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; Small Refuses t?o Be Arrested: Pleads Office Hold? If He Surrenders and Gives Bond fife Would Be Giving Dp Constitutional Rights as the Governor Case To Be Argued To-day Foes Say Enibez-?ement, Conspiracy Charges Will - Be in Forre End of Term Special Dispatch to The Tribune SPRINGFIELD, III., July 21?Gov ? l?nor Len Small refused to submit to ?irre/t to-day on warrants issued, fol , fW-ing the return yesterday of three {-dietments by the Sangamon County ?'.rand jury, charging him with cm* ?ezzlement of state funds And con? spiracy. Arguments on the Governor's constitutional right in the matter will be heard to-morrow morning, according ,,uto an announcement this afternoon in "Judge Smith's court. An opinion upon which Governor Small based his action, with precedent set by Governors Altgeld and Tanner, who refused to submit to arrest follow? ing indictments on charges which died with the indictments, was prepared and "signed by Attorneys George B. Gil fTlespie, of Springneid; Joseph W. Fifer, of Bloomington, former Governor of Illinois, and James M. Graham, former Representative from this district. Mr. Graham appeared in court with the opinion and announced the decision of the Governor to abide by the advice of his attorneys. The attorneys take the position that Governor Small cannot be arrested while Governor, and that if he sur T'renders and gives bond it will he a "?^--iurrender of his rights and will estab ' Hah a precedent. Warrants Continue In Force This leaves a tactical victory for the "state, for the warrants still stand against Governor Small. It is asserted that should the court rule in favor of the position taken by counsel for Gov? ernor Small the Indictments would still .stand against him and would be in ?force when his term of office expires. The standing of proposed civil suits against Governor Small, will not be affected, it is said. The position taken by Governor Small and his attorneys 'i.f considered an unwise one by some lawyers and politicians here. It is be? lie*? ed it will be constructed by the peo? ple as an attempt to avoid trial, which is contrary to former statements said to have been made by Governor Small -to the effect that if he were indicted *-? he would demand an immediate trial. Lieutenant Governor Sterling an "'"nounced in Rockford to-day that he i would be here to-morrow to arrange ?si" .for his bonds on the three indictments. ** Judge Smith reduced the bond of Verne E. Curtis to $50,000. When the indictments were returned yesterday the bond was fixed by the court at $50,000 on each indictment. The order of the court to-day permits the $50,000 bond to stand for both indict {,-jro.ents against Curtis. Ernest Curtis, a ? - Irother, and Mrs. E. B. Griffin, a sister, ,/r both from Grant Park, signed the bond ?. for Curtis. Four Indictments Returned >. Four indictments were returned. They covered charges of fraud by the three men during the terms of Small and Sterling in the State Treasurer's ^office, between 1917 and 1921. ' *? The first indictment charged the T Governor, Lieutenant Governor an?l Curtis jointly- with embezzlement of *" $700,000. A separate indictment against - Small charged him with embezzlement ??? of $500,000, while Lieutenant Governor ' Sterling was individually charged with ?i embezellement of $700,000. The fourth Indictment charges the three with con ? spiracy and confidence game, involving * $2,000,000 interest on state funds. The indicted men are accussed of -"-??having appropriated to their own uses the $2,000,000 mentioned in the indict ?**>ments?interest money earned by the State Treasurer's office on state money **f..lent during the terms of Small and . Sterling as state treasurers. The Grant Park "paper" bank, -which was owned .'