Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1919-03-18
YOUTH CONSENTED TO GO TO
PRISON UNDER COMPROMISE
AGREE MKNT.
ak INDICTMENTS HAD
BEEN DRAWN ~ jury
Inside Workings Of Grand Jury Re-
gIveaied to House Judiciary Committee
vestissting Notorious Cass--Judss
Kennedy Clashes With Committees
Attorney, M. Bysrs.

IHs Moints' M"'N" TO- ''N '
mcnts were voted by the Ida county
grand jury. but only one was returned
In court during the recent grand Jury
investigation OF the Rathbun pardon
ing, G. O. Hamilton, shorthand reporter
testified before the house judiciary
committee In the Rathbun pardon
probe Yesterday.
The indictments voted. according 10
Hamilton were as follows:
William Rathbun. Jr.. and William
Rathbun ST., attempt 10 bride ana
obstruct Justice.
Ernest Rathbun. Ray O'Meara and
Ellis Piper, In connection with alleged
assault on Fern Simmons. OF Battle
Creek, Iowa,
Ernest Rathbun. perjury in his plea
for pardon to the governor.
George Fl. Clark and Ernest Rath-
bun. conspiracy to violate the law.
George Clark. attorney for Rathbun,
obstructing OF justice.
Following the hearing yesterday Mr..
Hamilton said that the six indictments
were not returned by the grand jury
because an agreement was made be-
tween the state and Clark, In which
Rathbun consented to go to the peni-
Tertiary II the indictments were not
returned.
Transcript to Be Given.
William Scott, clerk OF the Ida
county district court, and Hamilton
on advice of the attorney general ard
the house judiciary committee turned
over all the evidence and testimony
obtained from witnesses before the Ida
county grand jury.
Judge j. l.. kennedy. who also was
called as a witness. refused TO divulge
any of the happenings in the grand
jury room because, he said. he would
be violating the law. Judge Kennedy
was special prosecutor during the Ida
county probe. eA~i
After more than half an hour OF
battle OF wits between Chief COUNSEL
Byers and Judge Kennedy the com
mittee gave Judge Kennedy permission
to leave the stand and by Friday pre-
pare srrtement to the committee as
to the information he can give them.
Chief Counsel Byers during the hrst
day of the investigation yesterday did
not attempt 10 10 iHto ilit 'irtubf
stances surrounding the pardoning OF
Rathbun by Governor w l.. Harding,
but spent all his time questioning wi
nesses as to the activities of Attorney
General Havner at Ida Grove.
How Mittimus Was Obtained.
District Clerk Scott OF Ida county
told how he furnished a mittimus to
Judge Kennedy with which young
Rathbun was arrested on orders of
Hagner even tho Governor Harding had
granted pardon Mr.. Scott said:
Judge Kennedy told me that County
Attorney Macomber wanted me to fll
out mittimus for Rathbun. ] did SO,
using the date of Dec. s when l re-
ceved the procendendo from the state
supreme court.
81 did not know WHO Judge Kennedy
gave the mittimus until heard
that it had been given to the sheriff
who used it to arrest Rathbun"
Mr. Scott. besides bringing a grip
full of transcripts of evidence also
brought the two original pardons is
sued by, Governor Harding to Rathbun.
Both were made exhibits by Byers.
Judge Kennedy became quite az
gravated at Byers during the question
ing Byers insisted upon asking him
questions. Kennedy said, involving
secret testimony of the grand jury
room
II won't be fooled with by this man."
Judge Kennedy said at one time while
he was on the stand. He directed his
remarks to T. P. Harrington. chairman
of the judiciary committee II will an
swer only questions which can legally
do so.''
After much questioning and reques-
tioning Kennedy was excused until
Friday.
Mr.. Hamilton was assigned by Chief
Counsel Byers to make complete
transcript of the evidence taken in the
grand jury room. The transcript will
be ready by Friday at which time the
investigation will be reopened. -
Judge Kennedy will then be recalled
as q witness.