Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1919-03-28

Il
called when the hearing was resumed
yesterday afternoon. He Is brother
VI Thaddeus smell and a partner In his
law tirm.
| He testified that on the morning fol-
lowing Ernest Ratheun's conviction ne
met win Rathbun, Jr., In the Office OF
Smell and Smell at Ida Grove.
| The two discussed the conviction
and the procedure 10 be followed In
making a fuyther effort to free Rath-
bun, He said he advised him 10 20 to
his own lawyers and tile an appeal 10
keep Rathbun out OF Jail as Ions as
possible.
5000 to $500.
He said they discussed the proce dure
TO be followed in making an apptica-
ton for parole and told him that .
reasonable fee for perfectins an appeal
and endeavorins TO obtain parole
would be from $4,000 to IS, 600.
He testified that VIII Rathoun and
his father had been in the office several
times in competition with the filling out
Of missionaries, but that there had
! a pardon.
He said that at no time was there
any offer made to get the Rath buns ~
give them the case, or any proposition
made 10 get him a pardon, but that he
hao been specially advised 10 go back
to his own lawyer.
Governor Takes Stand.
He was excused and Governor
Harding called to the stand He
brought with him q large number OF
documents. none OF which was shown
TO bear particularly on the Rathbur
case.
He Paid a Note.
The governor was then examined in
regard TO his financial accounts
He said he had taken up a note foI
1880 at Sioux City on Sept. 20. par
by check. the balance cash and liberty
bonds
| He was then examined in regard &c
the conference at Carroll with Ber-
johnson. Witt and Thad Smell. He
SAID they came to talk over the sit
uation at Ida Grove.
| WAS there not proposition
tina; the matter might be arranged
so that YOU would not have 10 60 &c
Ida Grove?
Al don't think it got that far
Several questions as to the con-
ference finally brought out a state
msnt from the governor that ne was
| unable TO detail the conversations al
the Carroll meeting.
Governor Was Confused.
Q.-You said yesterday that you
reached the conclusion that Rathbur
\ 10
Grove. Nov. why did you tell these
men
Al don't think I said that yes
terday.
The governor was visibly confused
for the 3rst time
A-The proposition as l understood
it was that young Rathbun was &c
plead guilty and serve his sentence
and the others go free. told them
was not interested.
| Q,-Then you were willing TO con
sent 10 the other guilty persons going
free and young Rathbun to give VI
his pardon. Didn't YOU know as 9
lawyer that they had no right to dc
that?
The governor became very much
irritated
| Questions Are Pointed.
| Q.-Were you in favor of havini
these indictments traded Off?
Al told them l was not inter
ester in the proposition, that
wanted them to so thru to the bot
tom.
Q.-You do know now that in
dictments against George Clark
VIII Rathbun, Jr., and William Rath.
bun, ST., were returned and were
traded of. You know that George
Clerk. who is guilty beyond all others
IN ths case was to go free?
| Al don't know that officially.
have read II in the newspapers
| Q.-You know now, governor, tina,
Clark was to go free and this 21-year-
old boy to go to the penitentiary FOL
] life to save Clark Have you agreed
10 this?
| Al think not
Judge Did Not Know.
| Q-You know that this agreement
was made without the knowledge even
of the Judge presiding in the Ida coun.
| ty District court Have you done any.
thing to rectify this wrong?
L i
haven't been in a position to do any
thing while 1 am being investigated
myself.
| Q-Do you know a man named Pat
WEIGH who resides in Sioux City?
Al know WEIGH family there
don't remember knowing Pat WEIGH
Q-Don't you know a man named
WEIGH who used to reside at Ids
Grove?
A-No; I don't believe 60.
/ Q-Dfd man named WEIGH o
Sioux City talk TO you about the Ratn
bun pardon?
1 A--No.
Salineer Named.
II Q@Governor, do you know of AM
reason why telephone calls should b.
going from your office to l. II. salin
ger and Mrs. L II. Salinser in Chicag'
during November?
| A.-No: I did not send them
OIL suppose that you know tina
there is a Law IN this state making
a crime to obstruct justice. and tina
the freeing OF a guilty man after. con
viction by a Jury would be Grim
under this law? g.
A.-That is not fair question.
believed that Rathbun was innocen
when I granted the pardon.
Jones On the Stand.
W. C. Jones OF Ida Grove. was the
called. He was foreman of the gran
jury which investigated. the Rathbu
/ ! 1a< ton. lie testified that indictment
vepe returned against Rathbun, O.
Aeara and Ellis Piper IN connectio
with the Samznou's case, against Ern
es. Rathbun for perjury, again,
George Clark for subornation Of Pea