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


about the 10Th Of December, 1908, in the
county of Decatur and state Of Iowa,
did unlawfully, wilfully, fraudulently,
feloniously, deliberately, premeditat-
edly, by lying in wait, and Of his malice
aforethought, and in the manner follow
ing, make an assault in and upon the
body and person of one Eliza j. Wood
ard, then and there being, with certain
dangerous and deadly poison, to-wit,
strychnine, and certain poisons to this
grand jury unknown, then and there in
the possession and under the control of
the said Charles Woodland, and the said
Charles Woodland did then and there by
the means aforesaid, wilfully, unlaw
fully, fraudulently, deliberately, feloni-
ously, premeditatedly, and of his malice
aforethought and by lying in wait, give
and administer unto the said Eliza j.
Woodland with specific intent upon the
part of the said Charles Woodland that
the sail Eliza j. Woodland should take
and swallow said poison down into her
body and thereby and in the manner
aforesaid to poison, kill and murder the
said Eliza J. Woodland, the said Charles
Woodland then and there knowing the
said poison to be dangerous and deadly
poison, the said poison being so given
and administered by the said Charles
Woodland as. aforesaid, the said Eliza
j. Woodland did then and there take and
swallow down into her body the afore-
said deadly poison, by reason and by
means of which the said taking and
swallowing down the said deadly poi
son into her body as aforesaid the said
Eliza j. Woodland then and there and
thereby became and was mortally sick
in her body of which said mortal sick
ness the said Eliza ]. Woodland did then
and there die, being then and there, in
the manner and form aforesaid, wilfully,
unlawfully, fraudulently, feloniously,
deliberately, premeditatedly, by lying
in wait, and of his malice aforethought,
poisoned, killed and murdered by the
said Charles Woodland, contrary to the
form of the statute in such case made
and provided and against the peace and
dignity of the State Of Iowa.
To this charge in the Indictment, the
defendant pleads not guilty.
The court instructs the jury that it is
incumbent upon he state to prove
ovanv rootor;.l olIooo t;on of tho ;n1;ot
ment as therein charged. The law
raises no presumption against the de-
PENDANT and nothing is to be taken by
implication against him. He is presum
ed innocent of the crime with which he
is charged until proven guilty beyond a
reasonable doubt; and in order to con
Wet him Of the crime charged in the in
dictment, every material fact necessary
to constitute such crime must be proven
beyond a reasonable doubt; and should
you entertain a reasonable doubt upor
any single fact or element necessary tc
constitute the crime, it is your duty tx
give the defendant the benefit of thai
doubt and acquit him.
The jury are instructed that the
reasonable doubt that entities an ac
cused to an acquittal, is doubt o
guilt reasonably arising from all thu
evidence in the case; and, in consider
ing this case, the jury should not go be
You'd the evidence to seek for doubts
nor should you entertain such doubts al
might arise from mere caprice O
groundless conjecture. A doubt to jus
tify an acquittal must be REASONABLE
one, and must arise from a candid an,
impartial consideration of all the evi
dence in the case. 1t should be such
doubt as would cause a reasonable, pru
dent and co1siderate man to hesitat
and pause before acting in the grave
and moro important affairs of life.
If, after careful and impartial con
sideration of all the evidence in tn
case, you can say and feel that you hav
an abiding conviction of the guilt of tn
defendant, and are fully satisfied of tn
truth of the charge, then you are salts
fed beyond reasonable doubt.
The crime charged against the dc
PENDANT in the Indictment is murder i
the first degree. 1t will therefore
necessary for the court to define tina
crime as it is known. to our law.
Whoever kills any human being wit
malice aforethought, either express G
implied, is guilty Of murder.
Ali murder that is perpetrated b
means Of poison, or attempt to perpe
trate any arson, rape, robbery, mayhel
or burglary, is murder in the first de
gree.
By malice is meant not only ange
hatred and revenge, but any other III
lawful and unjustifable motive. 1t
not confined to illwill against the il
dividual, but it is intended to denote a
action flowing from any wicked or col
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