Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1915-08-25
GIVEN RELEASE FROM ANAMoSA
AND WILL RETURN TO HAR.
DIN COUNTY.
EXPRESS FEAR ENEMIES
WILL TRUMP UP CHARGES
Some Delay Because Prison raiIors Did
Not Have Citizens Clothes Ready
Brothers to Go TO Home Of Aunt to
Remain mporarily-Nephey Ready
to Give Them Permanent Home.

md Nathan Rain SbarSer, long known
IS Iowa's oldest convicts, were TO walk
orth 10 liberty today. The conditional
oardon, granted by Governor Clarke
esterday directed Warden McCloughry
0 arrange for the release of the
rothers, now old men, early this
lorning.
The liberation of the men, convicted
If Staying Enoch Johnson, the father
n-law of Frank Rainsbarger in
Hardin county in 1884, into the world,
fter imprisonment for so long, is the
elimination OF practically continuous
forts since 1905 to secure their par
lon. 1t is also thought TO be the
losing chapter in one Of the states
most famous murder cases. Nathan
2ainsbarger is 50 years old and Frank
55. They were "a and - years old
hen the supreme court affirmed their
conviction. The pardon will become
lbsolute after three years if the men
are law abiding
Fear Personal Violence.
! Some delay in the release OF the
! brothers was caused by the failure of
the reformatory tailors to get their
citizens clothing finished. Warden Nc
| Cloughry said the brothers were re-
| ticent as 10 their future course, fear
ling that personal enemies believed TO
have been responsible for former fall
| ures TO secure pardons. will frame up
certain c;rcu71 stances against them
with a view to obtaining their recon-
uittnent TO the prison. II was said.
/ however. that they expected to go TO
1.-THE home of an aunt at Iowa Falls for
the immediate future.
! OverruIes Parole Board.
| In granting freedom TO the two
men the governor overruled the state
board of parole The board recon-
mended by a vote of to ! that the
Rainsbargers BE- refused parole or
pardon. ". H Berry and John E.
Howe voted against clemency and
| David c. Mott favored liberating the
men. This was the second time the
board OF parole had reported on this
case In 1909. when the board con-
sisted OF w. H. Berry. P. A. Smith
and j. NJ E7nmert, the board recon-
mended that the governor pardon the
men. Smith and Enmerr favored
| clemency. Berry opposed any change
| in the sentence.
| In examining the record the gov
ernor found that of five members Of
the board who have passed on the
Rainsbarger case three have favored
setting the men free.
| The last report. signed by W. H
Berry as chairman. was made to the
governor nearly six months ago.
and was succeeded by William Dennis.
of Cedar Rapids.
History Of Crime.
| Pa Sba yaa~c IF
age Frank Is So. They have served
exactly thirty years Imprisonment. two
years in Jail before being sent to the
reformatory, and twenty-eight years
at the Anamosa prison.
The crime of the Rainsbargers which
was committed in Hardin county a
quarter Of a century ago. was one Of
the most famous in Iowa history. 1t
was the elimination of a long period
Of outlawry during which citizens Of
the vicinity had been terrorized.
Killing of johnson.
Murders and robberies had been
brazenly perpetrated and the author
tiles had been unable to apprehend the
guilty men. Detectives traced a box
Of counterfeit money from Steamboat
Rock, which seemed to be the seat of
operations, TO South Dakota and then
back to Eldora- and arrested Enoch
Johnson within a few minutes after it
had been delivered to him. Frank
Rainsbarger had married Johnson s
daughter.
The Murder Plot.
Tuesday night, Nov. Is, 1884, John
son disappeared from home and
next morning was found in the woods
dead as il he had been thrown from
his horse while trying to ride It after
a breakdown The buggy wheel was
broken. the thills were broken, the
harness was snapped and Johnson was
to death, with line wrapped around
his leg.
Suspicion Of foul play Immediately
came to the mind Of Sheriff w. v
Wilcox (now of Des Moines). The
mans clothes were pulled up over his
head as if he had been dragged back
wards. There was blood on the horses
footlocks and on the bride rein. The
wheel broken was the one that would
have been on the top side of the slant
ing road without pressure on 1t. He
searched the underbrush and discov.
cred where there had been scufie
and found blood on the ground. There
was also the tracks Of Johnsons buggy
and horse hitched there in the under.
brush. Then he traced the blood t
the top Of the hill where the dead mar
had been placed upon the horse. HI
was pushing his investigation hare
when Mrs. Rainsbarger told the stor!
that led to their arrest.
. Asking Pardon Ten Years.
The first application for the pardon
Of the Rainsbargers was filed abou
ten years ago. In 1909 the board O
parole, after investigating the case a
the governors request recommends,
that the men be released from prison
Smith and Emmert, two Of the thre
members Of that board, died and Gov
ernor Carroll appointed new men II
their places. The governor did moth
ing with the report Of the old boart
in the Rainsbarger case, and referre'
the matter to the new board. Thi
board recommended that the two mel
remain in the penitentiary.
Soon after Governor Clarkes cleo
ton, another petition was filed askinl
pardons for the Rainsbargers- Their
lwere many hearings before the boar