New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1871-09-05
THE COURTS.
AwARNING TO ABORTIoNIsTs.
JUDGE TROYS CHARGE TO THE GRAND JURY
MERCENARY NEWSPAPERS REBUKED.

mpeneed apd received the following cnArBc Iron
Jcdge Troy:
principles applicable 10 extraordinary cases. becomes
my duty to specially direct the careful investigation by
against certain persons custody therefore, crime
revolving and depraved 80 contrary 70 the common In
and most immediate action and II, upon such action
an indictment and conviction ensue. the intctlon
ment which the law will permit. Need 1 say,
gentlemen, that allude to the unnatural
OF which in our degenerate days. In the large cities Of the
country and especially IN the great CITY OF Newlork,
or or' sns q by aS
public opinion which fails increasingly to invoke al
the the if we'll as the unborn crime
%Sis a sG become aa so eG Nh ssRs
stead Of aie1t To conceal tnsf 6tcupatiOn, openly
proclaim their io ard rderous business through the
aSsas4 Ss p4s Of d T%p IL 1GS s
press thus dishoDOr itself by standing ready for tho
% ss OF aDd
that class OF foul and homicidal miscresnts
mere advertisement Of this business the greatest evil
thereof-the tation Of public morals the demoralizng
obtained. The refuge this knowledge would seem to
afford Of avoiding shame and exposure, de-
sroys that fear and conjunction which might otherwise
exercise a restraining and salntary influence So great
is the evil thus occasond and TO such vast proportions
has this crime attained that unless 1t is checked by FUR
Their legislation and the vigorous enforcement Of the laws
at present existing upon the subject, IL will become
national reproacb, as crime peculiarly tolerated by
American laws and public opinion ! need say no more
to impress upon you the necessity OF dlscnsrSng your
c c reach r@s the Of this business
ever the next Legislature will remedy this defect Untn
nounce and outlaw the unprincped organs when CON
stitute themselves the medium OF abortion immortality
Now gentlemen, It is time that the abortonist, the
worst Of his should understand the rs ne
not only the statutes upon this subject to dread but
when those statutes fall there m Jaw to
in this city and punished with equal severity. the law
yer who undertakes case Of client cannot abandon It
on the trial. and leave his client helpless because he has
not been paid The physician who, who under fHr
trate and in imminent danger desert his charge because
he has received his fee he does and death results
thereby he is guilty of nsnslaughter The persons who
have undertaken the OF sick and helpless women TO
the exclusion Of all others must not abandon her when
her to cruelty instead Of care they do ana deatn en-
sy de os y S vi case IL Would be
You will see gentlemen that no injustice is DONE but
present or refuse to present. according as inc evidence
warrants.
ADDITIONAL TESTIMONY IN THE BROOKLYN NAL
PRACTICE CAsE-MADAME VAN BUSKIRK AND
DR.. PERRY COMMITTED TO AWAIT THE &C
TON OF THE GRAND JURY.
Police Justice Walsh Of Brooklyn concluded,
Yesterday the preliminary examination in the case OF
Madame Van Buskirk and DR. Perry, charged with the
death Of Emily A. Post, by abortion
Daniel Friel testified live at No. 373 Classon-ave;
last Monday night In company with Thomas Collin
and Johu Mullin at l2' m Tuesday my attention waS
called to carriage in MyrtIeave between Hudsonaye
No lO2 Adelphi-st. was; there was one man and two
the coach one OF the ladies seemed 70 pc ffh
past Fort Greene, in the direction OF Adephlst this
wac John MSn corroborated this testimony Dr. Reed
recalled and examined by the m
pnata az fha n
Dr. Baich was asked the question and returned
Ellen Mcconnell housekeeper at DR.. swalms house.
No. Js me R ms6e aroSaT on Friday
Sergeant John Eason Of the FIRST Precinct Station
told me- that he had sick woman inside, who had
he f asked to "a
her hand, stepped ont and walked into the Station
to lie down she she had been used to lying in good
bed; then gave her chair; got her sheet OF paper
that the worst should happen should know where
send for her folks; told her TO give me their address
lived at somerve N j. and she wanted me to write to
them said. Now know whatst the matter with you;
ment p She said " For Gods sake don't tell them my
name told them IL Jones' and that my folks lived
in Brooklyn; have no folks here she said that she
had akon no medicine but brandy she didn't knST
lady boarders and that the girl had been left ON her
that she hadn't been paid myth me- for the sv1
her Brooklyn friends; she did not say why sne came
DR.. George w. franklin testified: live at No 1871
MsTTork g., am RFaotcns phy'ciAn am
ps my ino A. Selisve It is Mary Clifford -'"
@ Do you know her busnessi A. I should think
O. How long have you known heri A. Since 1866.
BY the Sue for in all Of
BY the Is she an aeortiOnisti A.
T 20 DOStiyely
O. Does she advertise A. Yes; under the name Of
o. Can YOU state whether she is an abortionisti A.
cannot swear positively II Is an established rule that all
those who advertise TO relieve with or without medicine,
find rooms adopt children, etc, are abOrtiOnists-hey
ki oao,s ,'hO or az, Sny e1cep9" s,s oavs-t,.s.
The Dlstrct-Attorney announced that he rested the
Mr. Cooney-I can't close the case, because Judge
Stuart not here, and he may have some evidence:
not prepared to close this case for did MT think
District AttOrney-The case was set down for to-day
Mr. COOney-The has been adjourned for the pros
ecution get further witnesses They did get them,
and have exhausted their Now, Mr.. Stuart has
more skill and ability In these cases than have.
Judge walshThere is no question about that but 1t
can't get these persons dischar ged by me.
Mr. C0oney-All ask is to give me chance to consult
with Judge stuart about this case, for the benefit Of the
dge Walsh-I travelled 40 miles this morning to get
h. for the purpose OF finishing this case and intend
Mr. CooneyThen there isn't any for to go after
Judge Stuart or any one else
Mr.: C0oney-Nor yet to say anything myself
Judge-NO. The is perfectly plain for me to act
and shall hold the accused to await the action Of
the Grand Jury.
Mr.. Cooney-This is unusual proceeding for any
ma gistrate. On what charge do you hold them.
Jndge-On the charge stated In the affidavit
Mr. COoney-I would, II your honor please ask for the
acceptance Of bail.
Judge-I shall take none.
Mr.. COoney-You won't take anyi
Jndge-No. shall not If DistrictAttorney Morris
wishes to do so he
Mr.. Cooney~Do you object, Mr.. Morrisi
Mr. Morrs-I do. and shall oppose bail matter what
amount IL may be.
Madame Van Buskirk and Dr. Perry were then asked