Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1910-10-29

Governor Carroll. 1t appears from the
record in the governors office that
there was prejudice against Tjernagel
at the time of the trial, that Tjernagel
was the leading spirit in a Scandi-
navian publishing company In Mime
apolis, and the citizens of Story City
raised a bonus subscription Of $4,000
to have the plant and papers brought
to Story City The plant. good will, ETC.,
at that time was worth about $4,000,
one half of which was owned by
Tjernagel Brothers. The enterprise did
not prove financially success and
during the panic in 1898 some thirty
suits We're instituted against Tjernagel
Brothers on the ground of fraud, all of
which Tjernagel won. entailing an ex-
pense of about $1,000 and receiver
wound up the business. The parties
instituting suit We're minority stock
holders, and the entire holdings
amounted to less than $4,000. About
the same time Tjernagel was potential
in the organization to take over a Ger
tain property in Hammond. Ind.
manufacturing suburb of Chicago.
Tjernagel put into the enterprise about
$4,000 in money, as he and his friends
We're unable to protect the option price
of s16S,oOO and it was lost, but Tier
nagel lost more than all the rest put
together, and number of suits were
started or threatened in this enter
prise. In short, at the beginning of
these events. l.. j. Tjernagel was n
We'll to do man financially and it was
all swept away in the financial disaster
of 1893, coupled with the legal con-
tests here limited at. 1t perhaps does
not help anything now to say that the
Hammond property has increased many
fold in value.
Moreover, Tjernagel was constantly
active in the prosecuting of llega,
sales of liquor in Story City, raising up
against him other enemies. Let it be
borne in mind that these facts are
shown by the record in Governor Car
rolls office
Prejudice is Alleged.
1t further appears that the county
attorney who prosecuted this case had
his prejudice. He was so interested
that he could make a special trip to
visit the governor of Iowa, and before
that make a special trip to procure an
affidavit involving other parties and
other matters entirely foreign to the
one in hand and Governor Carroll per-
mitted 1t to be read and the only pur
JUDGE the mind of the chief executive.
The trial judge was written and
asked to recommend a pardon and he
responded in these words: (My rea-
sons for this conclusion are the facN7
which appear without dispute: that at
the time the alleged note which was
given by Tjernagel to Siverson became
due Tjernagel and SiverSon forgot it."
The remarka BILE thing about this state
ment is its untruth. Perhaps it should
be said that the judge forgot, but
fortunately for the defendant the rec
ord of the testimony taken down by
the judges own shorthand reporter
shows that Tjernagel did not forget it,
Exhibit 1 was carbon of this note
and it was introduced by Tjernagel in
evidence in this case and set out in the
foregoing pages hereof.
New Facts Developed.
But new facts have developed. new
evidence has disclosed itself. since the
time of the trial, and after it was to-
late to move for a new trial. and this
evidence has been shown to the gov
ernor Of Iowa and 20 the parole board,
which acted merely in an advisory ca
pacity to the governor. and 1t Is to this
evidence to which attention is now
directed.
Before going into just this phase IF
the question let it be known that the
note which Tjernagel got Of Sivc1 son
for collection was outlawed, and that
it was more than ten years past due.
and that Handal had not in any way
recognized its validity. and that Tier
nagel induced Handel to give five notes
1925 each. due respectively in one, two
three, four and five years. and the last
two of which were to be TjernageFs
notes for collection and let it be known
also that these Eve notes We're made
payable TO Tjernagc!. he using blank
notes wherein his, name was printed
as payee. and that two or three days
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