Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1915-08-25
MEMORIES OF RAlNSBARGER
TRIALS REVIVED BY PAR
DON OF BROTHERS.
STEVENS, PROSECUTING
ATTORNEY, TALKS OF CASE
Is Inclined to Question Innocence of
Brothers. But Believes Justice Has
Been Ser. EDS. T. Watermon, Who
Worked Years For Pardon, Lives
Here.

Great local in terest, especially among
the older people OF the city, was
aroused by The news Tuesday thai
Governor Clarke had pardoned tbs
Rainsbarge> brothers. 1t was here tina:
the Rainsbarsers We're convicted and
sentenced. Many of the older people
Of the city y ell remember the stirring
trials at which the Observation-Disclosures
and Frank-were convicted.
II is then conincident that today
there are in the city one of the lawyers
who helped convict one Of the broth
ers. and a man who has spent several
Years amassing testimony in their be-
half 10 secure their pardon.
The first is Judge Isaac l.. Stevens,
Of Boone, who was the district artor-
nev that prosecuted Nathan Rains bar
ger at the first trial. The other is
Stanton T Waterman 100 South First
street.
Judge Stevens Satisfied.
Basing his statement only on his
knowledge of the first trial of Nathan
Rainsharger that he prosecuted here in
1855, Judge Stevens said 20 T.-R- re-
I Porter that he had seen no evid fence
! that had changed his opinion of the
probable guilt of the Rainsoargers, and
especially Nathan. At the same time
Judge Stevens believes the brothers
should have peen freed. because they
had served long enough
Il know only Of the first trial Of
/ Nate" ne said The governor probably
had the records of both cases and the
appeals before him on which he hased
/ his opinion. Without wanting to crit
| icize Governor Clarke, I have never had
anything called TO my attention that
changed my opinion Of their guilt
Evidence circumstantal.
1t is true that the evidence on which
! Nate was convicted al the first trial
was crcunlst antial. but il was strong
and it pointed clearly toward the
| Rainsbargers as guilty of Enoch John
sons murder.
| "Of course II may be that they are
innocent. -.ryway II would serve no
good purpose 10 keep them in prison
| longer. I have never opposed efforts TO
set them free. excepting once when
Representations were made to the
board of parole OF things untrue about
certain old residents of E.ldora and
! Steamboat Rock At the request of
ithose persons alta cked ! appeared be-
fore the board Of parole in their behalf
10 refute those untruths'
Trial in Ole Court House.
The first trial Of Nate was in the
told court house the old brick building
that is now buried from sight behind
the Culey store building in South
First avenue. Soon after this trial the
loiIice OF uisiIict attorney Was supeI-
iseded BY the county attorneyship for
OH Nj nr
ha d assisted Judge stevens 10 prose-
Icute the first case. was elected and
prosecuted the others. BY the time the
second trial was begun Judge Stevens
had been elected TO the district bench
and was disqualified from hearing the
ease.
Or. liehio Was Interested.
1t vas thru DR.. Rosa Liebig for
many years cverseer of the poor, who
was very much interested in the Rains
bargers. that 5. T. Waterman first be-
came interested in the case. That was
IN March. 1911. 1t was in February
1913, that Waterman took up the case
in the interest of William Rainsbar-
ger brother e the prisoners.
April 20, 1913, Waterman, who had
travelled thru many states and gathered
scores of affJdavits and other testi
mony Went efore Governor Clarke
and made application to reopen the
Rainsbarger case which had been be
fore Governor Carroll and the board Of
parole. Governor Carroll had decided
against pardon in 1911.
The outcome of that application was
that Waterman was 60 offer to the
board OF parole an application 20 re-
open the case. The secretary of the
board refused to accept service OF the
petition on the ground that the case
had been closed
Hearing Is Arranged.
May 79, 1918 Grant Tyler, Of FL
dora. and Waterman filed petition
with the governor and it was agreed
that the hearing should be held July
IS. 1913. The governor went 20 the
Gettysburg anniversary celebration, and
returning III, the hearing was not held.
a little later maps, diagrams. state
ments. affidsvits and confessions. all
bearing on the case We're laid before
the governor by Waterman.
In August Of the same year Cover
nor Clarke refused 70 grant a hearing,
and the next month Waterman with
drew the papers he had filed In the
case With the governor. with the un-
derstanding that Waterman might file
3 petition to reopen the case. Water
ma did so Sept "a. 1913 and the hear
ing was held in January 1914.
Governor Clarke, from the first, was
! greatly interested in the case. He has
felt strongly that the Rainsbargers
were innocent, or at least that there
was grave question of their guilt. He
vas 50 much interested that not more
than a year ago he drove over the route
from Cleves to Clifford and back to
, near Cleves which it Is alleged the
Rainsbarsers took to go to kill Johnson
then back to their home the night OF
the murder.
Mr.. Waterman probably knows more
than any other living person of the his
tory of the Rainsbsrger case and the
. governors pardon was most welcome
news to him.
| Mr.. Waterman thinks that doubtless
the Rainsbarger brothers will begin
civil actions for damages against mer
who were instrumental in securing the
convictions. Some one will have tt
pay for these thirty years Of impris-
onment," Waterman says.
i