CMPLD Local History Collection

Libertyville Independent, 31 Jul 1924, p. 1

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4e VOLUME XXXII--NUMBER 31. GOVERNOR SMALL ON STAND; DENIES ALL THE CHARGES Proves He Deposited Funds in Private Bank to Protect State Money. Seeking | political capital in the approaching gpbernatorial campaign, the governor's enemies boldly have asserted that he would not dare to take the witness stand. Villifying charges against the executive have been broadcasted throughout the state In making a complete refutation of these statements Gov. Smaill to-- day pointed out that he conducted the affairs of the office in an hon-- est, straightforward manner and has absolutely nothing-- to conceal. He was actuated solely by a desire to preserve the interests of the com-- monwealth, and subsequent develop ments showed the wisdom of -- his judgment Safeguarded State® Funds é Unruffied by the> rapid--fire objec tions hurled by the pmuon at every stage of his tes in an effort to exclude important evidence which caused the foundation of the state's case to crumble, the govern-- or told how carefully he had proceed-- ed to safeguard the state's money during the time he actgd as state treasurer, 1917--18. He declared that when be first was elected state treasurer bhe went to big national and state banks and asked if they would give collateral or an indemnifying bond for state tnntz' which he purposed to deposit. wWithout exception they refused. His attorney advised him, he said, that any collateral or indemnifying bond in such a case would not avail, as in case of a crash the preferred creditors would be taken care of first. He was advised that a private bank could give the desired collateral or bond. & Then he went to Edwin C. Curtis of the Grant Park bank, he testified and made arrangements to aleposit state funds, receiving ample collat-- eral. ' Governor Len Smail exploded a bombshell in the ranks of his political enemiles and the prose-- cution Tuesday at Springfield, as he took the witness stand before the Master in Chancery in the civil suit that has been brought against him, and entered a point-- blank denial to the charges that he received --any --remuneration, pecuriary® or ~otherwise, from state funds deposited-- during his tenure of office as state treas This collateral he deposited in safe deposit vaults at Kankakee and Chi-- cago. As a still further precaution, and to doubly safeguard the state money Mr. Small took out a $2,000,-- 000 insurance policy on the collat-- eral, so that if it was stolen the state still woul" be amply protected. ~~~~_ Saves State $1,000,000 'The gowernor also related on in-- stance where he saved the state $1,000,000. . When he took office he found that $1,000,000 of state funds was on deposit with the John R. Walsh Nationa' Bank in, Chicago. Because he could not obtain collat-- eral or an indemnifying bond he withdrew all state money from the bank. -- In response to a question from his «counsel, Attorney Schroeder, the governor went into details of his life,, showing how he has been suc-- ces'ful in the many activities in which he has taken part, and prov-- ing that he deserved the confidence of the public that was reposed in him. The following dispatch from Spring-- field gives important developments of the hearing Tuesday: His clear--sighted judgment was re-- vealed a short time later when the bank crashed. ' SpringfNield, I!1., July 29.--Governor Len Smail came to the witness stand here today in the ancient $2,000,000 interest suit pending before Master in Chancery Charles G. Briggle and made & sweeping and detailed denial to the charges against him. This, the governor's first appear-- ance on the stand in the three years' battle in civil and criminal courts, came as a surprise to the forces of the prosecution, and a crowd speedily filled the court room, the same court room into which the criminal indict-- ments were returned by the Sanga-- mon grand jury three years ago this month. Assistant Attorney Genecrals Bonrd,l Hadley, Campbell and Britten, rep--;| resenting an office which has fre-- quently commented on the fact thot' the govermor has never taken the stand and subjected himself to cross examination, interposed _ numerous . and fignked objections to the gov-- ; ernor's testimony, objections which were overruled by Master Briggle, | who, incidentally, is chairman of the Sangamon county Republican com--. mittee. .