Emily Albright was a student nurse at Pottsville Hospital. Dr. C. E. Bingaman, of Reading, Berks County, worked at the Pottsville Hospital for a time while Emily was a student there. Dr. T. C. Fegley was a practicing physician at Tremont, Schuylkill County, Pennsylvania. In 1911, Emily died of peritonitis at her home in Northumberland County, most likely as a result of a “criminal operation” or abortion.
This abortion case involves travel over several counties by the participants. Charges were brought in Pottsville, Schuylkill County, against the two doctors. The trial itself had to be delayed and postponed several times – because there was difficulty in seating a panel, because of the illness of one juror, because another juror had to be discharged due to insanity, and because whiskey was being delivered to the hotel rooms of the sequestered jurors.
The basic question the jurors were faced with was who initiated the abortion? The defense tried to prove that Emily had tried to abort the fetus herself, and when that went bad, she turned to a friend, Dr. Bingaman, for help. Bingaman tried to help her, and when he felt he needed assistance, he took her to Dr. Fegley in Tremont. Dr. Fegley treated her and then she left with Dr. Bingaman. The defense also tried to impugn Emily’s character. The prosecution focused on the actions of the two doctors, claiming it was they who initiated the abortion.
In the end, the trial went forward with the lurid details spread over the local and regional newspapers. Dr. Fegley, who claimed he was only acting as a “consultant” in the case, was acquitted. Dr. Bingaman was convicted and sentenced to two years in the county jail. However, there was an appeal, the results of which will be reported in a follow-up blog post.
The story is told through local and area newspapers of the time.
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From the Pottsville Republican & Herald, March 14, 1911:
PHYSICAL SERIOUSLY CHARGED
Pottsville, March 14 [1911] — Acting on information received last night at the inquest to investigate the death of Miss Emily Albright, of Mt. Carmel, a nurse, who died last Friday from the effects of a criminal operation, warrants were sworn out today and placed in the hands of the State Police for the arrest of Dr. Bingaman, of town, and Dr. Fegley, of Tremont, charging them with performing the operation. It is said that the former physician has left town and the officers are unable to locate him. The deceased was formerly located here. It is said that the dying nurse made a confession to her mother and the latter appeared at the inquest and gave the information. An autopsy was also held.
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From the Pine Grove Press Herald, March 17, 1911:
A SERIOUS CHARGE
The Pottsville Journal of Tuesday evening says: As the result of an autopsy performed upon the body of Emily M. Albright who died at Mt. Carmel last Friday night by Dr. R. M. Monetlius, last Monday night, the corner’s [sic] jury rendered a verdict declaring that the girl came to her death as the result of a criminal operation performed by Dr. C. E. Bingaman, of Pottsville, and Dr. T. C. Fegley, of Tremont, at the latter place wither on Monday or Tuesday of last week. Warrants have been sworn out for the arrest of the two men.
Miss Albright, who was a student at the Pottsville Hospital for some years past, died at her home at Mt. Carmel last Friday night, but a short time before passing away made a deathbed confession to her mother who later appeared before the corner’s [sic] jury and repeated it. Corner [sic] Malone, of Northumberland County immediately requested Dr. Montelius of Mt. Carmel to perform an autopsy. This was done and the story told by the girl’s mother was verified. The jury after hearing the mother’s story and the result of the autopsy, brought in a verdict attributing her death to the criminal operation and giving Drs. Bingaman and Fegley as those who performed it. No action was recommended but the corner [sic] at once notified the criminal authorities and as a result County Detective John Glass appeared before ‘Squire Freiler at Pottsville, early Tuesday morning and after swearing out warrants for the arrest of the two men, entrusted them to the state police to serve.
According to the story told by Mrs. Albright before the jury, her daughter and Dr. Bingaman came to her home on Monday of last week and appraising her mother of Miss Albright’s condition told her that he was responsible for it. The intention of performing an operation was expressed but Mrs. Albright protested mightily and insisted that there be a marriage. However, she was finally won over as Emily declared that the doctor had no practice and could not support her. She said that he could marry her later on. According to the testimony the two then went to Tremont where the operation is supposed to have been performed. Later she returned home in a weakened condition, and sinking rapidly, died Friday evening at 7:30.
The story told by Mrs. Albright is a pitiful one. Emily was her only child, her father and a brother died since the family removed to Mt. Carmel from Iowa. To keep her daughter at the Hospital, she was compelled to go out working, her hope being that when she graduated she would be able to support both in comfort. In relating the details of the unpleasant story, she frequently burst into tears and sobbed piteously. By the death of her daughter she is left absolutely alone in the world with no means of support.
Emily Albright is well known to many local people through her connection with the hospital. She was about twenty-four years old, Dark complexioned and of robust build. She would have finished her course this year.
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From the Pottsville Republican, May 31, 1911:
It was also decided today to call the case of Drs. Fegley, of Tremont, and Bingaman, of Reading, who are charged with having performed a criminal operation of Miss Emma [sic] Albright, at Tremont, on the first day of the session. It is not anticipated that the trial of the case will take more than two days this time as much of the testimony introduced before can be dispensed with.
