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| Mary Davies |
On Saturday, December 8, 1956, 26-year-old Mary Davies of Irvington, New York went to 61-year-old Spencer's office. As a physician, Spencer was typical of criminal abortionists. What was unusual about him was that rather than sneak the woman in through the back alley, Spencer plied his abortion trade openly.
Mary was a talented and ambitious young woman. In January of 1951, as a junior at Rockford College in Illinois, Mary was one of two students to attend a conference on the role of women in society. The following year she was featured in many organizations in the college yearbook.
Mary was working at a medical center and attending Columbia University when she learned of her pregnancy.
The Fatal Abortion
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. She went to spend the night at Hotel Loeper nearby.
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. However, resuscitation efforts evidently continued because Mary wasn't declared dead until 3:30 that afternoon.
Preparing for Trial
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| Dr. Robert Spencer |
William J. Keuch, chief detective of Schuylkill (pronounced "school kill") County, said that when he'd asked Spencer what a young woman from New York City was doing in Spencer's office in Ashland, Spencer answered, "I'm well known in the east. I specialize in women's diseases." Women, Spencer told Keuch, came to him from all over.
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.
Trial
The defense seemed to be based mostly on raising reasonable doubt that Mary had actually been pregnant at the time of the abortion. Different experts testified about how they'd drawn their conclusions. The argument evidently worked. Proceeding with an abortion procedure if the patient wasn't actually pregnant, evidently, regardless of Spencer's intention to abort a viable fetus, would not be considered a crime even if the patient died
Spencer's Response
Spencer's widow, Eleanor, told author 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.
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.
Newly added sources:
- Death certificate
- "Doctor Posts Bail In Death Of Girl," Wilkes Barre Times-Leader, March 2, 1957
- Untitled clipping, Star Tribune, January 28, 1951
- "3 Testify Against Doctor Accused of Performing Illegal Operation," Hazelton (PA) Plain Speaker, Jan. 9, 1959
- "Involuntary Manslaughter Courts To Go Before Schuylkill Jurors," Hazelton (PA) Plain Speaker, Mar. 15, 1957
- "Remark Causes Jury's Dismissal In Manslaughter Trial Of Doctor," Hazelton (PA) Plain Speaker, Mary 9, 1958
- "Toxicologist Probes Death," Hazelton (PA) Plain Speaker, Dec. 13, 1956
- "Asphyxiation Ruled Cause Of Death In Illegal Operation," Hazelton (PA) Plain Speaker, Jan. 15, 1959
- "Indicted Doctor Asks For Bill Of Particulars," Hazelton (PA) Plain Speaker, Mar. 28, 1957
- "Schuylkill County Has Mysterious Death," Hazelton (PA) Plain Speaker, Dec. 11, 1956
- "Grand Jury Indicts Doctor," Hazelton (PA) Plain Speaker, Mar. 19, 1957
- Dear Dr. Spencer (review)
- Dear Dr. Spencer (review)
- The Angel of Ashland


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