Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1919-03-07
HAvNER SCORES
IN COMEBACK
At GOVERNOR
GENERAL MAKES
REPLY TO ATTACK az HARD.
ING BEFORE LEGISLATURE,
QUESTION OF vERAclTY
RAISED IN RATHsUN CASE
Havner Oenounees Some Of Statements
Made by Governor and Says Hs Was
Told to Keep His Nose Out" When
He offered sdvies-3eints 70 Court
Records to Sustain His Contention,
special TO Times Republican.

RECORDS to sustain rvs SohtenNon'
Special 10 Times Republican.
Des Monies, March a statement
was issued last night 10y Attorney
General II. NJ. Hayner in reply TO the
attack made upon him by Gov, w l..
Harding in the message the governor
delivered To he legislature yesterday.
Mr.. Havner said he offered his ser
vices 10 the governor when he learned
that the governor had granted a par
don TO Ernest Rathbun, self-confessed
Ida Grove rapist
The governor told me not TO stick
my nose in the matter" HaVner said.
Attorney General Havner took ex-
ception to the statements made by the
governor in which Harding told the
legislature that certain remarks alleged
TO have been made by Havner in
tiuenced him in granting a pardon
Havner said his statement was a
falsehood and he did not make any
such statement TO Harding.
In his statement Havrer gives the
judgement OF District Judge Albert,
who revoked the pardon. in refutation
Of the statement made by the COVER
nor that Judge Albert said he revoked
the pardon because all sides agreed.
Text Of Havrer's Statement.
Attorney General Havner's statement
n full follows:
II have been asked for a statement
with reference to the message OF Gov
ernor Harding. 7 have no statement
to make except concerning the mat
tiers OF fact to which reference IL MADE
in the governors message which afect
me personally. The governor said:
Ordinarily when an official act OF
the governor is attacked. he has access
TO the office Of the attorney general
Of the state for the purpose OF counsei
and guidance. but in this case, as you
no doubt are well aware. the recources
81 that office are not only not being d.
rected to aid the governor out have
been Used in an effort to annul the
official act Of the governor N an eX-
traordinary proceeding. disregardins
entirely the right Of the governor 10
have the matter submitted to him Tor
correction II error had been made.
Rape Was Committed.
'1 did not know the issuance OF
pardon or a communication OF sentence
ives being contemplated with reference
to Ernest Rathbun until the 9TH day OF
December. 1918, three weeks after the
pardon was granted. The matter was
called to my attention by an attorney
for the state from Ira Grove. When
the matter was called to my attention
I immediately called the governors
office. 1t was reported he was out OF
town. A few days after that the gov
ernor returned. and upon his return, /
went TO hi. office to see him WITH re-
ference TO the granting OF this pardon.
When I commenced to talk with the
governor about the matter the INST
statement he made TO me was =" n!
are you sticking your nose INTO ms
matter" | told the governor thai II
was being reported by this Office that
on account OF promises had made ana
which my men had made that that was
the reasin why Rathbun had been par
doned. and that as the attorney general
Of the state, did not intend TO sit still
It was not true.
Governor Harding said he had not
made that statement I told him II had
come from his affice. and he was re-
sponsible for it. then told him knew
Ernest Rathbun had deceived him in
the application which had been filed
with him for pardon. and that
Ernest Rathbun, before the pardon was
issued. had testified in the case OF
state Of Iowa VS.. Ray OMeara on Oct.
:. 1918, admitting his guilt and admit
ting that by force he and Ray O'Meara
had committed the chime OF rape
against Elsie Hargens. I then read in
detail the testimony Of Ernest Rathbun
with reference to the incident which
testimony related with all the shock
ing details how by force Ray OMera
had held this unfortunate girl by her
shoulders and how by force Rathbutl
had taken her by the feet and commit
ted rape and how this situation was
reversed by these two boys and the
crime Of rape committed BY O'Meara
Havnsr Declares War.
Il then read TO Governor Harding
the pages from the same transcript IN
which young Rathbun denied that he
had ever been promised anything by
the attorney general o: any person
from this office.
When l had finally read the testi.
mony of Ernesl Rathhun I then said
to Governor Harding. :! do not knoN
whether Il "a! be done, but e -:
pardon ct Ernst pathhrn ran he cam
celed. / am willing to bring any sor'
Of action to undertake to cancel it,
and when I made that statement Gov
ernor Harding said he knew what thu
record was when he granted the par
don. + then :-aid, II that is the case
have nothing further to say to yol
with reference to the matter and
further said, I know that Ernest Rath.
bun Ia guilty Of the crime with whicf
he was charged, and that he is guilty
Of perjury in connection With his appli-
cation for a pardon, and II God gives
me health and strength and II a grand
jury Of seven men in Ida county Will
do their duty. and petit Jury Vi
twelve men will DO their duty, viii
see to it personally as the attorney
general Of Iowa that Ernest Rathbuf
Is sent to the penitentiary for perjury
committed in the application for "
pardon which ne filed with you
THAT ended the conversation and
Governor Harding never spoke to me
with reference to the matter Of the
pardon from that day until the day hi
appeared before the grand jury in 1da
county. There never has been time