| The case assumes vast political Importance. from the fact that the person owing the state money would be incligible to the office of govetr. LIBERTYVILLE INDEPENDENT -- LAKE COUNTY INDEPENDENT Gov. Len Small Springé a Surprise in the Ranks of Political Enemies When He Takes Witness Stand in Civil Suit for Accounting:; Denies All Charmes. nor, 'and yb August 8, under court instructions, Master Brigzte must re port to the circuit court of this coun-- ty his conclusion as to whether or not, im his view, after reviewing the evidence submitted in this civil case, tfie governor owes the commonweaith of li}inois interest money. Governor _ Len Smail, Republican nominee for re--election to the gover-- norship of Illinois, was perhaps the most important witness for the de-- fense. > After brief rebuttal the master will prepare his report and conclustons. Following are important questions and answers verbatim: Mr. Schroeder: Q--What is your name, please. A--Len Smgll. Q--Where do you live, Mr. Small? A--I think my legal residence is Kankakee and my official address is Springfield. Q@--Did you ues or auring the time you were state treasurer in 1917 or 1918 enter into a conspiracy with Edward C. Curtis and VeVrnon S. Curtis, or either one of them, where-- by state moneys or state funds were to 'be used for your own use and gain"? A--I did not. Q--Did you during the time you were state treasurer in 1917 and 1918 retain interest money which had been earned or which might have been earned upon moneys of the office in 1917 and 1918, or thereaiter, Q--Did you during the term of your state of Illinois?* A--I did not. directly or indirectly receive from Edward C. Curtis or Vernon 8. Curtis, or either one of them, any, profit or gain whic might have been made--on public' moneys in the state treasury while you were st te treasurer? A-- I did not. y Q--Did you, before or during or after your term of office in 1917, re-- ceive from Edward C. Curtis or Ver-- non S. Curtis, or either of them, for the Grand Park bank, part or all of the profts which may have been znde upon deposits made by you, it ny, in the Grant Park bank* Mr. Campbell: Objected. Passed over Mr. Schroeder: _ Q--You have fully accounted for and paid into the state treasury all interest collected and received by y8u as state treasurer" A--I have ac-- counted for every cent received. Q--Will you state and relate to the court your first business enterpris? , Mr. Campbll: Objctd to as bing wholly immaterial, incompetent and irrelevant. Objection rejected. A----My first business enter prise was in connection with @iny father, Dr. A. 0. Smail, who was in the nur-- sery, garden and forest business. He fAmade me a partner in the retail branches of the business. --i};--'biémr then told of stock raising, dairy, pleplant, fruit raising and other activities of his. _ A--No, I did not DENIES INTEREST CHARGES or Guring the rc2] esiate and eiecu.c railroad pro-- motion, which accounts for much of the governor's present day holdings. Followirg is the witness stand nar-- rati~> ~o'% this Smmall--Curtis--Shentz promotion : s Q--Out...e ol your farming enter-- Q--Out.. .e of your farming enter-- prises, di.l. you emgage in any ~real estate lines in connection with the lu.s or .4..us? A--Yes, sir. In about i1900 or 1901 Theodore Snontz, who was the president of the Three Eye railroad--the railroad owned a large tract of land west ef Kankakee along its -- track--employed promoters and. started a movement to build a fac-- tory town. *z Public ~meetings were . held, ar-- ringements were made to secure fac tories and fin2lly the time came when somebody. or som perlzn had to be respon ble and purchase the land and be responsible' for its payment, and Sen..o. Edward C. ('urtis._l-'ra- LIBERTYVILLE, LAKE COUNTY, ILLINOIS, THURSDAY, JULY 31, zer. a representative of the Three Fy~ railroad and myself were made a cormmitte_ and purchased oe&efll hundred _acres . of land, «subdivided