Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1919-03-11
PRESIDING JuRlST At RAThOUN
TRIAL SAYS GOVERNOR Is
oRAsplNG AT srRAWs.
HAS NO DOUBT OF QUILT
OF CONVICTED YOUTH
Hutchinson Says. However, There
Seemed to BE Extenuatins Cireuo.
stances Which Caused Him to
Recommend Communication Of Sen.
tence.

Lake City, March ll.-Clatming tha'
Governor Harding has been "graspins
for straws 10 Justify his act" in par
doning Ernest Rathbun. Judge NJ. T..
Hutchinson of Lake City gave state
ment In which he says the governor
INDUCED himself in n stretch OF inn
asina lion" so far as the judges re-
commendation was concerned:
Following is Judge Hutchinson
statement:
At your request | am sending YOU
a statement relative TO the governors
address Thursday before the legisla-
ture on the Rathbun pardon.
"Rathbun was tried and convicted in
my court on the charge II rape, ami.
under the iudetermirate sentence law,
was given a life sentence
There were circumstances connect
ed With the case which made me feel
that the life sentence was TOO severe.
although | never had any doubt Of
Rathbuns guilt. some months after
RathbLn's conviction. and after he had
appealed his case to the supreme court,
but before his CO. defendant O'Meara,
WAS tried. Rathbun signed a written
confession OF his guilt, and later when
O'Mcara was tried. testified for the
state and corroborated that which the
young women had said concerning the
transaction,
Signs Document
"O'Neara was convicted. and some
time thereafter I received a telephone
call from Mr.. Clark OF Ida Grove, one
OF Rathbun's attorneys. asking me if
| would sign Il recommendation 10 the
governor FOR Communication Of the life
sentence to that Of term Of years.
told him that | would do so and he
then sent me 'he formal recommends :
lion for communication OF sentence
which ! signed and returned TO him
through the mail. Mr. Clark Informed
me in this talk over the phone that
kathbun was dismiss!ng his appeal to
the supreme court and was ready to
begin serving his sentence
Il had no idea that a pardon had
been asked FOR or was being consider
ed by the governor. The governor be
fore the legislature Yesterday said that
when MIR. Clark came 10 see him rel
| alive 10 pardon. he called Mr. Clark :
attention TO the fact that recommends
tons from the trial Judge and prose
cutting attorney were given great
weight in such matters anu that he
would not consider the case until
Clark obtained such recommendations
Pardon Follows.
{ The governor says that later Mr.
| Clark returned with the recommends
| tons for Communication signed by NV
self and the acting county Attorney.
and that thereafter the pardon was
granted
| I can not understand why the gov
| ernor did not insist al that time upon
! hr. Sisrhs obtaining a recommends :
ton for a pardon. signed by myself
ana the acting county attorney OF
course no such recommendation could
nave been obtained was never
given an opportunity Of expressing
myself on such a proposition for the
obvious reason that If such a proposal
| mad been made. I would have refused
making recommend for even a
communication
The governor says he took it that
| believed Rathbun innocent because
| recommended a communication of the
LIE sentence to a period 10 be fixed
ON the governor. My statement in the
| recommendation that felt a life SEN
tcnce too severe, certainly to no open
mind. would bear the Interpretation
that therefore Rathbun should be set
al liberty. In a matter Of SO much
! Importance there was no occasion for
| the governor TO indulge himself such
stretch Of Imagination in reaching a
conclusion. No serious delay would
( have been entailed b. making the d.
rect inquiry, If that was important
/ with the governor.
/ Says Governor Mistaken
In his address the governor also
/ told the members Of the Legislature