Anna Pearl Fazio, nee Kirby, had lived with her sister, Ethel Colby, in her Chicago home for about a year pending her divorce as the winter of 1928-29 drew to a close.
Genealogical records showed that Anna, only 20 years of age, had lived a difficult life. When she was just a toddler, her 2-year-old brother died. When Anna was 6 years old, her 4-year-old sister died. When she was 7, her 10-year-old brother died. When she was 15 years old she lost her 27-year-old sister and then less than a year later her mother.
So what was happening that February of 1929?
Ethel said that Anna had been perfectly healthy on February 4, 1929 when she left her sister's home and went to the Chicago home of midwife Marie Zwienczak for an abortion.Elmer Kagel had been keeping company with Anna, intending to marry her after her divorce. He visited her daily at Zwienczak's house beginning on February 4, when she had appeared healthy. She started to seem seriously ill on the 6th.
Ethel visited Anna at Zwienczak's home on February 11 and found her to be very ill. Elmer also visited at the house that day and saw how sick Anna was.
Dr. Marion Swiont also went to Zwienczak's home on February 11 and saw Anna. He found her to be severely ill, almost lifeless, due to peritonitis. He spoke to Zwienczak about how sick her patient was. He said that Zwienczak admitted to having done an abortion and that four days later -- which would have been February 8 -- either she or another midwife did a D&C to address the complications. She requested that he prescribe medication for Anna, but he told her that she was too sick to be treated in the home; she needed to go to a hospital.
Edward Conrath, who said that he frequently served of a chauffeur for Zwienczak, testified that he was the one who drove Anna to the hospital that day, accompanied by Elmer. He said that Anna lamented causing so much trouble for the midwife, because she had been so kind.
Dr. Swiont saw Anna again on the evening of February 12.
Anna died on February 13.
Zwienczak was arrested March 1, as recommended by the coroner. Stephanie Paczkiewicz was booked on February 23 as an accessory, but was not mentioned in the verdict. Zwienczak was indicted for homicide by a grand jury and went on trial.
Zwienczak insisted that Anna had already been weak and hemorrhaging when she had arrived at her home. She denied perpetrating an abortion but said that she had only given her food and used a syringe to douche the patient. She insisted that there was no evidence that there was no actual evidence that Anna had been pregnant, much less that she had undergone a fatal abortion.
She was convicted, and was sentenced on June 20 to 14 years at Joliet Penitentiary. She appealed her conviction but it was upheld.
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