?by Curtis and a brother, features in hi several counts, although other acts are ?.also charged. There is considerable discussion to? day as to just what would happen if Small and Sterling were convicted. It was pointed out that ouster proceed? ings probably would be the natural course, as the constitution of Illinois "'declares that no person who owes the ?t?te money is eligible to hold a state office. - Probable Successor Discussed ___ The next Governor of Illinois, should ""both Governor Small and Lieutenant Governor Sterling be ousted, will be one of three men; wl\ich one opinions of lawyers differ. The Supreme Court of the state probably would have to decide finally who would become Gov - ernor if the present Governor and " Lieutenant Governor lose out. Pre? ponderance of legal authorities favors the belief that State Senator Williar ..S. Jewell, of Lewistown, would succeed m to the Governorship through promotion from his ptesent post of President pro tempore of the state Senate. Others hold that former Governor Frank O. *? Lowdcn would be entitled to resume his ^*old place as head of the state gov? ernment on the ground that a successor had never qualified for the office. There are not a few lawyers who assert that James Hamilton Lewis, the Democratic *?* candidate for Governor last fall, would I stand next in lino for the Governorship. I However, f) lends Of former Governor i Lowden ?nil former Senator Lewis dt> ; dared to-day their belief that neither would make any effort* t?i obtain the Governorship by inheritance. Some SHY? that neither would accept the post. It is believed that Senator Jewel! would be the sole heir If Governor Small and Lieutenant Governor Sterling are forced to relinquish their official positions. ? .? ? Hotel Suicide Leaves $20 to Pay for Room Clerk Who Came Here From Dallas, Tex., Goes to the MeAlpin to End His Life William F. Easton, thirty-five years old, i* clerk, formerly of Dallas, Tex , committed suicide in the Hotel MeAb pin yesterday by shooting himself in the right temple. His wife, Mrs. Marion Easton. 2060 ' Elmoro Place Br?oklyj*w refused to talk after identi? fying the body. According to House Detective Denis ton, of the MeAlpin, Ersten entered tin hotel at 11 o'clock Wednesday night. There was nothing unusual in his ac? tions. Failure on the part of the, maid to receive a response to repeated knock ings yesterday afternoon led to an en? forced entrance of the" room. Easton was found on the floor dend, clothed with the exception of his coat. On a dresser were a $20 bill and a note addressed to his wife, asking her to pay for his room. The bed had not been disturbed. Mrs. Easton admitted she had seen her husband Wednesday night, but de? clined to sav anything further. Carl Winterbottom, 620 Sixth Ave? nue, took charge of the body. ? ' The Stage Door "Sonny," OeorRe V. Hobnrt's play with melodies by Raymond Huhbell. which the Selwyns will present at tho Cort Theater Austin". 15. wall have a preliminary open? ing In Stamford, Conn., on July 23. Dur? ing the ?St?imford engagement the rntir,* company will be the guests of Emma Dunn, tho featured member of the cast. Josephine Victor is booked for Proctor's Mount Vernon Theater during; the we-ok of August 14. Bird "Millman, who will be seen In tho "Greenwich Village FolHes of 1921," has had an entirely new act devised for her by John Murray Anderson. Wallace Eddinger will have the role of John Hamilton, a book agent, In I.e Baron's new comedy, "Nobody's "Money," which L. Lawrence \Vi>ber will present at the Long-acre Theater Curing August. "The Full Cup," by Theresa Helburn, will open under the direction of Marc Klaw. Inc., November 7, In Allantlo City. Tom Powers Is the latest Morosco re? cruit for "Love Time." which will here? after be known and billed as "Visions and Dreams." Seventy-five members of the Women's Auxiliary of the Hudson Park Chapter of the Red Cross will attend to-rilght's per. formance of "Just Married." John Wray has been cast for an Im? portant part in "The N'lght Cap," opening at tho Thtrty-njnth Street Theater on Au? gust 3. ?ejE/aicuaiaMMa PRODUCTION What the world needs as never before is production, to make up its great losses. Here in New York we need production of houses. Put your July dividends into our 5^2% Guaranteed Mortgages and make every dollar you can spare work to build new homes for the city. At the same time get an absolutely safe invest? ment for yourself. LAWYERS TITLE & TRUST CO. 160 Broadway, New York 18S Montagne St., Brooklyn 44 Court St, Brooklyn 367 Fulton St., Jamaica, N. Y. 3S3 E. 149th St., N. Y. 1354 Broadway, Brooklyn. 