Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1919-03-21
Havner Files Affidavit With
Committee Investigating
Pardon.
ADMITS RATHBUN
LATER DENIED IT
Testimony Of Father Of Convicted
Rapist conflietine--Attornsy General
Appears as Witness in Legislative
Probe and Submits Records Of Case
Growing Out Of Action Setting ABIDE
Pardon.


case got under way in earnest today.
with prospects that the Judiciary com
mittee Of the Iowa house of represen-
tatives would complete the inquiry
either tomorrow night or early next
week.
In accordance with the house reso-
luton ordering the investigation, the
committee is seeking Governor Hard
ing's reasons tor granting the pardon
after the conviction Of Rathbun for
criminal assault, and also Is inQuiring
into the methods employed by Attor-
ney General Havner in obtaining its
revocation.
Mr.. Havner was the first witness
called when rhe committee began OPP
en- hearings shortly after 3 a. m. Other
witnesses expected to testify today in
clude ]. l.. Kennedy Sioux City. spe-
cial state prosecutor; George Clark,
Ida Grove Rdthoun's attorney; Charles
Hamilton, Sioux City, grand jury
clerk. and Thaddeus Smell, Ida Grove
attorney.
When he appeared before the COM
mittee recenuy Hamilton was In
structed to prepare a complete tran
script of grand jury testimony in con-
nection with that body's investisa-
ton of the pardon, which resulted In
an indictment for perjury against
Rathbun. Hamilton had this tran
cript with him today.
Aavner Brings Aff,davits.
II. NJ. n B,vner. attorney general OF
Iowa, whq called today before the
Iowa house judiciary committee In tue
Rathbun pardon investigation, pre-
scented !, sidavrs signed by the kath-
bup family declaring that William
Rathbun. Sr., gave Attorney George
CLARK $4,000 for the expressed purpose
of delivering 1t to Governor tarding
for the pardon OF Ernest ha'houn'
convicted of criminal assault.
The hearing of Attorney Genesai
Havner consumed most of the fore
noon session.
Seven afridavits carrying out claims
made concerning the granting OF the
pardon were presented by the attorney
general. Two were signed by Wliham
Rathbun, ST., two by Ernest Rathnun'
one by William Rathbun, Jr.. one by
son, Ida Grove lawyer.
Rathbun in Denial.
Special Counsel Byers asked Attor-
ney General Havner If the affidavit or
William Rathbun Sr., was not contrary
to the testimony Of William Rathbun,
ST.. before the Ida county grand jury.
Havner said Rathbun denied before
the grand jury that any OF the money
given Clark was for the governor.
The attorney general on being called
to the witness stand first rehearsed the
preliminary steps leading up to his
part in the Rathbun pardon affair
According to this testimony a c.
Johnson, Of Ida Grove, called Havner
the day the pardon was filed and asked
him (Havner) IL he had recommended
pardon.s Hayner said he tried to get
in touch with Governor Harding at
that time but found that he was out
Of the city.
Havner Submits Records.
Havner testified that he went to the
governor Dec. 81, 1918, and when he
asked the governor about the Rath-
bun pardon the governor asked: why
are you sticking your nose into this
matter?"
The attorney general said he told
Harding that II he could set aside the
pardon on the grounds Of fraud he
would do 1t and send Rathbun TO ting
renitentiary. Hayner said he read the
governor part of the transcript OF
Rathbun's testimony In which Rathbun
is said to have admitted his guilt.
Havner turned over to the commit
tee all letters and records in his pos
session concerning the Rathbun par
don.
Text Of Affidavit.
The affidavit was dated Feb. 25, 1919.
and was dictated In the presence Of
five other members Of the Rathbun
family, the document stated. IT. was
not brought out whether the affidavit
was made before or after Rathbun
testified before the grand jury which
was then In session.
Following is the affidavit OF Walliam
Rathbnn, Sr, which became a part OF
the judiciary committee's records to-
day: 4
II. William Rathbun being first
duly sworn. on my oath depose and
say that am the father OF Ern-
est Rathbup, who was convicted OF
the crime os rape In Ida county.
Iowa, in December, 1918.
"Somc time after the aand OF
Fs~ruary. 1918. George n. Clark.