Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1911-10-04
RA|NSBARG[R CASE
CLOSED FOR PRESENT
WILL NOT BE REopENEp UNvpa
CONDITIONS AND ADMINS.
TRATiON CHANGE,
CONTRADICTORY EVIDENCE ],
OBSTACLE TO PAROLE
Former Wife Of Frank Rainsbarose
Withdraws Opposition But Ex- shsr.
Carroll's Ruling Withholding clsm-
ency-History Of the Case.
pecial to Times-Republican.

| Special to Times Republican.
! Des Moines. Oct i.--The Rainxbar-
ger case is probably now closed for oil
time. at least there Will be no reopen
Ing OF the case for several years and
until others may take II up later when
| conditions are different.
The murder of Enoch johnson oc-
| CURED Nov. Is. 1854. nearly twenty
seven years ago. and the two men have
been In custody ever since They were
not Immediately committed. however.
to the life terms for which they were
| sentenced. but soon Will have served,
! twenty five years each.
| According to the parole board re-
! ports it would seem that very large,
proportion OF the present population nf
| Hardin county where the murder was
committed. would be entirely satisfied
" Frank and Nathan RainsbarEer
were now or soon given their release.
| The decision OF Governor Carroll to-
! refuse to them the cicmency asked
VIII therefore cause disappointment
among those most familiar with tho
tragic cvetns Of twenty seven years
ago.
Wife Withdraws Opposition.
The first serious effort to secure pa
role for the Rainsbargers was In tho
| Legislative session five years ago. Tho
| legislature gave an extended hearing
to them. but largely because OF tho
harsh criticism OF the previous legis-
lature for having released number
OF persons. practically no consideration
| CIV IN ~ N -
before it this year The former wife
of Frank Rninsbargcr now Mrs. Net
Ito Hawiey. appeared before the com
rnittce and protested at that time vfr-
tually declaring her belief that her own
life would be In danger OF the
men were released. She was dauxh-
ter OF the murdered man and a witness
at the trial since then she filed n
statement with the Legislative COM
mittees taking an opposite position and
removing her objections.
Wilcox Relentless.
Another who appeared at all times
| in strenuous opposition 10 the pro-
posed parole was w V. Wilcox. recent
~ pension agent at Des Moines. He
was sheriff OF the county when tho
two prisoners were arrested and when
the other two men were taken from,
| Jail and lynchcd. He has never ceased
hts resistance to the clemcncy. On tho
| other hand. one OF the most active OF
the persons before tho legislative COM
mittees and elsewherc advocating
clcmency was Or Morse. who at the
| time was coroner and who was called
when the body OF the murdered man
| was found.
Cummins Agreed 10 Clemenoy.
AS the matter now stands. the files
show that the only really thorough ex-
animation OF the case has been made
! by the parole board. on the first exam
| inatiou Or Emmert and +. A Smith.
since deceased reached the conclusion
there was sufficient doubt about the
whole to Warrant, the exercise OF Glenn
ency Senator Berry took the opposite
view. On the last investigation DIR.
/ Iiu,,e, Who succeeded DR. Emmert
| Joined with Senator Kerry In opposing
cemency. while Mr Mott. who sue
cecdcd Mr.. Smith. recommends n par
don
| Tn" first report WAS made upon re-
! quest OF Governor Cummins but was
| made to Governor Carroll and It rec
| commended a communication to forty
! seven years and four months, which
| with the allowance FOR good time which
! both have armed would let them out IN
| March and December OF next year Two
! years later. the board having been re-
| organized. the case was sent back for
! another inquiry.
Contradictory Evidence.
| The case is probably the most difri-
cult and embarrassing one which has
ever come before the board. 1T would
! he ha 10 Scrj
report. TO tind case In which there
were more contradictory statements of
conditions and facts. both as to the
| things which occurred nj the time OF
the killing of johnson and subsequent
| ~. ,o the close OF the last trial OF Ma
| than or since that time as to the con-
ditlunS then aud since and now"
II was In view OF this confusion that
| the board found opinions differing as
| to what ought to be done = the cases.
I'VE think there is no doubt" said the
| board In the report just filed. but that
there is ~ large element among the
good and law abiding citizens OF Har-
din county. especially In the vicinity
of Eldora. who favor the parole OF ttie
applicants. Some of this element Is
composed of men who were living in
| Hardin county at the time of the MUIR
| der. and many also who have moved
| into the county or grown up since.
Many who were active in the prosecu-
| ton and defense OF the applicants have
died. and many have removed from the
county. Some who at the time of the
! trials believed the applicants were
guilty now think they were not or st
least there is grave doubt as to their
guilt Some who favor clemency do SO
| for the reason that they think they
have suffered in prison long enough for
the crime committed"
Continued on Page Five.b