The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1900-08-25
ISHE8CAME no
Her D|EA.TH. BY
AIN ABORTION.
Is the Verdict Of the Coroner's Jury
in the Inquest Into Della
Gaines Death. Z; ri iaiisgl
MRS. SMALTzER AND LOWRY
Declared to Have Been Responsible.
Details Of the Hearing Be-
fore the Squire. Vi

The Inquest into the death Of Della
Gaines was concluded last night, after
half hours elaboration by the jury.
The testimony was OF the same nature
as that given Thursday night, tending
to show an abortion had been commits
ted, but not pointing with any definite
ness to the criminal. The case was
given to the jury at 1910 and they re-
turned with verdict in half an hour.
They concluded that Della Gaines
came to her death ron the Sth day Of
august, by an abortion. which was
performed on said Della Gaines by
Lizzie or Lou smaltzer and James Low
ry. alias Wilson, on or about the 10th
day Of July" at the home Of Madame
Smaltzer. 3. !. X
DR.. F. B. iRldgeway, who was present
| at the post mortem, was the first Wit
ness called. He described her condi-
tlon at the time the post mortem was
held, and said the uterus was enlarged.
due to pregnacy. Death appeared due
to q hemorrhage, superinduced by u
miscarriage. All the other organs eX-
cept the uterus were In normal condi-
ton. Juror Wolvington asked him II
there was an abortion performed. and
he replied that there possibly was
DR.. A. D. Tubbs. who attended the
girl. was next called. He said he was
present when an examination OF the
remains was held He was called to at
tend the case by DR.. Best on the even
Ing OF July 81. He was With the girl
from that time continually until she
died. He met Lowry at the office OF
DR.. Best, July 81. They went out to
the Smaller home that night at
o'clock. DR.. Best told him that an
abortion had taken place, but he did
| not say it was committed. He was
not positive whether Dr. Best had used
the word abortion" or miscarriage"
Miss Gaines did not confidc anything to
him and as he thoroughly understood
the case, he asked her no questions.
the birth OF the child occurred. he
had heard, seven days before he had
first Called at the house. He did not
know whether the child had been born
alive or not. Prosecuting Attorney w.
c.. Meyer asked:
Gould she have been saved by the
entire removal of the womb?"
THAT depended upon the time and
her condition"
He said the removal of the uterus
and ovaries could not have saved her
at that time. He met the girls moth
eri the first night he called and ques-
toned her as to what led up to the
trouble. He asked II 1t was abortion
and who committed 1t. She appeared
distracted and told him she knew
nothing about It. and not to ask her
| any questions.
He had been there three or four days
before he had any conversation with
Madame Smaltzer. One evening she
told him she would like to talk to him,
She asked him to give her something
for her heart. He tod her the best she
could do was to, get out OF the business
she was In. She replied: oh, you're
not the church: Gods the church," He
thought the business she was in caus-
ed her great deal of worry. He
would often find her In the sick room
when he entered, but she would leave
when she saw him coming. He had
heard Madame Smaller tell Della two
or three times to be careful not to talk
to the doctor.
Have you ever heard anything to
the effect that Madame Smaltzer was
not a good doctor or attendant in cases
of that klnd?"
NO ID
what. IL any. conversation did you
hear at any time during your stay
there about the child being alive and
placed In n bucket OF water"
THE only thing I heard was from
Lowry, who came In the room one even
ing and laughingly told me that he had
the old lady going, meaning Madame
Smaltzer. He said he had made up
yarn down there that Dostors Etzler,
Tubbs and Best said the child had
been born alive and was drowned In
bucket of water. He said II scapcd her
so that she went to bed"
He thought Lowry did this simply to
worry Mrs. Smaltzcr and he did not
think there was a grain Of truth In It..
Delhi Gaines diod at l:l0 4. m. and at 4
o'clock he came back to the city with
Lowry. He left him at Stone & Thorn
rs and he did not notice the direction
he took. He asked him what he was
going to do. and Lowry said he did not
know. He told him he was an oil
man and worked In tho West Virginia
oil fields. He did not say whether he
was gclns back TO the oil fields or not.
The girls mother had told him he
was n married man, but could not get
n divorce on account Of not having
been separated from his wife long
enough. She said II was his intention
TO marry Della MS soon MS the courts
would grant him n divorce. Replying
to question By Coroner Schultz. DR..
Tubbs sald he thought the child was of
six months development. In reply TO a
question by n member Of. the jury, he
said 1t was not possible for the child to
have been born alive.
Harry Foster, who Is employed ns
- q " t,l,,