The Leon reporter. (Leon, Iowa) 1887-1930, 1902-05-01

Friday evening. Judge Towner then
adjourned court until CLOCK Saturday
morning.
When court convened Saturday morn
ing Judge Towner proceeded to read the
instructions to the jury and the case
was given to them at $50 O'Clock. The
instructions were as follows
Instructions to the Jury.
In the District Court of the State of
Iowa, in and for Ringgold County, April
Term, 1902.
The State Of Iowa,
VS..
Ira Hammond. ~
Gentlemen of the Jury:
| The state asks the conviction of the
defendant, Ira Hammond, upon the
charge of murder in the second degree,
the case coming here for trial on a
change of venue from Decatur county,
Iowa. The indictment here was in
joint indictment against one ]. w. Croft
ford and this defendant, and was, and
is in substance as follows:
That said j. w. Crofford and Ira
! Hammond, on or about the 23d day of
/ January, 1901, in Decatur county, Iowa,
did wilfully, maliciously, feloniously,
and with malice aforethought, thrust in.
to the body and womb of one Maud
Stone, female then aud there being
pregnant with child, certain instru-
ment, the particular description Of
which is unknown 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 on the
part of the said ]. w. Croford and Ira
Hammond to produce, and did produce
miscarriage upon the said Maud Stone,
then and thereby 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 de-.
PENDANT, Ira Hammond, has entered his
his plea of not guilty.
1t will be noted by the jury that the
cause on trial is as to the defendant,
Ira Hammond alone, and this trial is
for the purpose of determining his guilt
or innocence only. Whatever may have
been done, or whatever finding may
have been made as to the other defend
ant, ]. W. Crotford, or whatever may be
your opinion as to his guilt or inno-
cence, should not in any manner influ-
ence you either for or against the de.
/ PENDANT.
The court instructs the jury that be.
fore you will be justified in finding a
verdict OF guilty against the defendant,
under the charges as set out in the in
dlctment, the state must show and
| prove, beyond reasonable doubt, that
the defendant did, at and within the
county. of Decatur, and state of Iowa,
and prior to the finding of the indiici;.
nent in this case, which was
on the 9th day Of March, 1901,
cause or produce or aid and abet in
causing or producing upon one Maud
Stone, an unnecessary abortion, or
miscarriage, (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 indict-
meut as therein charged. The law
raises no presumption against the de-
PENDANT, and nothing is to be taken by
implication against him. He Is pre-.
sumed innocent of the crime with which
he is charged until proven guilty beyond
a reasonable doubt, and, in order to
convict him of the crime charged in tho
indictment, every material fact neces.
sary to constitute such crime must be
proven beyond a reasonable doubt, and
should you entertain a reasonable
doubt upon any single fact, or element
necessary to constitute 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 doubt of gilt rea.
sonably arising from all the evidence in
! the case; and, in considering this case,
the jury should not 90 beyond the eyi.
dence to seek for doubts; nor should
you entertain such doubts as might
arise from mere caprice or groundless
conjecture. A doubt to Justify an &C.
quittal must be reasonable one, and
must arise from candid and impartia
consideration of all the evidence in the
case. 1t should be such doubt as would
cause reasonable, prudent and consid-
crate man to hesitate and pause before
acting in the graver and more important
affairs of life. If, after a careful and
impartial consideration of all the evi.
dence in the case you can say and feel
that you have an abiding conviction of
the guilt Of the defendant, and are fully
satisfied of the truth of the charge, then
you are satisfied beyond reasonable
doubt.
The crime charged in the Indictment
is murder in the second degree, in that
the defendant caused and produced, or
] aided and abetted in causing and pro-
ducing an unnecessary abortion, or mis-