The Cordova daily times., 1922-02-01
SEPARATE TRIAL GRANTED GOV. j; SMALL /:

WAUKEGAN, H., Feb. 1.-Circuit Judge Edwards granted the motion for d separate trial of Governor Small and Vernon Curtis. a banker, charged with embezzlement of state funds. Both pleaded not guilty.
 Indictment of Governor Small, Lieut-Gov. Fred E. Sterling and Yer non Curtis, president of Grant Park, Ill.,, bank on July 20 last, charged with embezzlement, conspir- acy and confidence game through the use of state interest funds for their personal gain, precipitated po- litical drama without parallel in the history of the state.
 Four indictments were returned, the charges alleging fraud during the term of Governor Small, 1917-1919. and Lieut.-Gov. Sterling, 1919-1921, in the state treasurer's office.
 One indictment charged the three defendants jointly with embezzlement of $7O0,OOO. interest on state moneys. Governor Small was separately charged in another indictment with embezzlement of $50O.00O, while a third indictment with embezzlement of $5O0,0OO, while third indictment charges Sterling with embedding 100000. The fourth indictment charges Small, Sterling and Curtis jointly with conspiracy and operat- ing a confidence game involving s2,- 100000 of state funds.
 The alleged illegal operations of the trio centered around the deposit by Small and Sterling, when in the state treasurer's office, of sums ag- gregating $1O,O00,000 in the Grant Park Bank" at Grant Park, town of 600 population in Kankakee coun- ", a few miles from Governor Small's home
 The grand jury declared that this bank, a private institution. ceased to function in 1908 It was founded by Mr. Curtis father. former state senator. and the son inherited the charter
 The grand jury charges that the state received less than two per cent interest-although the law required minimum of that amount-on the S10.O00 O00 of state money. which, it Is claimed was deposited in the bank on certificates of deposit with out any collateral security The bank the grand jury says, loaned the money to Swift X Company and Ar mour & Company, Chicago packers, on short time notes which, it is claimed, paid seven to eight per cent interest The difference between the interest paid on the notes and the lnterest paid into the state treasury is the money at issue in the case,
 Return of the indictments on July 20 of this year was followed by a fight by the governor against arrest which did not end until August 3, when Sheriff Henry Mester, of Sang anon county, served the warrants at the executive mansion here and took the governor to the courthouse. where he gave $5O,OOO bail for his appearance in court. Sterling and Curtis submitted to arrest a few days after their indictment and were released on similar bonds.
 The governor, through his attor- neys, maintained that, as chief execu- tive of the state, he was immune from arrest during his term of of flee, but States Attorney Mortimer, of Sangamon county and State At 1orney General Edward Brundage, at whose instance the grand jury inves- Iigation was made, asserted that the governorship did not give it's holder immunity from arrest for acts al- legged to have been committed prior to his election.
 The governors attorneys, former IoFelHoI JoSeph w. rllel, JaHioo WI Graham and George R Gillespie. ap- peared before Judge E. s. Smith, as friends of the court, and argued for Smar's immunity. In their argu- ments they cited the ancient maxim of monarchies that the liking can slo no wrong"
 Jn an opinion overruling this con-