On November 8, 1875, 19-year-old Mary Alice Foorman left her home in Eaton, Indiana. She had, the family said, been on the way to visit a brother at Dunkirk, about ten miles away. At the beginning of December, she had failed to return home, and was reported missing by her family. "No traces could be found of her, and grave suspicions were entertained."
Detective J. H. D. Rodgers of Chicago went to Eaton and spent eight days
on an investigation. He learned that she had become pregnant by a man
named Nathan Smith, who had given her $100 to arrange an abortion. Mary
had confessed this to her family before leaving home, but had told them
she would return in a few months. This seems to indicate that at least
some of Mary's family members believed that she had gone away to have
her baby secretly.
The Chicago detective was satisfied, but the local deputy prosecutor continued to investigate the case.
On April 24, the case broke. Dr. J. F. McIlwain and Nathan Smith were arrested and charged with murder in Mary's disappearance. Dr. H. V. Manzer
had moved to Michigan since Mary's disappearance and was
extradited back to Indiana a few days later. On May 2, a local man named
Robert Brandt was also arrested and charged with murder.
Mary's brother John also finally broke down and confessed that he knew
what had become of her. On May 7, 1876, he led authorities to a swamp a
few miles south of town. There, "under the root of a fallen tree,
loosely covered with twigs, dirt, bark, etc.," authorities "all that
remained of the unfortunate girl ..., as indicated by the brother."
"The body was buried in a wet portion of ground; the grave was about two
feet deep, dug in an excavation caused by at tree having been blown
over by its roots. About six inches of soil and some pieces of wood were
thrown over the body, and all under water of some depth. The soil was
so loose that the finder dug out the corpse simply with his hands. The
body was dressed in a pair of cotton hose, cotton drawers, chemise, and
night-gown. A woolen shawl lay across the chest, and the body was
wrapped in a coarse woolen blanket."
Mary's remains, identified by her brother and multiple witnesses, were carried to a nearby house for a post-mortem examination.
features were well preserved, and looked quite natural for several hours
after disinterment." The water and freezing weather were credited for
the excellent state of preservation after being buried for six months. Doctors, from the lack of blood in Mary's body, concluded that
she had bled to death.
Another doctor examined Mary's body when it was brought to the village of
Eaton for burial. He was concerned that the autopsy hadn't been thorough
enough, and telegraphed for the original medical examiners to join him
in a second autopsy. By that time, Mary's body had decomposed
considerably. Her uterus had been removed and preserved, and was in good
condition and showed evidence of pregnancy.
"During the day thousands of persons of both sexes and all ages viewed the corpse." Mary was given a proper burial in Eaton.
John Foorman told the authorities that he had allowed Mary's body to be
disposed of by Mauzer and Brandt rather than reveal that she had gotten
pregnant out of wedlock and submitted to an abortion. Her other four or
five brothers were told what had happened to their sister. Stories
conflict as to exactly what they were told -- either that Mary had
performed the abortion herself or that their mother had arranged it. The
entire family agreed to keep the secret rather than risk the arrest of
Mrs. Foorman for murder.
Dr. McIlwain testified that Mary had consulted with him three times in
October of 1875, "in regard to the cessation of her menses."
McIlwain said that he refused an abortion, and offered
a referral to the Home of the Friendless at Fort Wayne, where Mary could
have her baby. He said he agreed to take her there, and picked her up
at her home on November 8. Instead of proceeding to Fort Wayne, he took
Mary to his home, where he was detained by business for several days,
during which he kept Mary there.
On the morning of the 11th, McIllwain said, Mary reported a chill, She
became progressively more chilled as the day progressed, McIlwain said,
so he gave her an extra quilt, but didn't examine her. Early that
evening he found her "shaking; muscles rigid." He went for Dr. Mauzer,
and, making "no close examination" he "found her pulse rapid. She was in
spasms, hands clenched and arms rigid." Mary "complained about nothing
but cold, and called frequently for water. She was conscious until a few
minutes before she died. After death blood issued from her mouth and
Dr. Mauzer testified that Mary's pulse had been between 100 and 130.
"Her face was flushed, more or less protruded, and pupils dilated."
Mauzer said that Mary told him she'd been taking oil of tansy and oil of
savin. She died at about 6 p.m. After helping to bury her, he said, he
returned to McIlwain's house and found "a broken goblet" with a bit of
dark fluid and white precipitate. He concluded that Mary had died of
The medical examiner reviewed the presented evidence, which he indicated clearly
showed a pregnancy of about five months, as well as instrumentation from
an induced abortion. The cause of death was likely hemorrhage. There
was no evidence of poisoning.
"The very manner of disposing of the body is stamped with guilt, and the
lashing of a guilty conscience in John Foorman, brother of the
deceased, who was cognizant of all the facts, would not let him rest,
and he eventually confessed all, adding additional proof to the maxim
that 'murder will out.'"
Evidently Mary had been beloved in the town, and the crime against her
considered particularly heinous, for "it was all the officers could do
to keep the people from breaking into the jail and lynching the doctors
McIlwain served out a two-year sentence as an assistant surgeon in the
state prison's hospital. Mauzer spent about eight months in the Delaware
County jail until the case against him was dismissed.