The Leon reporter. (Leon, Iowa) 1887-1930, 1905-01-26

WIou5iuA anu uiIAbWiui pun PoSC, III ouCn
quantities a5 would ordinarily produce
death, and that he did so knowingly and
purposely, and tits not shown that he
did so with an innocent or good purpose
and intention, and if you find that from
the deleterious effects of said poison so
administered the said Eliza j. Woodland
died, such an act would be murder in
the first degree and you should SO find
and return.
4 And in such case it would not be
necessary for the state to establish that
such poison was directly administered
or given; that is, that it should have
passed directly from the hands Of the
defendant to the said Eliza J.. Woodland
and thus caused her death. 1t will be
sufficient to show that it was Indirectly
done, providing it appear that for the
active, intelligent and intentional act of
defendant it would not have been taken
/ by the said Eliza J. Woodland.
In a case where murder is charged by
poison, it is not necessary to show in
what exact manner the said poison was
prepared or administered, or what exact
quantity Of said poison was prepared or
administered, or what exact quantity
was necessary to destroy life, or that
such quantity was found in the body of
the deceased. 1t is sufficient if the jury
are satisfied from all the circumstances
and beyond reasonable doubt that
death was in fact caused by the poison
unlawfully administered by the defend
ant, or that he prepared said poison and
placed it in the way for the use of the
deceased with intent to destroy her, or
advised and directed her to take it with
such intent, and that accordingly it was
taken and death was the result.
AS bearing upon the guilt or inno-
cense of the defendant, some of the
material points to which your attention
should be directed are the following:
First: Whether the defendant had
any motive to poison Eliza j. Woodland.
Second: Whether he. had the oppor-
tunity to administer the poison which
caused her death; and,
Third: Whether he had the poison in
his possession which caused her death.
AS bearing upon the question of mo-
tive it may be observed that men usu-
ally act in life upon motives. And es-
pecially where the act is a serious one
and involves serious consequences it
may be reasonably presumed that such
: act would not be committed without an
object or purpose. 1t follows that when
the subject of investigation is the COM
mission Of a crime, the showing of a
motive for the commission of the crime
strengthens the probabilities of it's
commission. And, on the other hand
the failure to show reasonable and
adequate motive will diminish the prob
, abilities of it's commission. In the case
, at bar, evidence has been introduced by
: the state and may be considered b,
) you as bearing on this issue tending tx
: show that the relations of the defendan
and his wife, the deceased, were NO
amicable and such as would naturall,
t or ought to exist between husband ant
: wife. Abuse, neglect, assaults and sucl
: like, If shown, may be considered as in
i. dicating such relations.
h On the other hand, the defendan
/ claims that no motive, or reasonabl,
: motive, is shown; that the evidence dis
t closes no enmity between the defend
S ant and his wife, and that the state
; contention as to abuse, neglect, assault
v and other acts of like character, ar
n not sustained. Evidence of this char
r acter should be carefully considered
u Not every act of impotence, resent
u ment, or even OF sudden anger, betwee
:. husband and wife would be sufficient t.
e indicate enmity and ill-will, and tn
Il jury should be cautious in drawing con
J. illusions OF adequate motive for such
l. serious act as murder from slight an
e trivial reasons.
& Evidence has also been introduced b
a the state, and may be considered b
e you as bearing upon this issue, tendin
to show that the life of the deceased
It Eliza J. Woodland, was insured for Tw
9 Thousand dollars payable, in case {
e death, to the defendant, Charles WOOD
g ard, and that the defendant, Charlie
a Woodland, knew of the existence of sal
a life insurance and that tho same wa
.. payable to him.
o If the jury find that the life of the de
n ceased was insured and payable to til
n. defendant, Charles Woodland, and tina
e the said defendant believed the sal
, policy of insurance was valid and i
r force at the time the crime is charge
% to have been committed, or even if tn
J. sid alleged policy of insurance wa
IF void and of no force and effect, yet
,r you find that the defendant thought an
believed that said policy of insuranc