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.

The sleepless Nemesis which pursues crime always,
whether through the officers Of the law and tho SEM
tence Of onended justice, or by the more terribd
agency Of o remorseiul conscience. mas just overs
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.. woln. Lookup Evans and Rosenzweig.
were tried convicted and sentenced to the State
Prison, Anne E. Byrnes, one Of that horrible rra-i
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, errng 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 to
which the accused carried her horrible and murs
derous practice. i
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 OF the testimony and IN his
denunciation OF the and Its attending circum-s
stances. with which the accused stood charged. 7
The court room was crowded from the opening I
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-
corder HacKett read lesson to the temporarily
absent juror, which, it is hoped, will be not only q
lesson to MIN, but to all jurors sworn the trial Of
case to be obedienr to the Instructions Of the
Court requiring an early attendance on their part.
CONTINUATION OF THE TESTIMONY.
DR.. Bliven was recalled by Assistant District
Attorney Fellows and testified that the prisoner mad
The reputation OF being professional abortionist
TESTIMONY OF A VICTIM.
Mary Richardson said that about eighteen monthA
ago she went to the house OF the defendant IN CnS
ton street, Tor the purpose Of having an abortion
produced, ana that Mrs. Byrnea performed 1t by an
Mir. Howe objected to this testimony but tho
Recorder admitted t, simply for the purpose Of im-
peaching the cred billy OF MRS. byrnes VINO sWoro
that she never peri 0rmed on abortion upon any per-
Oiilcer Parrish and DR.. Roberts testified that the
accused was reputed 10 DC proiesSional auorsi
Inc case being closed on both SIDES Mr.. William
panel OF jurors other technical points, ana pro.
cceded to address tho jury upon the lactS. IN an
the medical and other testimony adduced failed to
establish the guilt OF his client.
SUMMING UP FOR THE PROSECUTION
Assistant District Attorney Fellows made g.
powerful appeal In behalf OF the people, claiming
that the evidence clearly showed tnat mrs. byrneS
was notorious abortiOnst ana that she perlormedg
an operation upon Mary Russell, whose dying State-
ment corroporated the testimony for the prosecu.
and eloquent language the awful crime winch pro-
fesslonal aborti0n5tS III New YORK committed, the
sion 10 their appreciation In demonstrations OF ap-
plause. Inc CONVICTION OF Drs. Wolf, Evans and
kosenzweig had tended greatly to suppress tni3
urged the jury to convict Mrs Byrnes, WHO repre-
sented the female abortionists.
Recorder HAcKETr proceeded to deliver his CHARGE
and after defining the law under which the prs.
oner was indicted instructed them that III order TO
justify conviction the evidence must have esta0-
ishcd the fact that on or about the 23d OF August
means 10 produce the miscarriage OF Mary Russell:
that the use OF such instrument Or other means was
necessary u preserve ner life, and that the en-
ployment OF an instrument or other means by the
prisoner directly superinduced Mary's DEATH which
occurred on the ID OF september laSt dis Honor
read copious extracts from his minutes OF the evil
dcnce taken on the trial, and IN conclusion said that
% cpsv e sw eny e oence SnS sim.
pie and comprehensive. IL was Tor the Jury TO say
whether me evidence mad satisfied them 81 ING
and II so their duly under their oaths demanded
verdict OF guilty.
THE VERDICT.
The Jury were only absent about eight minutes,'
when they returned with verdict OF Guilty"
Colonel FELLOWS moved Tor Judgment
ground that the record showed III the case that the
Court had no jurisdiction.
the SENTENCE.
Recorder HAcKErr denied the motion, and n
sentencing the prisoner said:-"Thero 10 a strange
coincidence in your case. On the I'D OF August asl
a professional abortionist, by the name OF Dr.
Rosenzweg, performed an operation upon the per-
son OF young GIRL Alice Bowsby and caused her
death, aud on that very same day and about the
same hour you performed q similar operation upon
this Young woman, mary Russell, winch SUPERB
induced her death Your indifference to the result
OF your brutal crimes Is shown by the fact that both
you ana your confidential friend, Mrs. Conch, IN
whose house you were tenant when Or.
Lookup Evans another professional aoortlonist,
had been tired ana convicted IN this Court aud you
were warned OF the danger; y0u paid no regard to
IT. but right In the face OF that warning you perpe-
trated this crime upon this poor young girl, Mary
Russell. IL would be waste OF time, In my
opinion to expallate upon the brutal crimes aud
murders which your conscience must have charged
you with committing at this and other times. The
The State Prison for seven years, that being the
highest penalty tnat can 90 1ullcted.n
THE PRISONER
manifested considerable mental excitement at tina
speedy determination OF the 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 penalty tho law allowed.
ANOTHER PRISONER "NEWKIRKEDp AT JgF.