March 10, 1892: Self-Induced Abortion Leads to Conspiracy Conviction

Summary: Carson Sterling of New Holland, PA was convicted of having conspired with 23-year-old Naomi Frances Resh of Leacock Township to commit the abortion that caused her death on March 10, 1892.

Carson "Carse" Sterling (sometimes spelled Sterling) was a liveryman living in New Holland, Pennsylvania. He was either 25 or 29 years of age. He had been keeping company with Naomi Frances Resh, an orphan who lived with her grandfather Gottlieb Grillborzer, and her aunts, Hettie and Rebecca, in Leacock Township, Pennsylvania. The two had been a couple from June to September of 1891. At that point, they had a quarrel and remained apart until February of 1892, when Carson twice visited Naomi at home.

On one of those visits, Naomi's aunt Rebecca would later testify, Naomi confronted Carson about having gotten her pregnant, and Carson had responded by telling her to shut up or he would choke her.

Some time after that, Naomi told her aunts that she was going to Philadelphia to see a doctor "who would relieve Naomi of her trouble for $100."

On February 18, Naomi and Carson made the trip to Philadelphia, where they stayed a couple of days with Carson's aunt. The doctor was a no-show so the couple went to New York to see Dr. H. W. Harner, also of New Holland, who was in New York attending professional lectures.

The couple met with Harner on February 19, and Naomi asked him to perpetrate an abortion. Harner told Naomi that abortion was dangerous and advised her not to go through with it. The couple then went to Harrisburg, Pennsylvania, remaining overnight before returning home on February 24. 

Naomi told her aunts that she expected to be "all right soon." Carson later came by to visit Naomi, but her aunts turned him away.

Naomi took ill. During the day on February 27, her relatives summoned Dr. Brainerd Leaman to attend to her. He found her to be feverish and ill and in active labor. She told him that she had tried three times to abort her baby using a catheter with a wire inside it provided to her by the baby's father, but did not name Carson.

Then at about 9:00 that evening, Naomi's relatives called in Dr. Samuel R. Sample. Naomi was in active labor and delivered a five-month stillborn baby boy at around 11:00. Naomi was already suffering from peritonitis and was in critical condition. 

While Dr. Sample did his best to save her, Naomi made a statement that said, in part, "Carse Stirling is the author of my trouble and the father of my child. He urged me to commit this act. We went to Philadelphia on Thursday, February 18, he telling me that we would meet a doctor from Christiana there. The doctor failed to appear. He said he would go to New York and consult a doctor of his acquaintance. We went to New York that same evening and saw the doctor. The doctor said that he knew that I was feeling very badly about this thing, and so was Carse, and if the law was not so strict in New York he would relieve me; but that I could do it just as well myself."

She added that either Carson or the doctor (sources differ) gave her a catheter and instructed her on how to use it to dislodge the unwanted baby. Naomi said that Carson told her to let him know if she took ill and he would send a doctor to care for her or she could call another doctor near home.  Upon returning home on the 24th, she said, she tried to use the catheter as instructed but failed. She tried again on the 25th and found the process and the aftermath very painful.

Naomi also told Dr. Sample, "Carse Stirling made me promise that if anything happened to me I was to take a false oath and clear him from all blame. The doctor in New York did not tell that there was any danger, but I was led to believe that I could manage it as well as any one."

Dr. Sample wrote up Naomi's statement for her to sign.

 

In spite of the best Dr. Sample could do, Naomi died at around 9 pm on Thursday, March 10.

Dr. Sample left promptly, heading to the home of District Attorney Reinoehl. He arrived at around 2:00 am and presented him with Naomi's deathbed statement. Reinoehl sent Dr. Sample to the police station with the following note:

"Make complaint at once before alderman or Mayor, and send warrant at once to arrest Carson Stirling on charge of procuring abortion and manslaughter. Act quickly."

The authorities took swift action, arresting Carson before daybreak at the boarding house where he lived. He was reportedly shocked to learn of Naomi's death. Carson said that he and Naomi had been engaged and intended to marry in the fall but the plan was hastened when he learned that Naomi was pregnant. He said that when they left Naomi's home he was planning to take her to Camden, New Jersey, to get married, but when they got as far as Philadelphia Naomi backed out. He said that he knew nothing about the abortion.

The coroner went to the Grillerbortger home to conduct an inquest, accompanied by a coroner's jury of six men. The conclusion of the inquest was, "From all evidence deceased met her death from pelvic cellulitis and peritonitis, the remote cause of which was brought on by an abortion at her own hands."

Carson was released on $2,000 bail pending trial. He was originally charged with involuntary manslaughter, abortion, and conspiracy, but after the witnesses were examined the manslaughter  and abortion charges were dropped.

Dr. Harner testified during the trial that he had met with Carson and Naomi in a room at the Bartholdi Hotel and asked the young man his intentions. He said that Stirling told him that he wanted to marry Naomi.  Dr. P. F. Sheaffer of Christiana, PA, admitted to knowing Carson Stirling but said he didn't know Naomi, and had never been consulted about an abortion much less agreed to perform one for $100.

Witnesses were called during the trial who knew one or both of the young couple and had seen them at various points on their journey, but none of them indicated that they knew the purpose of the trip.

Naomi's aunts testified as to all they had heard and observed, and identified the lethal catheter.

Carson was convicted of conspiracy to commit abortion in Naomi's death but appealed his conviction on the grounds that the only testimony against him was given by his co-conspirator and there was no actual evidence implicating him. He was granted a new trial in April of 1893. The judge directed a verdict of not guilty.

Watch Boyfriend Arrested After Self-Induced Abortion Death on YouTube.
Watch Boyfriend Arrested After Self-Induced Abortion Death on Rumble.

Sources:

• "A Young Man's Crime," The Lancaster (PA) Intelligencer, March 11, 1892
• "Woman's Love, Man's Shame," The Lancaster (PA) Examiner, March 12, 1892
• "Betrayed to Her Death," The (Lancaster, PA) New Era, March 12, 1892
• "The Eastern End Sensation," The Lancaster (PA) Examiner, March 26, 1892
• "Another Charge Against Stirling," (Lancaster, PA) Morning News, March 22, 1892
• "Stirling's Hearing," The (Lancaster, PA) Daily New Era, March 22, 1892
• "One Charge Dropped," The Lancaster Daily Intelligencer, March 22, 1892
• "Carson Stirling Held," The (Lancaster, PA) Morning News, March 23, 1892 
• "Not Manslaughter," The (Lancaster, PA) Inquirer, March 26, 1892
• "Sterling On Trial," The Lancaster (PA) Intelligencer, December 16, 1892
• "The Sterling Case," The (Lancaster, PA) Morning News, December 17, 1892
• "The Stirling Trial," The Lancaster (PA) Examiner, December 17, 1892
• "Sterling on Trial," The Lancaster Semi Weekly Intelligencer, December 17, 1892
• "Carson Stirling Guilty," The Lancaster Examiner, December 21, 1892
• "Sterling-Resh Case,"  The (Lancaster, PA) Inquirer, December 24, 1892
• "Granted a New Trial," The Lancaster Semi Weekly Intelligencer, April 19, 1893
• "Sterling Case Continued,"  The Lancaster (PA) Examiner, December 16, 1893
• "Wednesday Afternoon," The Lancaster (PA) Examiner, January 20, 1894