The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-05-19
THE EVANS ABORTION CASE.
Conviction Of Cdr" Evans OF an
Attempt at MansIaughter.
Address of Assistant District Attorney sulli-
van-Evans Sent to the tate Prison for
Three Years and Six Months-Judye
Bed'ord's Remarks Upon Pro-
iessional Abortionists

IL will be remembered that the jury In the case OF
Thomas Lookup Evans, tried for producing an
abortion upon Ann ONeill. failing to agree on
wednesday afternoon, were locked up for the night
by Judge Bedford. Long before the hour Of opening
the court the doors were besieged by persons
anxious to gain admittance to witness the closing
scene OF this memorable trial. AS soon as the City
Judge took his seat upon the bench the clerk called
the jury and the foreman announced the verdict,
which was:-"We find the prisoner guilty OF an
assault on the person Of Ann ONei with the intent
to commit manslaughter in the second degree"
Mr.. Howe moved for a new trial and also an
arrest Of Judgment basing his motion upon certain
legal considerations which he ably argued. In the
course Of his remarks he apologzed the Court for
the mpetnoslty manifested the time the jury first
brought in their verdict.
Judge Bedford accepted the apology for the appa-
rent contempt OF court, but denied the motion.
district Attorney Sullivan moved for sentence
upon Evans and in doing 80 said:-
MAY IT PLEASE THE CoURT-The best OF books has
SAID OF the hardened resolute criminals, however
they seem TO prosper and however secure they may
THINK themselves, "ther feet shall slide in due me
Your Honor has well SAID that In the conflict be-
tween Justice and crime the latter must invariably
fall. We witness here striking illustration that
quit can build 10 intrenchment that Is impregnable
infamous career. The good people OF New York
nave reason TO felicitate themselves that the
statutes against the murder OF unborn
infants Is not dead letter; and especially that the
Juries love the law and love the home virtues ana
social purity, without which our community would
SINK 10 the lowest level OF vice. hope his pun
iShment Will he the u penalty or the law.
Judge Bedford, In passing sentence. spoke as fol-
lows
Evans, considering the overwhelming evidence
against you, and the wnful perjury sou committed
when IN the witness box, l must express my great
ast0nishment that Jury OF twelve men should re-
main out all night. was determined ~ keep them
t0getner until they agreed one way or the oiher;
the jury having found the facts against YOU they
morning, after nights rejection, they have done
So from my Official experience O eight years IN TINS
court room. Delleve you to be the most consum-
mate villain ever convicted in any court OF justice
you are professional abortiOnist You have llved
thrived and prospered In your wicked career and
ings an immense fortune. Let your conviction be a
stern lesson 10 the many professional ab0rtOnlss or
TINS city, Tor on conviction they Will all learn that
neitner their ul-ROtten wealth nor their alleged
great influence VIII be or any avail when tired In
TINS court room. The same penalty now about TO be
meted out to you will unquestonably be meted out
10 every other convicted professional abOrtlOnst OF
TINS city. Three years and six months confinement
in the State Prson-the full penalty prescribed by
law.
Evans appeared to be just as callous and unfccl-
ing alter the sentence was pronounced as he was
during the trial. The remarks OF the Judge seemed
TO give great satisfaction to the audience. who,
when Evans was being removed from the bar. could
scarcely be refraned from giving vent to their APP
probation at the conviction by applause. The fact
IS worthy OF note that Two aborti0nsis have been
put ont OF the way by Judge Bedford within six
months