Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1911-10-04

court was the result Of prejudice or
passion. Nathan was tried a second
time in December, 1887. and was again
convicted Of murder in the first de-
gree from which no appeal was taken.
The application for pardon or parole
has been before the legislature at
least three times and has each time
been denied. Governor Cummins sub
, mitted the case to the board of parole
for investigation and report during the
fall Of 1905, but the board did not re-
port until after l came into Office In
1909. Two members of the board, Mr.
Smith and Or. Emmert recommended
that the sentences be committed so
that the prisoners would be released at
the end of twenty-fi five years Of actual
service and the other member, Senator
! Berry. reported against the granting
of clemency The twenty five years Of
service would have released Frank
Rainsbarger In March. 1912, and Nate
in December. 1912. I declined to take
| action on the recommendation for the
reason that the time suggested for re-
, lease did not fall within the term
was then serving as governor. because
| the board was divided in its recon-
mendation and because in my judg-
ment the recommendation Of the ma
jority Of the board was inconsistent
with the reasons assigned for the rec
| concentration. Aside from the state
| ment that Enoch Johnson was not
good man and that a deplorable state
of affairs existed in Hardin county
the majority Of the board assigned as
it's reason for recommending a COM
mutation that it entertained grave
doubts as to the guilt of the Rains
bargers. This conclusion must have
been based upon the evidence SUBJ
, mitted in the trial Of the case as no
reference is made to the discovery of
any new evidence that the board relied
upon. It is not the province of the
board to determine the question OF
guilt. or innocence Of men convicted
Of crime except where new evidence
has been discovered Then the board
may properly consider what would
have been the finding Of the court If
! such new evidence had been submitted
to it at the time of trial. But as
, Stunning that the board was acting
within its sphere in virtually retrytng
the case upon the original evidence and
resolving the doubt in favor of the
convicts then the recommendation, to
have been consistent with it's conclu-
sions, should have been for immediate
pardon.
"Not being satisfied with the con-
illusions Of the majority Of the board
\ delayed determining what should
be done with the application and two
new members having come on to the
board I referred the case back to that
body for further investigation and re-
port. Under this reference DR.. Howe
and Senator Berry recommended that
no clemency be granted and Mr.. Mott
recommends that the men be pardoned.
The latter bases his conclusion upon
the question Of doubt as to the guilt
Of the prisoners. Under this investiga-
ton all Of the members Of the board.
their secretary and 1 went to Eldora,
also to the scene of the crime. to the
home Of the Rainsbargers. and else
where in Hardin county and made
quite n careful investigation Of the
case The board then went to Ana
mosa and interviewed the prisoners.
did not accompany the board to Ana
mosa for the reason that I had twice
Interviewed the RainsbaTsers with
reference to the case and also for the
reason that expected to be and have
been furnished with a transcript of the
statements IIldOe ny lie ilieA W tAo
board.
The purpose Of our visit to Hardin
county was that we might more fully
understand the case and also to learn
whether or not there were any mater
ial facts with reference thereto which
had not been before the court at the
time Of the trials. I think that no
member Of the board feels that any
new evidence. of reliable character.
has been submitted that tends to-
weaken the states side OF the case
at least nothing that is not more than
over balanced by facts appearing
against the convicts. The Rainsbargers
attempted to prove an alibi claiming
that they were at Gloves and in the
vicinity OF Abbott the night of the
murder and hence could not have been
near Clifford where the crime was
committed. The reason assigned byt
Frank Rainsbarger for making the al
legged trip to Gloves and in the vicinity
OF Abbott the night that Johnson was
killed was to see George Leverton and
get him to extend the time of payment
OF certain real estate mortgage given !