Leon Reporter, Leon, Iowa
Thursday, May l, l902
'Ira Hammond on Trial at Mt. Ayr for the Murder of Miss Maude Stone.'
More Witnesses and Defendant's Testimony:
GEORGE EVANS, testified that in a conversation some time ago EMORY DRISCOLL told him he was to receive $l60 for testifying in this case. That he had arranged so he could put his hands on $l50 and he believed he could just as well have gotten $500 or $l,000.
W.E. DRISCOLL, a half brother of the witness, EMORY DRISCOLL, saw him the night before he testified before the grand jury, and at that time he told him that M.F. Springer and others had promised to pay him money and settle his doctor bills. At another time Emory said that if they did not pay him the money he would turn state's evidence. That they promised to set him up in business and he would never want for anything.
LEVI BROOKS, of near Lamoni, who is a cousin by marriage of MAUDE STONE, testified to a conversation with Emory Driscoll at his home in which he said he got a dollar and a railroad ticket to Leon when he went to testify, and that he was to be doctored if he testified, but did not say who was to pay for it.
MRS. FERD RAUCH, testified she was present when MAUDE STONE was laid out at Lamoni and helped to dress her. She was not bloated that she could notice. They put on her black silk dress and buttoned the skirt and waist without trouble.
MRS. CHARLES TEALE, testified she assisted Mrs. Rauch and gave the same testimony as to buttoning her dress and said she was not bloated. She saw some light colored stains on her skirts which looked like old stains. The clothing was dry at the time.
MRS. W.E. DRISCOLL, testified she had heard Emory Driscoll say that if Springer did not do as he had agreed he would turn state's evidence.
MELVIN CLUM, the undertaker, testified he was assisted by J.F. Hopkins in washing and laying out MAUDE STONE. He thought she was a very nice looking girl and did not notice any bloating or anything wrong in her appearance. He assisted in dressing her about 11 o'clock the next morning.
ED CAVE, who lives 2 l/2 miles north of Decatur, testified he saw IRA HAMMOND and his father in his timber on Jan. l2, l90l, and it was somewhere under l2 o'clock when they left the timber.
W.A. SHIPMAN, who lived on Cave's farm, swore he saw IRA HAMMOND and his father in Cave's timber about 9 o'clock on the morning of Jan. l2, l90l, and again about l2 o'clock, driving up the road toward home with a load of wood.
ALONZO HAMMOND, father of IRA HAMMOND, testified he and IRA went to Cave's timber on the morning of Jan. l2, and left the timber with a load of wood about l2 o'clock and drove home, a distance of l 3/4 miles. Though IRA left home that afternoon about l:30 o'clock on horseback, riding a bay horse. Did not know when he returned, and next saw him at the house about 9 o'clock that night.
MRS. M.F. SPRINGER, was again called to state that the dress in which MAUDE STONE was dressed after her death was her own dress which she had taken with her when she left home.
DR. F.A. BOWMAN, testified Dr. McAllaster, the coroner, told him the STONE family had requeted of him that the parts removed from the body be not exposed to view to other persons than the physicians.
C.B. TOWNSEND, identified another letter from MAUDE STONE to IRA HAMMOND and it was read in evidence. The letter was dated Jan. l7, l90l, and was in regard to her going to Lamoni. She wrote she would tell her folks she was going to Mt. Ayr and Cainsville on a visit, saying she said Mt. Ayr because Lamoni was on the road to Mt. Ayr and she could stop there, then go on to Mt. Ayr and then to Cainsville. She wanted him to take her to Lamoni if he could get away and if not for him to come down the next day as she wanted him to be with her as much as possible. Also that she would not take all the money with her to pay the doctor as her folks might become suspicious about her spending so much money.
ALONZO HAMMOND, again took the stand to correct his testimony as to IRA riding a bay horse to Decatur on Jan. l2, saying it was a gray mare.
IRA HAMMOND, the defendant, was then placed on the stand. He said he was 2l years old. Was at home on Jan. l2, l90l, and went to Decatur about l o'clock. Met John Woodard, who proposed getting a team and going to Leon. He went to Lunbeck's barn, got a sleigh, drove west to the square, then south a block and east to the home of Mrs. Stanley, John Woodard's mother-in-law, where Woodard got in the sleigh and they drove to Leon. Reached Leon about 3 o'clock. He went to Leon to get a prescription filled for MAUDE STONE which Dr. Eiker wrote for her. It was at her request he went. He had it filled at the drug store known as Honnold's, and took the medicine back and gave it to MAUDE STONE. They met Fred Townsend and Harry Corrington on the way back to Decatur. Arrived at Decatur between 4 and 5 o'clock. This was the only medicine of any kind he ever got for her. Did not go to Lamoni about that time. I went to Lamoni on Jan. 23, as requested by MAUDE STONE in her letter to me. Did not see her from Jan. l5 to Jan. 23, and had no word from her during that time. I rode a bay horse to Lamoni and arrived there between 4 and 5 o'clock in the evening. Put the horse in the livery barn, then went to a restaurant and got my supper. After supper went to the sanitarium and inquired for DR. CROFFORD. He was not there and I asked to see MISS STONE. The attendant went out and soon came back saying it was all right with her and I went to her room. She was dressed and sitting on a chair. I left the sanitarium at l0 o'clock or a little after, went to the restaurant, got supper and went to the livery barn and to bed. The barn was closed up when I got there. Slept in the barn that night, took breakfast at the restaurant the next morning about 7:30, stayed around a little while and then started home. Went back to Lamoni on Jan. 29 in response to a letter from DR. CROFFORD requesting my mother and I to come. Saw MAUDE and DR. CROFFORD there and remained all day. About l0 o'clock that night DR. CROFFORD came into the office with a letter to MRS. STONE and requested me to take the letter to her. I never saw DR. CROFFORD before Jan. 23, l90l. On cross examination he said he did not go to Lamoni on Jan. l2. Never went to Lamoni in a sleigh. Did not meet Dan McDowell on the way to Lamoni and let him ride with me in a sleigh to Lamoni. Don't know such a man. The prescription which I had filled at Leon I destroyed at the request of MAUDE STONE. She asked me to destroy it. On re-examination he swore he did not assist in performing an abortion on MAUDE STONE or encourage her in any way in having it done.
