The Morgan County press. (Wartburg, Tenn.) 1916-1926, 1922-01-20
STATE DROPS
SMALL CHARGE
Illinois Governor to Be Tried for
Conspiracy, a Mis-
demeanor. I.
TRIAL SET FOR JANUARY 8
Charge Of EmbezzIement 10 Nolle
Pressed After Judge Edwards
Hears Arguments on Valid.
ity of indictments.


Waukegan, ILL.,, Dec. 31.-Gov. Leu
Small will be tried for conspiracy, a
misdemeanOr. The charge of embez-
zling state funds was nolle pressed
after Judge Clair G. Edwards heard
arguments on validity Of indictments
against the governor. January was
set as date for trial.
The indictments had been returned
by the Sangan1On county grand jury
at~Springtield. The case was brought
here on change of venue, the gov
ernor having commended he could not
get fair trial in Springfield.
Governor Small issued statement
denouncing States. Attorney Mortimer
1or Withdrawing the embezzlement
charge. He said he wanted TO go to
trial on that charge and be formally
acquitted by jury.
Judge Edwards ruled out the joint
embezzlement indictment against Gov
ernor Small, Verne 9. Curtis and Lieut..
Gov. Fred e. Sterling, knocked out
several counts in the conspiracy to
embezzle indictment and then ruled
that the single embezzlement in
dictment and the conspiracy indict-
ment against the governor were valid
and that he should go to trial on the
embezzlement charge. The governors
attorneys announced they were ready
to go to trial Immediately.
States Attorney Mortimer and
James HI. Wilkerson, representing At
torney General Brundage, objected.
They insisted they had the right to
say which Indictment should be used
and demanded that the governor be
tried on the conspiracy indictment and
not the elnbezzlement charge, which
accused the governor Of appropriating
to his own use funds Of the state.
Attorneys for. the governor argued
his right to GO to trial on the embez-
element charge and to present his side
to the people Of the state. They
pointed out also the conspiracy charge
on which the state sought to rest its
case against the governor was only u
misdemeanor, whereas the embezzle-
ment charge was felony.
Attorneys for the state held Sc
cret conference after Judge Edwards
ruled the governor should be placed
on trial for embezzlement.
At the end Of the conference States
Attorney Mortimer electrified the
courtroom by offering motion to
nolle pross the embezzlement charge.
Attorney Wilkerson, on behalf of the
attorney general Of the state, in
formed the court he concurred.
The governors attorneys resisted
this movement as strenuously as they
did the attempt to bring the governor
to trial first on the conspiracy charge.
Judge Edwards ruled, however, that
he was powerlesS to insist on the en-
bezzlement Indictment being sus-
tanned with both the states attorney
and the attorney general asking that
it be withdrawn. He announced he
would therefore grant the motion of
the state to wipe out the embezzle-
ment charge.
This left only the conspiracy charge
pending against the governor, and
Judge Edwards set the trial for Janu-
airy 9. Meanwhile the states counsel
will furnish bill of particulars to
which attorneys for the governor will
make answer In open court on Janu-
airy 8.
The governor Immediately dictated
his statement to the people of the
state denouncing the Sangamon coun-
ty officials, the states attorney and
the attorney generals associates for
having indicted him on charge Of
stealing public money and then, after
this charge had been spread broadcast
over the state for six months, to come
into open court and ask that the
charge be withdrawn.