Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1919-04-04


It contained fraud. but was deceived.
then II can be set aside"
Governor Was Standing Pat.
Then do you mean TO tell this COM
mittee," asked Byers, that Governor
Harding would not set thar pardon
aside even though the RthOuns ana
Clark had committed perjury
That was the opinion l got. IL
seemed to me he was going 70 stand by
The pardon" replied Havner. The
governor told me In his office that ne
based the pardon upon the records IN
The case
Chief Counsel Ryers tried to get At
torney General Havner 10 admit that
he tHavner) had violated the law IN
regard to obstructing justice a law
which had been drawn up by HaNner
and presented TO the Thirty-seVenth
general assembly.
THAT is not so, did not violate
that law" said Hayner. In good iallh
I worked TO send Rathbvn 10 the peni-
tertiary where he belonged with the
least trouble TO the girl he haa
ronged. knew that II we had TO go
IN trial we would have to put Elsie
Hargens on the stand and wreck the
li,;ls hcal.,. tha: she now has ! also
took into consideration the uncerlaln'S
OF law suits.
Asked for Reconsideration.
Uayner admitted that Clark once
had asked him If he would recommends
rsr6on for Rath0un because RatA-
bun had confessed.
81 told him" Havner testified, that
vould not recommend a pardon ana
would not recommend a commute
ton of sentence
Then YOU were mistaken when you
told this committee that YOU mad hearu
nothing of a pardon until burr Johh-
son called you from Ida Grove: ASKED
Byers.
"I said | had heard nothing in re-
gard 10 the SPECIFIC application LOT
pardon by which Rathhun got his free-
DOM" replied Havner.
Havner said that this was the uitl-
matum he issued to the enemy oe-
fore he would consider an agreement:
Governor Harding would have to
appear before the Ida county grand
jury.
Ernest Rathbun would have TO ad-
NIT he deceived the governor and o.
tanned the pardon ny fraud, therefore
iryalidating his pardon.
Byers from the outset took HaVner
To task. He first criticised him for
STAYING in the committee room While
witnesses were being examined
=. rr Aavner's Testimony.
Questions by Byers and answers by
Hayner:
O-General Hayner at the opening
of this inquiry you were told you
could call witnesses
A. That lie correct.
Q. You wsfe also told you could
have a representative here?
4. Yes. that is correct.
=. Then do you think il was proper
Cor yon to sit in here and advise with
committee members which involves
You?
a. / do not think it was improper
u. II you were-in charge OF a grand
jury Investigation would Eoa lnaye
permitted it
a. I nave had defendants come INTO
the grand jury room and make state
ment.
@. During this Investigation nave
you been in conference with editors OF
papers in Dies Moines'
A Yes. Twice.
.. Who was present with YOU
A. Clark talked with me about
pardon HI Ada Grove In september anu
told me my men had made promises
TO Rathoun. At that time TOD MN
would not recommend PARDON or
even Communication OF sentence.
Q.-Iou were mistaken tHe o'lei
day then when you SAID you mao never
heard about pardon?
Al referred TO the appllca lloh 1o'
a pardon upon when Ra'houh was
granted his freedom.
Q-Didnt you kno"' general 1t was
your duty 10 assist the governor III
setting aside the PARDON.
A.-On, yes, general pnt loiu li'e
governor the boy hao Hed 10 MN III
the abstract anu the governor lolo me
1 based the pafHon on the iecor"s III
the case.
A-Senator van Aisllhe anu MI
hInols were present dI one coh So
ton, but nothlns was SAID doout Ihe
case. Inc olheF lilhe m9sei anu MI
klndig were present.
hr. faFher at lhis point loiu Vi iiis
meeting with the governor IN REGARD
10 the issuance o. the patuoh'
Q.-Dld george tldfh ten you ne
was gong 10 Try ana get paruoh