Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1919-03-29
PROBE MOVES TO
PARDON REVOK|NC
HAvNER's TRAFFIC IN iNDlcT.
MsNTs INVESTIGATED az
COMMITTEE.
sYgRs CONTENDS BOY
is ILLEGALLY HELD
Revokins OF Pardon OF Ernest Rath-
bun Thru Compromise of Attorney
General May Be lllssaI-Witnesses
Testify Deal Was Made to Save At
tornsy Clark.


Testify Deal Was Made to Save Al
torney Clark.
Des Molnes. March 29'-That Ernest
Rathbun is now held Illegally in the
penttentiary and that all OF the srano
jury proceedings and indictment useo
To force the surrender of the pardon
were unnecessary, were two points
raised by Counsel, IL. W. Byers, in the
investigation OF the Rathbun pardon
today before the house judiciary COM
mittee.
A. {. johnson, Ida Grove attorney
and friend of George Clark, was on
the stand and admitted that he carried
propositions from Clark TO Attorney
General Havner by which Clark sought
to save himself from indictment IN
connection with the securing OF the
pardon The final agreement was, ne
testified, II Ernest Rathbun would
plead guilty TO perjury and surrender
his pardon, the indictments against
the father and brother and George
Clark would be quashed.
Urged Governor to Act.
But il was believed by the best at
torneys that the pardon could not be
set aside unless IL was obtained by
fraud and johnson went to Carroll
where he persuaded the governor TO
go before the grand jury and testify
y 10 a
the governor he did not believe the gov
ernor had received any OF the money the
Rathbuns paid Clark, but on account
of the suspicion that had been aroused
it would be better for the governor to
make a frank statement to the jury.
Byers then read a decision of the
supreme court 10 the effect that a per-
son who had been granted a pardon
could not surrender his constitutional
rights by agreement or stipulation, but
the witness commended that the pardon
was not genuine because obtained by
fraud.
New Charge May Result.
II was indicated after Byers read the
decision, that when Attorney General
Hayner takes the stand he will be
charged with compromising offenses to
secure surrender of the pardon when
the pardon could have been revoked
by fling with the court a motion to
expunge from the record of the pardon
board on the ground that it was lille gal.
Turns to Pardon Revoking.
The Rathbun pardon inquiry yester-
day turned from consideration Of how
the pardon was contained to an in
vestigatioR Of details of how it was re-
voked.
A. c. Johnson, wealthy Ida Grove at
| torney. who acted as intermediary be-
| tween the Havner forces. Clark, the
| Rathbuns and the governor was placed
on the stand late in the afternoon and
| told his story of what happened.
Byers raked Johnson over the
Goals" in regard 10 his activity in saw
| ing Clark and sending the boy to the
penitentiary.
After Representative Weaver and
Harrington had obtained the informa-
| ton from Johnson that the governor
| had agreed to go to Ida Grove and ap-
pear before the Ida county grand jury
and say that he was deceived when
| he obtained the pardon, Chief Counsel
Byers again qlizzed johnson.
Didn't the governor say he wasn't
interested in the matter and would not
discuss it with you?"
Johnson said, No, I don't believe he
did that
Rathbun Better Than Clark.
Don't you think young Rathbun
was more manly than Clark when he
went to prison in order to save his
father and brother" Byers asked.
| Johnson replied, by saying. well, !
never considered the pardon legal and
therefore never did consider that the
Rathbun boy had any freedom
Byers denounced Clark, Havner and
Johnson from the beginning because
of their attitude in the pardon con-
| troversy at Ida Grove.
At one time during the examination
| he asked johnson this question, And
did you know that this crowd (rnean
/ ing Havner and his state assistants)
! had even double crossed Clark by tell
| ing the grand jury that they could get
| Clark by disbarring him.
| Johnson replied that he had heard
| that thru a telegram sent him from
| Ida Grove by Edward Campbell,
lawyer. who assisted Clark in the
original Rathbun case.
Chairman Harrington and Represen-
tative Weaver put Johnson through
griIling examination in regard to the
meeting at Carroll.
Governor Harding was told thai
Havner was insisting that he (the
sovernor) would have to appear be-
fore the Ida county grand jury and
| admit he was deceived, johnson said.
Governor Knew Of Deal.
| The governor, It WAS brought out
was not planning on going to lds
i Grove nerause lie was III.
did Governor Harding know abou'
| the agreement? both Harrington ant
| Weaver asked Johnson.
| well, I don't really remember. but
think he had an idea. told him
that Havnef had gone to Des Moines
and that the agreement had really
not yet been settled and would not be
settled until he came back but that the
attorney general wanted the governor
to appear before the grand jury an6
say he was deceived. 49,
n told the governor that Il he would
come to Ida Grove it would settle the
whole Rathbun trouble and settle ev.
erything."
johnson also On further questioning
by Representative Weaver, testified
that the governor while lying in bee
in the Carroll hospital said. II still
don't really believe the girl was rap.
II ed"
II When Governor Harding appeare(
before the Ida county grand jury Ii
said he thought young Rathbun wal
guilty Of the crime Of rape.