them nm( loratedzfactories. We 00-- BF4 4t Q_--Where was this SUDGITD!!! located? -- * A--Directvy west . of Kankakee along the railroad. Q--Where with reference to your own residence? A--It 'v;-a-;"on two sides of my lands, south and weet and partly east. L t C wBO4a ®o Neg o ME eE MRA Ts Dob s subdivision nppro_x_imate)y in acres? A----Probably th®ee or four hun-- dred acres. Q--:\i"hv;lnt changes were there in in this enterprise as time went on, if any* &C. _0 Mr. Campbell: Objected as wholly immaterial. -- A--We had not much more than gotten started and located the fac-- tories When Mr. Shoniz sold his in-- terest in the Thre Eye Railroad to the Illinois Central interests and be-- came interested in the Cover Leaf Railroad. The new purchases did not seem to care enough about building up the factory town, and wished to withdraw from the syndi-- cate and the three remaining mem-- bers purchased their interest. Q--'Aabout when wias that?" . A--About 1902 or 1903. x Q--During that time, in whose name was the title and in whose name was this business carried on? A----All the property was in my name. 1 made all titles paid out all money that was paid out. About 1906 I bought Edward C. Curtis' Interes«ts, and perhaps five or @ix years later Mr. William Fraser died and I bought his interests from the estate. P Q. During what years did this sale of lots continue? h A. -- It continued more ' especially from perhaps 1902 to the timel was elected governot in 1920 or 1921 I took ofice. Haven't sold any since. Q. What was done by the persons int@rested in this subdivision with referencéa to trangportation, if any-- thing? » A. We organized an electric rail What was the extent of this Entered at the Postoffice at Libertyville, Ilinols, as Second Class Mail Matter. this subdivision Grculation Greater than other Weekiies in County Combined Lake County's Big Weekly _ WAUKEGAN WEEKLY SUN -- 140 BARRELS OF BEER ARE POURED INTO SEWERS The second scene of the great pro-- hibition drama entitled, "Mr. Vol-- stead, Have a Heart," was played Tues day by Sheriff Edwin Ahistrom and nis all--star cast. The scene was laid along the highways of Lake county and was staged at the west entrance to the court house. Sheriff Ahistrom 'and Deputies Destroy Second Seizure of Runners Supply. Deputy Sheriff D. A. Weale walked into the limelight, wavinge his arms in wild, --wide --circles.----Presto!-- It was the Open Sesame to the Cave of Beer, lbading to the basement of the county building, by a dark passage way. The audience wept and layghed. Supervisor Fred Kirschner of Bar-- rington, occupying a seat in the bald headed row, wiped away several over-- sized tears. Justice Louis K. Ek-- strand appeared sad, but suppressed his emotions. Rep. Wm. F. Weiss also mainiained a painful s{'ence. Bheriff Ahistrom, producer o the. play, gazed upon his c'wn plot with apparent satisfaction, seeming pleas-- ed with the manner, in which the actors played thcir parts. Deputy Harry Ahbilstrom, armed with a gat, rolled the barrels. rracefully to the edge of the cidewalk, where their gurgling caused many x _2u@.or in the audience. -- A moment later a barrel of ice cold beer was hoisted out of the ground. It was seized by brawny stage hands, who rolled it into Utica street. _ An ex--saloonkeeper, doing time in the county jail, sledge and chisel in hand, was the official bung starter . Barrel after barrel, 140 of them, were knocked in the head. The street became a sea of foam. The performance is to be reveated in case the beer runners will come across the border with another Tot of contraband. The barrels are to be Springfield, II1., °. July 25.