A colorized photograph of Dr. W. E. Lebo, taken around 1930. Dr. Lebo lived just east of the town of Gratz, Dauphin County, Pennsylvania, in a area just across the Schuylkill County line. Although his practice was in Gratz, he served the small communities of Spring Glen and Sacramento, often meeting patients at places like the Spring Glen Hotel. In February of 1930, a Millersburg, Dauphin County woman, made a death-bed statement at the Harrisburg Hospital that Dr. Lebo had performed an illegal operation [abortion] on her. When she died, there was an investigation which resulted in the arrest of Dr. Lebo. A trial took place in Pottsville with Dr. Lebo denying the charges. The main witness for the prosecution was the brother-in-law of the woman who claimed he had made the arrangements to have the operation performed by Dr. Lebo at the Spring Glen Hotel. After hearing the case with many witnesses coming forth in support of Dr. Lebo and his “air-tight” alibi, the jury acquitted him and he was set free.
What follows here are selections from area newspapers describing the most famous abortion trial of the Lykens Valley area for the year 1930.
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From the Harrisburg Evening News, February 11, 1930:
CORONER PROBES DEATH OF GIRL FROM UPPER END
County authorities are investigating circumstances surrounding the fatal illness of Pauline Fulkrod, 24, of Millersburg, R. D. 2, who died of peritonitis at 2:30 o’clock this morning in a local hospital.
Both Coroner Howard E. Milliken and the district attorney’s office, notified of the case by the hospital have started investigations.
Dr. D. E. Hottenstein, of Millersburg, who sent the girl to the hospital, said he diagnosed the case as peritonitis resulting from a criminal operation, which he learned was performed, he said four days before the girl came to him for treatment. He sent her to the hospital immediately.
Assistant District Attorney Karl E. Richards said the girl had made a statement.
The girl, according to the hospital report, was the daughter of Foster Fulkrod, and was employed as a shoe trimmer at the Johnson-Bailey shoe factory in Millersburg. She was admitted to the hospital yesterday afternoon at 2:45 o’clock.
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From the Harrisburg Evening News, February 12, 1930:
SCHUYLKILL COUNTY TO PROBE DEATH
Charles A. Snyder, district attorney for Schuylkill County, said today that he will investigate the alleged illegal operation performed by a Schuylkill County physician on Pauline Fulkrod, 24, of near Millersburg.
The investigation will be instituted immediately on the receipt of the information from the office of the Dauphin County district attorney, Snyder said. Karl E. Richards, assistant district attorney of Dauphin County, who investigated the case, said that he mailed the information to Snyder yesterday.
The young woman died at a local hospital yesterday. Richards said that the girl, in a statement made shortly before her death, implicated a physician residing in Schuylkill County, near the Dauphin County line.
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From the Lykens Standard, February 14, 1930:
MILLERSBURG GIRL’S DEATH BEING PROBED BY CORONER
County authorities are investigating circumstances surrounding the fatal illness of Pauline Fulkrod, 24, of Millersburg, R. D. 2, who died of peritonitis at 9:30 o’clock Tuesday morning in a Harrisburg hospital.
Both Coroner Howard E. Miliken and the district attorney’s office, notified of the case by the hospital, have started investigations.
Dr. D. E. Hottenstein, of Millersburg, who sent the girl to the hospital, said he diagnosed the case as peritonitis resulting from a criminal operation, which he had learned was performed, he said four days before the girl came to him for treatment. He sent her to the hospital immediately.
Assistant District Attorney Karl E. Richards, said the girl had made a statement.
The girl, according to the hospital report, was the daughter of Foster Fulkrod, and was employed as a shoe trimmer at the Johnson-Bailey shoe factory in Millersburg. She was admitted to the hospital Monday afternoon at 2:45 o’clock.
District Attorney Charles A. Snyder of Schuylkill County said that he would investigate the alleged illegal operation performed by a Schuylkill County physician upon the receipt of information from the office of the dauphin County district attorney.
Funeral services will be held from the home of Miss Fulkrod this afternoon at 2 o’clock, with burial in the Oak Hill Cemetery in Millersburg.
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From the Harrisburg Telegraph, February 15, 1930:
MILLERSBURG GIRL DIES, TWO ARRESTED
Dr. William E. Lebo, of Gratz, and John Kelly, 32, of Williamstown, were arrested last night by state police in connection with the death of Pauline Fulkrod, 24, also of Millersburg. Dr. Lebo and Kelly were arrested at the request of District Attorney Charles A. Snyder, of Schuylkill County, who charged the girl had died as the result of an illegal operation.
The two men were arraigned at Pottsville before Justice of the Peace Herb, but they waived a hearing and were held for court under bail of $2500 each.
