State v. Crofford

• Decision Date: 19 October 1903
• Parties: THE STATE OF IOWA, Appellee, v. J. W. CROFFORD, Appellant
• Court: Iowa Supreme Court

96 N.W. 889

121 Iowa 395

THE STATE OF IOWA, Appellee, v. J. W. CROFFORD, Appellant

Supreme Court of Iowa, Des Moines

October 19, 1903

Appeal from Decatur District Court.--HON. H. M. TOWNER, Judge.

INDICTMENT for murder in the second degree. The defendant was convicted and appeals.

Reversed.

V. R McGinnis, C. W. Hoffman and M. L. Temple for appellant.

Chas W. Mullan, Attorney General, and Chas. A. Van Vleck, Assistant Attorney General, and A. P. Olsen, for the State.

OPINION

WEAVER, J.

The appellant is a physician, and for several years prior to the date of the crime with which he is charged conducted a sanitarium or hospital at Lamoni, in Decatur county. Maud Stone, a young unmarried woman, about twenty-one years of age, residing with her parents upon a farm in said county, entered the appellant's sanitarium about January 22, 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. It is the theory of the state that the pregnancy was the result of an intimacy between the young woman and one Ira Hammond (who is jointly indicted with the appellant), and that at the instigation or employment of Hammond, appellant, by the use of violent and unnatural means, produced a 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 sanitarium, and there died, but avers that, if she suffered an abortion, the same had occurred before she came under his care, and that he had no knowledge thereof, or part therein. With this brief outline of the case, we proceed to a consideration of the principal points relied upon in the arguments of counsel.

I. In selecting the trial jury, one Fisher, a member of the regular panel, was called, and examined as to his competency and qualification to serve. In response to inquiries by counsel and by the court he said, among other things: "I have formed and expressed an opinion 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 of the witnesses discussing the case. I 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. Undoubtedly it would take evidence to remove that opinion. I have my mind made up at this time as to his guilt or innocence, and it would take evidence to remove it. I am not unprejudiced. I believe what I have heard. * * * I read the newspaper accounts of all the testimony that was published of all the witnesses before the coroner's jury. I believed what they swore to was true, and have that same belief now." To further questioning the juror said: "If the evidence was sufficient, I do not think my opinion would prevent my rendering a true verdict. * * * I think I would render a fair and impartial verdict. I think, notwithstanding the newspaper accounts, I could render a fair verdict upon the evidence submitted. * * * Do not think I would be influenced by what I have read."

The appellant's challenge to this juror was overruled, and upon this ruling 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 a jury of average men having no impressions 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 overruling of challenges, where, notwithstanding such impressions or opinions, it fairly appears that the juror is fair-minded and unprejudiced, and is able and willing to render an impartial verdict. State v. Bruce, 48 Iowa 530; State v. Sopher, 70 Iowa 494, 30 N.W. 917; State v. Vatter, 71 Iowa 557, 32 N.W. 506; State v. Munchrath, 78 Iowa 268, 43 N.W. 211; State v. Field, 89 Iowa 34, 56 N.W. 276; State v. Brady, 100 Iowa 191, 69 N.W. 290; State v. Bone, 114 Iowa 537, 87 N.W. 507. 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 thus established ought not to be further extended. The question to be determined by the trial court upon such a challenge is whether the juror has formed or expressed such an opinion as will "prevent him from rendering a true verdict upon the evidence submitted on the trial" (Code, section 5360); and as the juror's conduct, demeanor, and bearing in court may properly be accorded material weight in considering the facts disclosed by his answers, we are reluctant to interfere with the exercise of the court's discretion.

It must not be overlooked, however, that the right to have an impartial jury, who will hear the case calmly and dispassionately, and render a verdict upon the evidence, and the evidence alone, uninfluenced by public clamor or preconceived opinions, is absolutely essential to the proper administration of justice. To put a man upon trial before jurors who already believe him guilty--no matter how upright such jurors may be, nor how sincere their purpose not to allow their prejudices any influence upon their verdict--is to expose the accused to a hazard wholly inconsistent with the just and humane theory upon which our criminal procedure is founded. It is readily conceivable that an opinion of a defendant's guilt may be so qualified in the juror's mind as not to be a sufficient ground of challenge. For instance, a juror who says that, if the statements he has heard or read be true, then, in his judgment, the accused is guilty, is not necessarily subject to challenge. State v. George, 62 Iowa 682, 18 N.W. 298; State v. Ostrander, 18 Iowa 435; Trimble v. State, 2 Greene 404; State v. Sater, 8 Iowa 420. In such case the opinion of guilt is based upon the hypothesis that certain facts exist, but the truth of the hyothesis itself is a matter upon which the juror's mind is still open and undetermined. Where, however, the juror discovers that he has become convinced of the truth of the alleged evidence, and therefrom has reached a satisfactory conclusion of the guilt of the accused, a very different situation is presented. He may be a man of fair intelligence and pure purpose, sincerely intending to give the accused a fair trial; but what certainty is there that he can do it? It may be too much to say that no man can so far divorce himself from his settled belief in a defendant's guilt as to weigh and consider conflicting testimony and draw conclusions therefrom with the same unbiased mind and judgment which he would employ in a case concerning which he has never formed an opinion: but such happily constituted persons are, to say the least, very rare. The man and the juror are one, and the theory of the dual existence in one personality of a biased man and an impartial juror has not been so fully demonstrated that we may safely act upon it in the administration of justice. A person accused of crime should bear no greater burden than is created by the evidence produced against him on the trial, and the juror who passes upon that evidence should come to its consideration unhampered, and unembarrassed by any ready-formed convictions as to the vital fact or facts in controversy. In so far as the accused must address himself to the removal of unfavorable opinions imparted into the jury box from any other source than the sworn testimony, to that extent he is denied the fair trial which the law guaranties him. A crime of the character charged in this case becomes at once a matter of general and earnest discussion in the neighborhood in which it is committed. Theories of the guilt or innocence of suspected persons, supported by facts, circumstances, rumors and conjectures, are common topics of conversation, and it is scarcely conceivable that one who has lived in such atmosphere can avoid a mental condition which precludes his being a fair juror. This, we think, was the case with the juror Fisher. He lived in the same township with the girl alleged to have been murdered. He had heard the circumstances discussed. He had discussed them himself; had not only read substantially all the testimony against the defendant, but believed it to be true; had made up his mind. He candidly said he was not unprejudiced, and believed the truth of what he had heard. It is true that upon a somewhat persistent cross-examination the juror expressed belief in his ability to render an impartial verdict, but, however honest and sincere this estimate of his mental condition, we think the circumstances as stated by him make its correctness so doubtful that the challenge to his competency should have been sustained.

II. As already stated, the alleged criminal abortion resulting in Miss Stone's death occurred in January, 1901. That the young woman was pregnant from a date not earlier than the preceding October or November, and that this condition was the result of an intimacy with Hammond, and that he was active in advising and assisting her in bringing about a miscarriage, is sufficiently indicated by the testimony. The theory of the state is that, in pursuance of this unlawful purpose, Hammond entered into a conspiracy with appellant who, being a physician, administered the treatment by which a premature delivery was produced. There is no evidence that Hammond and appellant ever met or had communication or dealings with each other prior to January 12, 1901. On that date, which was about ten days before Miss Stone...