Free trader-journal and Ottawa fair dealer. (Ottawa, Ill.) 1920-1927, 1922-06-20
JUDGE EDWARDS
RULES AGAINST
GOVERNORS COUP
Waukegan, June 2O.-Judge Edwards this
afternoon denied the motion of Governor 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 evidence regarding the Grant
Park bank be stricken out.
He struck out all evidence dealing
with purchase by Governor Small.
Secretary of State Emmerson and
the late Senator Curtis, of an inter
est in the Ridgely National Bank. Of
Springfield, because the transaction
was not mentioned in the bill of
particulars filed by the state.
In all other particulars the de-
fense's motion was denied, with the
exception Of the request that some
25O state exhibits be barred. Deci-
sion on this point was reserved.
Demand Curtis be Tried.
The decision preserves in the rec
ord more than 1000 state exhibits
and all the testimony except that
involved in the Ridgely deal The
decision was regarded by the prose-
cution as a distinct victory. States
attorney Mortimer said he will ask
the court at the conclusion of the
Small trial, and regardless of it's out
come to set the case of Vernon Cur
tis for immediate trial.
Judge Edwards told newspapermen
If the motion is made he will have
to decline to try Mr. Curtis this
year, as his docket is overcrowded
The lawyers disagreed over the
division of the arguments to the
| jury. The defense wants to lump
the arguments for each side, while
the prosecution asks to alternate,
first the state and then the defense
and so on until the four attorneys
for the state and three for the de-
fense have spoken. Judge Edwards
will decide the issue tomorrow.
Arguments Open Today.
Waukegan, Ill.,, June 20--Argu-
ments on Governor Smalrs motion to
strike out all or part of the states
evidence against him continued today.
with Assistant States Attorney Pree
of Sangamon county representing tho
state. Mr., Pree was followed by c.
&C.. LIE Forgee, chief Of counsel for the
governor
Mr. Pree told Judge Edwards that
the defense's contention that Cover
nor Small could not have been a
party to a conspiracy to defraud him
self as state treasurer by false pre-
lenses, Is borne out by supreme court
decisions, which hold that a conspir-
acN may exist even when its object
IS absolutely impossible to attain.
can 1t be contended, Mr.. Pree
Sald, 'that Where money Is due the
state OF Illinois III the form OF taxes
ana the treasurer receives that
money inlo ms own private ana
phSHica poSSeSsIoH' HleIely because
thai Src'loh ol tHe statute IS hot
coi'pI'ou VIII" 'na, ''eFeiore Lnat 10
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