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From the Pottsville Republican & Herald, February 15, 1930:
Held on a Serious Charge
Charged with performing an illegal operation on Miss Pauline Fulkrod, aged 24, of Millersburg, on February 6 [1930], Dr. W. E. Lebo, 47, of Gratz, and John J. Kelley, 34, of Millersburg, were held under $2,500 bail each last night by Justice Herb, of Pottsville. The two men were placed under arrest after the girl passed away at the Harris Hospital. It was also learned that the operation had been performed at a hotel in Spring Glen, Schuylkill County. State Trooper John Wormer, of the Reading barracks, and County Detective Buono made the arrests in the case.
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From the Harrisburg Evening News, February 15, 1930:
TWO GIVE BAIL IN GIRL’S DEATH
Arrested yesterday in connection with the death here of Miss Pauline Fulkrod, 24, of Millersburg, as the result of an alleged criminal operation, Dr. William E. Lebo, Gratz physician, and John Kelly, 32, of Millersburg, were held for court under $2500 bail each by Justice of the Peace Herb in Pottsville last night.
As the operation was performed in Spring Glen, Schuylkill County, according to a statement made by the girl several days before her death last Tuesday, the case will be tried in Schuylkill County.
The arrests were made by state Troopers Frutchey and Woomer and County Detective L. G. Burono, of Pottsville.
According to the Dauphin County authorities, who opened the investigation in the case, Kelley is the husband of the dead girl’s sister.
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From the West Schuylkill Press & Pine Grove Herald, February 21, 1930:
DOCTOR HELD UNDER BAIL BY ALDERMAN
Dr. W. E. Lebo, aged 47 years of Gratz, and John J. Kelly, aged 34, of Millersburg were held under $2,500 bail each to appear before Alderman Herb of Pottsville, charged with being responsible for the death of Pauline Fulkrod, aged 24, of Millersburg on February 6 [sic]. Dr. Lebo is charged with performing a criminal operation on the girl while Kelly is charged with complicity.
The girl died in the Harrisburg Hospital and Assistant District Attorney, Carl Richards, of Harrisburg turned the case over to District Attorney Snyder when it was learned that the operation had been performed in a hotel at Spring Glen this county.
John Wormer of the Reading Barracks together with county detective Buono were assigned to the case. Buono arrested Kelly Thursday and he was held at the local jail pending the arrest of Lebo who was apprehended at his home at Gratz by Buono last night.
According to the officers, Kelly confessed the whole affair and implicated Lebo.
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From the Pottsville Republican & Herald, June 19, 1930:
VARIED CASES BEING HEARD BY THREE JUDGES
Pottsville, June 19 [1930] — Criminal Court was still under way today and it was possible that the end of the list would be reached tomorrow. Several of the judges were occupied today in trying small cases and Judge Micks sitting in Court Room number two took up the abortion case in which Dr. William E. Lebo of Gratz, Dauphin County, is the defendant, and is charged with having performed a criminal operation upon Pauline Fulkrod at the Spring Glen Hotel in this county, on February 18, last.
The woman subsequently died of the effects of the operation and it was unearthed by County Detective Louis Buono, who is the nominal prosecutor in the case.
Most of the morning was spent in the work of selecting a jury and each side executed a majority of the twenty challenges allowed them so that it was nearly noon before the hearing of evidence began.
James J. Gallagher is trying the case for the Commonwealth and A. D. Knittle and C. M. Palmer represent the defendant.
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From the Pottsville Republican & Herald, June 20, 1930:
DOCTOR CLAIMS ALIBI
When the defense opened in the trial of William Lebo, of Gratz, who is charged with performing an illegal operation upon Miss Fulkrod, of Williamstown [sic], who died as a result of the same, was opened, Dr. Lebo took the stand in his own defense and testified that he had not performed the operation nor did he know if it or know the girl involved. He denied knowing Kelly, who testified that he had arranged for the operation, but admitted that Kelly had road [sic] with him since the incident and he had talked with him several times.
He also claimed that he had left Gratz on the night of the supposed operation and had gone to Lykens, where he met Mr. Laudenslager, a retired farmer, and together they went to a movie at Williamstown, where they witnessed “The Desert Song.”
Later he went back to Gratz and with Samuel Shick and others met Leroy Willard. They also met Thomas Hoffman, who arranged with Dr. Lebo to attend a confinement case at the home of his sister, Mrs. Anton Hoover, where he remained until 5 a. m. the next morning. The testimony in the case closed at noon and the closing addressed were later made to the jury.
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From the Pottsville Republican, June 19, 1930:
GRATZ DOCTOR WENT ON TRIAL
Charged with performing an illegal operation upon Pauline Fulkrod, of Millersburg, as the result of which she died a few days later in a Harrisburg hospital, Dr. William Lebo, of Gratz, went on trial late Wednesday afternoon before Judge Hicks. Selection of the jury was just started when Court adjourned for the day and the 12 jurors were secured Thursday morning, and the hearing of evidence begun.
