The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1922-04-24
TRIAL REALLY ON
Len SmaIPs Forces Say They
Are Ready This Time.
Prosecution on EmbezzIement
Charges is Started.
START OUERYIhG JURY PANEL
First Jurors Announce They
Are Preludieed in Case.
New Jury Panel of 100 Present
to Try the Governor.
(By the Associated Press.l


Waukesan. April 34.-GOvernor
Len Small went on trial before Judge
Claire c. Edwards in Lake county cir
cult court at 1928 o'clock this morn
ing charged with conspiracy to en-
bezzle state funds VITA the last pre-
hminary disposed of twelve men were
called Tor the box and selection OF a
jury TO try the governor who was in
dicted July 20 of last year got under
way. Each side was given six peremp-
tory challenges. &. Fred Mortimer.
states attorney for Sangamon county
in whose jurisdiction the indictment
was found, filed a list OF more Shan
ESQ witnesses with the court
Turning To q. C. Leforgee. chief OF
counsel for the defense Mr. Mortimer
said; Gentlemen. are We ready to
proceed" We are Mr.. Leforgee an
swered II was just I1:2S when Mr..
Mortimer started his statement to the
prospective jurors
He explained that Governor Small
Lieutenant Governor Sterling, the late
Senator Edward Curtis and Vernon
Curtis Grant Park banker. were
charged in the Indictment with con-
spring 20 cheat and defraud the state
OF Illinois OF a large sum Of money
Frank Kaskf OF WaukeEau, the first
talesman. questioned by Mr.. Mortimer.
said he had a fixed opinion Mr.. Nor
timer said he would be excused for
cause, and the court so ordered.
Herman Sinpola. the second man in
the box. said he had formed an Opin-
ion as a result OF reading the Chicago
Tribune ami Examiner ac-
counts Of the case.
Mr.. Mortimer excused Mr.. Sippola
for cause after he insisted his fixed
opinion would disqualify him for
service
Levi Wysocki OF Waukegan. said he
did not know what the case is about
and he does not understand the Eng
II n cd
Charles A. Sanburn. an insurance
agent. said he could not decide the
case because Of what he had read in
the newspapers.
Court House, Waukegan. Ill, April
24--An air OF uncertainty pervaded
this city. scene OF the trial OF Len
Small. Illinois governor, charged with
having conspired to embezzle state
funds. as the hour for calling of the
trial drew near today.
Few were willing to predict the
probable Developments OF the day.
Those who did venture such predlc-
tions were almost unanimous in belief
that the trial will again be delayed.
Counsel for defense and prosecution
wore silent when questioned as to
rat might be done. Both assert
B. adiness for action But such asser-
tons have been made before each of
the succeeding calls OF the case.
Those who are willing to venture a
base their beliefs on the fact that both
primaries and the state political con-
Nentions are now over. Both sides
they argue. are now free to &c ahead
with the trial without danger Of los
ing political prestige thru failure to
be on the ground during the elections,
and during the recent Republican
convention at Springfield.
\ new jury panel of 100 drawn
from the polling lists of Lake county
is here this morning. The panel was
drawn last week when both defense
and prosecution objected to the Hist
previously drawn on grounds that too
much time has elapsed since the
names of the prospective jurors were
made public to permit their services
on the jury
Defense and prosecution lawyers
are on hand Both assert readiness 10
open the trial, delayed last Monday to
permit the scrutinizing OF .he vast
amount OF technical evidence by both
sides TO the end of eliminating mat
deemed immaterial and thus make
possible the saving OF time in the trial.
Judge Claire c Edwards of circtlit
court before whom Small will face
trial only smiles when asked an opin-
ION on the question Of the likelihood
OF action