Leon Reporter, Leon, Iowa
Thursday, May l, l902

'Ira Hammond on Trial at Mt Ayr for the Murder of Miss Maude Stone.'

'INSTRUCTIONS TO THE JURY'

In the District court of the State of Iowa, in and for Ringgold County, April Term, l902.

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 a joint indictment against one J.W. CROFFORD 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, l90l, in Decatur County, Iowa, did wilfully, maliciously, feloniously, and with malice aforethought, thrust into the body and womb of one MAUDE STONE, a female then and there being pregnant with child, a certain instrument, the particular description of which is unknown to this grand jury, and did then and there administer to said MAUDE STONE drugs, all done for the purpose of and the intent on the part of the said J.W. CROFFORD and IRA HAMMOND to produce, and did produce a miscarriage upon the said MAUDE STONE, then and thereby causing the death of the said MAUDE STONE, said abortion not being necessary to save the life of the said MAUDE STONE, contrary to law.

To this charge and indictment the defendant, IRA HAMMOND, has entered his plea of not guilty.

It 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 finding may have been made as to the other defendant, J.W. CROFFORD, or whatever may be your opinion as to his guilt or innocence, should not in any manner influence you either for or against the defendant.

The court instructs the jury that before you will be justified in finding a verdict of guilty against the defendant, under the charges as set out in the indictment, the state must show and prove, beyond a reasonable doubt, that the defendant did, at and within the County of Decatur, and State of Iowa, and prior to the finding of the indictment in this case, which was on the 27th day of March, l90l, caue or produce or aid and abet in causing or producing upon one MAUDE 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 indictment as therein charged. The law raises no presumption against the defendant, and nothing is to be taken by implication against him. He is presumed 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 the indictment, every material fact necessary 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 reasonable doubt which entitles an accused to an acquittal, is a doubt of guilt reasonable arising from all the evidence in the case; and, in considering this case, the jury should not go beyond the evidence to seek for doubts; nor should you entertain such doubts as might arise from mere caprice or groundless conjecture. A doubt to justify an acquittal must be a reasonable one, and must arise from a candid and impartial consideration of all the evidence in the case. It should be such doubt as would cause a reasonable, prudent and considerate 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 evidence 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 a 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 producing an unnecessary abortion, or miscarriage upon MAUDE STONE, which resulted in her death. It will be proper for the court to define that crime as it is known to our law.

If any person cause or attempt, or aid and abet in causing or attempting an abortion, or miscarriage, which results in the death of a woman, and which is not necessary to save her life, he is guilty of murder in the second degree. Before the state will be entitled to a conviction upon said charge, it must establish the following essential elements.

FIRST. That the defendant administered, or aided and abetted in administering, to MAUDE STONE, some drug, or drugs, or used a certain instrument, or instruments, or both, or aided and abetted in using a certain instrument or instruments, or both, as charged by the indictment.

SECOND. That at such time the said MAUDE STONE was a pregnant woman.

THIRD. That said drug, or drugs, were administered, or such instrument, or instruments, were used wilfully and with the intent to thereby produce a miscarriage of the said MAUDE STONE.

FOURTH. That such miscarriage was not necessary to save the life of the said MAUDE STONE.

FIFTH. That the death of the said MAUDE STONE was caused thereby.

In regard to the first essential, to-wit: That defendant administered drugs, or aided and abetted therein, or used instruments, or aided and abetted therein, upon Maude Stone, you are instructed:

To Be Continued . . ."The state must show that the defendant. . ."

Copied by Nancee(McMurtrey)Seifert
"With permission from the Leon Journal Reporter"
December 20, 2002