The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-06-21
TIE LOWDEN ABORTION CASE.
Conclusion Of the Trial Of DR.. George Gyles,
Charged with Killing Mrs. Mary
Ann LOwdcn.
Interesting Charge Of Judge
Bedford.
THE JURY AcQu1T TIE PRISONER

The Court room or the General Sessions. where
nty Judge Bedford Ia presiding, has possessed
more attractions TO our citizens this week, espe-
cially profes sonai Of the medical fraternity,
than the room in the adjoining building, where the
trial OF Stokes for the killing OF James Fisk is pro-
gressing This Is attributable to the fact that the
crime OF abortion, for which Or. Gylcs is now being
tried before the City Judge is OF the most hor
rhle In the long catalogue OF offences, involving
1t does the very existence Of society and the per-
petuation OF the human race. Every seat within
and without the bar was occupied long before the
appointed hour for the resumption OF the trial. and
the deepest anxiety was depicted upon the coun-
tenances OF all present when His Honor took
his seat upon the bench and made
the necessary preliminary preparations to
charge the jury. District Attorney Fellows
who on the previous evening made such
an impressive and powerful appeal for the convic-
ton OF the accused, in his accustomed seat, as
was Mr. William +. Howe, who zealousy and care
fully guarded the legal rights OF his client. DIR.
Gyles has more pleasing exterior than Lookup
Evans and the british Rosenzweig, the convicted
abortionsts lie has a somewhat refined organiza-
ton, but has manifested unusual nervousness dur
ing the trial Yesterday his countenance indicated
great anxiety, and he was, OF course the observed
OF all Observers
At eleven O'Clock Judge Bedford entered the
Court, and upon taking his seat on the bench, Mr..
Howe in behalf OF the prisoner, presented twenty
1--WE carefully prepared objections, which evinced
much legal tact and acumen. They were more or
less technical in their nature, and showed deep and
careful research, and were ruled upon by the pre-
siding Judge. Then Judge Bedford proceeded to
charge the Jury as follows:-
THE CHARGE
(-Nr TIT, IrU nrtc n hn
bar, George X. Gyes has been indicted for felony,
being charged with having, on the 18th day OF May
man pregnant with child, by wifulIy and leoniously
using an instrument with intent to produce a mis-
carriage The statute relative to this case is as fol-
lows
Any person who shall hereafter wilfuly administer to
any Woman with child or prescribe Tor any sIGh woman
s%b;tanse or thing s h or Smpoy cor
90 any instrument other means whatever, with intent
thereby to produce n, mI,carriage Of any such nam
her lite that OF the child, shall In tbs death
be deem guilty OF a felony.
In order to establish the prisoners guilt the Dis
trict Attorney has presented evidence OF circum.
stantial character there being direct positive
proof. And 1t Is for you, gentlemen. to say whether,
from the facts and circumstances sworn TO- you feel
convinced OF the prisoners guilt beyond that
reasonable doubt which the law declares to be the
property OF the accused. The facts OF this case are
the morning OF the 18th of May the deceased was
good health; that she had been out during the
~. NJ.
about that hour the prisoner called they went into
the parlor, conversed for fifteen minutes,
then then went sr up stairs and entered a bed;
alone until haf-past three O'Clock. There
was no disinterested third party-no eyewitness
to tell us what happened IN the secrecy and still
ness OF that lonely chamber of death during the
time they were closeted. We can only infer from
facts and circumstances and rom these we must
endeavor to gather the truth At I've O'Clock the
bedroom was entered, Mrs. Lowdep was found
dead in her bed, bloody towels were found on the
floor and piece or oclotb on the bel under the
blankets and sheets. Or. Marsh was sent for and,
with the assistance or Dr. Thomas e. Fnnel, made
post-mortem examination, aud, after doing 50.
gives it as his opinion that death was the result OF
q shock ana hemorrhage, brought on by an at.
tempt at abortion. On the day following Captain
Byrnes, OF the Fifteenth precinct. called on the
prisoner at ~ Ninth avenue The Captain inquired,
..Are YOU DR.. ~ He answered Yes" They
then went into private room. The Captain said,
'rrhat lady that you were attending in Thompson
you" The prisoner replied, IL was not attending
any lady In Thompson street." The Captain re-
a2s Thompson street, The prisoner then said II
did attend Mrs: Lowden, hut ! did not do any
thing to her" While the Captain aad the prisoner
assured the Captain that he had not done
anything to the deceased. What do you
mean by that-not doing anything to her?r asked
the Captain. The prisoner SAID :-.She wanted me
to produce abortion upon her, but would not
would not do II Tor si,ooOcoo., when the prisoner
arrived at the station house he was Identified as
Mrs. Lowden was dead he put out his hands and
exclaimed two or thee times - dld not DO any
and captain Byrnes deem most important. 1t Is
for you, gentlemen 70 give to L It's proper weight
this portion OF the testimony necessa-
rily the following pertinent question win
arise In your minds-Was II the conduct and
language OF a respectable physician who had per-
form professional duty In kind and humane
mannerr Or was 1t the conduct and language OF
guilty, conscience striken wretch, eager and dcsr-
Gus of concealing most infamous crime? In be-
half of the defence, 1t is in evidence that the
prisoner is regular graduate OF tie New York
Medical College OF this city. The prisoner himself
Il placed UPON the stand and admits attending the
deceased, but Denies In the most emphatic
manner, ever drec lily or indirectly performing
an aeortion; that he first attended deceased for
nenralgla; thar on the 18th OF May he visited
enoeaRte. She then acknowledged all ana begged
the prisoner to finish that which already had
been commenced by some other The prisoner tells
us he declined 10 have anything to do with the
affair. she pleaded and made him promise never
to the prisoner, she unfolded in the sacred conf
dence OF professional Interview. The prisoner
Of the defence several medical Gentlemen 'e gaxe
their opinion as experts, differing not only from
DR.. Marsh, who testified In behalf Of the prosccu-
tl0n but la some respects from each other, And
it Is for you to say which medical opinion you will
adopt. The prisoner has proved good charae-
ter as physician and as man. l
it is for you 70 say what weight YOU
will give 10 the fact OF the good character being
proved, taking into consideration all the facts and
circumstances surrounding this case. The District
Attorney recalled Miss LOwden and proved by her
that DR.. Lewis A. sayre had always been their
family physician. with the exception OF the last
two years, during which period the family en-.
poyed DIR. Bartlett The TACT that the deceased lid
not eau In the regular family physician, but cou-
suited with the prisoner, ~ q circumstances the
Importance or nnmpostanc OF which you are To
pass upon Such, In brief are the facts OF this sad
ana melancholy case 1t IL full Of deep interest
presenting, indeed, most inomentous ISSUE
nohehtous not only to the prisoner, for his whole
future depends upon your action, but equally 30 to
the community Ut large, not only Tor the present
welare oI society, put also for the future protec
ton OF unborn millions. Gentlemen of the iury
anaiyze the evidence fairly, canly and disposition.
ately, without fear or favor, without bias or preju-
dice. In one word, render your verdict AMI let
the foundation stone OF that verdict be truth and
then you will have nothing to regret for Won win
have kept invloate the sanctity OF your oaihs and
sustained the majesty OF the law.
The charge was listened to throughout with very
great attention and deep Interest," and at its con.
cluson there were manifestations OF applause.
which, however, were properly aud promptly sup
pressed.