Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1908-10-06
WEAVER MAKES PLEA
FOR RA|NSBARG[RS
Supreme Court Judge and Resi-
dent Of Hardin County Asks
Parole Board to Pardon
DOUBTFUL IF THEY ARE FREED
Strong Opposition by Relatives and
Many Citizens of Hardin County
May Prevent Brothers From Secur-
ing Release-Weaver Throws Doubt
on Crime.
.pecial to Times-Republican.

Special to Times Republican.
Des Moines, Oct. 6.-At present
| it seems unlikely that in the face of
the opposition of the people of Hardin
county that the state board of parole
will recommend pardon for the
Rainsbargers for the murder of Enoch
Johnson. 1t was a quarter of CEN
| tury ago that the Rainsbargers were
the terror of Hardin county and that
section of the state. The recollections
OF the troubles of those days are so
vivid to the minds of Hardin county
people that many are desperately op-
posed to the pardons. Furthermore, a
brother of the two men now in the pen
for murder and Immediately went back
Ito his home and rejoined his brothers.
This is being argued to the board Of
parole as one reason for not pardoning
these men.
! The story Of the Rainsbargers has
been retold at each session of the leg
islature for many years when they ap-
piled for pardons. 1t has been retold
many times in the newspapers. 1t was
for making a murderous assault upon
| DR.. Underwood, the coroner of the
| county, who was one of the men inter-
ested in running the Rainsbargers to
earth, that two of them were killed
| by mob. Phin and Manse were con-
| fined in the county Jail when the peo-
! pie broke down the Jail doors and as
| the two Rainsbargers tried to escape
| the mob filled them full Of bullets and
tthen quietly dispersed.
F,noch Johnson, the fat1er-in-aaw
of Nathan Rainsbarger, was arrested
for counterfeiting and sent word to
the boys if he went to the penften-
tiary he would not go alone. This was
understood to he a threat at them.
They at once secured bond for hin,
and soon after they took out life in
surance on him. Then NE was found
dead. Nathan's wife becoming fear
full at their horrible deeds, managed
| to escape from her home and went to
the sheriff's house for protection and
remained there. Frank Rainsbarger's S
wife told the authorities Of finding
| blood on the clothes of her husband
| the next morning after Johnson was
murdered
Mrs. Nettie Haley, who was the wife
of Nathan Rainsbarger, and her daugh-
| ter. Mrs Charles Link who is the
daughter of Nathan Rainsbarger, and
Mrs. Underwood, wife of the man who
was coroner, are all here, and all are
protesting against the pardon of the
Rainsbargers.
The pleas Of the Rainsbargers are
| that they are innocent. Strange as it
may seem, they claim they did not kill
johnson and were innocent of many
of the crimes credited to them. They
claim that there was gang of coun-
terfeiters operating in the vicinity of
Steamboat Rock and elsewhere, and
| that this gang killed Johnson because
johnson had obtained evidence against
them They claim that prominent peo-
pie of Hardin county operated with the
counterfeiters and were influential
enough to throw the blame upon the
Rainsbargers.
Weaver Pleads for Old Clients.
! Former Senator j. L. Carney, Of Mar
shall county, appeared as attorney for
the Rainsbargers, and DR.. M. G. Morse
and Walter Harmed assisted him. w.
| V. Wilcox, appeared against the appli-
| cation. Large petitions were presented
on both sides, Supreme Judge Weaver,
who was their attorney wrote a. per-
sonal letter in favor Of the pardon.
i The whole case was gone over in de-
| tail. 1t was explained to the court that
/ three successive juries had found the
/ Rainsbargers guilty of the murder for
which they have served twenty-three
years, and the terror of the people on
their account was disclosed.
Judge Weaver wrote the board as
follows:
"I have been requested by the Hon.
j. L. Carney to be present at the hear
ing of the application of Nathan Rains
! barser and Frank NJ. Rainsbarger for
a parole from the state penitentiary.
| but find it impracticable to attend on
| the date named and therefore beg
! leave to submit brief written state
ment. From the beginning of their
prosecution in 1854 until when 1 re-
| tired from the case to go upon the dis
| trict bench, I was associated with the
counsel for the defense. 1t was case
which aroused my deep interest and I
became an earnest student of the facts
and circumstances with a strong and
settled purpose to satisfy myself. if
possible, of the truth or falsity of the
charge made against these men. After
more than two years of investigation
| of the case and close observation of
| their conduct and demeanor their un-
hesitating frankness and clearness of
statements in consultation with coun-
sell the consistency of their story and
their denials, with facts of which I had
| independent knowledge impressed me
very deeply with the belief which
| I still retain of their innocence of the
/! alleged crime Tho tested in numberless
| ways. / never detected either of them
| in a falsehood or even in eqnivocations
| concerning anything. 1t is. OF course,