Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1919-04-09
CHIEF COUNSEL IN PARDON IN.
CURRY HINTS AT IMPEAcA.
MENT PROCEEDINGS.
SAYS GOVERNOR GUILTY
OF mAlSsAsANcs IN OFFICE


Counsel II w Bygus, who directed the
Rathbun pardon probe. it was said last
night. tended to show that enough evil
dence has been collected to warrant
the Impeachment OF both Governor w.
L. Harding and Attorney General II.
Nj. Havncr.
In his brief II was said, Chief Coun-
sci Byers did not make a direct state
meat that both men should be i'm
peached but submitted and emphasized
evidence which showed his views.
However. Chief Counsel Byers did
make this reComme ndstion, according
10 reports
Governor Harding as guilty Of NAL
feasance in office because OF neglect
IL granting the pardon. Byers contend
eG that Governor Harding admitted
neglect on the stand.
Bvers also stated, II was said. that
Havner was guilty Of misconduct in
office. He contended that Havner when
lie permitted the steps leading 10 the
revocation ot the pardon was guilty
Of misconduct He quoted various sec
tons Of the code which he contenGeG
Havrer violated when he agreed 20
the steps leading % the revocation Of
the pardon.
Final Work in Srief
Following the submitting OF printed
cCp pies OF the briefs 10 the members OF
the committee. Chairman Harrington
called a secret session. At this ses
sion, IL vas said. Chief Counsel Byers
said his final thoughts were in the
brief and that he was thru with the
investigation, and that the case was
now Up TO the committee.
The committee decided to hold a
secret meeting Thursday night at
which time the deliberations on the
recommendation OF the committee 10
the Legislature Will be made.
Byers' brief was drawn up and
printed before Burt Johnson, star wit
ness, finished his testimony late yes
terday afternoon. Johnson's testimony
tended to show that Governor Harding
Knew Of the agreement which resulted
in the rsvoking OF the pardon even be-
fore he testified before the Ida county
grand jury.
Knew OF Agreement.
Johnson testified ne did not DISCUSS
the proposition of the agreement in
details with the governor. but i. was
his understanding that the governor
was told the details OF the agreement
by Thad Smell and Charles Witt. sec
Rotary to the governor.
Johnson told the committee that
Witt was told the complete plans for
sending Ratnbun TO the penitentiary
and saving George Clark, who OBJ
tanned the pardon. from being indicted.
The agreement was that Smell. Witt
and ! would leave the Carroll hotel in
the morning and see the governor
When I got up the bus boy at the
hotel told me that Witt and Smell
went out TO the hospital and sent him
back after me. When got TO the hos
pital Witt and Smell were in the room
with the governor.
When I entered the room. the gov
ernor spoke TO me as if he under
stood the complete agreement"
Byers Reads Statement.
When did the governor say this 70
you in substance" asked Byers
Byers then read this statement into
the records:
IF I go up and testify before the
Ida county grand jury and admit
was deceived will it result in the
settling Of the complete mess"
Yes" replied Johnson, Governor
Harding said that in substance"
Johnson testified that when witt
came to the the hotel from Des Moines
he conferred with Thad Smell private
Iy for more than thirty minutes
Johnson said that when Smell made
arrang enents with Witt over the
telephone to come 10 Carroll Smell told
Johnson that a proposition was on
foot that if the governor appeared be-
fore the Ida county grand jury and
testified that ne was deceived. the
Rathbun boy would be sent 10 the
penitentiary and the whole mess would
be settled.
Witt and Thorson Recalled
Witt and Thorson were both re-
called as witnesses. Witt was exam
| ned closely by Byers and members Of
the committee as to his personal
| financial ventures and in regard TO the
s2,475 deposit made by Thorson on
| Dec. 16, 1913.
Chairman T. P. Harrington ruled
| that Charles Witt. secretary to Gov
ernor Harding, must reveal in pub
| lie hearing all phases of his financial
| account concerning which he has been
| questioned.
| Witt was recalled to the witness
stand this afternoon. Last night the
governors secretary was permitted to
tell Chairman Harrington privately
about certain phases Of his financial
| records which he maintained was his
| own business and not public concern
| in the pardon Investigation.