Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1914-01-02
THINK FRANK SHOULD BE
PERMITTED TO DIE FREE NAN
Majority 81 Men Concerned In Prose
eutiSn and Defense Of Brothers Now
pesSAconvieted on circumstantial
Evidence Which Did Not Locate Ae-
cused at Scene Of Crime
Special to Times-R Republican.


likelihood that the present sickness
may terminate in his death, causes
many citizens over the state to wonder
at the true story Of the Rainsbarger
brothers. Nathan and Frank Rains
barger have been in jail or the penl-
Tertiary since January. 1885. Many
attempts have been made before par
ole boards and several governors to
have the brothers released, but each
time their liberty has been denied.
History OF Case.
On the morning of Nov. 10, 1884. q
Mr.. Van Voorhis, who was then asso-
ciated with Daniel Meader in the oper-
alton Of the Eldora Touring mill, was
returning to Eldora from his home IN
Union, discovered the body of man
lying beside the road between this city
and the town Of Clifford. Ave miles to
the south Of this city. He hurriedly
drove to Eldora and Informed the po-
lice officers, who with posse drove
to the place designated and after ex-
animation found that the body was
that of Enoch Johnson, father -in-law
Of Frank Rainsbarger. The body was
prepared for burial and a short time
after interment took place. In
January following Nathan and Frank
Rainsbarger were arrested, charged
with having murdered Johnson. the
motive alleged being that with john
son out of the way Frank RainsnarEer
through his wife, would come into a
considerable sum of money on an in
surance policy held by johnson and
payable in the event of his death to MS
daughter. Nettie Rainsbarser.
Tried in Marshalltown.
The preliminary hearing Of the
Rainsbarger Brothers was held in the
old court house in Eldora before the
then mayor of the city. John S. Had
ley, who now resides in Superior, Wis.,,
resulting in the Rainsbarger boys be-
ing held to the grand jury and upon
their failure to get the required bond
they were remanded to jail, being con-
fined in the institution in Marshall
county until their trial. which took
place a few months later. Nathan
Rafnsbarger was tried first, the trial
Of Frank being held something like a
year afterward. At the trial of Nathan
Rainsbarger. Hon. H L. Huff. Of Ell
dora. now deceased, P. M. Sutton. OF
Marshalltown, also dead. and Hon.
John L. Stevens, who at that time lived
in Story county, represented the pros
ecution. while the defense engaged as
their attorneys Hon. s. NJ. Weaver,
now judge Of the supreme court, whose
home is in Iowa Falls, Hon. G. E. Al
brook, Of Eldora, now Judge Of the
district court, and Hon. Timothy
I'm rp a q
ceased. The trial was held before Hon.
II. C.. Henderson. of 9IarshalltQwn, now
dead. At the trial of Frank Rains
barger- Mr.. Henderson had retired
from the bench and assisted in the
prosecution.
The state insisted that the Rains
bargers had driven from their home
near Cloves. twenty-one miles from the
scene of the crime, and killed johnson
and got back to their home before mid
night. Many conflicting stories were
told on the witness stand, feeling in
this community running high at this
time.
Line Of Defense.
The defense insisted that It was an
impossibiity for the Rainsbarger boys
to have driven from their home such
a distance away, committed murder
and then get back home again before
midnight. One witness for the state
swore that the night Enoch Johnson
was murdered he saw the Rainsbarge1
boys just south Of Eldora in a COW
cred buggy about 9 O'Clock at night
the outfit going south toward Clifford
This man had not been able to discern
his own near neiGhboT across the room
for years, yet somehow this testimony
was gotten into the record and 1t aided
the prosecution in sending the Rains
barger boys to the penitentiary.
The defense endeavored to show thai
other men not related to the Rains.
SaTssrs wotiii have il9s.i more uuotiv,
for doing away with Johnson thar
those related to him. Johnson at the
time of his death, was under indictment
by the federal grand jury for counter
feittng and II was alleged that the rne1
who were associated with him in the
making OF "the queer were fearful
that before Johnson would be rail.
roaded to- the penitentiary for the crime
he would implicate others-men higher
up. The two Rainsbarger boys were
not located within two miles of the
scene of the crime at either of the
trials, and yet such feeling existed il
the community that, while many
doubted that the boys had been proven
guilty, they have been compelled t.
spend the greater portion of their lives
behind bars.
Public Desires Release.
In the light which the years have
borught about and the affidavits pro.
duced from men who knew of some oil
the inner workings Of counterfeit
gang In this section, it seems strange
that these men, about whose guilt there
has ever existed q considerable doubt
should have been forced to stay al
these years in confinement. The Law
II presumed to give any doubt which
may exist to the benefit Of those ac-
eused Of a crime. but in this instance
the order has been reversed. thru some
source not exactly clear.
William Rainsbarger, who died only
few weeks ago and who was the eide
brother Of the men confined, lived fo7
years in this county, q respected ant
hDn0red citizen.
~ 4 great many people, IN fact q vas
( majority Of the men and women of thi.
: county, who have spent their lives il
this section. feel that the time has ar
rived for the unconditional release o
Nathan And Frank Rainsbarger, sine
ASckneoo has attacked them and tnei
days &C best must be short The.
1A1A SvG been model prisoners -