St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1893-03-10

woman Is thereby pIOuuOOu' 10 S''
of manSlaughter in the first degree.
In all cases. except where 1t IS neees-
sarv-not advisable nut absolutely
necessary TO preserve the life of the
mother or the life of the child Win
which she is pregnant-it is an unlawtul
act To produce the miscarriage or aOoT-
tion of the mother by the use or any
means Aside from its moral gullt'
buman life is too sacred ana the perpet-
nation of the race too necessary 10 per
mil either TO be at the unchecked VIII
of the evil-minded and depraVed. Being
an unlawful or criminal act, the prOcur-
ing of such miscarriage or aoortloii'
under no justifying circumstance Oh
necessity, is cOncluSively presumed oE
the law TO be malicious.
1t is not necessary that 1t prove as III
other killings, that defendant lntehue9
10 kill Helen Clayton, or that ne acIeu
with malice towards her. The law pre-
sumes both. The state claims that 1t
has established these following eoneIu-
siOns:
First-That on and prior TO Dec. 10,
1892. Helen Clayton, herein named. was
pregnant. ;4h
Second-That on that day she, with
her husband. went 10 the defendants
office in this city, where for SoO theh
Maid him the defendant performed the
0peration as described in the indictment
Ipon the body of Helen CLAYTON, with
the intent thereby to procure the ms
carriage or abortion of said Helen.
Thlrd-That such miscarriage or
abortion was not necessary TO preserve
Helen ClaytOn's life.
Fourth-That by reason OF the means
employed aud the manner OF the opera
ton and the consequence when Iol-
lowed il there was produced IN heIem
Clayton'S body what physicians, . eau
septicpmia, or blood poisoning. aud tlat
said blood poisoning caused her ueaIh
on Dec. -, 1892.
That Helen Clayton died at 81.
Paul. in this county, on Dec -, 1872 Is
shown by the most positive ana ulrect
proof, as the statute requires.
In this case Stephen ID. Clayton was
an accOmplice in whatever crime "
any done 10y defeAdanton Dec. 10, lS:'2,
upon the BODY of Helen Clayton. But
Helen CLAYTON, the dead woman. in the
law was POI an accomplish. She was a
victim. and she has paid the penalty OF
her folly. And | instruct you that
The DyIn" Declaration
of Helen Clayton. as testified to by Mrs.
Wrede, Is. if believed by the Jury, cor
rObOratiOn of the testimony OF stephen
u. CLAYTON to the extent to make IL me
duty Of the jury to consider, IN de-
termining that defendant procured ana
committed an abortion on Helen Clay
ton, all the testimony OF Stephen d..
CLAYTON, the evidence of the catheter,
and all the other facts proven and tend
ing to connect defendant herewith.
If this defendant did this crime here
charged il would be a wOful mlscaI
rage OF justice for this jury to falI O..
refuse 10 convict solely because Mr-r
CLAYTON was DESTROYS 10 have an abor-
ton procured and her husband con-
scented to il.
Apply your conscientious judgment to
the facts as YOU find them, and thus de-
termine the truth as TO the real cause OF
Helen ClaytOn's death. 1ou will not
find it difficult if you go about it deter
mined 10 reach the truth, come what
may.
In this case sou have the declaration
of Helen Clayton, testified TO by her
sister. Mrs. Wrede, as having been made
the day before she died. And the dy-
ing declaration, | instruct you, is not a
mere expression of an opinion, or con-
cluSiOn, but is a statement relating 10
alleged facts only.
Now, gentlemen, as | commit this
case for your consideration and deter
minatiOn, let me here. in the presence OF
this defendant, charged with a grave
crime; in the present of your fellow
citizens and mine, i'll the presence OF
Almighty God, adjuTe you to bring to
its determination the best powers OF
your judgments and the highest eXer-
else OF your conscience. Decide it
fairly, upon The evidence given in court
and the law. If the defendant has been
proven guilty, find him guilty as
charged in the Indictment. If the evi
1ence fails 10 convict of the crime
1cQuit him.
As to abortion Gf performed not be.
ing necessary to save Helen ClaytOn'S
life. the persons who have testified say
it was not necessary, and there is moth
ing to the contrary.
Upon the fourth and last proposition,
that the death CT Helen Clayton was
produced by and in consequence of this
abortion, the state claims it has eStab
dshed that as fact beyond any reason.
able doubt. and that the abortion in fact
caused blood poisoning. If all injury
is the direct cause of a disease, OIL
diseased condition of the human body
which results in the death of the per.
son. then the injury produces the death
The injury, In such case, is the direct
cause of death. And III this case, if you
believe from the evidence, beyond &
reasonable doubt, that this woman died
of blood poisoning, or SeptlcRmia, as the
doctors call it,and that the blood poison
ng resulted directly in consequence oil
the abortion performed on Helen Clay
ton, then the abortion was the direct
couse of Helen Clayton'S death, and the
jury should so find.
1t is for you to say from the whole
case, from all the facts and circum
stances, what the truth is. The state
claims that DR.. Davis and DIR. Richie
who attended the case, and DR.. Ohag'
and DR.. Wheaton. all have testified tina
the treatment of the case by DR.. Davis
and subsequently by Drs. Davis ant
Richie, was proper and correct unde
the circumstances, and that death re-
suited from no fault of theirs, and il
spite of their best effort to save the life
And l instruct you it is entirely i'm
material by what name the disease o
cause which produced the death o
Heled Clayton may be called, if, as
matter of tact, such disease or cause pro
duced her death, and such disease wa
itself produced directly by the abortion
then the abortion produced the death.
You are the sole judges of the fact
But you are not the arbitrary or ire
sponsible judges. You cannot sujsti
tute for conscientious judgment III
merely arbitrary Il WHIP or 81 vii
not" Remembering your duty, do il