Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1919-03-06
Governor Hurls Defiance at
Those Who Question
Pardon Motives.
HAyNER SCORED
FOR HIS ACTION
Nuo6s Recommendation ef cismsrey
On Part Of Judge and Prosecutor Led
Him to Believe Rathbun Was Not
Guilty Of Crime charssd-oevernor
Lays His Case Before Joint Session
Of Legislature.

Des Moines, March s.-doverno,
W. l.. Harding. appearing today be-
fore a joint session Of the Iowa lesis-
lature. hurled down the gauntlet to
those who have questioned his
motives in pardoning Ernest Rathbun,
and requested the assembly to make
a thorough investigation Of the mat
ter.
Impeachment or exoneratton" waA
demanded by the governor. a. war
ranted by an investigation Of -many
innuendos" floating about that, pos
sibly. the governor was bribed or
acted coruptly in granting the
pardon. In the investigation the
chief executive promised his "un-
divided support"
Attacks Havner Methods.
1 Mr.. Harding attacked the methods
Employed by Attorney General Havner
and assistants in securing revelation
of the pardon. declaring Investigation
would show they threatened other
jmembers Of the Rathbun family with
indictments and prosecutions" unless
they consented to the surrender Of
young Rathbun.
Power to Pardon Undoubtsd.
The governor cited several actions
of the state constitution with the
view to showing that there was "no
doubt as to the governors authority
to pardon on the record without go
ing thru the board OF parole, as many
had contended was necessary.
The Judge Of tho district court of
Ida county has not parsed upon that
point" he continued, 'but on the con-
trary did state In open court and in
the prasenco Of the attorney general
that he would not set the pardon
aside on the ground that the governor
proceeded irregularly by not referring
the matter to the board Of parole"
Acted on Courts Recommend alton.
In referring to his reasons for
pardonins young Rathbun. who re-
Gently was sent to the Anamosa re-
formatory to serve a life sentence for
criminal assault after his pardon had
been revoked thru agreement Of the
state and the defendant. the governor
said
Prior to the date Of application for
the pardon had very casual ac-
auaintance with Rathbun's attorney.
George Clark, and had never near i
of Rathbun and his family. When
Clark came before mo asking for a
pardon visited with him perhaps
fifteen minutes about the case.'
Mr.. Clark, tho governor said, return
ed later with a Recommendation from
the presiding Judge In the case and the
Ida county attorney who prosecuted it
that Rathbun's sentence "be commut-
ed to a period at the discretion Of your
honor, based upon an abstract Of the
record
Guilty Of Lesser Crime.
II thought IL the boy were guilty of
the crime charged" the governor con-
tinued, "the Judge and county attorney
would not recommend clemency before
he had served day in the peniten-
tiary, and I thought from their re-
, quests. coming when they did, that the
supreme pardoning power oc the state
was properly invoked to save from the
penitentiary boy who had committed
an immoral act, but was not guilty OF
the crime OF rape, as charged in the
Indictment"
Havner Asked For Lenisney.
The abstract of the record, furnished
by the judge and county attorney, and
by Mr.. Clark's application, comprised
'the information and influences
brought to bear" In the matter, the
governor said, save only this one:
The previous attitude Of the attor-
ney general himself. who, while in my
office one day. talked with parties at
Ida Grove over the phone IN reference
TO Rathbun's testimony in the O'Meara
case. (O'Meara was indicted with
Rathbun). From this conversation,
which heard, gathered the impress
sion that Rathbun was not to be op-
posed IN any attempt for pardon or
communication Of sentence by the at
4 torney generals office. After the at
torney generals conversation over the
phone. he turned to me and said:
This Is the Rathbun boy who made
confession which will help us in con-
lvicting O'Meara. We will have to be
lenient with him. and the substance
of his further conversation was that
without Rathbun's confession they
would be unable to convict O,Meara."
r. Havnsr Threatened Family.
Referring 30 the revelation of the
pardon. the governor declared "trat If
YOU viii further investigate, you will
find that threats were made by the
attorney general and his assistants to
members Of the Rathbun family that
Il: IL they did not enter into the st!pu!a-
= finn aIfrrenderinp Eafhhup opd 80
voking the pardon, indictments and
prosecutions would follow against
other members of the family and after
the defendant agreed to waive his par
don and consent to the penitentiary
sentence no further indictments fol-
: owed oos7Tree
IF was deceived as to the record
or proceeded illegally" the governor
said. tho proper place to correct