According to Spencer, Mary was alone, and reported that she'd been bleeding for about two weeks. He didn't examine her, but gave her medication for pain and Ergotrate to stop the bleeding. He told her to return the following day for her abortion.
Mary returned at about 10 AM on the 9th. He administered 13 ccs. 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. Mary did not respond to medications intended to revive her, so Spencer attempted to resuscitate her with oxygen. He called his assistant, Mildred Zettlemoyer, into the room to assist him.
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. By the time Sekunda arrived, at around 11:30, Spencer had concluded that Mary was dead.
Spencer wasn't arrested until after 12 weeks of investigation, which included sending Mary's organs to Dr. Milton Helman, a member of the New York Medical Board, for toxicology review..
When the case was finally ready to go to court in May of 1958, the entire trial was derailed when, during jury selection, one woman asked to be excused because, she said, "I served on a jury in which Dr. Spencer was involved before." This statement was considered prejudicial to Spencer, thus tainting the other jurors.
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 in 1969 before the case went to trial.