The Leon reporter. (Leon, Iowa) 1887-1930, 1901-11-21

ted that under certain circumstances ar
intentional miscarriage is necessary tc
save the life of the woman. A physi.
clan. or other person, is, under such
circumstances, justified in causing an
abortion, or miscarriage, and even Il
such acts result in the death OF the
woman, they do not constitute any
crime. 1t is necessary, before a convic.
ton can be warranted for the crime
herein charged, that such conditions
shall be negatived by the state; that in
this case it be established that a ,miscar.
riage, il one is shown, was not necessary
to save the life of the said Maud Stone.
If the state has so proven, then, on this
issue, you would be justified in 80 find.
ing. If not established, you should find
the defendant not guilty.
Regarding the fifth requisite, to.wit:
That the death of the said Maud Stone
was caused thereby, you are instructed:
1t must appear that the acts before
referred to caused the death of the said
Maud Stone. If her death resulted from
any other aus whatever the defendant
cannot be convicted. If the death Of
the said Maud Stone was occasioned by
any other u than that charged, the
state is not entitled to a verdict of
guilty.
1t is admitted that one Ira Hammond
was jointly indicted with this defendant
for the crime charged. This trial is for
the purpose of determining the guilt or
innocence of the defendant, j. w. Crof.
ford alone. Whatever may be your
opinion Of the guilt or innocence of the
said Ira Hammond such belief should
not influence you either for or against
the defendant j. w. Croford.
Under our law the distinction between
an accessory before the fact and a prin.
cipal is abrogated, and, all persons con.
nected in the commission of a crime,
whether they directly commit the act
constituting the offence, or aid and abet
its commission, are alike guilty as prin.
cipals.
In the case at bar. if you find from
the evidence that the deceased herself
committed the act, or acts, which caused
or produced an abortion, if you find one
was produced, or if you should believe
Ira Hammond, or any other person
committed the act, or acts, which caused
the abortion, if one was caused, and If
you further find that such acts were ad.
vised, directed, or in any way aided and
abetted by the defendant, he would be
guilty as if he had himself committed
the said act, or acts.
Mere knowledge on the part of the
defendant or treatment on his part as q
physician with knowledge that an abor-
ton had been performed, if you so find,
but without direct part in advising, d.
recting, aiding, or abetting such abor-
ton, if one was committed, would not
be sufficient.
II IS no defense to the crime charged
that the woman consented GA miscar-
riage. If you find in the case at bar
that the said Maud Stone consented, or
ever desired. or induced the defendant
to produce an unnecessary miscarriage,
such facts, if shown, would he no excuse
or justification to the defendant if be is
shown to have committed the acts
charged.
Testimony has been allowed TO 20 to
you as to defendants willingness to
undertake abortions on others than the
said Maud Stone. Such evidence may
be considered by you as affecting or
bearing upon the good faith of the de-
PENDANT in the acts shown, and the in.
tent and motive of such acts, and .as to
the necessity for such acts.
Such evidence, if believed, should not
be allowed independent to discredit the
defendant; neither should it influence
you to return a verdict of guilty of the
crime charged, vel if you find he. may
have committed, or being willing to
commit other crimes. Unless ,youaind
the defendant committed the acts which
constitute the crime charged, by other
testimony, such evidence should not be
considered by you for any purpose or
reason against the defendant; such evi.
dence is only to be considered as bear
ing upon the good faith, intent, motive,
or necessity of the acts which must be
as facts independently established.
Much of the evidence relied on by the
state as showing the defendants guilt is
what is known in the law as circumstan.
tial evidence. 1t will be proper for the
court to instruct you as to the nature
and character of such evidence, and of
it's value in the ascertainment of truth.
Circumstantial evidence is that class
Of evidence wherein the principal fact in
issue ia to ba inferred. or dednced from