January 29, 1936: Citizens' Calls Lead to Exhumation and Discovery

Rose Lipner, age 32, a homemaker and mother of 2, died at Riverdale Hospital on January 29, 1936. Rose was buried the next day at Mount Judah Cemetery in Cypress Hills, New York. Dr. Maxwell C. Katz, who owned and lived at Riverdale (maternity) Hospital, which he operated, signed a death certificate indicating that Rose had been operated on there for a tumor. 

After the funeral, several people, including an anonymous caller, notified police and the District Attorney's office that the death was suspicious, and Rose was exhumed for an autopsy. The medical examiner determined that Rose had died from caused by an abortion. 

Katz was arraigned for second-degree manslaughter. 

During his trial, his defense brought forth a large number of character witnesses testifying to his 25 years as a physician and his good reputation. There are many articles in local newspapers about Katz's work and travels, including taking his wife and daughters with him to Europe to study with various surgeons there.

Katz did admit to performing an abortion on Rose, but said that it was in an attempt to save her life. This is a dubious claim, since he could have checked Rose into a hospital and done the abortion openly if he had considered it essential to save her life. He insisted that he had only lied on the death certificate to protect Rose's reputation -- again, a step that would not have been necessary if she had died from surgery intended to save her life.

Dr. Maxwell C. Katz

In spite of his dubious claims, the defense was successful, and he was acquitted. 

Watch Dr. Katz's Dilemma on YouTube.

Sources:

• "Doctor Seized in Woman's Death," Brooklyn Times Union, February 8, 1936
• "Doctor is Held in Manslaughter," Brooklyn Times Union, February 17, 1936
• "Dr. Katz Freed In $2,500 Bail On Death Charge," Brooklyn Daily Eagle, February 18, 1936
• "Women Cheer as Jury Clears Doctor in Death," NY Daily News, October 31, 1936