The Leon reporter. (Leon, Iowa) 1887-1930, 1901-11-21
DR.. CROFFORD FOUND GUILTY.
JURY AGREES ON VERDICT ON THE FIRST
BALLOT. BEING OUT FIVE HOURS.
Thirteen Years at #. Madison is the Sentence by
Judge Towner.

is murder in the second degree, in tina
the defendant caused and produced al
unnecessary abortion, or miscarriage
upon one Maud Stone, which resulted
in her death. 1t will be proper for tn,
court to define that crime as it is known
to our law.
Ii any person cause or attempt al
abortion, or miscarriage, which result,
in the death of the woman, and which
is not necessary to save her life, he is
guilty of murder in the second degree
Before the state will be entitled to {
conviction upon said charge, it mus,
establish the following essential ele
mentS:
Flrst-That the defendant administer,
ed to Maud Stone some drug, or drugs
or used a certain instrument, or instru
ments, or both, as charged in the indict
ment;
Second-That at such time the said
Maud Stone was a pregnant woman;
Third-That said drug, or drugs, were
administered, or such instrument. O,
instruments were used wilfully and with
the intent to thereby produce a miscar.
riage of the said Maud Stone;
Fourth-That such miscarriage was
not necessary to save the life of the
said Maud Stone;
r1.r, ~,
FIfth-That the death of the said
Maud Stone was caused thereby.
In regard to the first essential. to.wit:
that defendant administered drugs to.
or used instruments upon Maud Stone.
you are instructed:
The state must show that the defend.
ant, at the time and place charged in
the Indictment, administered to the
SAID Maud Stone some drug, or drugs,
or used a certain instrument. or instr,,.
ments, upon the person of the said
Maud Stone, or both administered such
drugs and used such Instruments.
Ii this is sustained by the evidence
then, as to this element, you would be
justified in finding for the state. If NOT
sustained, your verdict should be for the
defendant.
Regarding the second requisite, to-wit:
the pregnancy Ut Maud Stone. Won are
instructed:
1t must be shown that at the time
when such drugs were administered, or
instruments used, if you find they were
administered or used, the said Maud
stone was a pregnant woman. Preg.
nancy means with child; and a woman
is pregnant, within the meaning of the
law, from the period of conception I'M
til delivery. lift appear that at the
time when such drugs were administer.
ed, or instruments used, if you find they
were administered or used, the said
Maud Stone was a pregnant woman.
within the definition given, then, on
this issue, you would be justified in find.
ing for the state.
II, however, you do not so find, your
verdict should be for the defendant.
1t would not be sufficient for it to ap-
pear that the said Maud Stone had at
some time been pregnant. 1t must ap-
pear that at the time complained of
the said Maud Stone was pregnant. 1t
would not be sufficient if it be shown
that the said Maud Stone thought she
was pregnant; it must appear SO in fact.
In regard to the third requisite, to.
wit: The intent, you are instructed;
1t must appear that said drugs were
administered, or instruments used dur.
Ing the pregnancy of the said Maud
Stone wllfully and with the intent on
the part of the defendant to then and
there and by those means to cause or
produce an abortion, or miscarriage of
the said Maud Stone. An abortion, or
miscarriage, as it is termed in the in.
dlctment, is the act Of miscarrying, or
producing offspring before the natural
period of CESSATION, or normal delivery
and birth. 1t means the premature
bringing forth of the foetus, or child,
before its full development, and before
it is normally and fully formed for de-
livery and birth. By wilfully is meant,
intentionally, %purposely; and the viii.
full intent necessary is that the defend.
ant administered such drugs, or used
such Instruments, or both, with the de.
sign and purpose. on the part Of the de.
PENDANT then and there and by such
means to produce or cause an abortion,
or miscarriage, as herein defined, OF the
said Maud Stone. If you find such viii.
full intent shown by the evidence you
would be justified on this issue in and.
ing for the state. But if you do not so
ind, your verdict should be for the de.
PENDANT.
1t must also be shown, as a fourth
requisite, that such miscarriage was not
necessary to save the life of the said
Maud Stone. 1t will be necessary for
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