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

Special to Times-Republican.
Dies Moines. Aug. ex-governor
Clarke, in granting pardons to Frank
and Nathan Rainsbarger. who have
served nearly thirty years in prison on
conviction of murder Of Enoch John
son, father-in-law Of Frank, reviews
the cs1e at length and in reaching his
conclusions finds that the brothers
probably were innocent of the crime
charged and that they were improperly
convicted. His review Of the case, is
sued in connection with the pardons,
follows:
Enoch johnson was killed on the
night OF Nov. IS. 1884, between and
8 o'clock, as nearly as can be deter
mined from the evidence, about q mile
north OF Clifford in Hardin county.
Iowa. Jan. Is, 1885, Frank and Nathan
Rainsbarger were arrested, prelim-
mary examination was had, they were
held to await the action Of the grand
jury. They were indicted separately.
Nathan was tried twice, the supreme
court having reversed the case on ap-
peal from the first trial. The evil
dence was the same in each case, ex-
cept that in Franks case his wife was,
of course, not a witness.
Frank Rainsbarger was the son-in-
law of Enoch Johnson who. for some
time prior to his death, with his wife.
had been living with his son-in-la.v.
Nathan Rainsbarger was an unmarried
man and also lived with Frank. Frank
owned forty acres of land and together
the brothers were engaged in farm
ing this and 100 acres in addition.
They owned a threshing machine and
in the fall operated it. These people
all lived at the home Of Frank Rains
barger tremendously and on the most
friendly relations as seems quite con-
clusively shown by the evidence.
Neither johnson nor his wife paid
anything at all for the hospitality and
care they received in Frank Rains
barger's home, nor did they render any
service of consequence in return for it.
It is fact, as shown by the evidence.
that Nathan had contributed to john
sons clothing. giving him a pair Of
boots and shirts. and that at the time
Of his death he was wearing an over
coat that was a gift from Nathan
Rainsbarger.
johnson Accused Of Counterfeiting.
1t is further shown that Johnson had
been indicted by the federal grand jury
upon the charge Of having in his pos
session and placing in circulation
counterfeit money. This occurred in
August, 1888, and he was in Jail at
Fort Dodge and Sioux City from that
time until the middle of April. 1884.
when he was released on bond fur
n;shed by his SON n-law, Frank
Rainsbarger, at the request and under
an arrangement made with John F..
Duncombe, of Fort Dodge, who was
Johnson's attorney. johnson was with
out money and it was at this time
that he was taken into the home OF
Frank Rainsbarger. Johnson's trial
was pending. Whatever else may be
said of him-and 1t seems to be con-
ceded that he was notorious thief
and criminal-he felt, as is shown by
the record. that he ought to make
some arrangement for the financial
protection Of Frank for what he had
done In connection with his case. in
furnishing the security whereupon ne
obtained this bond for his release, and
the other burdens that were then and
would further come upon him in the
future. Hence, it came about that he
procured some life insurance payable,
in case OF his DEATH to Frank and his
wife Jointly With the procuring OF
this insural q Frank seems to have
had nothing to do. but his wife was
son, s,;t.t ective in connection with 1t.
larger amount of insurance on MS
life in which his wife. Maggie Johnson,
was named beneficiary was secured.
The Rafnsbargers had nothing to do
with this. The record shows that the
reputation of Mrs. Johnson was bad.
The matter Of these life insurance
policies is mentioned because they are
a assigned as the motive Of the Rains
i,argers in killing Johnson. If they
killed him, no other motive or reason
could be assigned as no trouble, Ill
will. or hatred was shown ever to nave
existed at any time. Quite the con-
trary. Nathan could not by any pos
sibilfty have prof1ted upon the death OF
johnson by this insurance, neither
was he surety on the bond which had
procured his release from Jail. 1t IS
impossible to assign any adequate
motive to him, or ANY motive at all,
as 1t seems to me.
cjreumstantial Evidence.
The defendants were convicted en-
4;rety upon circumstantial evidence.
There il not syllable of direct proof
The defendants undertook to prove
that they were not guilty by showlhs
that they were not near tho place
when johnson was killed on the night
Of the 18th. The undisputed evidence
Is that on that day, about 1880 O'clock
Johnson left the Rainsbarger home
with q one-horse buggy, saying he was
going to Steamboat Rock after Mag.
she was his wife. Or. If he got letter
from her. or she didn't come, he would
go ON down to Clifford, where she was.
Twenty or thirty minutes after Jonn-
son had gone, Frank and Nathan lett
home in q two horse buggy to go 70
Cleyes, This team was Franks
heavy farm team, one OF the horses, az
shown by a number Of witnesses, not
having been able to work hardly any
NJ all for some time. and q very poor
trayeler. Passing q anetghbor just
ready to leave his Held, where he was
gathering corn, they stopped and IN.
vitcd him to 70 with them, q thing they
would hardly we done II they had
started out on murderous mission.
The state proved by six unimpeached
Witnesses that they were at Cleves
that night, stating the time when they
left at from dark to as late as eight
o'clock. Other witnesses swore to the
same thing. It is undisputed that they
were there and that they bought goods
Il the store-sugar, q broom, a sack
Of -four. and put them in their one
seated buggy. 1t is hardly conceivable
that they would have done this II they
were ont to overtake and murder john
son before he could drive to Gihord.
80 ~ IA.,.>a. A. .oodo home that night,