The Late Abortion Case
Chenango Union, Norwich, NY, May 14, 1874
Last week we gave an abstract of the opening evidence given at the examination in the case of Dr. Peter B. Havens, of Hamilton [Madison Co. NY], charged with performing an abortion upon Josephine Le Clear, a young lady of Manlius [Onondaga Co. NY], who died from its effects at the Chenango House in this village [Norwich, Chenango Co. NY], on the 29th ult. The examination, which was commenced on Monday of last week, was concluded on Friday, at noon. Of course we cannot give the evidence in full, as it is voluminous, but we have endeavored to give a fair and impartial abstract of the testimony of the important witnesses.
The testimony of Mrs. Calistia Evans, a nurse called before the death of the girl, relates mostly to her condition before and after death. Witness, Mr. and Mrs. Cox, and Kelly, were present when she died.
J.W. Weller and John C. Roe, telegraph operators, testified as to the sending and receiving of dispatches. The latter, who is in Mr. Weller's employ, testified to sending a telegram from Norman Cox to John D. Kelly, Hamilton, at 1 P.M. on Tuesday, April 28th; received one from Kelly to Cox, at 3:20 P.M. same day. At 9:20 P.M., same day, sent telegram to Dr. P.B. Havens, at Hamilton; it was written by Kelly, in our office. Another telegram was sent from Kelly to Dr. Havens, at 8:30 A.M. on Wednesday. These telegrams were received in evidence, but not read.
The evidence of Ann O'Day, employed in the Chenango House, relates to matters connected with the illness and death of Miss Le Clear, and is not material.
Eli Barber, of Hamilton, who is employed at the Midland depot, testifies to having known deceased by sight, when she worked at the Eagle Hotel in that village. Saw her get off the 9:20 A.M. train, from the south, on Monday, the 27th, apparently ill; about noon, saw her at the Park House; she came to the door and called for Mr. Ingalls, when he came in, and went to the hall; she said she wanted a room. Saw her at the depot in the evening, about 6 o'clock, when she purchased a ticket for Norwich, and left on the train for the south.
Frank Burress, painter, was at work on the third floor hall of the Park House, in Hamilton, on Monday, the 27th; while at work, a young lady was shown by the bartender, to room no. 26; describes her appearance and dress; this was between 2 and 3 o'clock P.M.; saw Dr. Havens come out of the room after this, about 4 o'clock P.M.; he spoke to me; saw the girl come out of this room and go downstairs, after the bell rang for supper; thought she looked pale, with cheeks flushed, when she first came there; did not notice any difference in the appearance of the girl when she came out, from that when she went in.
Charles J. Griswold, telegraph operator at Hamilton, testified to the receipt of the dispatches referred to, from Norwich, which were delivered to the defendant, who did not send any telegrams through our office during April 27th, 28th or 29th. J.D. Kelly's telegram (marked Exhibit B) was handed in by him, at our office; he told me what to send, and I wrote it.
J.W. Ingalls, proprietor of the Ingalls House, (formerly known as the Park House) in Hamilton saw the girl called Josephine Le Clear at his hotel on the 27th of April, about noon. She called for a room, and was assigned to No. 26; the clerk showed her up. She was good looking and well dressed, red cheeks and dark curly hair; did not see anything unusual in her appearance. Saw her afterwards, about 4 o'clock or after, in the lower hall, and again at the supper table; did not notice anything in particular; did not see her again.
George Pratt, bar keeper at the Ingalls House, recollected a young lady who was called Josephine Le Clear, whom he showed to room No. 26 on the 27th ult; saw her afterwards in her room, when he went to fix the fire and again at the supper table. She left a little after 6 P.M.; paid her bill; no one with her when she went away; she rode away. After she came there, she said she was not feeling well; she called to know if her room was ready; said she would like to go to some room as soon as she could; she borrowed a lead pencil in the afternoon; she came down and got it; did not call for paper at that time.
H.B. McFarland, telegraph operator at Smith's Valley, corroborated the statements of other operators, as to the telegrams which passed between the parties.
Dr. J.J. Wescott of this village testified to having been called to see deceased at an early hour on today, the 28th, and as to his treatment of the case while there.
D.R. Pierce, of Hamilton, was examined but his evidence in unimportant.
Dr. H.K. Bellows, of this village, who was called to see deceased on the evening previous to her death, was examined at length in regard to her symptoms, and cause of her death. In his opinion she died from abortion, and the operation was probably performed on Monday.
M.J. Casey, of Hamilton, Dr. H.M. Smith, of this village (re-called) and John S. Allen, of this village, were sworn, but no new facts elicited.
Defendant was here offered an opportunity to make any statements he might desire to, but under the advice of counsel he declined to make any; and he was held to appear at the next Oyer and Terminer, giving bail in the sum of $1,000.
John D. Kelly the suspected party, is still at large, but it is hoped that he may soon be brought to justice.
Too much credit cannot be given to Sheriff Brown, for the untiring energy with which he has followed up this case from its commencement. Nothing on his part has been left undone, which might aid in ferreting out this outrageous affair, and he is entitled to the thanks of all good citizens.
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