The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-12-13
THE GREAT SOCIAL EVIL.
Another VindicatiOn Of the Law
for the Punishment Of the
Crime Of Abortion.
Conviction of Mrs. Byrnes, the
Female Rosenzweig. -
Sentenced to the State Prison
for Seven Years.

xOI SCVCn C0xSs
The seepless Nemesis which pursues crime always,
whether through the officers Of the law and the SEM
tence Of offended justice, or by the more terribld
agency of remorseiul conscience. mas Just OVER
taken another Of the fearful pests Of our social sys
tem-a professional aborttonist Yesterday In the
General Sessions, Recorder Hackett before which,
tribunal Dr.. Wolf, Lookup Evans and Rosenzweig.
were tried, convicted and sentenced to the State
Prison. Ammo E. Byrncs, one Of that horrible fra
ternity OF abortionists. was also trled convicted
and sentenced. The testimony In the case was not
confined to the circumstances attending the death
OF the young, erring and unfortunate Mary Russell,
whose death laid to the charge OF the prisoner
but extended to other cases, bearing, however, on
the principal charge, showing the wide range ia
which the accused carried on her horrible ana murS
derous practice.
The prosecution was most ably conducted BY
Assistant District Attorney Fellows whose address
to the jury In summing up was really . most Inn
pressive forensic display-scathing, solemn ana
affecting In his review OF the testimony and IN his
denunctaon or the crime and Its attending crcum.s
stances. with which the accused stood charged.
The court room was crowded from the opening
OF the doors, out through the censurable nom
attendance OF one OF the Jurors at the proper hour
some delay occurred In resumlng the trial. Re-
u
absent juror. which, it is hoped, will be not only q
lesson to him. but to all jurors sworn on the trial Of
a case, to be obedient to the Instructions Of the
Court requiring an early attendance on their part
CONTINUATION OF THE TESTIMONY
DR.. Blven was recalled by Assistant District
Attorney Fellows and testified that the prisoner mad
the reputation OF being professional abortionist
TESTIMONY OF VICTIM.
Mary Richardson said that about eighteen monthA
tbo dafnrA INF tn
ton street, Tor the purpose OF having an abortio1
produced, and that Mrs. Byrnes performed 1t by AM
instrument Tor $40.
Mr. Howe objected to this testimony, but tho
Recorder admitted t, simply for the purpose Of I'M
peachng the credi blity OF Mrs. Byrnes. who sword
that she peri an abortion upon any per-
Oiilcer Parrish and Dr. Roberts testified that the
accused was reputed to be professional apor'
inc case being closed on both SIDES Mr.. William
F. Howe then renewed the legal objections 70 tne
ceeded to address tho jury upon the facts. In an
eloquent ana iorcble ne caG ed sa %
establish the guilt OF his client.
SUMMING UP FOR THE PROSECUTION
powerful appeal In behalf OF the people, claiming
that the evidence clearly showed that mrs. byrneSi
was anu 'Ias sue vng sata
ment corroDOrated the testimony Tor the prosecu.
ton. When Colonel Fellows portrayed n lervla,
fessOnal abortOniss III New York committed. the
audience coulu scarcely refrain from giving express
sion to their appreciation In demonstrations OF ap.
pIause. The conviction Of Drs. WOln, Evans ana
kosenzweig had tended greatly to suppress thi3
crime 10 our midst ana me
s senssa ' me fea is aSorto c
THE CHARGE.
Recorder HACKETr proceeded to deliver his charge,
and after defining the law under which the pris.'
oner was indicted, instructed them That III order to
justify conviction the evidence must have estab-
lshcd the fact that on or about the 23d OF August
the prisoner employed some instrument or other
means to produce the miscarriage OF Mary Russell;
that the OF such instrument Or other means was
necessary TO preserve ner life, and that the em-
ployment OF an instrument or other means by the
prisoner directly superinduced Mary's DEATH which
occurred on the ID of september last His Honor
read copious extracts from his minutes OF the evil
dence taken the trial. and in conclusion said tlat
OF dinicnIy, the law defining the orence being sim,
pie and comprehensive. lt was for the jury to say
guilt OF the prisoner beyond any reasonable doubt.
and If so their duty under their oatls demanded
| The fury were only absent about eight minutes,
| when they returned with verdict OF Guilty"
Colonel FELLOWS moved Tor Judgment
Mr.. HOWE moved an arrest OF judgment upon the
ground that the record showed III tie case that tho
| Court had no jurisdiction.
the SENTENCE.
| Recorder HACKETT denied the motion, and IN
sentencing the prisoner sald:-"Therc Is q strange
coincidence in your case On the sd OF August last
professional aborrOnist by tine name OF DR..
SON Of young gI girl Alice Bowisby, and caused her
| death, and on that very same day and about the
| same hour you peri0rme1 q similar operation upon
| this young woman, mary Russell, winch SUPERB
4 induced her death Your indifference to the result
OF your brutal crimes Is shown by the fact tnat both
| you ana your confidential friend, Mrs. Conch, in
| whose house you were tenant whcu Or.
| Lookup Evans, another professional aoortionist.
bad been tired and convicted III tnls Court aud you
were warned OF the danger; You paid no regard to
IT, but right in the face or that warning you perpe-
trated this crime upon this poor young girl, Mary
/ Russell. IL would be waste OF time, III my
| opinion to expaiiate upon The brutal crimes and
murders which your conscience must have charged
| you with committing at this and other times. The
only duty remaining with the Court Is to send you
the State Prison for years, that being the
| highest penalty That can DC Inflicted. "
THE PRISONER
| manifested considerable mental excitement at thd
speedy determination Of the case by the jury and
the prompt sentence OF the Recorder, winch sends
her to the State Prison for years-as the lse-
corder said the heaviest pen atty the law allowed.