Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1919-03-07
saiion absvs stated. but BY The fact
that I was never asked ~ the COVER
nor with reference 10 the matter,
pejnta te 0eoNrd. ~ ~ q

Y potuto - Voooro. "
"The form of tho Judgment In the
habeas. corpus case to which the gov
nrnor refers In Ills statement 10 as fol-
lows:
| In the District Court Of Iowa In and
| for Ida county. Ernest Rathbun. plain.
| tin, vs.. G. II. Dahlquist. sheriff Of Ida
| county. Iowa, defendant. Judgment and
| Decree. And now TO wit. on this 24th
! day of February. 1919. II being one o.
| the days OF the regular February, lsls,
| term OF the district court OF Iowa In
| and for Ida county. the above entitled
! matter coming on for hearing. upon
| consent OF all parties; the plaintih ap-
| pearing In person and by his attorney
! George II. Clare, the defendant herein,
| appearing in person AMI by MS attor-
neys, Charles Macomber county at
torney Of Ida county, ii. NJ. Havner
attorney general OF the state OF lo~a d.
j. l.. Kennedy. special prosecutor FOR
| the state Of Iowa, and j. w. kindls
special prosecutor for the state Oh
| Iowa; the matter being presented 10
the court upon the pleading OF the EVIL
dence submitted, and it appearing 70
| the court, from the admissions Of th'
parties and the proof offered. that the
allegations OF defendants answer are
.rue. and that the court has Jurisdlc-
ton. OF the parties, and OF the subJe,'
| matter.
1T is ordered: that sad writ be, and
| the same is hereby denied.
Tt is further found, adjudsed ana
| decre.d. that said pardon is absolutely
| ycid for the reasons that the same was
/ nj
/ Iowa, without the application THEREFOR
| or correspondence in connection 'He'e
! with, having been suomitteo 10 %
| passed upon by the board OF ParoI''
and no recommendation MADE oy 'n'
! board of parole to the governor IN con-
| ncction Herewith. -.
The defendant, the sheriH OF lua
| county. is therefore ordered to pFoceeu
| to the CARRYING out OF said ml'tlhus'
and to take the defendant Ernest Rath-
bun TO the state reformatory al Ana
| p,oss in accordance with the Prov
.iops Of said mittimus. and there DC
! confined in accordance with the terms
| n. said writ for the res. Of his nalurai
,fs And the costs OF this acton Is
hereby taxed 20 the defendant anu
traymsnt is rendered against the oe'
,.ndo,t in the sum OF -. NO ea-
ce,tious are taken or allowed eitheF
party to this Judgment
signed e G. Albert, Judge OF lne
sixteenth Jud.cial District Of IOWA.
accord Speaks For ltssf.
..rhis Judgment speaks for hseu,
a,d tells its own story as TO VIVA.
vos done There was also a Juds mem
uttered in another case holding the
n.rdon void because OF fraud Ihere
is no DISPUTE. These DEGREES were en-
tered bv consent OF all parties.
.Goyernor Harding IN his message
SAYS: TIT,
.. From his conversation. whNh
hoard gathered the impression 'hat
patbbun was not to be opposed IN
| INV attempt for pardon or COM
mutation OF sentence by the attorne!
generals office After the atsornes
ssn.raI,. conversation over the phone
he turned TO me and said. This 10 the
Rathbun boy who made a coh.ess,on
| which will help us in con'ictne
| O'Meara. We will have TO De iehient
| with him. and the substance OF ms
| further conversation was that Will
| ont Rathbun's confession they Woulo
| be unable TO convict UMeafa'
Passes Lie to Harding.
M such conversation ever tooh
nIaea between myself and Governor
Harding prior to the issuance or the
| nardon OF Ernest Rathbun. No such
Statement was ever made by myeeil
in Governor Hardings office or any
niece else. No such conversation
ever was uttered. l did not know
that a pardon or Communication or SEN
| fence was in any way being presented
70 the governor. nor did | know that
any was to be presented to the gov
| ernor Rathbun had already been
! convicted Of the crime upon the same
| evidence that We expected TO use III
the trial of O'Meara, and the sanie
| evidence we did use in the triai Vi
| O'Meara with only the additional eN'-
dence given by Ernest Rathbun. Inc
| only statement ever made in Gov
ernor Harding's office prior TO the
issuance Of the pardon was the state
| mont made TO me over the telephone
from Ida Grove by ]. w. kindig. m!
| assistant. when ne reported to me the
| fact that Rathbun had taken the
| stand and had testified in the trial OF
| the case Of state of Iowa VS.. Ray
| OMeara. ..
! The sole purpose Of my entering
into the investigation with reference
to the pardon of Ernest Rathoun was
that [ felt there had been gross
| miscarriage of justice and felt that
| Ernest Rathbun had not only out
| ra ged Elsie Hargens, but that he mao
bv his conduct outraged the decent
| womanhood Of Iowa. / took the course
which ] believed would secure the re-
suits. The action Of the court IN
the cancellation Of the pardon ana
the plea of guilty Of Ernest Rathpun
to the charge of perjury and MS sen
teuce to the penitentiary for ten
wears for the crime Of perjury and tor
life for the crime of rape tell their
own story with reference to Wnetner
or not | was right in the matter.
! Governor Harding takes exception
| tn the fact that | took part in the
grand jury proceedings and took part
| in the cancellation OF the pardon in
the district court OF Ida county. az
| the governor takes exceptions to send
ing q rapist where he belongs. the
| penitentiary for life. and sending
| pefiurer where he belongs. to the
penitentiary for ten years. he is well
come to do so. This pardon was is
sued on Nov 1s, 1918. Its issuance
a:a ret become known tn fha puDllc
until Dec :. 1918 and as soon as IL
did become known criticism was gem
orally made with reference to it's Is
suance. / had the interview which i