State v. Ward

• Decision Date: 17 December 1887
• Citation: State v. Ward, 73 Iowa 532, 35 N.W. 617 (Iowa 1887)
• Parties: STATE v. WARD.
• Court: Iowa Supreme Court

73 Iowa 532

35 N.W. 617

STATE

v.WARD.

Supreme Court of Iowa.

December 17, 1887.

Appeal from district court, Woodbury county; C. H. LEWIS, Judge.

The defendant, Fred Ward, was indicted, tried, and convicted of the crime of rape, alleged to have been committed upon the person of one Mrs. McGlashen, and he appeals.Murphy & Brost, for appellant.

A. J. Baker, Atty. Gen., for the State.

ROTHROCK, J.

1.The complainant is a married woman and the mother of three small children; the youngest of which, at the time the alleged crime was committed, was about nine months old.They resided with her husband at a country place in Woodbury county, where the husband was engaged in operating a saw-mill.The defendant is an unmarried man, and at present goes by the name of Fred Ward.He had been living in Woodbury county some two or three years, and for about eight months before the alleged crime was committed he had been working in the neighborhood of McGlashen's saw-mill.Up to the time when he went into that neighborhood his name was Redman.It does not appear for what purpose he changed his name, and it is probably not a material inquiry in the case.On Sunday afternoon, August 25, 1885, the complaining witness was at home with two of her children.Her husband was away at a neighbor's house with the oldest child.The defendant came to the house on horseback, tied his horse, and went in the house, and had sexual intercourse with the complainant.It was claimed on the part of the state that the defendant assaulted the woman, and that she resisted him, and that the intercourse was effected by force, and against her will.The defendant claimed, and so testified on the trial, that the act was done with the consent of the woman, and for a consideration in money paid to her.Two witnesses testified that they met the defendant as he was going away from the house, and some distance therefrom, and that defendant told them that he had been to McGlashen's and had sexual intercourse with Mrs. McGlashen.He did not describe the means used to effect it.

The complaining witness, among other things, testified as follows: “I was afraid of him, but I didn't dare to run, on account of my children.Well, he took right hold of me, and of course I did all I could to get away from him, and I got out to the front door at once.I almost got away from him, and he grabbed my dress, and catched hold of my arm, and I did get away from him, and almost out of the front door.He caught me by one of my arms.Well, I don't just remember, but anyhow he just lifted me, and threw me right onto the floor, and threw his weight right onto me.I made all the struggle that laid in my power.I lugged his weight and mine all over the floor as long as I had any strength.I hollered, and he put his hand over my mouth, so I couldn't holler; and then I tried to hiss the dog, and I hissed the dog twice, and he said, if I did that again, he would kill me.He had both of my hands in one of his.I have told all I did in reference to resisting him.I did all in my power.He threatened to kill me a number of times.Just once he raised his hand to strike me.He accomplished his purpose; he had sexual intercourse with me at that time.I should judge it is about a hundred yards to my nearest neighbor's, Mr. Beals.I thought they were not at home.It was about as far again to my next nearest neighbor.After he accomplished his purpose, he told me, if I ever told, he would kill me; and then he left.He did not stay there any length of time.I did not see him when he went away.When he went away I hadn't got up yet off the floor.He hurt my arm, and one of my limbs.My dress was torn.There was bruises on my arm and one of my limbs.He held my hands clasped by one of his; he held me by this process, and hurt me, and I never will be as strong as I was before.When down on the floor he had his knees right on me for a time.When he was on me I crawled on the floor, or dragged on the floor, and dragged his weight.At this time my little baby was in the cradle, and my little girl was there, but when I got up I found her down to the mill-dam, to a shanty we had down there.The child was scared almost to death.She wouldn't hardly come to me.I found her hid in a corner.Just as soon as I could get up, and get my baby, and hunt up my other child, I went away.I went to Mr. Crawford's.I did not go to my nearest neighbor, for the reason I thought they weren't at nome; the doors were all shut.”

It has appeared to us to be proper to set out this testimony, for the reason that complaint is made that the defendant was denied the right to fully cross-examine the witness.The witness was cross-examined at great length.The evident purpose of the examination was to show that she consented to the intercourse.There was not one word of her cross-examination inconsistent with her testimony as above set out.Objection was made by the state to certain questions in the cross-examination, and complaint is made because the objections were sustained.There is no merit in the objections.The questions were either repetitions of others previously answered, or they were clearly improper.We will give two or three of these questions as examples of...