--Illinois' road paving work is now approxrimate-- y 70 miles ahead of last year, accord-- ing to road building figures announc-- ed by the state dlv?slon of highways. To date 450.54 miles of pavement have been completed this year while at the same date last year the total complet-- ed mileage was in the neighborhood pf 380 miles. escam Cl 4 sold. State Highway Departments -- Complete 450,54 Miles of Hard Road This Year. STATE ROAD WORK 18 70 MILES AHEAD | OF LAST YEAR During the past week 51.87 miles of concrete was laid, a new high mark for 1924. A new year's record for t}le daily run of one mixer was also es-- tablished during the week when the contractor working on route 2 between Decatur and Pana complete 1,619 feet of standard 18 foot pavement in one day. This record, bowever, is consid-- erably below the world's record estab-- lished d4ast year when 3,017 feet of pavement were laid in one day by one mixer. During the week there were em-- ployed directly on road construction 10 500 men and 2,950 teams. One hun-- dred ten concrete mixers were at work in the state. road company known as the Kanka-- kee and Southwestern, and construct-- ed a railroad conmecting with the Kankacke Electric railroad system out to the factories west of Kanka-- kee, about seven thousand feet, the finest railroad in the state. I was president of that company. _ Q. Where did that railroad run from? _ A. It ran from Court street and fifth ave. Kankakee to the Domestic sewing Machine factory. n 0 Q. And what is the name of this subdivision ? A. West Kankakee. The evident purpose of the rail-- road factory town building story was to show in substantial part where Len Small got his money, he being rated as a millionaire when he was elected governor. The governor then told of his vari-- ous connections, with farming and horticultural organizations, and stat-- ed that for thirty--fAiv eor forty years he has been an officer of the Kan-- Kkakee district fair. Then Assistant Attorpey General Hadley said: "If coun:s : fAnished his line of interrogauon v;(h reference to vari-- ous borticulturRl or agricultural ac-- tivities of the witness, 1 would like to make a motion to strike out all that testimony as incompetent, ir-- relevant and jmmaterial not tenuing to prove or disprove any of the ele ments in this cause." | ."I was tired of working for the other fellow. I wanted to get into business for myself." <In these words 0. G. Bor-- |ton, of Scotland, 8. D., telts why he |left a good job and went to raising 'bees. They tell why he gave up a po-- sition as travelling salesman for a big grath separator company, and located {near' a town of little more than 1,000 _population. | He sold an old car and bought nine-- |teen colonies of bees. Then he caught four stray swarms, and with what cap-- lital he got through the first year he ac-- cumulated a surplus large enough to . buy equipment needed for the success-- 'ful management of the business. IBig Men in Small Towns 1924 "The demand for honey isn't halt taken care of, %onetonrth devel-- oped," he says. ere ought to be several times as much honey produced as we now find available for market. If grocers could be sure of a steady supply, they would advertise it, and the demand would shoot up. That would mean better prites for ul_ gl us. It has not all been an easy job since that time. He has encountered all the difficulties that beset anybm who goes into a new business in ch he has had no experience. As a result he recommends bthers to learn at the ex-- pense of a successful bee keeper. And here is the surprising thing about the advice he gives:> He wants other young men who--are in the same fix that he wi@s in back a few years ago to enter the same business. Afraid Oof competition? "No." h s RE He has studied bees--lived with the bees--and thought of bees most of the time for the past few years. '"The work is fascinating," he declares, "and makes for a natural life, better health, and co;t.oa;--v-r;{lr a _f)éfinuent. resi-- dence in a nice little community where you can have many _trlonds. and plenty of time to enjoy life." SUPERVISOR KELLY BACK FROM MO. Supervisor J. J. Kelly, of Lake Forest, has returned from Marcel-- | line, Mo., where he went to brlng' back his children, Helen, Loretta and James, who spent five weeks visiting relatives there. _ Supervisor Kelly. who is a member of the road and bridge committee, and whose nair is turning gray worrying avout ontain-- ing right of way: for roads in Lake county, says the road officials at Mar-- celline have no such grief. A new transcontinental highway is being constructed through the county in which Marcelline is located and the land owners are throwing their hatsa in the air for joy. They are signing releases to