantine when the governor was arraigned last month. was present in court today and enter ed his plea of not guilty. The state asked that his trial be held immedi- ately after that of the governors.