Dr. Lebo is charged with having performed the operation at the request of John E. Kelly, of Williamstown, who appeared as a witness for the Commonwealth in the case, on the night of February 6th [1930], at the Zerbe Hotel at Spring Glen.
The following day, Sunday, the girl’s family physician, Dr. David E. Hottenstein, ordered her removal to a Harrisburg hospital, where she died on Monday evening.
County Detective Louis Buono investigated the case, and is the nominal prosecutor against Dr. Lebo. Although the parties in the case are residents of Dauphin County, the operation was performed inside of Schuylkill County, making it a case for the local courts.
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From the Pottsville Republican, June 20, 1930:
GRATZ DOCTOR HAS AN ABIBI
An alibi, tracing his movements from six o’clock Thursday evening, February 6, to six o’clock Friday morning, February 7, was the principal item in the defense of Dr. William C. Lebo, now on trial before Judge Hicks in court room No. 2, on a charge of performing an illegal operation on Miss Paulina Fulkrod of Millersburg.
Attorney A. D. Knittle opened the case for the defense by outlining the alibi.
Dr. Lebo took the stand and after stating that he was 56 years of age and a resident and physician in Gratz since 1899, said he left Gratz at 7:45 o’clock, the hour at which Kelly said he arrived at Dr. Lebo’s office with Miss Fulkrod. Dr. Lebo claimed to have gone to Lykens with a Mr. Laudenslager of Gratz, a retired farmer, to see the “Desert Song” in a Lykens theatre and they were in the show till about ten o’clock.
In the theatre they sat in front of Leroy Williard, of Lykens, and spoke to him and when they came outside they saw Samuel Sheip, also of Lykens. With Scheip, Dr. Lebo and Laudenslager went to the Moose where they remained for a half hour, enjoying some lunch and a cigar, and Dr. Lebo and Laudenslager then left for Gratz while Scheip went to his home.
Dr. Lebo said he arrived at his home at about eleven o’clock and met on his arrival by Thomas Hoffman, who informed him that his sister, Mrs. Landon Hoover, needed his services immediately. Dr. Lebo went with Hoffman to the Hoffman home and remained there till after 5 o’clock the next morning when a child was born to Mrs. Hoover.
William Zerbe, proprietor of the hotel at Spring Glen said that he did not know Kelly and that Dr. Lebo and Kelly were not in his hotel on February 6. He said that Dr. Lebo had not been in hotel at all on that day but admitted that occasionally called there and sometimes was met by patients at the hotel.
Samuel Scheip, of Lykens, was called and testified as to Dr. Lebo’s movements in Lykens on February 6th, and Thomas Hoffman, of Gratz, related how he had waited for the doctor to return home on the night of February 6th.
Mrs. Landon Hoover, her mother, Mrs. Sally Hoffman, Henry Wenrich, George Adams, Ivan R. Rothermel and Earl Hoffman were all called as character witnesses by the defense after which the defense closed its case.
In rebuttal, the Commonwealth recalled John Kelly to the stand. He produced a government liquor prescription given to him by Dr. Lebo and dated January 6. Kelly claimed that he was given the prescription on February 6. However, admission of the certificate was objected to by Attorney Knittle on the ground that it was not rebuttal. Judge Hicks sustained his objection.
Corporal Russell M. Fruetchey of the state police was also called, but his testimony was not allowed on the same objection by Attorney Knittle that it was not rebuttal. The Commonwealth intended to show by Corporal Fruetchey that he with Officer Wommer had brought Dr. Lebo to Pottsville and on the way in from Gratz the doctor had told them he was uncertain as to whether or not he was at Spring Glen on February 6. The doctor later determined by referring in his records about the birth of the Hoover child that he was not in Spring Glen on the sixth of February.
The Commonwealth rested its case at 11:20 o’clock and Judge Hicks allowed thirty minutes for an address by each side to the jury. Attorney C. M. Palmer addressed the jury for the defendant, and Deputy District Attorney Gallagher closed for the Commonwealth.
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From the Pottsville Republican & Herald, June 21, 1930:
JURY ACQUITTED DR. OF ILLEGAL OPERATION
Physician Presented An Alibi Which Was Well Supported….
Pottsville, June 21 [1930] — A sealed verdict was returned to Judge Hicks’ court this morning in the case in which Dr. William E. Lebo, of Gratz, was charged with performing an illegal operation upon Pauline Fulkrod, of Millersburg, ended the June term of Criminal court and gave the doctor his freedom, as the jury acquitted him upon both charges in the indictment.
Lebo was alleged to have met the girl at the Zerbe Hotel at Spring Glen and was supposed to have performed the operation which resulted fatally for the girl. The doctor, however, advanced the alibi in his defense which carried great weight with the jury. Despite the allegations of John Kelley that he had arranged for the operation and that it was performed one hour after the arrangements had been made at Spring Glen.