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From the Pottsville Republican, May 12, 1911:
JUROR, DADLY DERANGED, WILL BE SENT TO ASYLUM; CASE GOES OVER TO JUNE
(JUROR DERANGED; CASE CONTINUED)
Owing to the established insanity of Edward Hanney, of Brandonville, one of the jurors in the case in which Drs. T. C. Fegley, of Tremont, and C. E. Bingaman, of Reading, were charged with producing a criminal operation upon Miss Emily Albright, a former nurse at the Pottsville Hospital, and which resulted in her death, the Court last evening continued the case against the doctors until the Term of Criminal Court which opens Monday June 3rd [1911]. Following the adjournment taken yesterday, after the illness of Juror Hanney, was bought out in court, Dr. H. L. Orth, of the State Insane Asylum at Harrisburg, was summoned as an expert in the case and arrived in Pottsville last evening. He immediately repaired to the Hotel Allan where the jury had been quartered and made an examination of the man and found him to be violently insane. Judge Bechtel immediately convened a session of Court in the parlor of the Hotel and after the formal opening of the Session by Court Crier Filer, Dr. Orth gave his opinion that the man was suffering under mental distress of an extraordinary character, and in his opinion the form of insanity was progressive and would require six months or even longer to remedy. In the opinion of the doctor, Hanney was unfit to consider any evidence in the case and has been so for several days, so it became evident that a miscarriage of justice would be the only result if the trial were continued and Judge Bechtel ordered the Court Crier to withdraw a juror in the case and the case was continued until the June Term. The defendants were directed to renew their bail in the sum of $4,000 which was done this morning. Dr. J. H. Swaving, of town, becoming surety for Dr. Bingaman, while R. S. Bashore and R. J. Mills became surety for Dr. Fegley. The trial of the case which has entailed and expense of about $1,000 will now have to be repeated at the June Term.
At last evenings hearing Dr. Governeur Boyer who first pronounced Hanney insane after his examination of yesterday morning testified that the man’s condition had not been improved during the day and he was still of the opinion that he is insane. Dr. W. S. Jenkins, of Sheppton, the physician of Hanney’s family, who examined the man, and was of the opinion that he was insane. Hanney, while not violent now is liable to become so at any moment and he was taken in charge by Dr. Jenkins, who with his brother and his wife were on hand last evening to hear the outcome of the examination, and in all probability steps will be taken during the week to have him removed to the Harrisburg asylum for treatment. He was taken to his home this morning.
The remainder of the jury together with the defendants and the attorneys in the case were on hand at the Court House this morning at nine o’clock to await a formal disposition of the case, but Judge Bechtel stated that this was not necessary and the jurors were accordingly paid $30 each for 12 days service, and their mileage in addition after which they were sent to their homes.
Drs. Bingaman and Fegley together were very much disappointed over the outcome of the case as they practically expected acquittal. It is said that nine of the jurors had decided upon a verdict of acquittal for the defendants and that the remaining three were undecided as to their verdict. The whole case will have to be gone over again in June, when District Attorney Lyons has decided to call it for trial.
This is the third interruption in the case, the first being the illness of Harrison Fisher, which necessitated the selection of another juror to take his place, and the second being the result of the charge that whiskey had been sent to the jury room by a hotel keeper, which however never reached the room owing to the vigilance of Tipstaff Aaron Tovey, who was guarding the jury.
Never has a trial been attended with more sensationalism than the present one and in view of the many interruptions and peculiar circumstances attending the same, a similar occurrence is not likely for many years.
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From the West Schuylkill Herald, May 19, 1911:
TO BE RETIRED
Owing to the established insanity of Edward Henney, of Brandonville, one of the jurors in the case in which Drs. T. C. Fegley of Tremont and C. E. Bingaman, of Reading, were charged with a criminal operation, upon Miss Emily Albright, a former nurse at the Pottsville Hospital and which resulted in her death, the court continues the case against the doctors until the term of Criminal Court, which opens on the third Monday in June.
The defendants were directed to renew their bail in the sum of $1,000 which was done. Dr. J. H. Swaving, of Pottsville, becoming security for Dr. Bingaman, while R. S. Bashore and R. J. Mills became surety for Fegley. The trial of the case, which has entailed an expense of about $1,000, will now have to be repeated at the June session of Court.
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From the Pottsville Republican & Herald, June 9, 1911:
The case of Drs. Bingaman and Fegley has been fixed for trial on Monday morning of the first week and will in all probability be the first called. The defendants are charged with having performed a criminal operation upon Miss Emma [sic] Albright, a former nurse at the Pottsville Hospital, and at their former trial the case had to be continued because of the insanity of a juror.
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From the Pottsville Republican & Herald, June 17, 1911:
The case in which Drs. T. C. Fegley, of Tremont, and C. E. Bingaman, of Reading, are charged with having performed a criminal abortion upon Miss Emily Albright of Mt. Carmel, and who are held responsible for the girl’s death which resulted from the operation, will be called for trial on Monday morning, according to the plans of District Attorney Lyons, as soon as the routine work of the courts has been attended to.
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From the Pottsville Republican & Herald, June 20, 1911:
SPECIAL JURY PANEL FOR DOCTOR’S CASE
Pottsville, June 20 [1911] — The entire panel of one hundred jurors was exhausted last evening in the attempt to secure a jury in the case in which Dr. T. C. Fegley, of Tremont, and C. E. Bingaman, of Reading are charged with performing criminal operation upon Miss Emily Albright of Mt. Carmel, and a special panel of thirty jurymen were summoned to attend the session which opened at nine o’clock this morning so that the jury could be completed. Only ten jurors were secured out of the original panel of 100 and it took the entire morning session today to complete the jury. The jurors placed all kinds of excuses to avoid sitting upon the case, and from the answers they gave to the attorneys who examined them for the commonwealth and defense, many of them were found to be suffering from illness which debarred their serving.
The special panel was summoned last evening after the court closed. James Hand, Edward Furman, Porter Sewell, Christ Beyrent, Harvey Heilner, Thomas Dove, James Whelen and Ervin Moyer.