'STATE'S REBUTTAL.'
DANIEL MCDOWELL, who lives near Terre Haute, testified he went to Lamoni on Jan. l2, l90l, about two weeks prior to MAUDE STONE's death. He met a young man driving a team to a sleigh near Dell Wiley's house and rode with him to Lamoni. Was not positive as to who it was, as he never saw him before, but to the best of his knowledge the man was the defendant, IRA HAMMOND. He had a home made sleigh with board runners and was driving pretty fast.
ABE WELLS, who lives near Decatur, swore he had known John Woodard ever since he was born. Had a converstion with him at Townsend's bank, in Decatur, a short time ago, in which Woodard stated he would swear to anything to clear IRA HAMMOND. A few days after his father, Wm. Woodard, went on HAMMOND's bond, John Woodard came to his saw mill and in the course of a conversation asked me to give him a receipt for some money he paid me for his brother and date the receipt back to Jan. l2, as he had been to Leon with HAMMOND the same day and wanted the receipt to show it. I told him I would look at the books and see when the money was paid. The books show the check was given me between the 3d and l0th days of October.
JINK WELLS, testified he was working at the Wells mill a few days after Wm. Woodard signed HAMMOND's bond and heard John Woodard say he would swear to anything to help HAMMOND out. He also heard him make the same statement in Lunbeck's restaurant at Decatur a short time ago.
The state then introduced Joe Mullin, Sherman Robbins and Marion Dingman for the purpose of impeaching the witness, John Woodard, they all testifying his reputation for truth and veracity was bad.
When court convened Friday morning at 9 o'clock the defendant, IRA HAMMOND, was again called to the stand and testified that when he went to CROFFORD's sanitarium to see MAUDE STONE she was dressed and sitting on a chair, but laid down on the bed in about a half an hour. In explaining what he meant when he wrote to MAUDE STONE saying he had told her several times what he wanted to do, but she would not do it and now he would do as she wished, that she was the boss, he said he meant that he wanted to get married. On cross examination he said he was not going with another girl during the time he went with MAUDE STONE. Did not know the exact date of his marriage to BERTHA LAKE, but it was between eight and nine months after MAUDE STONE died. Denied he went with her as late as the summer and fall of l900. Said the girl he called Old Bus in his letters was his present wife.
DR. B.L. EIKER, testified the last date he gave any prescription to MAUDE STONE was June 22, l900.
IRA HAMMOND, then testified that when he said the day before that he took a prescription from Dr. Eiker to Leon to have filled for MAUDE STONE on Jan. l2 he meant it was a copy of Dr. Eiker's prescription which was written by MAUDE STONE.
W.C. STEMPEL, testified he was proprietor of the drug store in Leon known as Honnold's drug store in l90l, that he always preserved the prescriptions written by a physician. That he never had filled one of Dr. Eiker's prescriptions. That when a recipe was brought to a drug store not written by a physician they did not preserve them. He could not remember of ever having sold anything to IRA HAMMOND.
GEO. W. CARMEAN, the pharmacist at the same store, testified that he never sold anything to IRA HAMMOND that he could remember.
FRANK ROBBINS, testified he saw IRA HAMMOND gong with BERTHA LAKE as late as October, l900.
VERN KIER, also testified to seeing IRA HAMMOND with BERTHA LAKE in the fall of l900, as late as September.
DR. C.C. LESAN, of Mt. Ayr, examined the bottle found in MAUD STONE's box and testified it was impossible for anyone to tell what it contained, as there was not enough left in the bottle.
'STATE'S REBUTTAL'
Horatio Lunbeck, Clarence Townsend, A.J. Jones and Ed Cave were placed on the stand to support the attempted impeachment of the witness, John Woodard, all of them testifying that his reputation for truth and veracity was good.
MRS. IRA HAMMOND, testified she was the wife of the defendant. That he did not keep company with her prior to the death of MAUDE STONE.
The taking of the testimony was concluded Friday morning shortly after l0 o'clock and the arguments to the jury commenced. County Attorney A.P. Olsen made the opening argument for the state, concluding at 2:30 o'clock. He was followed by R.H. Spence for the defense, who spoke until 4 o'clock, being followed by C.W. Hoffman, who made the closing argument for the defense. Geo. W. Baker made the final argument for the state after supper Friday evening. Judge Towner then adjourned court until 9 o'clock Saturday morning.
To Be Continued . . ."Instructions to the Jury. . ."
Copied by Nancee(McMurtrey)Seifert
"With permission from the Leon Journal Reporter"
December l9, 2002