Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1915-08-25

RainSbar9erS great pubilc excitement
existed in Hardin and Marshall coun-
ties on account of crimes that had
been committed in Hardin county. The
newspapers were full of matter calcu-
| lated to 1nflame and arouse popular
feeling. This public sentiment ran
largely against the Rainsbarger family
in general. But there were other con-
ditions existing in that county that
can not be overlooked in the considera-
ton Of this cose. They We're not mat
ters that could be regarded as material
in the trial Of the cases. but they re-
fuse to be excluded at this time. That
there We're persons engaged in handling
counterfeit money in and around
! Steamboat Rock is unquestioned. The
murdered johnson. a VIGOROUSLY bad
character was doubtless one of them.
He was indicted by the federal grand
jury and Henry Johns, brother IN
law Of the Rainsbargers, who had lost
by reason Of the spurious money. was
the foreman OF the grand jury that re-
turned the indictme nt, 1t Is shown
now by papers and affidavits submit
ted that he had said that he was go
ing to "clean out the whole counterfeit
gang and that Johnson had said that
he did not propose to be made the
scape-g goat and that if he had to go"
there would be others to go with him."
Without going into these matters in
detail it must suffice to say here that
very compelling motive for john
sons murder could be found elsewhere
than with the Rainsbargers. After
Frank and Nate were in Jail there was
what purported to be an attack upon
some men Of the community one eve
! l-l~k i've hn MIL
highway and a number Of shots fired.
as was supposed, at them. Immediate
ly after this Finley and Manse Rains
barger were arrested for the supposed
crime and at once the Jail in Eldora
was broken into by a mob and both
the prisoners shot to death. 1t also
transpired almost Immediately, as is
shown, that there was no attack on the
men in the buggy at all, that the whole
thing was "fake,' the bullets. as
shown by the buggy itself, having been
fired from within and not from with
out. AS soon as this fact was suggest
ed. which was Immediately, the buggy
disappeared and was never seen al
forwards. William Rainsbarger was
arrested with Finley and Manse but
released on his own recogniZance or ne
doubtless would have shared their fate.
AS further showing that the whole
thing was a fake and fraud it may be
stated that William Rainsbargers case
was never brought to trial.
Many Crimes Committed.
On the night of the 30th of March,
1885. and while Nate and Frank were
in jail, Henry Johns. who had procured
the indictm ent of Johnson and who
said he was going to "clean out the
whole counterfeit gang, was waylaid
and shot as he was driving home from
Abbott One Of his horses was also
shot and killed. From the effect of his
wounds Johns not long after died. 1t
may be seen that there were many
crimes committed Of which the Rains
bargers were not guilty. 1t may be
seen also that there was disposition
to get rid of them. Other like recitals
could be made. but enough has been
shown to indicate clearly that there
were others who might have been ac-
tuated by strong motives to remove
Johnson The very same motives
prompted the killing of Henry Johns.
SO far as have been able to find out
no other motive has ever been sug-
gested for the attack on him.
strange thing In connection with
these cases against Frank and Nate
is that the minutes Of the evidence
taken by the coroner's jury and at the
preliminary examination and the evil
|dence taken upon Mates trial long ago
disappeared, even before Franks trial.
and no trace of any Of it has ever beer
found. The presumption raised by
these facts may be left for each one.
Guilt Not Shown.
I can not see why I should not be
perfectly frank in stating my conclus-
ions with reference to these cases.
can not understand how, upon the
record as I have it. 1t was possible to
find these defendants guilty beyond
reasonable doubt" I can not see how
it can be said that their guilt is in
consistent with any other reasonable
hypothesis" or ANY other rational con-
clusion." These men were tried at
time Of great public excitement and
indignation. To write the whole story
of several hundred pages. 1 have only
touched very briefly the outline.
can not, on the whole, possibly divest
myself Of the feeling that there was an
organized effort and a very direct mo-
tive to get rid Of these men and others
as we'll as Johnson. l may be mistaken
in my conclusion, but am irresistably
driven to it, Others may have been
right and I may be wrong. But If there
is doubt in the minds Of any, these
men are entitled to the benefit of It,
For more than thirty years they have
/ stoutly maintained that they were In
nocent. They have challenged inves-
tigation. They have been fearless In
inviting the closest scrutiny Of every
fact and Circumstance that could be
suggested. Their conduct at the prison
has been faultless. They have always
been referred to as model prisoners.
They have been deprived Of their lib
erty since Jan. 16, 1885. l can not but
think in any event this would be pun
ishment enough, but in the face Of the
great doubt Of their guilt which fills
nv mind, amounting practically to
conviction that they were not guilty, 1t
is far beyond anything they deserved.
No good purpose can be served by i'm
prisoning them longer. I can not agree,
therefore, with the conclusion Of the
majority OF the board Of parole recon-
mending to me that no clemency be
extended.
Exercising the prerogative with
which am clothed by the constitution.
and believing am fully Justified In
doing so, do hereby grant to Frank
and Nathan Rainsbarger conditional
pardon or parole, conditional only upon
the requirement that they conduit
themselves as honorable, upright and
peaceful citizens and indulge In no
oxpraoafopa IF reSeDtmerf