Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1919-03-27
GOVERNOR SAYS NE IS CON-
WINGED HE MADE MISTAKE
IN RATAeUN CASE.
plsAoREEs WITH CLARK
AS TO CERTAIN DATES
n ardina Undersoss Severe Question
ing by Chief Counsel syers-ssero-
tary 70 Governor Tssti6ss at Length
III arding on Sand Again Today
Early Testimony Not Sensational.

Des Moines. March 27.-Governor
Harding, called for the first time In
the Rathbun pardon investigation yes
tcrday afternoon. began his own story
of how he happened to grant freedom
to the convicted Ida county rapist.
The governor was handled without
gloves by Chief Counsel IA. W. Byers,
and several times evinced great irri-
tation.
In his testimony the governor at
once took issue with the evidence pre-
sented by Attorney George Clark. OF
Ida Grove in regard to the obtaining
of the pardon.
Clark has repeatedly declared that
he saw the governor only once in re-
gard to the pardon, and that was
about Nov. T.
Governor Harding, when called yes
terday, declared that the conversation
with Clark took place not in Novem-
Der. but late in September, thus main
tanning the statements he made to the
legislature that he had considered the
application for six weeks before action
was taken.
Chief Counsel Byers' examination OF
Governor Harding was the seyerest OF
any 50 far during the investigation.
The executive was on the stand more
than two hours, and was recalled this
morning.
Attorney General Havner asked
Governor Harding several questions in
regard to the laws regarding pardons
and attempted to bring out to the
committee that the governor violated
the pardon laws when he granted the
pardon.
Governor Harding testified that he
believes now there is no question as
to the guilt of Ernest Rathbun.
Don't you base your opinion on the
records in the case"" Byers asked him.
Yes" replied the governor.
10 Could Have Found Out.
And" continued Pyers, you could
have obtained the same opinion if you
had, with slight diligence. investigat-
ed the case before granting the par
dom"
well, not with slight diligence"
said Governor Harding. somewhat
peeved at the way Byers put the ques-
ton. but 1 could have found it out
all right"
Governor Harding while on the
stand said that he made no investiga-
ton Of the case outside of the record
and that he made no attempt to verify
the statements made in the applica-
ton.
The governor said that he obtained
a copy of the abstract filed in the state
supreme court from either Clark or a
clerk in the supreme court and exam
ined it while on trip to Washington.
He said he obtained the abstract
when Clark came to see him for the
first time about a pardon.
He said that was during the last
week in September.
Clark a few hours before, seated in
the same chair as the governor. said
he did net see the Eovernor until either
Nov. 8 or 4 and that he was not in
Des Moines before that time to see the
governor.
Admits He Erred in Pardon.
When Chief Counsel Byers asked the
governor where his copy of the alb
stract was. If he had one. the governor
said he had given it to n soldier on the
train to Washington by mistake. He
said the soldier asked him for some
magazines and when he gave him the
magazines ne gave him the abstract.
During the examination Byers asked
Governor Harding this question:
III at the time you had granted the
pardon you knew then what you know
now, would you have granted the par
DOM"
mo. wouldn't" replied Governor
Harding.
"Then why didn't you call in the
parole board and let the pardon be
issued in the customary way" asked
Byers.
My mind was made up. After read
ing the abstract given me by Clark
and the recommendations for clemen-
cy signed by the presiding Judge and
the county attorney I thought the, boy
innocent"
Warm Under the Collar.
Byers asked him this question sew
eral times: you did not make any at
tempt to investigate the case outside
of these letters and abstract"
II have told you no several times
already" said the governor. "No."a
Isn't it true that when you granted
the pardon you suspended all the rules
Of the parole board?' Byers asked the
governor. -
mo, i don't think so.' was the GOV
ernor's reply. II just didn't use all the
agencies of my Office
Once during the examination Cover
nor Harding began making a state
ment starting, 7 may have made a
mistake" he was interrupted witt,
further questioning
Following is a running account Of
the governors testimony:
Questions by Byers and answers by
Governor Harding.