Mary returned at about 10 AM on the 9th. He administered 13 cc's of Evipal in a 10% solution to induce anesthesia. "I injected that solution into the vein of the left arm and in ten seconds she was asleep." Spencer said that the next thing he noticed was that Mary wasn't breathing. She also appeared blue. He injected five cc's of "Metrozol" into her left leg. She didn't respond, so he gave her an additional five cc's of "Metrozol", this time injecting the drug into a vein. Mary still did not respond, so Spencer attempted to resuscitate her with oxygen. He called his assistant, Mildred Zettlemoyer, into the room to assist him. With Mary in Zettlemoyer's care, Spencer went to another part of the building to retrieve adrenaline. He gave Mary three injections of adrenaline
Mary still was not responding, so Spencer had Zettlemoyer call the laboratory assistant, Steve Sekunda, and tell him to come to the office. Spencer put a breathing tube into Mary's throat, but had to work blind because the light on his scope wasn't working. He resumed artificial respiration, "and pulled on her tongue, but got no response." By the time Sekunda arrived, at around 11:30, Spencer had concluded that Mary was dead. The puzzled man concluded "that this patient died in my office from some heart disease."
Dr. Milton Helpern, chief medical examiner for New York City, was among the experts that testified in Spencer's trial for Mary's death. Helpern concluded that Mary had been pregnant, that the pregnancy had been terminated right before her death, and that she'd died from administration of a drug used for anesthesia for performing a D&C. Mary had been in good health prior to her death.
Patricia G. Miller, author of The Worst Of Times, asked another doctor, "Dr. Bert," who had practiced before legalization, to review news reports of Mary's death and speculate as to whether Mary would have died had abortion been legal. "Dr. Bert" faulted Spencer for not having an assistant while he was administering general anesthesia. "In my view, to give a general anesthetic alone is below good medical care, even in those days." He speculated that Spencer had not had an assistant working with him due to the law against abortion -- an odd speculation, since Spencer was doing abortions quite openly, with at least one member of his staff present in the building. It's also an odd speculation considering how many legal abortionists have had patients die from anesthesia complications, either due to inadequate supervision of the anesthesia process or inadequate resuscitation efforts.
Spencer's widow, Eleanor, told Patricia Miller that her husband had been quite stricken by Mary Davies' death. He continued to perform abortions, however, along with his regular medical practice, up until the trial. He was acquitted on all counts, likely because it was impossible to prove that Mary hadn't either miscarried during those two weeks of bleeding prior to her appointment with Spencer, or been aborted by somebody else. No mention is made of any fetal remains being found in Mary's body or in Spencer's office.
Spencer briefly stopped doing abortions after the trial, "for a month or so," his widow said. But he resumed his business and eventually got entangled with a fellow named Harry Mace who set up a business for himself rounding up abortion patients and bringing them to Spencer. Spencer's widow lamented that Mace flooded Spencer with patients, pressuring him to rush through abortions. Spencer's health began to fail. He was arrested again, due to the attention from Mace's activities, but died before the case went to trial.
Mary Davies is the only woman known to have died from abortion related complications under Spencer's care. Spencer is estimated to have performed between 40,000 and 100,000 abortions.
For more on pre-legalization abortion, see The Bad Old Days of Abortion
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