The Rock Island Argus and daily union. (Rock Island, Ill.) 1920-1923, 1922-06-20
STATE WINS
VICTORY IN
SMALL CASE
Judge Denies Defense
Motion to Kill
Evidence.

Waukegan. Ill, June 20. - tBy
the Associated Press.) - Judge
Claire c. Edwards this afternoon
denied the motion of Governor Len
Small that evidence regarding the
receipt of interest in the alleged
conspiracy from the Chicago pack
ers be stricken from the record. he
also denied the motion that eVl-
dence regarding the Grant PARK
bank be stricken out. He struck
out all evidence dealing with pur-
chase by Governor Small. Secretary
of State Louis L. Emmerson, and
the late Senator Edward c. Curtis,
Of an interest in the Ridgeley Ma
tional bank of Springfield because
the transaction was not mentioned
in the bill of particulars filed by
the state.
In all other particulars the de-
tense motion was denied, with the
exception OF the request that some
$50 state exhibits be barred. De-
cision on this point was reserved.
The opinion preserves in the rec
ord more than 1000 state exhibits
and all the testimony except that
involved in the Ridgeley deal.
Ths decision was regarded by the
prosecution as a distinct victory.
Waukegan, Ill, June 20.-(By the
Associated Press l. Arguments on
Governor Len Small's motion to
strike out all or part of the states
evidence against him, continued to-
day with Edward Pree. assistant
states attorney of Sangamon coun-
ty. representing the state. Mr..
Pree was followed by C. c. LeFor-
gee. chief counsel for the governor
Mr.. Pree told Judge Claire c. Ed
wards that the defense contention
that Governor Small could not have
been a party TO conspiracy TO de-
fraud himself, as state treasurer,
by false pretenses, is not borne out
by supreme court decisions, which
hold that a conspiracy may exist
even when its object is absolutely
impossible to attain
Saws State Owned Money.
DENYING the contention that Wer-
ner w. Schroeder of the defense,
that title to the money alleged TO
have been embezzled never was
vested in the state of Illinois, be-
cause the state auditor never issued
an order for its return to the treas
ury, Mr.. Pree said:
They argue that as far as the
interest money earned ON the $29,-
Oo0 600 of state money withdrawn
from the state depository in the
Fort Dearborn National bank from
April. 1917. to January, 1921, with
reference to the receipt or tnat
money by Small or Sterling with
out such auditors order the title OF
that money never was vested in the
state of Illinois, and that therefore
the charge of conspiracy is not
proved.
~Strange and Novel;.
1T would be strange and novel TO
us that a public officer who Is IN
strumental in having a certain sum
of money withdrawn from the state
treasury and given over to some
private Individual, as we say the
evidence in this case shows, permit
ting him to earn interest on that
money by its nvestment-and, as
we saw. the treasurer himself earn
ed interest on that particular sum
it would be strange and novel TO
us that merely because of the fact
of the receipt of the money by the
treasurer, or by f. c. Curtis or V.
s. Curtis, the agents, as we say, OF
Len Small and Fred E. Sterling,
that therefore the title in the in
terest money never was vested in
the state of Illinois, and therefore
no crime was committed.
Judge Edwards Agrees.
Can it be contended that where
money is due the state of Illinois
in the form of taxes, and the treas
urer receives that money into his
own private and physical posses
sion, that merely because the sec
ton of the statute is not complied
with. that therefore that is not the
money of the state of Illinois. and
that from that time on the title to
that money in the possession of the
state treasurer is not in the state
of Illinois?''
THE Westerf1eld case settles that
proposition so far as the title Is
concerned. and the ownership" ="