Dr. Lebo contended that he had gone to a movie show in Lykens on the night in question and produced witnesses to prove that he did and also that he attended a confinement case later in the evening that occupied him until 5 o’clock the next morning.
James J. Gallagher, deputy in the office of District Attorney Snyder, waged a hard fight to convict the doctor and produced a very excellent case. The character of some of the witnesses, however, who were believed to have a direct interest in the case, defeated the ends of the Commonwealth, it was believed….
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From the Pottsville Republican, June 21, 1930:
FIND DR. LEBO NOT GUILTY
Note: Other than the headline, the above article which appeared on the front page of the Republican, was difficult to transcribe because half of it was blurred.
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From the Elizabethville Echo, June 26, 1930:
JURY ACQUITS GRATZ PHYSICIAN
After deliberating all night, a jury in Schuylkill County Court at Pottsville, returned a verdict of acquittal, last Saturday morning, for Dr. W. E. Lebo, Gratz physician who had been charged with having performed a criminal operation.
The charges were brought in connection with the death of Miss Pauline Fulkroad, 24, daughter of Mr. and Mrs. Foster Fulkroad, Millersburg, R. D. 2, on February 11, 1930. It is claimed a Millersburg physician diagnosed her illness as peritonitis, following an operation supposed to have been committed in the Spring Glen Hotel on the evening of February 6th. A man by the name of Kelley had been implicated in the case with the physician.
For his defense, Lebo’s counsel presented an alibi which could not be penetrated by attorneys for the commonwealth. Witnesses to prove this and to testify to his character were also heard. The witnesses produced an unbroken story of Dr. Lebo’s whereabouts between the hours of 6 P. M. Friday February 6 and 6 A. M. Saturday February 7th, during which period the operation was alleged to have been made.
William Zerbe, proprietor of the Spring Glen hostelry, another witness for Lebo, claimed he did not know Kelly and that he did not see Dr. Lebo in his hotel during the hours stated.
Judge Hicks who sat on the case charged the jury at 3:15 o’clock Friday afternoon. After a night of deliberation, the jury returned the verdict that acquitted the physician, at 9:40 o’clock Saturday morning.
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From the West Schuylkill Herald, June 27, 1930:
GRATZ DOCTOR ACQUITTED OF GIRL’S DEATH
A sealed verdict returned to Judge Hicks’ Court Saturday morning in the case in which Dr. William E. Lebo, of Gratz, was charged with performing an illegal operation upon Paulina Fulkrod, ended the June term of Criminal Court, and gave the doctor his freedom as the jury acquitted him upon both charges in the indictment.
The doctor, advanced an alibi in his defense, which carried great weight with the jury. Despite the allegations of John Kelly that he had arranged for the operation and that it was performed an hour after the arrangement had been made at the Spring Glen Hotel, Dr. Lebo contended that that he had gone to a movie show in Lykens on the night in question and produced witnesses to prove that he did and also that he attended a confinement case later in the evening which occupied him until 5 a. m. the next morning.
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From the Lykens Standard, June 27, 1930:
FIND DR. LEBO NOT GUILTY
Convinced that his story as to his movements on the evening of February 6th, would not have allowed him to perform an illegal operation upon Pauline Fulkrod of Millersburg, the jury which heard the case against Dr. William E. Lebo, of Gratz, returned a verdict of not guilty before Judge Hicks in Schuylkill County Court, Saturday morning.
Receiving the case Friday afternoon at 3:15 o’clock, the jury returned their verdict Saturday morning at 9:40 o’clock, after deliberating all night. The testimony in the case was completed Friday morning at 11:20 o’clock and closing addresses by Attorney C. M. Palmer for the defense, and Deputy District Attorney James Gallagher for the Commonwealth, occupied the rest of the morning session. Judge Hicks began his charge to the jury at the opening of Court Friday afternoon, and completed it at 3:15 o’clock.
Dr. Lebo, with his counsel, A. D. Knittle and C. M. Palmer, were in court at 9:30 o’clock, Saturday morning, and within a few minutes after the usual opening of Court, the jury sent word down that they had prepared their verdict. As soon as the verdict was read, the Court adjourned.
In his defense, Dr. Lebo offered a strong alibi that the Commonwealth could not penetrate.
Deputy District Attorney Gallagher waged a hard fight to convict Dr. Lebo, and built up a strong case against him, but could not break down the doctor’s alibi. A dying statement signed by Pauline Fulkrod and read in Court by Dr. Hottenstine, of Millersburg, who attended the girl, and ordered her removal to the hospital, accused Dr. Lebo of performing the operation. John Kelly, who claimed to have arranged for the operation with Dr. Lebo, and the girl’s mother, were the two principal witnesses against Lebo.
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Corrections and additional information should be added as comments to this post.