The Jury Completed
The selection of the jury was finally concluded by the selection of two members. Charles Melswinkle, of Pottsville, and James Hand of Shenandoah. They were selected after twelve men had been selected from among the special panel and as soon as they had taken their seats the jury was sworn in. The completed jury is as follows: Richard Gittens, Mahanoy City; Hugh Mulligan, Girardville; D. K. Hepler, Eldred; Frank Anspach, Middleport; Frank Deeble, Union; Harry Bull, Butler Township; Christ Newell, Minersville; James J. Neary, Butler; Thomas Brennan, Shenandoah; C. W. Boyer, Walker Township; Charles Neiswinkle, Pottsville; and James Hand, Shenandoah.
The first witness called to the stand was County Detective John Glass, of Shamokin, the County Officer of Northumberland County, who is the prosecutor in the case.
Dr. R. W. Montelius, of Mt. Carmel, who was called upon the body of Miss Albright after her death, was first expert called by the commonwealth, and was temporarily excused while Coroner Clarence Malone was called and testified to the inquest and the result of the autopsy.
In the main the evidence and cross examination were the same as had been the case during the previous trial of the suit.
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From the Pottsville Republican, June 20, 1911: [Note: This article repeated the information in the above article from the Pottsville Republican & Herald, and then gave a more complete analysis of the opening day of the actual trial].
SPECIAL PANEL FOR DOCTOR CASE….
Only ten jurors were secured out of the original panel of 100, and it took the entire morning session today to complete the jury. The jurors plead all kinds of excuses to avoid sitting upon the case, and from the answers they gave to the attorneys who examined them for the Commonwealth and defense, many of them were found to be suffering from illness which debarred their serving. Quite a number were also excused because they had formed an opinion of the case, which, they declared the evidence would not change, while others were excused for cause, having either been called upon to serve in the previous case or having hears the testimony, which debarred them from service as jurors in the present trial….
The Jury Completed
The selection of the jury was finally concluded by the selection of two members… and as soon as they had taken their seats the jury were sworn and the address to the jury by J. F. Mahoney commenced….
In his opening address to the jury, Attorney Mahoney stated that the Commonwealth would prove that the operation upon Miss Emily Albright, the dead girl, was performed at the office of Dr. T. C. Fegley at Tremont, and that Dr. Bingaman was present. After the operation the girl was taken to Lebanon and attended at a hotel by Dr. Waters, who was called in by Bingaman, who was with the girl. She was later taken to her home at Mt. Carmel, where she was treated by Dr. Bingaman who accompanied her there, and who told the mother of the girl that it was his fault, and that she should not blame the girl. He offered to marry her, but said he could not do so then, as he was not situated financially for a matrimonial venture. His entire attitude, according to the girl, was one of guilt. I would also be shown, Mr. Mahoney said, that the girl died at her home as the result of the operation which had been performed upon her. His entire opening address contained but four minutes and covered the entire case.
The first witness called to the stand was County Detective John Glass, of Shamokin, the county officer of Northumberland County, who is the prosecutor in the case, and he recited the events which led up to the girl’s death and the institution of proceedings against Drs. Fegley and Bingaman, who were arrested and placed under $4,000 bail each for their appearance at court.
The information and the warrants in the case were based upon the report of Coroner Malone after the inquest and autopsy had been held.
Dr. R. W. Montelius, of Mt. Carmel, who was called in to perform the autopsy upon the body of Miss Albright after her death, was the first expert called by the Commonwealth, and after testifying as to his practice he was temporarily excused while Coroner Clarence Malone was called and testified to the inquest and the result of the autopsy, after which he was excused and Dr. Montelius was recalled to give his expert testimony as to the result of the inquest and the cause of the girl’s death.
Dr. Montelius swore that the girl’s death was the result of peritonitis, and that in his opinion the same had been cases by the infiltration of septic matter through a wound inflicted in a mechanical manner. It was his opinion the same had been caused by an instrument.
The examination of Dr. Montelius was conducted by E. W. Bechtel, who is engaged as a special counsel for the Commonwealth, ad was very thorough in character. The cross-examination of Dr. Montelius, conducted by C. E. Berger was also very thorough and covered every point in the case as produced by the Commonwealth. In the main the evidence and cross-examination were the same as had been the case during the previous trial of the suit, and covered in chief the facts as to whether or not the girl could have performed an operation which would have caused the wound, and also what the effect of such an attempt would have been, and whether or not such a wound was likely to result from an operation performed by an experienced physician.
For the purpose of showing to the jury that in the opinion of the witness that the case could not have been one as claimed by the defendants at their last trial, a dissection before the jury was performed by Dr. Montellius for the demonstration in and the satisfaction of the jurymen. The witness took a knife and furnished damaging points in the testimony against the physicians who are on trial.
Dr. A. B. Schnader, of Mt. Carmel, also testified to having attended the girl on the day of her death when he was called to the house during the early morning hours. He found her suffering with peritonitis. Dr. Bingaman asked him after the girl’s death whether or not the authorities took any action.
Undertaker Phaon Sheidy, at Pine Grove, testified to the burial of the infant at the Catholic Cemetery at Tremont on the day after the arrest of the physicians and which had remained nine days in office of Dr. Fegley at Tremont. The remains were interred in a shoebox and buried at night.
Dr. Schultz, the State Registrar at Tremont, also certified in the issuance of a death certificate to Dr. Fegley for the burial of the remains on the day the funeral was held.
Rev. Whitaker, of Mt. Carmel, a minister of the Church of God, was called to the bedside of Emily on March 10th, the day she died. He arrived there between seven and eight in the morning and she was rational. He had a talk with her and she knew that she was in a serious condition. She said it was important that she make a spiritual preparation, and he had prayed with her. He called again between noon and 1 o’clock and she said she knew she had to die. She was rational and appeared to be fully alive to her serious conditions.
