Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1919-08-18
presume I testified to 1t.

AN, MARSHALLTOWN, ~
I presume I testified to 1t.
AT the time Won yran'ad 'N's rardon
did you know that Ernest Rathbun had
not gone on the witness stand IN his
own defense?
I was under that impression.
And did you know at the time you
granted this pardon that Ernest Rath-
bun made no attempt, either by himself
or by other witnesses. to contradict the
evidence of the state as 10 the ou'-
cries OF Elsie Hargens and as to the
force used at the time and place where
this rape was alleged to have been
committed? ...
There was nothing in the abstract
about that,
SO you didn't know that, Did you
know at the time YOU granted this par
don that the defendant George Clark
was one OF the attorneys for Ray o.
Meara. who was also indicted for the
crime of rape upon Elsie Hargens at
the same time and place that Ernest
Rathbun was indicted?
I rather think l knew in general
way about the situation there.
And did YOU know that George H.
Clark, the defendant, was present a.
the time Ray O'Meara was being tried
and Ernest Rathbun testified for the
state in the case?
No. didn't know about that.
Stands For Clark.
Cross examination by NJ. Frioourg:
As a matter of fact you didn't pay
any attention to the application?
| could not say | did not pay any at
tertion to that; II was not a deter
mining factor with me.
And the question Of whether or not
any statements in the application were
or were not correct made no dtter-
ence with you in reaching your con.
clusion and in passing your Judgment
with reference to granting the par
don?
I did not go into a study of the ap-
plication.
Nor the argument of Mr.. Clarks?
No. I replied on this document filed
in the supreme court for my evidence,
and I knew the rules of the supreme
court.
Has there been any time since grant
Ing OF lIllS ldluOn W NNh '~hN
isfied in your own mind that George
Clark had deceived or had attempted
to deceive you?
During the time the hearing was on
and all this information was floating
about ! took a great deal of 1t 10 De
true and at that time il seemed to me
that Mr.. Clark had. but since that time
as I have studied the situation | nave
come TO the conclusion, as | stated mere
awhile ago. that as far as Mr.. clark
was concerned in connection with the
case that he had not done different
than attorneys generally do in mat
ter of that kind.
Do YOU feel at this time that Mr..
Clark Intentionally deceived you IN
any material matter in connection with
this pardon?
I can't feel that way
You were just about 10 add some
thing. governor. what was Il?
I was Just going TO say thought the
whole thing was a political trial ana
there had been lot injected into 1t.
Pardon Still Good.
Redirect examination by Mr.. Steven
son:
Do you believe that you have the
authority to cancel and withdraw this
pardon Of Ernest Rathbun as governor
OF the state Of Iowa?
The one that was
The one you granted.
Do think that have? l think the
power is vested in the governor of the
state Of Iowa to cancel any pardon
that he may grant providing 1t is
shown TO him or he concludes after in
vestigation that fraud or deceit was
committed in the securing OF the par
don.
In this particular case OF Ernest
Rathbun do you believe that you have
the power and authority as governor
OF Iowa TO cancel and withdraw the
pardon heretofore issued to Ernest
Rathbun?
In this particular case 1 think II 1t
was shown TO the governor or the gov
ernor was satisfied that either franc
or deceit was used in procuring the
pardon. that the power is vested in him
and him alone to cancel the pardon.
Can't you give a direct answer to
this. do you believe that you. as gov
ernor Of the state of Iowa. have the
power and authority TO cancel ana
withdraw this pardon that was issued
to Ernest Rathbun, have you the IN
herent power?
Haven't il Unless you can show frann
or deceit was issued in procuring II.
Fraud vitiates any contract and 1t VI
tiates the procuring OF a pardon, but II
Is within the power Of the party grant,
ing the pardon to decide whether 1t IL
fraud or not.
You know that this pardon to Ernest
Rathbun granted by you on the lSth
day Of November. 1918. has been can
ceIled blythe district court Of Ida coun-
~. Iowa, and Is SO marked thereon.
know there was an attempt made tc
cancel II and that II is 60 marked.
But a prirns facie cancellation of the
pardon has been made by the district
court of Ida county.
! don't so believe.
You still maintain then that this
pardon to Ernest Rathbun Is In tul
! force and effect and that he Is not ane
can not be held in the penitentiary a.
| Anarnosa under this commitment?
| In For Perjury, Not Rape.
I can't answer that question IN the
| affirmative that it is in full force and
| effect so far as he is concerned; an
not sure as a legal proposition whether
or not he can stipulate himself into the
! penitentiary; my own opinion Is tha'
| ne can not do it, and / am rather OF