The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-05-13
THE EVANS ABORTION CASE.


Trial Of Dr. Lookup Evans, the Alleged
Observation-Disclosures for the Prosecution.
The General Sessions was crowded yesterday, on
the occasion OF the opening day OF the trial Of Drn
Thomas Lookup Evans. charged with manslauahter
In procuring an abortion upon the person OF Ann
O'Neill.
Judge Bedford presided ami Assistant District
Attorney Sullivan appeared for the people.
The readers OF the HERALD will remember the In
tense excitement which the discovery or Dr. Evans
den and the subsequent astounding revelations
mace OF the doings there before the magistrate
caused throughout the country. After persistent
efforts the defendant succeeded in Obtaining bail,
but the authorities required $4,000 In bail security
before consent was given to his release, pending
the trial.
The prisoner occupied a seat beside his counsel,
and wore demure countenance during the pro-
ceedings IL was fitting that this case should be
brought into this court, Tor IT was here that DR..
Wolf, the abortionist, was tried and convicted and
sentenced by Judge Bedford to the State rrison for
OBTAINING A JURY.
There was not much difficulty experienced In ob-
tanning jury, Notwithstanding the great excite
ment which the wide publication of the alleged NAL
practices OF the prisoner caused throughout the
tire community In the course OF the examination
OF one OF the jurors, who SAID he had read about the
case and from such reading derived an impression
OF the case, but. notwithstanding that impression,
he could and would 90 his duty II sworn, counsel
for accused interpOsed an objection 10 this Juror
upon the ground that he was incompetent, being
necessarily biased because he had read OF the
Judge BediOrd, In reply, sad-"lf this Juror should
be excluded from iHcompetency, then no intelligent
beng that reads about any occurrence could ever
act as = Juror. hope the time Will come when the
Court OF Appeals viii review Its own decisions, and
hold that the mere naked fact OF the formation or
expression OF an opinion Is not per sufllcenr to
disqualify him, provided lie says, notwithstanding
that, he would lie cOnscientiOusy guided by the
evidence In the rendition OF his verdict Then we
viii pe able TO have more speedy administration Of
justice"
The following named jurors were sworn In for the
indlctment:-Smon L. Hunt, Hieronimus Icrold,
Gustavus A. Burgran, Edward q. Hazard, Thomas
s. Cunningham, William Ettinger. Edward M. Good
win, David Schwartz. Edward II. Frost.
THE CASE FOR THE PROSECUTION.
Assistant District Attorney Sullivan opened the
GSo BY the evicence that Evans was pro.
fessional abortionist, and used the knowledge he
obtained a. great university DESIGNED to enable
dollars Dargained with an unfortunate girl TO pro-
duce an abolition. Mr. Sullivan read with en-
phasls, DR.. Evans printed circular, in which the
virtues OF his female French periodical drops are
extolled, and characterized the crime OF abor-
ton as cold-DloOded murder
THE TES l&A0NY.
Ann O'Neil being sworn, testified that she saw
street. ,she was shown here circular, which she
Identified as the one sent her by the prisoner in
response to her letter Of inquiry In relation 10 his
ADVERTISEMENT
| The defence objected TO the Introduction Of the
circular IN evidence. Objection overruled.
She received the circular by mai; wrote to DR..
Evans in the month OF July and received this cir
cular IN reply; alter received the circular put 1t
III my yallse: saw tho attendant three or four days
/ after receiving the circular; when | received de-
fendants letter resided at % Eighth street.
controversy here occurred between The Court
and counsel for the defence as to the proprety OF
admitting the circular or lei ter as evidence. 1t was
finally admitted cOndltionally and exception taken
| Witness, contlnuing:-I enclosed directed en-.
yelope to The doctor, giving my address, aud 70.
ceived the circular III IT. saw the doctor in an office
on the second floor Of o. Chatham street; went In
the afternoon; saw his tprisoner's housekeepcr also
al the Office; when saw the doctor told him had
come there to have an aboruon procured
on me; he told me there was no other person would
answer as well as him; that he was the only and
best physician on such OCCASIONS; he told me TO pay
him ten dollars and he would give the necessary
meiic1es; PAID him I'VE; he gave VEN me bottle aI
me to call again When that medicine was
out il ana not nave the desired a s effect
came into the Office he knew what ! wanted;
l took Ills medicine; he told me that IN
time a servant in a family; 1 did chamberwork;
/ reply to his question; it was from one to two
weeks after the nrsi interview tnat saw him again;
not as representcd he said my case was more stab
born than the generality; he SAID II would come
=
that would succeed: he then gave me more pills.
motion was-here made TO strike out the iesti-
mony relating to the pills and medicine. Motion
denied.
Witness in continuation-I told him / would come
on the following Tuesday, the Sth, have the oper.
alton performed; went on the 10th wednesday,:
saw hiin In his o0ce alone, about twelve O'Clock
gave the doctor five dollars that day. thea went
home; wentin the latter part of September back TO
the DOCTORS to engage board he occupied q floor at
the same place where he had his onice: 1 STAYED
there five weeks; tod The doctor worked In a
store convenient TO his oficc and that would stay
there as long as was able TO work aud then
WOULD GO To THE HOSPITAL.
lie said might get the smallpox In the hospital and
that mad better board with him, and all would
have 10 pay would be three dollars per week up to
my confinement; there were others boarding In the
house; left the establishment because 1t was broken
up by the police, following the death or one OF the
doctors patients: had twins at Bellevue Hospital;
they were born on SATURDAY.; OF them died the
next day and the other on the following Thursday;
was not well enough to see them.
SS-ExAMTNATION.
The witness was crosse xamined at great length.
but nothing different from what she stated on the
direct was elected, except that she suffered In
convenience from the operation Evans performed.
Mrs McArde, the nurse at Bellevue Hospital, tes.
tilted that Ann ONeill was put in her charge when
she came there in November aud that she gave birth
to two male children, both OF whom were ex-
tremeiy small ana delicate; one Of them had q black
spot on the abdomen.
The hour being late the court adjourned till Mon.
day.