The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-05-18
IHE EVANS ABORTION CASE.
Conclusion Of the Trial OF DR.. Thomas Lookup
Evans, the Alleged Ab0rtiOnist.
Interesting Charge Of Judge
Bedford.
The Jury Locked Up f0i.
the Night.

The trial OF dr." Thomas LOOKUP Evans, charged
with producing an abortion upon Ann O'Neill COM
Menccd In the General Sessions last Friday. before
Judge Bedford, was brought to close yesterday.
The excitement occasioned by the legal investlga-
ton into the alleged criminal practice or this sup
posed to be notorious abortI0nist has been
Ing each day, ana the court room was crow ded to
excess yesterday to witness the termination OF this
celebrated case.
Before the summing mp OF counsel commenced
William Youngblo0d was examined to contradict
Evans, who said that he CYoungblood) visited HIM
at the T0mbs ana said that the authorities ut the
Coroners ONCE could settle the matter for 100000
Mr.. Youngblood said he was an advertising agent;
knew Evans for ten or twelve years and done busl-
ness for HIM.
@. Did you say to Dr. Evans that for $4,000, or
any other sum. the prosecution I'm connection with
this matter could be stopped In any way inter-
fcrcd WITH A. never said such thing.
Upon cross-examination the witness said that no
was not sent for when he visited Evans at tho
Tombs; that he saw DR.. Shine the day before he
called on Evans, and something passed between the
witness Youngblood) and Evans with reference to
1000, but the word money! was not mentioned.
Counsel for the prisoner then spoke for two hours
in behalf Of his client, and was followed by Assist
ant District Attorney Sullivan, who made an elo-
quent argument upon the facts.
THE CHARGE TO THE JURY.
Judge Bedford then delivered the following
charge:--
GENTLEMEN or THE JuRy--Permit me IN all SIN
certify TO congratulate you upon the fact that THIS
case, which was commenced on Friday last, Is now
rapidly drawing TO close; ana II Il, indeed, sub
Ject worthy OF congratulation, when we reflect upon
picture wien has Been presented to MS s,,rTonasi
us 1t Is by evidence which. If true, Is indeed Of
most revolving and disgusting character necessarily
n Inn N m n I'm Vifh An-
moralizng Influences. Thomas lookup Evans, the
prisoner at the bar stands indicted for the crime Of
manslaughter In the second degree. The statute
under which the District Attorney has drawn the III
dictment reads as follows:--
Any person who shall administer TO any with child
or prescribe for such woman advise
take any medicine drug substance or thing whatever
ever with intent thereby to produce the iscainss OF any
such woman unless the same shall hayo been necessary
slaughter In the second degree.
charge you, as matter OF law.-that the evidence
as developed IN THIS case VIII not justify you In rem
derlng a. verdict OF guilty OF mansangitcr in tho
matter OF law, that If you find matter OF FACT hnd
feel convinced beyond reasonable doubt, that The
prisoner at the bar did administer, prescribe ad
wise Or procure the complainant, known by
the name OF Ann ONcul, TO take any medicine,
drug, substance or thing whatever or did use or
employ any instrument or other means whatever,
with intent thereby 70 produce q miscarriage and
70 destroy the life OF the child or children With which
tho said complainant, known as Ann O'Nelll, was
then pregnant and that the same was not necessary
to preserve the life OF the said Ann ONeill although
neither the medicine 80 administered nor the en-
pOyment Of the instrument as aforesaid caused the
death OF her child or children, 1t becomes your duty
under your oaths to render verdict OF guilty
to commit mansauRhter In the second de-
gree. In order to ascertain whether you can be
convinced beyond reasonable doubt OF the neces-
sary facts which win Justify you In pronounclng the
prisoner guilty OF an attempt desire tnat you fol-
IT. as 10 y he x oS ma
Ann 0'Nei and as 1t Is pure question Of credbIty
ask you now, gentlemen OF the jury, for moment
DRY the impression conveyed 10 your minds as re-
CARDS the general demeanor OF Ann ONO H. tho I'M
fortunate girl, as she unfoldcd the deeply hidden
secret OF her heart. the story OF her wrongs and
shame for the purpose OF indicating the law ana OF
melting out punishment full and equal 10 the offence
provided her accusations be true. Did she or dbl
she not tell her sad misforIunes In frank open
belonging TO true womanhooda With tins NEST I'M.
portant thought In your minds let turn Tor mo-
ment to her testimony.
she tells us tnar some time during the month OF july
she wrote TO the prisoner and In return received BY
mail circular, which has been seen ana read IN
evidence. She then went TO 81 Chatham street ut
different times. When she first called upon the prl-
soner she told him that she had visited him for the
was no other person WHO would answer as well as
he would and that he was the only and best phys-
sad he would then Give nar me zen
med cine. she paid him five dollars He then
gave her bottle OF medicine and a box OF
did not produce the desired eject. The com. |
plalnant said she was pregnant when she called on |
her look what medicine was required. l TOOK |
his medicine, said Ann O'Nelll, and left. From |
called again on the prisoner She then told him that
his medicine was not what he had represented. lie |
replied that her case was unusually stubborn but II
which would be successful. ON the 10th OF August
called at "a Chatham street, when the |
less. fresh In your minds ana does not. therefore,
need to be repeated. Alter the operation the |
and that she would be al! well in the morning she
gave him five dollars and lett In the latter part OF
september she engaged board ut "a Chatham streer,
I've weeks. She then went to Bellevue Hospital |
aud on the 9TH day Of November was delivered OF
lelicate and died in very few days
TO refute this testimony the prisoner at the bar IS
worn IN MS own behalf and as IS also with him
,qect his demeanor while IN the witness box. Was
bis conduct ask you that OF the honored and honor
sS fasSSssss y sfSaSFa rs
conduct that OF guilty wretch cndeavoring with
)razen erontery TO screen a career Of untold wick
ind, whilo Weighing them, SEQ 70 il, gentlemen OF
he jury that the scales OF justice be fairly poised.
raneous matter disturb their equilibrium.
The prisoner, IN his own behalf, declares that he
Tou% g. snJs senS %
aIly opposed 10 II; she wanted MEDICINE, aud said
never gave medicine to pregnant women; Mira.
underwent tho examination and partial operation
And yet we are told by Mrs. Dickerson, the prison.
IRIS housckeeper, that sho was never present at
my such time. Again, you Will recollect that In
answer to the District Attorney the prisoner could
Tot remember how he had testified before
Judge bowling at the preliminary examination.
And also the broad assertion made by the prisoner
nat DR.. shIne-a distinguished and respectable
physician OF this clfy-had attempted to backmail
lin for the sum OF ore thousand d0lars-an accusa-
fon promptly denied by Dr. SHINE.
Sucn are the leading facts In this case. II you
rave any reasonable, well-f0unded doubt arising
Ipon the evidence you must acqut tho prisoner.
But II you have no such doubt and you place full re.
lance upon the testimony or the complainant,
known "a Ann O'Neill then charge yoa, as matter
Or law 1t becomes your duty 70 render verdict OF
guilty or an assault on Ann ONcili, with intent TO
commit mansIaughter In the second degree.
Gentlemen, q sacred responsibility now devolves |
upon you. The question presented 10 you for adm
ication Is not only vital to tho prisoner--for his |
future liberty depends upon t-but momentous TO |
each and every citizen 0f this metropolis. Let no
false sensibility influence your Judgments. Your |
duty is to be just The great and only lever OF thought
and action - the testimony as IL has been
presented TO you. Let your verdict be rendered