Omaha daily bee., 1919-03-22
GOVERNOR
| 0 " A
HITS BACK
AT HAVNER
Declares Rathbun Affidavit,
Containing Charge Part Of
Bargain With Attor-
ney General.

.Des Moines, March 2l,-"Any ill-
timations that | received money for
the pardon of Ernest Rothbun, or in
any way acted corruptly in the mat
ter are so utterly preposterous thai
| do not consider it necessary to
dignity them with denials." said
Governor w. L. Harding of Iowa
tonight in relation to sensational
testimony given at the legislature
hearing today.
The affidavit, of William Rath.
bun, sr., was made after he had tes-
titled before the Ida county grand
jury, and as Havner admitted to the
committee, his grand jury testimony
was quite contrary to that in his
affidavit in reference to me-"
The governors statement was
caused by an affidavit introduced as
evidence by Attorney General H.
M. Havner, in which William Rath-
bun, father of the pardoned youth,
asserted he gave $4,000 in currency
to his attorney, George Clark, with
,the understanding that it was to go
to the governor,
Part of a Bargain.
"The affidavit was merely a part
of the bargain entered into by the
Rathbun family and Havner to save
members of the family other than
Ernest Rathbun from prosecution in
connection with the latter's appeal
for pardon" the governor added.
The governor referred to the tes-
timony before the committee last
Monday of c. o. Hamilton, Sioux
City, clerk of the Ida county grand
jury, to the effective that indict-
ments were voted by that body
against Ernest Rathbun and his IA
ther and brother, but the only one
actually returned was against Err
nest Rathbun for perjury.
Rathbun's Affidavit.
William Rathbun, an Ida county
farmer, in the affidavit referred to
regarding the pardon of his
son, Ernest, after conviction OF
criminal assault, declared he gave
George Clark, his attorney, $1,000
for the expressed purpose Of deliv-
ering it to Governor w. L. Harding
for the pardon.
The affidavit was presented as
evidence by H. M. Havner, state at
torney general, the first witness call
ed today. 1t was dated February Is,
1919, and was dNtated in the pres
ence of five other members of the
Rathbun family, the affidavit stated.
Asked About Pardon.
Havner testified he went to Gov
ernor Harding December 81, 1918,
and when he asked the goernor
about the Rathbun pardon, the chief
executive asked: X
why are you sticking your nose
into this matter?"
The witness said he then I'D the
governor he would endeavor to set
aside the pardon on the grounds Of
fraud. Subsequently Rathbun was
rearrested by order of Havner on
the ground that The governor had
exceeded his authority, since the
pardon had never been presented to
the state pardon board for action.
Seven affidavits in support of
claims of the state in connection
with the granting of the pardon
were presented by Mr.. Havner. Two
were signed by William Rathbun,
sr.; two by Ernest Rathbun, one BY
William Rathbun, jr.; one by Fred
Rathbun and one by A. c. Johnson,
an Ida Grove attorney.
Kennedy's Testimony.
Judge J. L. Kennedy, before the
committee, reviewed evidence sub
mitted to the Ida county grand Jury.
He said that William Rathbun, sr.,
paid the money in cash to his attor-
ney, November/12; that Governor
Harding returned November l6 from
Chicago and imediately took up the
Continued on Page Seven. Column -Four. }
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