The physicians and surgeons, who were prominent in the previous trial of Drs. Fegley and Bingaman were again on the scene today, and at least 30 physicians who are called as witnesses in the case were on hand. It is said that even a larger number of doctors will testify during the coming trial than during the previous one, and practically every physician of note in the lower end of the county was on hand in answer to a subpoena. Most of them are to be witnesses for the defendants.
It was expected that Mrs. Latshaw, who resided next to the Albright family and Mrs. Albright, the mother of the dead girl would be called to testify next in order as their testimony followed Whittaker’s at the former trial. Mrs. Albright will tell of two dying declarations made to her by her daughter, one in the presence of Dr. Bingaman, in which the girl stated that she had been taken to the office of Dr. Fegley and had there been operated upon. In the declaration, the mother swears that the girl knew she was about to die, and was asked whether she had anything to say whereupon she made her dying statement implicating the defendants. She also swears that Bingaman offered her $500 to keep quiet about the affair after the girl had died.
During the testimony of Dr. Schnader, the defense made a very strong effort to show, upon cross-examination the objections Emily and Mrs. Albright set up to have having another doctor called into consultation when he requested the same after learning of the seriousness of the girl’s condition. The girl objected saying that she did not want another physician and the mother too interposed an objection because of the additional notoriety she feared would be connected with the case.
An effort was also made to contradict the evidence of the witness given at the previous hearing, concerning the statements made by Bingaman to Dr. Schnader in the latter’s office when he called upon the doctor several hours after Emily had died. He did not recall the name of a former physician at the hospital who had left (Dr. Cutcheon), but recalled that Bingaman had told him that he thought Dr. Campbell was responsible for the girl’s condition. He stated to Bingaman during the conversation that he had been told that Emily had said she had gone out to dinner and had stopped at hotels with them. This was objected to by the Commonwealth, but was finally admitted, to show the entire conversation. Bingaman then told Schnader that it must have been Dr. Campbell.
It was shown that Campbell afterward committed suicide in his home, at Harrisburg, where he entered practice after leaving the hospital.
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From the Pottsville Republican, June 21, 1911:
COMMONWEALTH CLOSES ITS CASE
This morning the Commonwealth closed their side of the case against Dr. Bingaman, of Reading, and Fegley, of Tremont, and the defense in the case it is expected will close by Friday. A large number of physicians are to be called as experts during the defense as was the case in the former trial and the hearing of this testimony will require two days as the defendants will take the stand in their own behalf and review the story had told at the previous trial of the case.
Practically the same line of testimony was given by Mrs. Albright, mother of the dead girl when she took the stand late yesterday afternoon. She reviewed the story of how she had sent to the local hospital where Emily was employed as a nurse for the purpose of having her come home, and she detailed the girl’s visit on the Sunday preceding her death, when she arrived in Mt. Carmel and met Bingaman there later on in the evening, She told of Emily’s going to Shamokin to visit friends, and stated that she returned to her home on Monday morning and later returned to the hospital for duty presumably. She next returned home on Thursday following in company with Dr. Bingaman and she appeared to be very ill. Bingaman and the witness got her upstairs and the former administered treatment. He stated that the entire matter was his fault and that she would not blame the girl. He then left after giving directions for the care of the girl and did not arrive at the house again until Friday evening, after the girl’s death. According to the witness he then tried to hush up the entire matter and said that he would give her $500 if she would keep quiet.
Regarding the dying declaration made by the girl the witness was positive that Emily knew she was going to die, and said so. She was also positive that the girl had said that the operation had been performed in Dr. Fegley’s office and that Dr. Bingaman took her there. This declaration was made several times according to the girl’s mother and she was positive that the girl was telling the truth.
Dr. Walters, of Lebanon, was called and testified that he had been called to the room occupied by Bingaman and Miss Albright, at the Lebanon Valley House, and that he had attended the girl there. At that time, Miss Albright appeared to be in good condition although there was a slight rapid pulse. He swore that he told Bingaman there was some danger if they proposed to take a trip to Mt. Carmel, as he had informed the doctor they were about to do, and he gave them medicine to take along. He also questioned Miss Albright about several people he knew in Mt. Carmel and upon her giving affirmative answers he was satisfied that they were telling the truth about their residence there.
C. A. Kleinfelder, a clerk at the Lebanon Valley House, at Lebanon, swore that the couple registered there under the name of C. E. Albright and wife, on March 7th [1911] and that they had occupied Room No. 4. He was positive in his identification of Bingaman, and the man who registered as Albright.
Albert Bower, a clerk at the Graemar Hotel, at Shamokin, testified that the couple had also registered at the hotel on March 5th [1911] as C. E. Albright and wife and that in the morning Bingaman had paid the bill and the couple left. He said that Miss Albright appeared to be in good shape.
James Everett, a conductor on the trolley between Mt. Carmel and Shamokin, identified Bingaman as the man who went with Miss Albright from Shamokin to Mt. Carmel on the morning of March 8th [1911.
John Frymoyer, of Mt. Carmel, testified that Miss Albright had spent several hours at his house which is close to that occupied by the Albrights. Her visit was on Sunday, March 8th [1911, and during her visit she was playing with the children.
Frank Kehler was called and swore that he saw Bingaman and Miss Albright on the train at Mt. Carmel on March 8th. They occupied the same seat. He was also positive in his identification of Bingaman.
Officer Charles Everett of the State Police, told of the arrest of Dr. Fegley, at Tremont. He said that he went in the house and office of the defendant and served the warrant upon him. Dr. Fegley gave him the instruments which he had found lying upon his desk after Bingaman and Miss Albright left and tole he he expected something of that sort. He attended dinner and later brought a patient to the Pottsville Hospital for an operation, the officer remaining with him all the time. He told the officer that Bingaman and the girl came there and he told the to get out. The instruments were placed in evidence and bore the stamp of the Pottsville Hospital.