property for right of way right gleefully. One man has a large house directly in line with the pro-- posed highway, and he agreed ~to )move it at his own expense in order that he might live on a real highway If something like that were to hap-- pen in Lake county the road officials would drop dead with astonishment, SHERIFFS AUTO _ MAKES KILLING The first killing to be credited to | the sheriff's auto came Thnruda_v! when Deputy Del Weale struck a dog on his way to Diamond' Lake.t breaking its leg. A young man neat | the scene bicked up the dog, which | reaponded by nipping him in the' hand. The deputy killed the anlrmu' at the request of the owner, a Chi-- cagoan. The purp ran in «1nder the wheel. The deputy was on his way to Eigin with Lovie Arington of North Chicago, a colored woman who contributed excitement to the court-- house during her sanity bhearing. Side by side sit these two heart--Droken Id'M@T T--~ Nathan F. Leopold Sr--in Chief Justice John R: C go. as the defonse fights to save Nathan Leopold confessed slavers of Franks son, Robert. from t they have undergone is plainly evident on the face between them is a newspaper reporter, in constant M tion with his offic«. Two Heart--Broken Fathers -- 20 lt 2 e e e LR heart--broken fathers--Jacob Franks (left) and Chief Justice John R: Caverly's court in Chica-- ) save Nathan Leopold Jr. and Richard Loeb, s son,. Robert. from the gallowsg. The strain inly evident on the faces of both 'The man in er reporter. in constant telephonic enmmunica« MRS. KROLL MUST SERVE JAIL TERM -- SAYS APP: COURT Mrs. A'oné§ Kroll of Jackson and 14th Street Loses Her Appez.i in Booze Case. Mrs. Agnes Kroll, Jackson and Fourtcenth . .streets, -- North-- Chicago, must serve her 90 days' imprisonment in the Lake county jail for selling booze back in the spring of 1923. The appellate court at its session last week affirmed the decision of the Lake county court in whitch Mrs, Kroll was found guilty of selling The appellate court at its session last week affirmed the decision of the Lake county court in whitch Mrs, Kroll was found guilty of selling booze contrary to law, and Judge Persons' impbosed a sentence of 90 days in jail and a $200 fine. but her. attorney, E. V.:Orvis, filed an Appeal and the case has been pendifig since, with defeat as the finale,© a% was g@nerally expected. The" higher court has now given its decision, and that means that--as soon as States Attorney Smith receives & mandate from the county court he will give the necessary papers to Sheriff Ahlstrom, who in turn will take Mrs .Kroll up to his well equip-- ped jail and keep her there for a period of 90 days. She also in turn must pay $200 and costs. The jury which heard the case on April 10, 1923, found that the evi-- dence presented by States Attorney Smith was sufficient --to find Mrs. Kroll guilty. Accordingly, Judge Per-- sons --imposed the severe sentence, The entrance of Mrs. Kroll into the county jail to serve her séntence for selling booze will mark the second case of 'the kind where a woman g0€68 to jail for violating the prohibition act. The first case was that of Mrs. Pevilli of Highwood, who was given a jail term of 90 days and who ap-- pealed her case to the appellate court. As in the Kroll 'case, the appellate court affirmed the decision ;f'ff:--; -Eofiiity court, and following that action Mrs. Pavilli went to jail and scrved her term. ' -- The affirmation of these two county court cases by the appellate court. in which' the defendants were women, shows that the higher court is no respscter of sex in rendering its de-- -c'l;t:m"'o'n _.the matter of violations of the prohibition act. DADY--DECKER SELL FARM FOR $47,000 Atty. Raiph J. Dady and Judge Mar-- in C. Decker of Waukegan Tuesday transfered title of a large farm locat-- ed on the--Waukegan--Antioch farm, at the Gurnee bridge, to two , Chicago men, M. 8. Stern and Emil Reiner The farm consists of 160 acres in dne piece, and also a parcel which liee north of the Waukegan«--Antioch road. _ _The consideration is given at $10 but the revenue stamps affixed to the deed would indicate that the price paid was $47,000 MANY ARE NABBED BY SPONGE SQUAD Members of the aponge squad, tak-- ing advantage of the sunalfne, "magde hay" over the week--end. ey ar-- rested Mike Orlandt: of Wighwood, Tony Cottne of Racine and 'John Sat-- ort of Waukegan. They wire takon on charges of vioiating the prohibit-- ory law, and the sheriftf's office nab bed Chris Dyrebye of Silver Lake, on' a aimilar charge. 