Oxford Times, Oxford, NY, May 20, 1874
Miss Nellie Le Clear, sister of the girl who met such a tragic death at the Chenango house [Norwich, Chenango Co. NY], week before last, was in town on Monday, looking after the things belonging to her sister. She informed us that Josephine had talked to her about her engagement with John D. Kelly; that Kelly had promised that as soon as he could sell the hotel at Hamilton [Madison Co. NY], and settle up his business, they would get married. The wedding would take place during the past winter. The family have received two letters from Kelly since the death of Josephine, in which he claims that he had shipped the body and paid the expenses, not from any interested motive, but out of friendship for the girl and her family. It is probably out of friendship for Kelly that he keeps out of the reach of the officers of the law.
Sheriff Brown kindly assisted Miss Le Clear, and the proprietor of the Chenango House surrendered to her the clothing belonging to poor Josie and tendered her the hospitality of the house.
Arrest of John D. Kelly
Chenango Union, October 22, 1874
Our readers will remember an account published last spring, of the death of Josephine Le Clear, which occurred at the Chenango house in this village, on the 29th of April last, from the effects of an abortion produced upon her person. John D. Kelly of Hamilton, the party suspected of being the principal in the case, left at that time for parts unknown, and although efforts have since been made to ascertain his whereabouts, they were not until Friday of last week successful. A dispatch from Hamilton of that day informed Sheriff Brown that Kelly was in that village, he having returned to his home to attend the funeral of a brother. Officer Smith at once proceeded to Hamilton, where he arrested Kelly and lodged him in jail in this village, under an indictment by the Grand Jury. On Saturday, Sheriff Brown accompanied his prisoner to Hamilton, where he attended the funeral; after which they returned to this place, where Kelly is still confined, in default of bail.
P.S. Since the above was in type, we learn that Kelly was on Monday admitted to bail, in the sum of $3,000, T.C. Pettis, of Oxford, becoming his bondsman.
The Le Clear Abortion Case Trial
Chenango Union, April 1875
The trial of Dr. Peter B. Havens, under indictment for producing an abortion upon Miss Josephine Le Clear, thereby causing her death was commenced in the Court of Sessions on Monday afternoon. District Attorney Knapp, and Solomon Bundy, Esq., appeared for the people, and D.G. Wellington, of Hamilton and Hon. E.H. Prindle and Isaac S. Newton, Esq., of Norwich, for the defendant. The following persons were sworn in as jurors: George W. Church, Smithville; Gilbert J. Park, Coventry; Sidney Howard, Columbus; Samuel W. Kinney, Oxford; Amos Bowen, Guilford; Leonard Titus, North Norwich; George Thomas, German; John J. Godfrey, Sylvanus Carhart, Guilford; M.M. Newton, Pitcher; William Arnold, McDonough; Robert McCray, Smithville.
District Attorney Knapp opened the case for the people, briefly reviewing the case. At the conclusion of his opening, a motion was made to quash the indictment, on the ground that it was defective; but the motion was denied.
Normon Cox, proprietor of the Chenango House, where the woman died, was the witness called. He related her condition while at the hotel but was not permitted to state anything that she told him in regard to the perpetrator of the crime. Dr. H.K. Bellows, Dr. James J. Wescott, and Dr. H.M. Smith, testified to the fact that an abortion had been produced, and that death was caused thereby. They also testified that the woman had been shockingly mutilated by the operation. Dr. Elisha George, of Syracuse, who made the postmortem examination, was also examined at length as to the cause of her death, and extent and nature of the injuries.
Besides these, the following named witnesses were sworn for the people: Calista A. Evans, Anna Onday, John N. Ingalls, George Pratt, Fran Burrows, Mary Baker, Ellen La Clear, Lydia Dunbar, and Fanny Woods.
One of these witnesses swore that he saw Dr. Havens come out of the room occupied by Miss Le Clear at the hotel in Hamilton, on the day and at the hour the abortion was alleged to have been produced. Another testified to having seem Dr. Havens in company with Kelly in the sitting room of the hotel in Hamilton, on the afternoon mentioned, and that Miss Le Clear was in the room. The testimony of the other witnesses was unimportant, relating principally to the condition of Miss Le Clear immediately preceding her death at the Chenango House.
The last witness called was John D. Kelly, who is under indictment as accessory to this crime. After taking the stand, his counsel objected to his testifying, on the ground that he might injure his own case. He therefore declined to testify. Upon this witness the prosecution relied for direct testimony fastening the guilt upon Dr. Havens. No other positive and direct proof could be obtained. The case for the people was therefore declared closed.
Counsel for defendant again moved to have the indictment quashed and argued at length to show that it was defective under existing statutes. This motion was denied, and then by agreement the case was submitted to the jury, without examining any witnesses for the defense. In his charge to the jury, Judge Prindle held that the evidence against the accused was not sufficient to warrant a conviction. The jury was out but a short time and returned a verdict of not guilty.
This case has occupied a good deal of attention in this community. The crime was a most shocking and brutal one. We congratulate Dr. Havens upon his acquittal, but we cannot help wishing that he had been able to show beyond a question of doubt that he was in no manner connected with the affair. We approve the verdict of the jury, as the evidence was not sufficient to warrant a conviction. In the meantime, all will unite in the wish that the perpetrators of the crime will eventually be brought to justice.
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