Officer William Snyder was next called and told of the arrest of Dr. Bingaman, at Reading. He stated that he called at the home of the doctor and that his mother and father were there. He said defendant showed no emotion and upon the way up to the train asked what the penalty was for registering as man and wife in a hotel. The officer explained to him and also informed him that he was wanted for performing a criminal operation. Bingaman replied, “I thought it would come that way.” Bingaman also said that Dr. Fegley had simply done what any other physician would have done in the case.
Several others had been subpoenaed by the Commonwealth and were to have been called to this order, but after Dr. Montelius had been called to the stand and had identified the uses of the various surgical instruments offered in evidences, the Commonwealth closed their side of the case.
Herbert Cummings, a former District Attorney of Northumberland County, and a candidate for Judge, was present today and listened intently to the proceedings in the case. He is a cousin of Miss Albright.
DEFENSE IS OPENED
The opening address for the defense was made by C. E. Berger, counsel for Bingaman, who stated that the defense would prove that the girl performed the operation and that it would be shown that she had spoke of using instruments for the purpose. The defendants had taken heroic measures to protect the girl and that it was only after the girl was in dire distress, physically, that Dr. Fegley consented in order to prevent her death. He reviewed the entire defense from beginning to end and the first witness called to the stand shortly before noon being Miss Ryon, one of the associates of Miss Albright at the hospital.
She testified as to the heavy fall Miss Albright sustained by slipping upon the floor of the hospital just several days before she was she was called to her home at Mt. Carmel. Miss Ryon’s testimony showed that Miss Albright slipped and had a heavy fall striking the door jam with her side. The bruise was very extensive.
Miss Brown, of Ontaria, was another witness who testified as to Miss Albright’s character at the hospital. She swore that she had found an instrument lying upon the bed occupied by Miss Albright at the hospital, but this testimony was ruled out, because of the fact that no connection could be shown it and one found in Dr. Fegley’s office at the time of his arrest and which the defense proposed to prove might be the same instrument.
Every question asked by the defense almost, brought forth the vigorous objections of E. W. Bechtel, who is prosecuting the case for the Commonwealth and much testimony which got in at the former trial was ruled out during the day. The general impression is that the case presented by the doctors is not nearly so strong this time as before, although it is not known what additional facts will be brought out yet.
When Mrs. Grace Jenkins, another student nurse at the local hospital, was called to the stand and an attempt was made by the defense to show that while the witness was in company with the Albright girl at a maternity hospital in New York, the latter had told her that she had operated upon herself and had visited an abortionist. A long argument was had over the admissibility of the testimony. The defendants claimed they had a right to have any condition that would lead to establish Miss Albright’s condition when she appeared at Dr. Fegley’s office, while the Commonwealth contended that the time being in January when the conversation was held was entirely too remote to permit the introduction of this evidence. The Court finally ruled that there was so much doubt about the legal proposition that he would resolve the doubt in favor of the defendants and admit the testimony. Mrs. Jenkins then told of the conversation held in New York and also told of the fall which Miss Albright had at the hospital.
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From the Pottsville Republican, June 22, 1911:
A GRUELLING EXAMINATION
Dr. C. E. Bingaman, one of the defendants in the case in which he and Dr. T. C. Fegley, of Tremont, are charged with having performed a criminal operation upon Miss Emily Albright, took the stand at four o’clock yesterday afternoon, and consumed an hour and a half in telling of his relations with the girl and how he came to go with her to Dr. Fegley’s office where the operation was performed. He told every detail of the story, which was in the main, exactly similar to the story he told at the former trial, with brief additions here and there, which, however had no direct effect. He told how he went to Mt. Carmel, where he had been summoned by the girl, how they had gone to Shamokin, together for the purpose of talking the matter over, How he refused to stay at the house where Miss Albright claimed her friends resided and how they eventually got to the Hotel Graemer, where they sat up all night and talked the situation over.
He said the conversation was about money being offered for a settlement of the case against him, also of the proposition of her going to a maternity hospital and finally of marriage, which he was not in a position to consummate at that time. They registered at the hotel under the name of C. E. Albright and wife, because it was a combination of their names. They returned to Mt. Carmel on Monday morning, and when he had boarded the train to come to Pottsville, she also boarded the train and insisted on coming along. On the way down she was seized with violent sickness, and they decided upon her suggestion to go to Tremont and see Dr. Fegley. When they arrived at his office she was in a serious condition, and he consented to perform the operation after an examination showed that the girl would in probability die unless the same was accomplished. He then told the story of the interview with Dr. Walters, at Lebanon, and also of the return trip to Mt. Carmel, when he took the girl home. He denied that he had ever offered Mrs. Albright any money to hush the matter up. The details of the story are well known, and in but very few instances did he vary from his story told formerly.
The story was subjected to the most rigid cross-examination ever hears in the local court when the case was opened this morning. During the entire morning session and part of the afternoon, E. W. Bechtel, counsel for the Commonwealth, fired a volley of pertinent questions at the defendant, and while Bingaman held his nerve, he was nevertheless put to the severest test several times and had to collect his thoughts before he could codify the facts of his testimony and frame a suitable answer. At times, it would appear as though Mr. Bechtel’s examination was rather drastic, but the attorney never spared the defendant for a single moment in bringing out any conflicting details, and he took the defendant over the entire story from beginning to end in a manner that astonished the attorneys present as to how much detail can be omitted or interjected in a case of this character.
He began with the defendant’s connection with the local hospital, which began in August last [1910].
