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

DIR. j. w. Crofford, who was charged
with murder in the second degree by
committing a criminal abortion on Maud
Stone, which resulted in her death al
his sanitarium in Lamont on Jan. %,
1901, and a complete synopsis of the
testimony was published.
County attorney Olsen made the
opening argument to the jury Wednes.
day afternoon, in which he summed up
the evidence which had been given to
the jury and on which the state asked
the conviction of the defendant. He
was followed Thursday morning by NIL.
Temple on behalf of the defense who
made an able plea for the acquittal OF
DR.. Croiiord. Thursday afternoon V.
r. McGinnis followed Mr.. Temple and
made one of the most eloquent and
mastery arguments ever heard in this
county. Certainly no client ever had
more faithful counsel, for McGinnis,
Hoffman and Temple worked hard in
every way for their client. They left
no stone unturned and worked faithful
ly to secure an acquittal. Geo. w.
Baker made the closing argument for
the state commencing Thursday evening
after supper and finishing Friday morn
ing, Mr.. Baker certainly made the argu-
ment of his life in this case and his eff.
fort evidently had considerable weight
with the jury.
Judge Towner then instructed the
jury, as follows:
Gentlemen of the jury
The state asks the conviction of the
defendant, j. w. Crofford, upon the
charge OF murder in the second degree,
the Indictment in substance alleging:
That said j. w. Crottord, on or about
the 23d day of January, 1901, in Decatur
county, Iowa, did wiltully, m%aliciously,
feloniously, and with malice nfore-
thought, thrust into the body and womb
of one Maud Stone, a female then and
there being pregnant with child, a GER
tain instrument, or Instruments, the
particular description of which is I'M
known to this grand jury, and did then
and there administer to said Maud
Stone drugs, all done for the purpose of
and with the intent OH the part of the
said j. w. Crofiord to produce and did
produce a miscarriage upon the said
Maud Stone, then and there and there
by causing the death of the said Maud
Stone, said abortion not being necessary
to save the life Of the said Maud Stone,
contrary to law.
To this charge and Indictment the
defendant, j. w. Crofford, has entered
his plea of "Not Guilty"
The court instructs the jury that be-
fore you will be justified in finding a
verdict of guilty against the defendant,
under the charge set out in the indict-
;ment. the state must show and prove,
beyond a doubt, that the defendant did,
at and within the county of Decatur,
and state of Iowa, and prior to the find
ing of the indictment in this case,
which was on the 9th day Of March,
1901, cause or produce an Unnecessary
abortion, or miscarriage, upon one
Maud Stone which resulted in her death,
as charged in said indictment.
The court instructs the jury that it is
incumbent upon the state to prove every
material allegation of the indictment as
therein charged. The law raises no
presumption against the defendant, and
nothing is to be taken by implication
against him. He is presumed innocent
of the crime with which be is charged
until proven guilty beyond a reasonable
doubt; and. in order to convict him of
ahe crime charged in the indictment,
every material fact necessary to consti-
tute such crime must be proven beyond
a reasonable doubt; and should you
entertain a reasonable doubt upon any
single fact or element necessary to o
stitute the crime, it is your duty to give
the defendant the benefit of that doubt
and acquit him.
The jury are instructed that the rea-
sonable doubt which entities an accused
to an acquittal, is a doubt of guilt rea.
sonably arising from all the evidence in
the case; and, IN considering the case,
the jury should not go beyond the evi.
dence to seek for doubts; nor should
you entertain sucn doubts as might
arise from mere caprice or %groundless
conjecture. doubt to justify an &C.
quittal must be a reasonable one, and
must arise from a candid and impartial
consideration Of all the evidence in the
case. 1t should be such a doubt as
would cause a reasonable. prudent and
.considerate man to hesitate and pause
before acting in the graver and more
important affairs of life. If after a care.
full and impartial consideration OF all
che evidence in the case, you can say
aud feel that you have ar abiding con
~,;.t;op IF tho puilt or tho dcfondont