The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1906-07-27
DIR. bly, MUST GO
TO STATE PRISON
SUPREME COURT AFFIRMs DEoI-
SION OF DISTRICT COURT.
Physician Convicted Of Performing
Operation Which Caused Death Of
Young Woman Must Serve Sentence
Of Three-and-a-Half Years in Peni-
Tertiary.

BY an order Of the supreme court
handed down today, DR.. Theron H. Bly,,
tried and convicted in the district court
OF Hennepln county on charge of caus-
ing the death of Hilda Rosen of Two
Harbors, Mimi, by the performance of
q criminal operation, Is again adiudged
guilty. The order Of the lower court is
credited to the county attorneys office.
The Bly, case was taken up In the
crusade of County Attorney Al j. Smith
against the baby farmers, and was hard
fought at every turn.
Because the exact means of perform
ing the operation and the immediate
cause of death were unknown, the in
dictment was drawn to read that the
operation was performed in a manner
and by means unknown, an entirely
new point in Minnesota law. It was
only on the third attempt that the case
was finally brought to trial before
Judge II. D. Dickinson.
Rare Points of Law.
The trial brought out some rare
points Of law, in regard to the admis-
sibility of certain classes of evidence,
and was carried to the supreme court
by the defendant. =
The BLY, case was tried in December,
1905, and verdict secured almost on
the anniversary of the death Of the girl.
Miss Rosen was brought to Minneapolis
Dec. 6. 1904, and died at DR.. Bly'ss hos
pital, on Dec. 9. g A post mortem at the
undertaking rooms revealed the cause
of her death, and the case was taken in
dict was secured Dec s, 1905.
The finding Of the supreme court Is
far reaching in it's effect and will be of
great value to the state in the prosecu-
tion of criminals in the future.
IT consider the decision one of the
most important in years." said County
Attorney Al j: Smith today. |tanq be
farm and criminal operators out of bust
nesss. It will enable us. to take up
cases with an assurance of success that
under other conditions might be out of
the question. The ruling of the SUI
preme court will also enable us to sem-
ploy the same form of Indictment in
cases of murder where t he exact man
ner ind means Of death are unknown
The county attorneys office, the HUI
the evidence, and the trial judge, Judge
Dickinson, are greatly pleased at the
decision. Three convictions other than
the BLY, case have been secured and the
defendants, DR.. Van Damn, DR.. Had.
sell of st. Paul and Mrs. Hannah Lund
are now serving sentences In saltwater
Three other cases are pending, all fol-
manslaughter and criminal operations
They are against DR.. Willard Wheeler
Harriet E. Hatch and DR.. William A
Mann. 60.
DR.. Bly, must serve three and halt
years in the state penitentiary
DIR. BLY, is now in the county Jail, and
will be taken to Saltwater soon.
The Courts Decision. I
The syllabus by Justice Lewis is al
follows: l. 4 I
GA criminal Indictment is sufficient
*n1sn 'na diG ing SAN and With ths
intent to produce the miscarriage Of 8
woman - being then and there
pregnant with child,*s \ use anc
employ in and upon the body and per
son Of said --- certain instrument!
and other MEANS. a more particular de
and other means being to. the grand
jury unknown, and the said ~- ------- :
did then and thereby produce the mis-
carriage of the said '----. etc.
"The evidence is sufficient to sup
port the verdict Of guilty. altho 1t doe
not appear what particular kind Of in
strument was used, or in what name:
the defendant operated in and upo1
the body to accomplish the result.
"Not error to exclude certain declar
atoms claimed to be q part Of the re-
~Order affirmed, g us.