He then took up the trip to Shamokin, where he said he went at the suggestion of Miss Albright in order to talk the case over. He said she intended to visit friends there, but when she took him to the house in question he refused to enter. A woman came to the door smoking a cigarette, and he did not think the house a very desirable place, and he refused to enter. They then agreed to register at a hotel as C. E. Albright and wife, and they went to the Graemar. He maintained that the couple sat up all night talking the matter over, and that neither removed their clothing. Both thought the case an abnormal one.
He offered to pay her $500 to settle the case, but said he could not pay her then, but she refused to give him any definite answer as to whether or not she would give him time to pay.
He also suggested that she go to a maternity house in Philadelphia or New York, and he offered to pay her expenses. As this was a new feature of the case, Attorney Bechtel pressed him very severely and stated that he believed these facts were being interjected into the case by the defendant to blacken the character of Miss Albright, and to clear himself. The defendant denied this, however.
Considerable detail concerning the trip made from Shamokin to Mt. Carmel and then to Pottsville, later consummated in the trip to Schuylkill Haven and Tremont, where the operation was performed, was brought out by Attorney Bechtel’s grueling cross-examination, but nothing materially different from the previous story was found. Bingaman was by this time showing the effects of his extended examination, and while his answers came promptly, there were time when he hesitated to give an answer to one or another of the questions. There was not a single let-up in the examination, however, and Attorney Bechtel kept firing away with lightning like rapidity and trying tat every possible point to discredit the defendant’s story. The physicians who attended the hearing began to take close notice of every question asked and the answer given, and Bingaman was frequently cautioned by his attorneys to be calm.
The grueling examination of Dr. Bingaman was continued when this afternoon session was resumed. During the morning the examination was completed so far as the arrival of the pair at Lebanon was concerned. During his interrogation of the trip from Mt. Carmel to Pottsville, then to Schuylkill Haven, and thence to Tremont, Attorney Bechtel brought out many important facts in connection with the case. Dr. Bingaman stood to his story that the girl was seized with pains near Gordon and it was then that she insisted that she would go to Tremont to consult Dr. Feegley. Bingaman swore that he was duty bound to see the girl through and when they arrived at Pottsville, an exchange of trains was made and they proceeded to Schuylkill Haven, where they had a lunch and several rounds of refreshments, the girl drinking brandy and he ginger ale. They then proceeded to Tremont. He swore that when they waited awaited the arrival of Dr. Fegley, at his office, the girl was very ill and that Dr. Fegley came in and she arose and went into the back office. She informed the doctor that she was ill and told him her condition, and an examination was made revealing the state of affairs as they existed. A new feature was brought out when Dr. Bingaman swore that she had told Fegley that the father was the man who had paid for her previous operation in New York.
This statement raised a murmur of excitement in the case and when it was supplemented by the statement that she had told Dr. Fegley that she had observed no movement for several days, several searching questions were put to the defendant as to why this evidence had not been introduced at the former trial. The story of the operation which was performed successfully, was then reviewed in detail, and the story of how the pair had left for Dr. Fegley’s office and taken a train for Lebanon, where they registered at the Lebanon Valley House, was also gone over in detail, but Bingaman stuck to the story in detail, just as he had told it at the former trial.
He was very closely questioned as to why he registered at the Lebanon Valley house as C. E. Albright and wife and said that it was because the name had been used at the Graemar in Shamokin and appeared to be appropriate. He could give no reason why he should conceal his identity and particularly his professional occupation so long as the operation had been performed by a reputable professional man, and there was no reason to withhold the identity from Dr. Walters, whom he had called in to examine the girl.
When the examination was resumed this afternoon the trip from Lebanon to Mt. Carmel was taken up in detail and every circumstance in connection with the same was gone into at length.
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From the Pottsville Republican, June 23, 1911:
CROSS EXAMINE DR. T. C. FEGLEY
Following the grueling examination and cross examination of Dr. C. R. Bingaman, which ended at 3:45 yesterday afternoon, the defense called Dr. T. C. Fegley, the other defendant and gave him an opportunity to tell his story of the operation which the Commonwealth alleges caused Miss Albright’s death. For over an hour, Dr. Fegley related the incidents and details which comprised his part in the affair and after his direct examination the session was adjourned until this morning.
He said that they, meaning Bingaman and Miss Albright, had come to his office entirely without his knowledge and that he found them there after his return from a trip which he had made to attend a board meeting of the school district. When he entered, miss Albright accosted him and following him into the rear office. She described her condition and an examination was made which disclosed the fact that steps would have to be taken to stop the hemorrhage. He had previously told her that she should do to a hospital, but when the true condition of affairs was ascertained it was decided to perform the operation. Chloroform was administered by Bingaman and the operation was performed. After the same was over she was given stimulants, etc., and left in the care of Dr. Bingaman, the witness retiring for the night. Early in the morning, his bell rang and he came down and left them out. He said that the instruments had been brought to the office by Miss Albright and admitted that the morning was very cold when he left them out to go on the train.
When the cross examination commenced the defendant stated that he was not surprised at the girl’s condition as he seen her running around with men. He was immediately asked by Judge Bechtel to give the names of the men but pleaded with the Court to be excused. He later said that he had only seen her in company with a man at a Schuylkill Haven cafe. The court asked him whether he had seen the girl do anything wrong there and he said that he had not. Judge Bechtel soundly scored him for blaming something on the dead girl which he had no knowledge of.
He was interrogated about an instrument which he found upon the floor of his office after the operation, but could give no excuse for not stating this at the former trial. He was also closely questioned about Bingaman’s visit to him on the day after Miss Albright had died, and he stated that they had talked together but not about instruments or anything related to the case. He did not have time to talk about instruments as he was called out. He contradicted Bingaman’s testimony to the effect that he had notified Fegley of the girl’s death over the phone.