100 Main St., XV, l-lairw, N. Y. Too hot to go to the Theatn but you can stay Home, turn on the fan, and enjoy a Borzoi Book. For Instance?? "SEVEN MEN" by . Max Eeer bohm? Heywood Broun calls it "a mar? velous bit of whimsy." ? $3.00 wet of oil bookstores or the Publisher? A If rod A. Knopf, ZK)W.42St.,N.Y. R fVOLI ALICE BRADY Broadway In "?.ITTLE ITALY" at 40 ft?. HlToli Concert Orchestra. BEGINNING Sl.M'A? GLORIA SWANSON in ELINOR GLYN'S Original Photoplay "The Great Moment." I ALTO TH0S. MEIGHAN TIMES "The CoMunst of Canaan." SQl.'AKB Famuiis Itiulto On-liestra SS?" "The Golem" HQl'AKE "ELI, ELI." PROLOGUE. America's Foremost Theatres and Hits under the Direction of Leo * J. J. S''"b"l is _M. 1 tt] WINTER CARDEMuflifS^isir MATINEE TO-MORROW. 50c TO $2. eUUDCDTThes.. 44th, W. or IVy. Evgs. 8:30. SnUB-Tll MattnsM Tu-ru'w ? WedT, 230. t??cV"'* JUST MARRIED With VIVIAN MARTIN and LYNNE OVERMAN The 1st Yf?nr tot 830. * * *M?%*\? UTTLE THEATRE I e?s. ? 30. Went 44 St. I Mats. Wed. & Sat. at ACaiTIIDV G2?.l St. ?net Central Park We?t. CENTURY EVENINGS ONLY AT 8:15. COOI.ro BY TONS OF ICE THE LAST WALTZ ?nil elkanob PAtNTgB. "THE SKYLARK," with a Cast of STARS Open, at the BELMONT THEATRE Next MONDAY night. Get Tickets Early BOOTH ffifc. ???g ?gJS A oi? .oc ?E GREEN ARLISSin GODDESS "fSARRlPlf 35UiSt..E. of B'y. Era. 8:30. UMnrilUrV Mau. To-ni'w _ Thur.. 2:30. Mit. pijyi Passes By - REFRESHING COMEDY BY A. A. MILNE. Clli Tr?M 46th St., \V. of B*y. Eva. 8:30.-? rUL I Uft Mais. To-mor'w & Wed.. 2:30. SCHILDKRAUT nul <(? ff f if"? ft/t ? > LE GALLIENNE in LIi__V-JlV_ _ FRANZ MOLNAK'S COMEDY OF L*FE. > MQWSCOrt^^^-^ d_U hy_ a,jo 5'jo THE DRAMATIC SMASH! THE B?T ?BATS SKLUSO 8 WEEKS AHEAD ArilTDsl THEA.. B'way at 4Tth Street VSHIInHb Twice Pally. 3:3? and 5:30. "A CONNECTICUT WIXXJAU VOX Presents ?Used by BauBstt J. Tlrno lAnlVbC Arthur'? Cuurt" POP. PBICB9. TIME8 SQ., W. *2 ST Ev*>. a:oU litC'IIARI? CAKJ.E BLANCHE KING (HAS. WMMiKK WINONA WINTER ?!AY (?OCI.D bot. & Thurs. Best Seati $2. ACT?D^now-popim price? ?"^JS1 ? %?rO,%.r?X'!..J DAILY - 7-50 ?? ff*ARK B'wa.v and WILLIAM fox rrsMBta fcr Will CsrUtae. R ? ?Twice Daily th St.l 2:30?8:3? I Vnif? 42,1 ST- WKST 0V BROADWAY. LI IIS- Twlc? Dally. 2:11 and 8:15 P. M. William F?x ??resents the most stupendous, most sensational screen offsrim ever known. ?votheh?ll?Q?EENofSHEB Dlrerted by Barry Ml Hard* Directed by J. Gordon Edward*. ?urns Series Pk avers (C.-'OtIniK-cl frem p*?j"i on?) men who had bean mentioned by Hums in his direct testimony, Th*y Included most of the Infield and two outfielders of the regular White Sox team. "Wore all those vmon in tho hotel while this practice was going on?" he ropo a tod. "I don't know nbout the practico," said Burns, "hut (hoy wer? in the hotel when I got there." "Wore Weaver, Risbor-** and Schalk prosont?" Tho mention of Ray Schalk, whose name had never boon connected with the scandal, caused a murmur in the courtroom. Burns answered calmly: ."Vos. they were there." "You *l* it Assistant State's Attorney Tyrroll leaped from hi:; chair. "Did you mean to name .Schalk, Mr. Nash ?" he inquired with some heat. "No, of course not," returned At? torney Nash. "I meant K?lsch. But I suppose that if I had asked this wit? ness if Charles A. Comiskey was in the room he'd have said 'Ves.'" The examiner pinned Burns down to an admission that he had not seen the players after the first game, as he stated in yesterday's testimony. "Did'nt you say that you saw them after the first game?" he demanded. "I ain't sayin' I did," replied Burns. "Answer yes or no." "I'll answer as 1 please." Mr. Nash then had portions of the record read, showing that Burns had been asked by Prosecutor