Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1919-04-02


lsasd, simply upon Q showiny - frs0d.
Kindig told ByerA we were not SURF
THAT a fraud had been committed on
the governor He had never admitted
It 80 far AS l knew. We did not know.
either, that the inducting power which
obtained the pardon was fraud
Byers. In closing the examination,
demanded kindly to tell the commit
TIDE whether Or not he still maintained
that the whole proceedings had been
legal and fair.
Yes, sir" Kindig Informed him.
\ The hoy is where he ought TO be, and
there isn't court In Iowa today which
will set aside the action we took and
set that boy free il he should come In
and claim that he had been wronfully
and Illegally placed in the peniteniary,
and that his PARDON Is still In effect as
you claim is the case under the law.
| Il believe that We dill the right
thing. and IL The same position came
up again, I would favor taking ex-
actly the same procedure"
Older Rathbun on Stand.
| William Rathbun, Sr., was recalled
to the stand following the testimony
of Kindig. He reiterated that he had
paid Clark more than $1,000 In a;tor-
ney fees, but said this was all he had
expended.
| Byers read him a letter from some
outside person suggesting that Rath-
bun should be asked 10 explain heavy
mortgage which had been filed in Ida
county on one OF the Rathbun farms.
Rathbun said that his own farm was
not mortgasad. His son, he said, had
| recently purchased a farm of 100 acres
| at s2lT an acre, upon which there was
| heavy mortgage, County Attorney
| Charles Macomber, who was present,
and seated at the side of Byers, said
| that he had drawn up the papers in
connection with the younger Rathbun $
farm deal, and could tell all about 1t,
There was no further examination
along this line.
He was also examined in regard to
his employment of j. L. Samm!s, OF
| Sioux City. to act as his attorney in
connection with the setting aside OF
the pardon
He said be hao gone to Sioux City
and engaged Sammis 20 help him out
| If he could and had paid him re-
tanning fee Of $500.
He testified that Samnis knew OF
the proposed revocation Of the par
| don and had talked with Attorney
Clark about what was being done. He
had advised against the procedure
then Rathbun said and had said he
did not believe that Ernest Rathbun
should De Convited of perjury.
Sammis dill not represent Ernest
when the stipulstiops revoking the
1 l.r Roth
| ts.n said. Sammis did not believe any
thing cenld he done by him If the
agreement to revoke the pardon was
TO br called out.
Many Witnesses Summoned.
A long list Of witnesses was sub
poenaed to appear before the judiciary
committee of the Iowa house OF re-
representatives. when the Rathbun par
don probe was resumed yesterday az
ternoon.
Included in the list are the follow
ing:
George Clark. attorney for the Rath-
buns.
Mrs. George Clark
4. c. Johnston. Ida Grove attorney,
who was brought here from California
to testify.
Charles Msromber. county attorney
Of Ida county.
Two members Of the Ida county
grand jury.
James Kindis. of Sioux City.
Mrs. Blaise. pardon clerk in the gov
ernor,s office
Charles VIII. secretary to Governor
| Harding.
Judge Withrow. member ofthe board
OF parole. g
Go Back to Pardon.
The nature Of the investigation re-
verted back 70 he granting of the par
don instead of the making OF an agree
ment whereby the indictments voted
bv the Ida Grove grand jury were
auashed in order to set aside the par
| don of Ernest Rathbun and send MIN
back TO the peniteniary. The rescino-
ing of the pardon and the activities
of the attorney general viii come IN
for q thorough airing later in the in
vestigation according to members OF
the committee who are very oitter III
their condemnation of HaYHer Tor MS
actions.
Talk of any Impeachment has been
| practically abandoned il the state
house. and it g conceded by men Wno'
are known TO be bitterly opposed 10
Governor Harding that there Is no
| possibiiity Of Justly bringing inpeacn-
| ment proceedings against him on the
strength of the testimony which mas
been introduced so far in the nearing