The witness was also examined at some length as to his statement to Miss Albright that he would treat and then she could go to a hospital. This was before the operation and was brought out by Commonwealth to show that Miss Albright was not in such a serious condition as had been stated, and requiring an operation as the doctors alleged. At the former trial, Dr. Fegley testified that the only reason given for Miss Albright for not going to a hospital was that she did not wish to lose her position. This raised the inference that the girl was able to go to a hospital if she wished and also the point that her condition was not serious.
He could not explain how the girl was scarcely able to move about the room before the operation and all right almost immediately after. Upon the proposition of allowing her to go he was asked whether or not he had not allowed her to depart in order to escape prosecution. This he denied.
There was a long inquiry by Attorney E. W. Bechtel as to the relation of Bingaman to Fegley in the operation. The witness said he knew Bingaman, having met him at the hospital, and he also knew Miss Albright, having met her there. He said that he considered Bingaman a consultant and that he himself was merely a consultant in the matter. He was then asked, why, if he knew the operation had been a legitimate one, and he knew the parties, and he did not wish to subject them to notoriety, he had not taken Miss Albright into his home and given her a bed upstairs, if she was in such dangerous condition. With the knowledge that it was a very cold morning outside, he was asked, why he did not take the woman into his home. He replied that he was merely a consultant in the matter and it was not his duty to care for a patient in that manner.
If you knew that the girl was going to die on the sidewalk, would you have taken her into your house, asked Mr. Bechtel, but before an answer could be given a storm of objections arose from across the other side. After the matter had been thrashed out upon legal grounds, the question was pressed, including all of the conditions of the case and the witness replied, “I would not.”
This was somewhat startling to say the least, and while it might be eminently proper under the rules of medical practice, the answer certainly had a startling effect upon the jury and several of the older members straightened up and looked intently at the defendant upon the stand.
Objections were frequently made to the questions put by the attorneys for the Commonwealth and Mr. Bechtel once accused Mr. Whalen of objecting to his questions in order to allow the defendant time to frame an answer. It is now evident with the large number of witnesses remaining to be heard, including a large number of doctors, who will be called as experts and character witnesses that the case will run well into next week.
Dr. Bingaman Cross Examined
When the point was reached where he was supposed to have said according to the testimony of Mrs. Albright that “it was all his fault” the witness was emphatic in his denial that he had never made any such statement either in the presence of the mother or anyone else. He detailed the treatment when he took her home and explained several seeming contradictions about the whiskey which he had administered. At the former trial he said he had purchased the same. Today he explained that he had gone out and purchased a supply in addition to what Mrs. Albright had given him, He also used alcohol, salts and black coffee. He denied that he told Mrs. Albright to notify him if she got worse, but stated that he had told them to get a doctor is she got worse during the night and to surely get one in the morning. He explained that although she was in good shape he had given her stimulants so that she would be in the best possible shape when he left.
Several days later he was summoned by telegraph, and went to Mt. Carmel only to find that the girl was dead. He asked the mother who the doctor was who attended her and was told Schnaeder. He then went to see Dr. Schnaeder and asked what was the cause of death. The latter told him septic peritonitis. He did not tell him about the operation. He asked Dr. Schnaeder to notify him in case an investigation was instituted, but this Schnaeder refused to do, stating he would neither prosecute or defend, but would remain neutral.
Regarding the conversation he had with the mother at the house later on he was asked why he had volunteered to send the girl to a hospital and yet could not contribute anything to the funeral expenses when asked to do so by the mother, he stated that he had spent all the available cash he possessed on the trip. He also explained that he could have arranged with a hospital to have her treated there and to pay later on.
It is highly probable that several hours will be consumed tomorrow in the examination of physicians as experts and character witnesses that at the former trial, it is hardly probable that the Court will be able to conclude the case until next week.
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From the Pottsville Republican & Herald, June 24, 1911:
DOCTORS’ FATE IN HANDS OF JURY
Pottsville, June 24 [1911] — The fate of Drs. C. E. Bingaman, of Reading, and T. C. Fegley, of Tremont, is now in the hands of the jury the charge of the court having been concluded this afternoon. The morning session was given over to the closing address of counsel in the case, M. M. Burke making the first address for the defendant, followed by J. F. Whalen. The closing address of the Commonwealth was made by Edgar W. Bechtel who had been engaged as special counsel in the case.
It was expected that Judge H. O. Bechtel who tried the case would consume more than two hours in reviewing the evidence in the case, which would permit of his closing the case today, in spite of the fears entertained by the principals that it would last until next week. In charging the jury today, Judge Bechtel made it possible to prevent the confinement of the jurors over Sunday, although it is customary for the court to adjourn on Saturdays at noon.
M. M. Burke in his address reviewed the evidence in favor of Dr. Fegley, while Dr. Bingman’s case was taken up by Mr. Whalen. The arguments of both were in line with the claims of the defendants that they were entirely innocent of any crime and simply did what any other physician would do in such a case where the life of a patient was at stake as the result of her own efforts at a criminal operation.
For the Commonwealth, E. W. Bechtel delivered a scathing arraignment of the defendants pointing out every scintilla of evidence which pointed to their guilt and weaving a web of circumstantial evidence which it would be hard to overcome to the mind of the ordinary layman.
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From the Pottsville Republican & Herald, June 26, 1911:
ONE ACQUITTED AND ONE FOUND GUILTY
Pottsville, June 25 [1911] — After being in deliberation over the evidence for a period of three hours, the jury in the case in which Dr. C. E. Bingaman, of Reading, and T. C. Fegley, of Tower City, were charged with attempting a criminal operation upon Miss Emily Albright, a nurse at the Pottsville Hospital, returned a verdict on Saturday evening shortly before nine o’clock ending the former guilty of attempting the operation. Dr. Fegley was acquitted.