Gorman re? garding a meeting after the first game and that he ha?l described such a meeting in detail. At this point Mr. Nash announced his intention of im? peaching the witness as a perjurer. Several sensations developed as At? torney Ahorn took over the examina? tion from Mr. Nash. The attorney asked Burns if Billy Maharg, the Philadelphian who has been closely connected with Burns in all his deal? ings with the State's Attorney's office, was really "Peaches" Graham, former Cub catcher. Burns looked startled, but-denied the allegation. Questions were interjected at odd points of the inquisition to bring out the details of the old feud between Johnson and Comiskey. Attorney Ahorn startled the court at one stage of the examination by asking the wit? ness point blank if a part of bis con? tract with the State's Attorney's office for bi3 testimony in the case had not included an agreement whereby Maharg was to sue Comiskey for the $10,000 Thirty hours had the jury been out?11 stood for conviction yet one votes persistently for ac? quittal ? who was this stubborn, mysterious twelfth juror and why did he persist despite the evidence?see the thrill? ing romantic mystery drama Beginning Sunday BROADWAY ar*47fh STREET DIRECTION JOS PLUNKETT NEW YORK'S "LEADING THEATRES NEW AMSTERDAM. XV. 42 Ht. Eves. 8;18. COOLEST SPOT IN NEW YORK; HATS WED.4SAT 5<XW*230 ?i&? A NATIONAL TRIUMPH zk-ckld hit LE?N?&R01*? SALLY ?^GLOBi THEATRE A NATIONAL INSTITUTIO-T POP. MATS. WED. & SAT. 6E0. Pf|H AN B'y isd St., Mats. Wed. & Sat. *0 M. UUIlHIl EveSi 8:i5> J3E3T SEATS $? FULL OF BRKEZE AND LAUGHTER! A. L.ERL ANGER'S MUS1CAJ, COMEDY GIRLS IN BLUE TWO LITTLE 'UBE-KTYPOKMATTOBW WORLDS GREATEST SHOV PART W' *mh st-* Eves- 8:15* Best SeaU $2.50. ?Uni ,m) FROLICKING FRIARS ^r ALL STAR JAMBOREE * 63D ST. MUSIC IL\LL."bet. B'y & C P W SHUFFLE ALONG jJs&Fhu. With Miller and levies, Sisslo and Illake. GAIETY, B'way & 46 St., Mat. Wed. & 8a?. KJ.AW Tl?ea.. 45 St W. 6f B'y Urj. 67BT. A ?^RANCINB ''''es. 8:20. Mats. Wed. & Sat UrRIM0K-"NI(E kopier T G W N HA L L ?Kl>- ?^m .? . 01 B'WAY. Ail American Film Co. offer?: "TheSp?r?to?'76" TWICE DAILY: MAT. 2:10?EVE. 8:10 S*nts 50o to S I.pp. no higher. Loges. $1.50. 0APITOL "Th* Journey'? End" JULIA GLASS (Pianist) B'way at 61 St. Capitol Grand Orchestra tMd VVM ?_ I Norma Talmadge I n? ny "?nie Sien ob the Door." B'way. 4Tth St. I Strand Symphony Orchestra __i^-_ KITTY GORDON _ COa JACK WILSON & CO. DOLLY KAY'. ON A M IN SON & CO. Ollis.- Harry Watson.Jr. CT A T\ 1 ? T M Amsterdam Ave. a I3?h St. ? 1 Ail Him HENRY' HADLEY CONCJ5BT CONDICTING TO-NIGHT! BERTHE ERZA ? AT 8:30 i SOPRANO T>ri?w? ?r??r.(V?SI.00. Tt'l. Cirri* 21 SO. SRU S S I A N YMPHONY ORCHESTRA?POPVLAR TRICES MODH1ST ALTSCHULBR, Conductor. bbg?nninq SATURDAY, JULY 23 Soloist: Mme. MARIA WINBTUKAJA STARLIGHT AMU^KENT East 177th St. Bronx Subway Station, __? ;?va*?? TKE FUNNy fuCE t posted for the conviction of the mor involved in "the scandal. | Hums smiled uni answered, "No." Details New York Meeting Tlio examination whirh developed i tl?i? episode in New York wan con ; ducted hy Ansintnnt State*. Attorney ducted by Assistant Slate's .Attorney (?ovmun, and follows: Q.? Mr. Barns, I am rroins to ciues i tion you concerning certain mecfcln>ri i you attended ut the Hotel Ansonin in New York a few weeks before 110 world's series. You are to name only the persons actually present at the ; conferences. Under no circumstances will you repeat the names of other p?r ! sons whoso names mny have been men I tioncd. When did you meet Cicotte in New York prior to the world's so ; ries of 1919 7 A. On September |fi, Q.-Whnt did he say? A. He said : that the Sox would win the pennant | and that he had something good for . me. Q?Did he till you what that some i thing Rood was? A.?No. Q. -When did you next meet him'.' I A. On the 18th. I Q.?Who was present? A. Cicotte j and Candil. Q.?Was anything said? A. Candil said: "If 1 could ?ret $100,000 I would throw trie, world's aeries. Q. Who else was present? A.