Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1919-04-15

| CD That the former schoolmate ana
law partner of the governor, James
Kendig. acting as assistant to the at
torney general during all of 1913. had
himself tried the Ernest Rathbun rape
case on behalf IF the state. and was
fully conversant with all the facts, and
that he (the Rovernor), though person
ally so advised by said kendig at an
earlier date. made no inquiry of said
Kendis or of the attorney generals Of
flee with respect thereto before grant
ing said pardon.
| (c) That Ernest Rathbun had con-
fessed in court to the commission of
the said crime by himself and OMeara
| on the trial of Ray O'Meara. in Octo-
Der, 1918.
CD That Ernest Rathhun had been
involved in a prior disgeputable Incl
dent-"something down on the border
or something here"
(e) That in the application for par
don, Ernest Rathbun openly states
that he had acquired immoral habits
and Illicit relations with women while
| down on the border and had come to
regard it as innocent amusement
and that said statement and much else
in said application were a plain warn
ing to the governo~ against hasty ac-
ton on said application.
Aware Of Grand jury Matter.
Twelfth-That the testimony shows
said William L. Harding was fully
conversant with the proceeding had at
Ida Grove which resulted in the set
ting aside of the pardon and the com
mitment OF Ernest Rathbun to the
penitentiary: that he went to Ida
Grove and testified that he was de-
ceived in granting the pardon, in order
to furnish the record that he was told
was necessary before decree cancell-
ing the pardon on the ground of fraud
could be entered; that said William
L. Harding was at that time fully
| aware of the purpose OF the state to
have Ernest Rathbun plead guilty to
the crime of perjury growing out Of
the recitals in his application for par
don and to secure a cancellation OF
said pardon by decree of court: that
said William l.. Harding was also fully
aware of the intent of the state that
upon the giving Of his testimony and
the cancellation of said pardon the in
dictments already voted against said
Clark and Rathbun, ST., would not be
returned.
Guilty Of Misrepresentation.
Thirteenth-That having so joined
| in the proceedings resulted in said de-
cree at Ida Grove. and notwithstand-
| ing he had gone on the stand before
, the grand jury. the said William L..
| Harding has been guilty Of dissimula-
ton. vacillation. evasion and misrep-
resentation as to his position and acts
of which the following are a few eX-
amples. to-wit:
(a) Tho fully aware when said par
| don was granted of the facts set forth
| in paragraph II hereof. he said in his
address TO the general assembly on
March s: Prior to the date of the ap-
| plication for the pardon I had very
| casual acquaintance with Rathbun's
attorney. George Clark, and ] had
never heard OF Rathbun and his fam
lily" io~
Oh Since the opening Of the general
assembly he expressed to Representa-
tive Finch and Senator Cobourn in
grossly obscene language. as Finch
testifies. his conviction that no rape
had been committed. and again at
| Carroll so argued with A. G. Johnston.
attorney for Elsie Hargens. but two
| days later. when he was told his going
on the stand at Ida Grove would stop
| the whole mess" he testified that he
now believed Rathbun was guilty.
| (c) He testified at Ida Grove: AS
II understood the law, once pardon
| is granted it is not within the power
Of the chief executive to withdraw 1t,
and yet in his address to the general
assembly he said: IT had. issued the
pardon in the regular and orderly way
as I conceived the law to be and II /
were in error as to the law or if I
did not have the proper record before
me those matters could have been,
and should have been. attacked before
me in a direct proceeding made by
formal application clearly setting out
the grounds on which l had commit
ted error"
(d) Immediately on first hearing OF
the pardon the attorney general went
at once to the governor and protested
and read to the governor the testi-
mony of Rathbun. The governor an
swered that he knew what the record
| WaS WUpI ne SIdHteu VIC pt1iNoii. i'tA~
the attorney general then told him
he would set it aside in court if pos
sible Notwithstanding these facts
that are not in dispute, the governor
gave out an interview while at Car
roll in which he said, referring to the
attorney general: IF he had come to
me as a man I should have told him
every angle of the case as knew 1T.
| But he would not talk and defied
him to play his hand"
| (e) That the governor knew Rath-
buns application was not to be relied
upon, for the governor testifies that in
pardon was granted. he, the governor
said of the application II would not
be surprised if he did lie. I expected
him to-
| (f) That notwithstanding said Will
liam l.. Harding had gone on the stand
at Ida Grove with full understanding
Of the arrangement and intention OF
the state as to indictments voted
against Clark and the Rathbuns, and
had sworn that he had been deceived
by Ernest Rathbun's application. In
order that said arrangement could be
4 carried out, the said William l.. Hard
ing in his address to the joint session
| OF the general assembly on March s,
1919, purposely and studiedly avoided
/ admitting that he had been deceived
and purposely deliberately and studied
~ attempted to create the impression
in the general assembly that he was
hostile to the said arrangement ana