The verdict was received in Judge Bechtel’s court and Attorney C. E. Berger immediately moved for a new trial for Bingaman, the reasons for the same being filed within the prescribed five day limit. Pending the disposition of the motion for the new trial the defendant was not sentenced but was released upon $5,000 bail which was furnished by Dr. J. H. Swaving, of Pottsville, who was also a bondsman in the former case.
In the opinion of most of the attorneys the verdict will carry the costs in the case and also those of the former trial so that the costs will amount to over $5,000. As Dr. Bingaman has no property, it may be that the county will ultimately be compelled to bear the burden of the trial.
The doctors were placed on trial last Monday morning and the hearing of testimony occupied five days. Some difficulty was on hand in securing a jury because of the widespread notoriety arising from the case, but after a special panel had been summoned the jury was completed and the trial commenced. The testimony, if anything, was even more sensational than during the former trial two months ago when the case had to be continued because of the illness of one of the jurors who went insane. During this trial a disagreement would have probably resulted anyway as the jurors had different fixed opinions as to the guilt or innocence of the defendants. Last week, however, the testimony was more concisely presented and many thought that both defendants would be convicted, but many others expected nothing but acquittal for both. The split verdict was a surprise to many.
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From the Pine Grove Press Herald, October 1, 1911:
COURT NOTES
The regular session of motion court was held Monday morning, and a number of decisions were handed down by the court.
The charge of the court in the case of Drs. C. E. Bingaman and T. C. Fegley, in which the former was convicted of attempting a criminal operation upon Miss Emily Albright, a former nurse at the Pottsville Hospital, who died at her home in Mr. Carmel as a result of the alleged cooperation was filed by Judge Bechtel.
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From the Pottsville Republican, October 2, 1911:
FILED CHARGE
The charge of the court in the case of Drs. C. E. Bingaman and T. C. Fegley, in which the former was convicted of attempting a criminal operation upon Miss Emily Albright, a former nurse at the Pottsville Hospital, who died at her home in Mt. Carmel as a result of the alleged operations was filed by Judged Bechtel.
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From the West Schuylkill Herald, December 1, 1911:
DR. BINGAMAN GETS TWO YEARS
Dr. C. E. Bingaman of Reading was sentenced by Judge Bechtel Monday morning to serve two years in the county jail. Bingaman was convicted of committing a criminal operation on Miss Emily Albright of Mt. Carmel.
The prisoner appeared before the full bench with his counsel, C. E. Berger and M. M. Burke. Mr. Berger made a brief plea for clemency for his client saying that he had grave doubts of the legality of the trial and added that however can be raised later, He asked for mercy because of the age of his client who is but 26 years old, and because his sentence might result in the probable destruction of his future career in his profession. He pleaded with the court to take these suggestions into consideration.
Judge Bechtel, the trial judge, before whom Bingaman was found guilty at the June term of the criminal court, after a second trial, sentenced the prisoner after a short deliberation with his colleagues on the bench. Turning to the prisoner at the bar, Judge Bechtel said in part:
“Dr. Bingaman, the jury convicted you and it was justified by the verdict rendered. I have been approached by a number of persons in your behalf. I have given them due consideration and have consulted my colleagues. There may have been some errors in the trial and in the charge to the jury and I am glad to have your counsel appeal to a higher court, as I expect them to do.
“It is not the province of the court to convict a defendant but there is not much in the evidence to incline me to show mercy. Your actions toward the girl were not such as to deserve clemency, You swore to untruths, You altered your evidence in your favor in the second trial from which you hoped to benefit. You know that better than I do. The girl was under your charge. You operated upon her illegally which was followed by death. Your attitude toward the girl through the case was to be condemned. The operation upon her killed her and when you took the stand you swore away her character. There is nothing in your conduct to lead to mercy.
“Your imprisonment for a short time for a man of your intelligence and standing may be as beneficial, so far as punishment may be concerned as a long imprisonment. It is the disgrace of imprisonment that is the punishment to a man in your position, in addition to your physical discomfort. It is not you alone who suffers by this sentence. Others suffer, perhaps, more keenly than you. The jury evidently believe that your operation killed the child if not the mother.”
The sentence of two years imprisonment, the payment of the costs and $25 in fines were then imposed.
Messrs. Berger and Burke at once applied for a supersedeas from the Superior Court.
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From the Pottsville Republican & Herald & the Pottsville Republican, February 17, 1912:
WILL ARGUE BINGAMAN CASE
The case of Dr. C. E. Bingaman, who was sentenced to serve two years for attempting an illegal operation upon Miss Emily Albright, of Mr. Carmel, will be heard before the Superior Court at Williamsport on February 27.
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From the Pottsville Republican, February 27, 1912:
BINGAMAN CASE CONTINUED
In the matter of the argument upon the Bingaman case, in which Dr. C. E. Bingaman, of Reading, was convicted of attempting a criminal operation, upon Miss Emily Albright, of Mt. Carmel, a former nurse at the Pottsville Hospital, and in which argument for a reversal or new trial was to have been made before the Superior Court at Williamsport Tuesday, a continuance has been applied for and the case will probably go over until a future date.
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From the Pottsville Republican, March 11, 1912:
BINGAMAN CASE WEDNESDAY
The case of Dr. C. E. Bingaman will be argued for a retrial in the Superior Court, at Williamsport, of Wednesday, C. E. Berger appearing for the defendant and E. W. Bechtel for the Commonwealth. The defendant was convicted of attempting an illegal operation upon Miss Emily Albright, a former nurse at the Pottsville Hospital.
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