-Ma harg. Q.?What did you say? A.?I said I would see what I could do. Q.?How soon after that conversa? tion did you meet Arnold Rothstein? A.- About a week. Q.- -After that talk whom did you first meet? A.?Attel, Bennett and Chase. Q.?Where was this meeting? A.? At the Ansonia Hotel. Q.?Who else was present at that time? A.?Jean Dubuc and Fred Toney. Q.-?What did Attel say? A.?He asked me to go to Cincinnati to see the players. Bennett also wanted to sec what lind of a deal he could mako ? with them. I told him I would go and see. j Q.?Did Bennett say anything about I whom he represented? A.?Yes, he said he represented Rothstein and was handling the money for him. Q.?Was anything else said? A.?I [ asked Attel how it was that he had j been sble to get Rothslein in when I had tailed. Q.?-What did he say? A.?He said '. he had once saved RtYhstein's life, and that the gambler was under obligations to him. Childless Marriages ' x I^eail to Divorce Court' British Rccorcb Show No Off? spring ?n <U) Per Gent of Cages London, July l my Mall). Child loss marriages figurad 'n more than i to per cent of Britten* divorce suite ; in 1919, according to The London Daily ; Mail. The statistics, given In n Whit,?' ? Paper 'issued yesterday, show that in ;.M par cont of the suits the marriages : had lasted for less than five years. Ap i projOmatcly this r;roiip would include nil the marriages contracted during ? the war which gave rise t.o procedings. i 34 per cent, of the marriages had ! la tted for five to ten years ;md 42 I per cent over ten years. Twenty-one per cent of the parties TT) IGHT on the Great -??^ South Bay, among refined folks, in a model village so cool and at? tractive that you won't believe without seeing? developers must sell few remaining choice home sites at 50 per cent, re? duction. Wide range of locations and prices. Don't argue?don't in? fer?call, write or phone quick! T. B. & H. W. ACKERSON Sales Agent? Brightwaters, Long Island or te Court St.. Brooklyn I were under age at the date of the marriage, Divorce suits increased from '1,287 in 1918 to 5,VB.*i in 1919. The predominant cause?, of this re? markable Increase vn< stated to be Hi? abnormal and disturbed bocial con f?lii.n? during the war. The increase, however, would have boon much smaller ? but for the facilities for taking pro i ceding* provided by the Supreme Court '(Poor Persons) Rules, 1914. These' ! rules enable persons without means to become partie? to preceding? in the Supreme Court without payment of fees or costs. There has been an enormous falling Off in the procedings in county courts during the past *ix years. The figures, foi procedings begun, exclusive of ac? tions remitted from the High <'"??rt. for the years 1913 to 1919, were 1,255,5.12, 1,073,417, l.fKJO.RH, 709,047, 009,526, 438,182 and 444,155 respective? ly. In the abnormal circumstances of the last few years imprisonment t debt has almost ceased. The nuirS?** of debtors irnprisorici jn each f| from 1913 to 1919 were 5,743 il" 1,543. I fini1,661. 296 and 207 ..???g )y. end of the. last nunber only i? dcrved the full terms of imprison^,?? Borax Deposit Discovered What is reported to be the lar?? known deposit of borax in the *?,[? has recently been discovered jn _H County, Nev. ?n ISS mnaaawn ?^i 39? & BROADWAY **-** &> For To-day (Friday) qA? Our $50 iMen's & Young Men's ^Npiv cBgduced To The Suits are absolutely unequalled at the price The price is absolutely unequalled for the suits Note to Physicians Complying with the National Food and Drugs Act? it is stated on the label that ALCORUB contains 70% Alcohol, conforming to the require? ments of U. S. Pharmacopoeia IX. **?and be sure to give her an Alcorub bath ror ?clf__C Everyday ALCORUB Uses Use ALCORUB for every exter? nal purpose for which "grain" alcohol was formerly used. For Rub-Down, Bathing Invalids, Elderly People, Athletes, Babies, Tired, Aching Feet, Sore Muscles, Prickly Heat, Mosquito Bites. Removes Perspiration Odors. Shaving, Bathing, Exercising. 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