Audubon Republican. [volume] (Audubon, Iowa) 1894-1925, 1919-03-20
PLACES CREDIT WHERE
IT RIGHTFULLY BELONGS

The Rathbun pardon case has
been the subject of conversation in
Audubon during the past few weeks
just as it has been in all other locali-
ties We notice an interesting art
icle in the Carroll Herald of last
week which adds still another phase
to the already famous case. The
article is as follows:
1.-The Herald has observed with a
good deal of interest the progress or
the Rathbun pardon case, from Ida
Grove. 1t is quite evident by this
time that the case has developed
political significance not intended
when the pardon was first attacked at
Ida Grove Whereas, III. NJ. Havner,
attorny general of the state, poses as
the conseryator of justice, and the
guardian of the rights OF the OPP
pressed. he is really entitled to little
CT edit for the revocation of the par
don and the final landing of Rathbun
in the penitentiary where he belongs.
The fact seems to be that Mr.. Havner
had nothing to do with starting the
| hight that finally landed the young
| criminal in prison. His attempts to
make capital out of it now is the
most amateurish sort of political lar
| ceny.
Charles Sumner Macomber, county
attorney at Ida Grove, is the man
who started things He saw that
! Rathbun was bad man, was to es-
cape richly merited punishment by
reason of a pardon which Macomber
believed should not be given. He
started a contest in court, based on
the assumption that it was obtained
through fraud and Misrepresentation
and should be annulled. He wrote
Mr.. Havner at the time, but received
no encouragement, the attorney
general replying that there was nc
use in trying that the only way &c
get Rathbun would to have him in
dicted for perjury. For the fellow
had testified that he was innocent
then had turned states evidence
against O'Meara. his partner in crime
land had made two directly opposite
statements Nothing daunted, Ma
comber kept up the fight. writing tC
members of the legislature to The
governor and everybody else in an!
wise connected with law enforcement
He got on encouragement from MIR
Havner. but did receive some wore
OF approval from Douglas Rogers an(
lother members of the legislature. The
attorney general finally went to Ida
Grove. where the grand jury met. bu
that was after the real fight had beer
made. the case prepared for presenta
ton to the court and the grounC
work laid for what would have beer
test of the legality of the pardon
Macomber prepared to contest thu
pardon on legal grounds, but this
phase was never reached. For a
this time Hayner came into the cas'
and with his peculiarly spectacula,
way of procedure assumed control
With Judge Kennedy of Sioux City III
proceeded 10 try his case in thu
newspapers and to pose as the grea
and only protector of society in thu
Hawkeye state. But the fact of thu
business is, the legality of the pardon
was never tested in the courts as con
templated by c. $. Macomber, tn,
lawyer. Had the spectacular candi
date for governor in 1920 RENAME,
away and kept politics out of thu
case il is likely that the court would
have passed upon the legality of tn
pardon, and Raihbun would be il
prison because he could not stay out
Politics robbed Macomber of hi
achievement as "A lawyer.
Judge Albert never passed upoi
the legality of the pardon. For llav
ner by series of threats induced the
convicted man to sign away his lib
erty, and the court simply ruled up
on a stipulation made by Rathbun
surrendering his pardon and agreeing
to go to prison under the sentence
imposed at the time of the trial
There was no law to pass upon. JUS
an agreement by the defense TO go Il
prison. This was the work of llav'
ner But had Mr.. Macomber beer
allowed to handle the case the judge
would have passed upon the legality
OF the pardon, and lawyers assert
that it would have been nullifed
Havner won political notoriety, but
Macomber lost nothing where the cir
cumstances are known. He proceeded
u as lawyer, Havner played politics, but
wnn M LASTING aratif -