The Leon reporter. (Leon, Iowa) 1887-1930, 1903-10-29

ed of murder in the second degree for
the alleged performance of criminal
operation which resulted in the death
of Miss Stone at his sanitarium in La
moni, in January, 1901, has been receiv-
ed. The opinion is written by Judge
Weaver, who is conceded to be the
ablest Judge on the supreme bench, and
attorneys say is one of the most impor-
tant opinions which has ever been
rendered by the Iowa Supreme Court,
establishing as it does precedent in|
ruling on important questions submitted
in this case. The attorneys for DIR.
Crofford, V. r. McGinnis, Hoffman 4
jackson, of Leon, and NJ. i. Temple, of
Osceola, consider it one of the greatest
legal victories they ever won, for the
supreme court sustained them in every
one of the important reasons assigned
by them as to error on the part of the
court below in the trial of the case and
in oyerruling the motion for new
trial. The opinion will be read with
great interest by all familiar with the
case and the legal profession in general,
so we publish it in full, as follows;
The appellant is a physician and for
several years prior to the date OF the
crime with which he is charged con-
Quoted sanitarium or hospital at La
moni in Decatur county. Maude Stone,
a young unmarried woman about Il
years of age, residing with her parents
Il n1,tn fIn
appellants sanitarium about January ~,
1901, and died there one week later.
A post mortem examination revealed,
as it is claimed, evidences that she had
been lately pregnant and had suffered
an abortion. 1t is the theory of the
state that the pregnancy was the result
of an intimacy between the young wo-
man and one Ira Hammond (who is joint
ly indicted with the appellant) and that
at the instigation or employment OF
Hammond, appellant by the use OF VIC
lent and unnatural means produced
miscarriage or premature delivery OF
the foetus in which operation the young
woman received injuries causing her
death. Defendant pleads not guilty to
the charge. On the trial he admits that
Miss Stone came to his sanitarrum and
there died, but AYERS that if she suffer
ed an abortion the same had occurred
before she came under his care and that
he had no knowledge thereof or part
therein, NTH this brief outline of the
case we proceed to consideration of
the principal points relied upon in the
arguments of counsel.
1. In selecting the trial jury one
Fisher, member of the regular panel
was called and examined as to his com
potency and qualification to serve. In
response to inquiries by counsel and by
the court he said among other things,
II have formed and expressed an opin-
ion in regard to the merits OF the case.
* * = Have heard the case discussed
frequently. Have read the testimony
before the coroner's jury. Heard some
witnesses discussing the case. live at
Decatur City. She Miss Stone) lived
in the same township. Have heard the
case discussed over there and have
formed from that an opinion. Undoubt-
edly it would take evidence to remove
that opinion. have my mind made up
at this time as to his guilt or innocence,
and it would take evidence to remove
it. / am not unprecedented, ! believe
what | have heard. . . read the
newspaper accounts of all the testimony
that was published of all the witnesses
before the coroner's jury. | believed
what they swore to was true and have
that same belief now" To further
questioning the juror said, "If the evil
dence was sufficient do not think my
opinion would prevent my rendering
true verdict. think | would
render a fair and impartial verdict.
think notwithstanding the newspaper
accounts, / could render a fair verdict
upon the evidence submitted. = *
Do not think | would be influenced by
what have read"
The appellants challenge to this
juror was overruled and upon this rul-
ing error is assigned.
In these days when the story of every
alleged crime of a serious nature is
promptly heralded by the newspapers
and comes quickly to the knowledge of
the great body Of intelligent citizens of
the county, it is scarcely possible. even
if it were thought desirable, to obtain
jury of average men having no impress
sions Or opinions as to the merits of
the case. In view of this fact we have
in numerous cases refused to sustain an
appeal based upon the ovcrrulin% of
challenges. where notwithstanding such
impressions or opinions it fairly appears
that the Juror is fair minded and unpre-
JUDGED and is able and willing to rem
der an impartial verdict.
State vs. Bruce, as Iowa $50.
State VS.. Sapher, 10 Iowa 496.
State VS.. Waiter, II Iowa sos.
State VS.. Muchrath, IS Iowa 271.
State VS.. Field, 80 Iowa 30.
State VS.. Brady, 100 Iowa 1914.
State VS.. Bone, ia Iowa 542.
In the opinion of some of the members
of this court some of the cases above
cited have gone to the extreme verge of
liberality in this respect and the rule
ought not to be further extended. The
question to be determined by the trial
court upon sucha challenge is whether
the Juror has formed or expressed such
an opinion as will prevent him from
rendering true verdict upon the evil
dence submitted on the trial" Code
sec. $50: and as the jurors conduct
demeanor and bearing in court may
I,l III