Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1919-03-06

from the penitentiary boy who had
committed an immoral act. but was not
guilty of the crime of rape as charged
in the indictment
The abstract to which | refer anC
which I was read has already been
submitted to this body and will be
found commencing on page All Of the
senate journal of the 10Th day of Feb
ruary, 1919.
The abstract this request by the
county attorney and the Judge, and the
application of Clark. are all of the in
formation I had before me and all Of
the influences that We're broughe to
bear upon me in connection with tee
granting of this pardon, save only
one, and that the previous attitude Of
the attorney general himself. who,
while in my office one day. talked with
parties at Ida Grove over the phone
in reference to Rathbun's testimony in
the O'Mera case.
May Have 9esn Dseeived.
TT may be urged that was decelv
ed in the facts and that fraud was
practiced upon me in the record which
was submitted to me. That may be
no way goes to the question. of my
acting corruptly in what 1 did. If
erred in acting upon q fraudulent re-
cord. my act was void from the begin
ming. ! know that, and every thought
full person knows it. District courts
are constantly setting aside verdicts
and granting motions for new trials
on the ground that they have commit
ted error on the record which was be-
fore them. Our supreme court often
grants rehearings and reverses itself
on the ground that it has committed
error on the record before 1t, but this
does not go against the good faith or
integrity Of the Judge. He simply re-
cognizes his mistake and proceeds to
correct 1t, and l should be the last
person to hesitate to correct mine.
When it Is believed that district
court or the Supreme Court has COM
mitted error in determining the issues
before it, either of law or of fact, the
htigants do not go into some other
tribunal but go back to the court
where the decision was rendered, pre-
senting the alleged errors to the court
and giving that court an opportunity
to correct, if it believes error has been
made. In this case, the power to par
don vested in the governor is consti-
tutional power, and the right to re-
woke the pardon likewise lies with him.
In closing. let me sum up what l
have attempted to present to you by
saying If l have acted corruptly, that
TACT should be determined and / should
be punished. If | have acted contrary
to the provisions of the statute or up
on a false record, those Questions
could have been raised before me in a
direct proceeding and my error in law
pointed out or the false record cor
rected by providing me with true
one, and tell you. gentlemen, without
any reservation whatever, that if had
found myself in error, either in law or
upon the fact, | should have been glad
to correct it and should have thanked
those who pointed out the error
The state mas right to know
whether l have acted corruptIy "a
whether have acted honestly in grant
ing this pardon, and 1t Is for you 10
determine and inform them, and In this
search you have my undivided SUP
port"
shcMe Evidence es Illness.
with his face still showino the et-
fects Of his recent illness the govef-
nor read his message In q low, slow
voice and 1t was listened to attentive
ly without demonstration.
Representative T. P. Harrington,
chairman Of the house Judiciary conf
mittee, announced that body would
vote tomorrow on it's report to tns
house concerning it's investigation Of
the Rathbun case. Mr.. Harrington to-
day, received letter from Attorney
General Havner, stating the latter was
prepared to appear with evidence N
the case.
Havnar Hits Back.
Referring to Governor Hardings adj
dress today Attorney General H. NJ.
Havner issued statement this after-
noon taking issue with some of the
points raised ~ the chief executive.
II went to the governor when
learned that pardon had been grant,
ed, which was three weeks after 1t had
been issued" he said and sought TO
discuss the matter with the governor,
whose first remark was, Why are you,
sticking your nose into this matter?'"