The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-01-27
TEE WOLFF ABORTION CASE.
Conclusion Of the Trial-"Dr." Wolff Found
Guilty Of Manslaughter In the Second
Degree and entsncsd to the State
Prison for Seven Years

sOugnt abundance To the court fo0ln drawn thituer
by the announcement that Judge Bedford would
charge the jury IN the case OF DR.. Wolf, VINO
has been on trial ior the last two days for man.
slaughter, In caussig the death Of Miss Henrietta
Gilman by producing an abortion upon her, 1t is
only at long intervals thai male or female so.caed
physicans are placed ut the criminal bar for trial,
owing In great measure, to the insuperable legal
difficulties III the way OF obtaining q conviction.
The professional abortion st Is able to command the
most eminent legal tent that money can secure.
who, on the deicnce Of indictments OF
this class inIerpose technical objections
whicn often bcsog 1uries and thus lead to
disagreement which Is tantamount to
an aclutta. This is the experience or tile cele
brated Madame Restell. DR.. Cobel ana other n0to
rlous "femae ihysicians.n
After the court was opened and the jury had an
ewered 70 their Mir. Clinton requested his
Honor to charge on o number Of points, copy OF
which was submitted to him on Wednesday
evening.
Mr.. William +. Howe, associate counsel for the
accused rose and ald:--Beiore your Honor charges
the jury there one specific request that have TO
make, end 1t Is my privilege and my desire to read
IL. IL Is that your Honor charge this jury, among
tho other requests which have been made by my
associate, "tnat the District Attorney having by
his faulress rhetoric dyed his professional hands In
the blood shed by Madame Restell that that blood
should not be laid at the door OF the defendant DR.
wolG.a
Judge Bcdford-I unquestionably so charge Amid
profound silence Judge Bedford then proceeded TO
charge tho jury foiows:--
JUDGE BEDFoRp's CHARGE.
GENTLEMEN OF THE j uRY-Ine prisoner NJ the
CRIME OF mansaughier III the second uegree. The
Statute under winch the District Attorney has
drawn the indotnent reads as foows:-"Any per-
son VINO shall ADMINISTER 10 any woman with child,
or prescribe Tor any such wolan or advise or pro-
cure her 10 take amy medicine, drug substance or
thing whatever, or shat use or employ any lnstru-
Inent Or other means whatever with intent THEREBY
10 produce the miscarriage OF any such wonail
unless the same snai have been necessary 10 pre-
serve her lie, shall, III case the death OF such
CHILD or or such woman be thereby produced, be
deemed guilty Oh granddaughter In the second dc.
gree
Before you can render verdict of guilty Of man
Slaughter In tile second degree against the prisoner
you must be SATISFIED beyond reasonable doubt
that the District Attorney has uly established the
F,st--rnat the deceased, on or before the 4fh
day OF June tine day on which the prisoner paid his
ls ys Ehs Np y4i9o Sa d Hs administer to the
deceased medicine, drug substance or thing. or did
use or employ any lnstr unent, other means what
ever, Win intenC thereby TO produce the miscarriage
oil deceased, and that sad treatment was not neces
sary TO preserve her lie.
1haiQ-Ihat by reason OF such treatment O mis-.
carriage was produced.
Foufah-rnat the miscarriage thus produced
Keeping these four facts constantly In your mind
ask you TO fellow me Tor moment as direct your
witness In behalf OF the people tells us that she is
The sister oil the deceased that deceased paid her
visit on the 2sn Of May and remained with her until
the 18TH Gay OF June, ten she died. 1t Is In evil
dence that a the request o deceased her sister called
In the prisoler. That at about ten O'Clock in the
evening OF the attn DAY of June the prisoner visited
the deceased. That deceased was then III bed: that
there was no light IN the room, save that which
room That That the SISTER 'V Of deceased thaTeupo s
1seas e 10 n ah 9 Tas ea sad ss
room. Prisoner renamed alone with the deceased
for about five minutes and then lett. The mex; day
tthe 5tn OF June, the prisoner returned about seven
the deceased; renamed but few minutes and lett.
ed AWFUL oo ii the Sdroo ane When she
had occasion to make up the bed she also found
that the bedclothes and the Clothes OF the deceased
were covered with blood OF whltish color, as II
blood were mixed With water. The sister then tells
Us that she caed upon The prisoner and asked him
qulred into the cause Of the terrible od0r The pr
soner in answer to tnese inquiries sag ' ,l M
was In the family way; that he gave her some medi-
cine and used upon her itte piece OF India RUBBER
the lea ara she would be ali rights The sister
further tells us That deceased died on the l2h day
OF June, seven days after the pflsoher's Second
4 qhe next witness called By the District Attorney
was pr. 9. G. Terry. He tells us that he assisted
DR.. Beach, the Deputy Coroner, at the pOst-nortem
examination, ana THAT the deceased was a pregnant
woman; that there were evidences Of an abortion,
causing Inflammation, which resulted IN DEATH DR..
Beach is called, and tells us that he with
DR.. Terry and further says that the child must have
been between five and six months Old at the tine Of
Suea ars the leading facts in this case aud here
repeat nat IN s evidence nS yon una as matter
son r, wa woman with child, that the prisoner
did administer medicine, or did use or employ an
instrument with intent thereby TO produce this mis-
carriage OF deceased and that said treatment was
not necessary TO preserve her life and that by rea
and that the miscarriage thus produced caused
DEATH then, gentlemen OF the Jury charge you, as
II you have any Reasonable, well.founded doubt
arising upon the evidence, that doubt y
prs sn 'G and f''ys SS SHa s seaas:
In conclusion, gentlemen permit me 70 say sacred
s sE s. Ky pscs e one S 5
ana TIE prisoner on the Other 70 Determine under
a e 81 or oa 81. only
upon II but inonenions to each and every citizen
Of ne The eyes Of the com
very Ilps: Let no false sensoliity influence
Look to Inc evidence this cae anasSs Il w ns
SSn wSSy Of b j.
cate the naesy Of Inc law You are to look neither
S1 1 yt1sg Il sSasl ss 4
inaf testimony, 50 help You GOD. And should you
be oonvnced q the pElsonsss guilt beyond that rea.
the properly Of the accused, then j ask you,
for the protection Of unborn millions, be
prompt In the rendition Of your verdict,
thereby declaring in unmistakable language
that such burning shame and 80 gross violation
Of the laws OF both God and man shall not be per-
Iuitted TO escape the punishment due SO mOnstrOus
crime perpetrated in the very heart Of community,
protesting to be Christian and to be governed by
law and good order. Gentlemen, the case Is with
you. S.-Y-vy,%siss .s.-4.ss
IT ts needless to say that the charge OF Judge
Bedford was listened to with breathless interest,
ana the habttues Of the court were unanimous IN
expressing the opinion that 1t was the most logical
and eloquent address that he has delivered 10 u
: jury since he took his seat upon the bench.
THE JURY ENLIGHTENED
After the jury were out about an hour they came
snto cours and requested his Honor instruct the
oil cal stenograpler TO read the testimony Of the