2 DROWNINGS MAR SUNDAY BATHING . IN COUNTY LAKES $1.50 A YEAR IN ADVANCE Boosts Death Toll to & One Body in Hastings m Not Recovered. The death toll from drownings in the county reached eight Bnu':z when the waters of Hasting claimed a youthful Chicagoar Rogers WiQViams beach, H-N:: Park. took its second death. ---- _ _ ARNOLD MORTENSON, aged 2% years, of 14 E. 53ra strapt, Chicago, was the seventh victim of the y He went down in Hasting lake fi in the afternoon when nis boat ed away from him. -- Hig --body w been recovered. ' CARL AXEL ANDERSON, 30, 2 construction worker, became the eighth victim for the county and the second for Highland Park when he went down with cramps Sunday eve ning at 7 o'clock. His body was re covered 15 minutes later. a Anderson, who had been employed by the Anglohart company putting in sewers at Highland Park,. had gone to a point about one half mile south of Rogers Williams beach for a swim. He had been in the water but a few moments when bathers noted he was in distress. They stated to his aid, but his body disappeared beneath the waters. He was brought up dead 15 minutes later. ; § Mortenson had gone to Hastings Lake Saturday evening to spend Sun-- day. He was not connected with the Y. M. C. A. camp but stayed at a Cot= tage about a block from the camp; About 1 o'clock Sunday afternoon be went swimming and was diving from a boat. The boat drifted away and Mortensen -- apparently © was | seized with cramps, because he was a good swimmer and could bave reached & pier nearby; --He may also--have be come entangled. in dense lake weeds. The water is/ 16 feet deep at that }polnt. . The bo: f Mortensen recov-- ered "just® gef?n noon uom"". m tary King being in charge of work of dragging the lake. It was lo-- cated in--16 feet of water. Mortensen went down the third time before persons in charge of the "Y" camp could reach the scene, Chief Deputy Sheriff Lester Tiffany and Justices H. C. Coulson and Har-- ry Hoyt went to the lake with grap-- pling hooks and they dragged the wa-- ters for several hours but were un-- able to locate the body. _ .-- . _ ... WILL GOURLEYIS _ _ KILLED IN COLO. _ Mortensen was unmarried and was employed . at the Library Butreau, Monroe. and Michigan Boulevard, Chicago. His father lives at Moline. The body of Mortensen was recow-- Word has been received here of the death in Colorado of Will--Gour. ley, Jr., aged 18, son of Mr. and Mrs. William Gourley of ~London, England. Dispatches assert that he was iklled but do not say how he met death. He was attending the Colorado school of mines. The father of the victim is the London agent for the American Express company. The Gourleys are _re-- lated to the Gourleys of Lake For-- est and also the Whytes of Wauke gan. ORDER 140 BBLS. BEER DESTROYED An order was entered in circuit court Monday, upon . application . of States Attorney Smith, authorizsing Sheriff Ablstrom to destroy 140 bar rels of beer which wdre seized in a number of trucks being driven thra Lake county last week by Wisconsin-- Chicago runners. < Three of the beer rinners, Chris Flatten, Peter and Marris Madeson, were from Racine, and Joseph Miller, Frank Anderson, Frank O'Connell, Joe Martin werse from Chicago. All paid fines in jus tice court. ; + t The beer is to be poured into the sewer this afternoon or Tuesday. _ PUBLIC SERVICE: . _ SEEKS EXTENSION The Public Service com of Northern Iilinols Aled a "flw A the lllinois Commerce Commission A Springfield Thursday asking for a cal tiflcate of convenience and, necessH to extend its. electric tranamisslon aystem to serve Spencer. Highlands in Lake county, 'This is another ate by the corporation to include mor territory in Lake county in ,'\f vice aupplied from the big er® plant in Waukegan, 4 ,,"l pletion of the local nt there locality, particularly in Lake t dn w 6

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