The New York herald., 1871-12-12
THE GREAT SOCIAL EVIL.
Mrs. Byrnes, the Alleged AbOrtOniSt.
on Trial in General Sessions.
SHE is CHARGED With MANSLAUenTER.
Interesting Testimony as to ths Caa's d
the Death Of Mary Russell. .
TIE TRIAL CONTINUED TODAY.

THE TRIAL CONTINUED TO-DAY.
The trial OF Ann E. Byrnes, indicted for NAM
slaughter in the second degree IN causing, as was
alleged the death OF Mary RUSSELL by producing an
abortion, was called up yesterday morning in the
Court of General Sessions before
RECORDER HAcKETr.
Although this case created considerable exoiteD
ment during the summer, when the "rrunk Ays-
tery' was revealed, there was no difficulty expe<
rienced IN obtaining jury /
Mr.. Howe, counsel for Mrs Byrnes, interposed q
legal objection to the panel OF jurors, claiming that
the prisoner had the right to be tried by the Jurors
summoned for the December term. The jurors in
Court were empanelled for the November term.
which Judge Bedford continued up to the present.
tIme The Recorder said 1t was grave question:
but for the purposes of this trial he would override
the objection.
THE PROSECUTION.
Mr.. SULLIVAN opened the case for the prosecu.
tion' ana called v,,vv
the first Witness who testified that she lived az No.
SO East Broadway; had known Mary Russell since
last April, having occupied the same room with her
In Mrs. Buger's houses on o Tuesday night In
August OF this year the witness went with deceased
to the house OF Mrs. Byrnes the prisoner. in Clin-
ton street, between BrOome and Delaney; Mrs.
COnch opened the door; there was another lady
going out they went in; Mrs. Byrnes askeL
Mary what she could do for her. and
where she was going to live; Mary replied,
with her aunt; then Mary Russell and
Mrs. Byrnes went Into small room tOgetaer, and
they came out in three or four minutes after; the
prisoner sald to Mary that she would have her child
couple OF days. and told her to take some bilious
pills Dovers powders that night that she would
be able to walk around the whole time ana would
be well in three tour days; the prisoner told Mary
II that operation did take effect she might come
back on Tuesday week; Mary asked the prisoner TO
90 into the entry and see anybody was there, that
she was afraid or her sister; the prisoner said,
"There is nobody there's you need not be afraid; I
never know anybody that comes here, /
WHETHER THEY DIE OR Nor;n =
Mary said, Il shall not tell anybody II die who
performed the Operatton;'' the prisoner told Mary
not to eat n6 sS sa oy ar e %
alter that saw her at her sisters house the next
night after we went to Mrs Byrnes; she Was In bed
and very sick Harry Puen used to vlslt Mary very
frequently.
Mary A. COncll, sworn and examined, testified
that she resided at 116 Clinton street; In August
Mrs. Byrnes lived at Comac. L. l.; she came every
Tue sday evening to the house OF the witness and
renamed till Thursday morning; the prisoner
occupied the first floor, containing four rooms,
which she tMrs. Byrnes) said she wanted for her
family wnen they came TO the city, she left tile city
two wears ago last June TO live In the county; her
several persons came TO see her on different occa-
to have her prescribe for their complalntS her
no sign up Mary Hamin called rst with Mary Rus,
SELL and Nellie Ryan afterwards, to see MIS- Byrnes;
Mary Esss to ne se ep o
said she would ike % 70 get get any any person out out 81
asy sg a not
anything for them Mar SAID to Mrs. Byrnes that sho
Of e o. sS ne she .oa
come the following Tuesday, and she dfd; the VIII
view; view Mary Russell appeared 10 bo about twenty
years old; the Coroner showed mo . syringe with
in Mrs Byrnss
told me sle used IL TO- to produce mscarriagA
s ne Dr.
Evans trial told Mrs. Byrnes she had better givd
up the buslness she replied she did not want To get
Mary Rice sworn-I was arrested IN l1s Clinton
street, went to see Mrs. Byrnes there on the 18th OF
August and had conversation with her. CThe con-
versatlon was excluded for the presently
DR.. Bliven testified tnat at the request Of pr.
gust, at q Ridge street, and found her very much
proslrated; he prescribed the proper remediesi
he supposed that she was suffering from spontas
neous abortion but he could not tell whether It was
produced by artificial or natural means from the
cursory examination he made.
DR.. James, who had previously attended tho
and had been taking connteracting medicine; sns
said that she procured the medicine from Dr. Tuily.
made pu Of te eoay eos;
Mary Russell; found evidences OF Inflammation OF
the womb; in his opinion death was caused by
0ncer Walker % said & ne was present with Coroner
She said she thought she was about to die; that
there was an abortion produced upon her by Mrs
Byrnes, at Clinton street; that she was broughu
there, and that Mrs. Byrnes said to her MARY
Russelp tnat, in case anything should happen %
SHE MUST SAY
that DR.. Tully gave her medicine to procure the
Sergeant Brooks testified that he sent for tho
Coroner and arrested several parties In connection
MI sullivan read the dying statement OF Mary
Russell which was substantially the same as thas
The prosecution rested their case for the present.
Mr.. HOWE, In opening for
asked for the acquttai Of MRS Byrnes upon certain
technical legal points, which the Recorder over
TIE pRIsoNER's STATEMENT.
Mrs. Byrnes was then called and said she lived ID
Clinton street for many years. and never useu
visited her, and told her she had dizziness and
headache, for which she prescribed; she also said
her drink Of W ater but no treatment, and aid not
say anything to her about DR.. Tully; treat great
many ladies Tor female diseases and for cQnnne-
menis used the syringe in prescribing for female
The accused was crossexamined at great length
by Assistant District Attorney Sullivan. She said
she had many applications from women to treat
them for abortion but she refused and sent them to
said ANYTHING TO her about stopping her business;
was arrested once upon similar charge 20 this, but
was discharged; was married 10 Mr. Brundage In
and at others by the name or ByrDes.
number OF witnesses were sworn as to the good
character or the accused, and the prosecution
offered rebuttng testimony TO prove that Mrs.
Byrnes had the reputation OF being abOrti0nist.
Mary Rice was recalled ana testified that the
prisoner sald 10 her that she would produce an
abortion upon her n she guaranteed her that she
vvou hav va ha N N IA a n orda
The case will be resumed THIS morning.