Dr. Levi A. Shirk (a.k.a. L. A. Sherk), a well-known and respected medical professional in the Lykens Valley area with offices in Tower City and Millersburg, went to trial in 1913 on a charge of performing a criminal operation [abortion], which resulted in the death of Maude Snyder of Williamstown, Dauphin County, Pennsylvania. He was found guilty and sentenced to four years in prison. During his time in prison he appealed to the Pardon Board. About half-way through his sentence, he received a full pardon and immediately went back to work in the Lykens Valley area.
Dr. L. A. Shirk was mentioned in A Celebration of Millersburg’s Bicentennial, 1807-2007, page 148:
In 1902, Dr. L. A. Sherk opened a practice in Millersburg and according to the 1907 Centennial Book, his office was on Pine Street. In March 1900, Dr. Sherk moved his office and family to Tower City, but intended to see patients in Millersburg once a month.
His advertisement appeared in the 1907 Millersburg Centennial Book:
The story of Dr. Shirk is told here, first with the recommendation by the Pennsylvania Pardon Board for a full pardon that once approved and received, wiped away the conviction for the crime of abortion and the responsibility for death of Maude Snyder. Second, news articles of the time tell the story of the death of Miss Snyder, the arrest of Shirk, and the subsequent trial. Finally, how and when the pardon was applied for, Dr. Shirk’s release and his return to practice in the Lykens Valley area – with an epilogue giving his movements in the years after the pardon was received.
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From the Journal of the House of Representatives of the Commonwealth of Pennsylvania, 1917, Volume I, p. 230-231:
Commonwealth of Pennsylvania, Board of Pardons,
Harrisburg, April 21, 1915
His Excellency Martin G. Brumbaugh, Governor:
Sir: In the Court of Gyer and Terminer in and for the County of Schuylkill, to No. 155 January Term, 1913, L. A. Shirk was convicted on an indictment charging the procuring and abortion, and on May 12, 1913, was sentenced to pay a fine of fifteen dollars costs, and to undergo imprisonment in the County Prison for the term of four years.
On April 8, 1915, an application for his pardon was duly filed. We heard the case at our meeting today, and after careful consideration of the same, we are of the opinion that the application should be allowed, and we therefore recommend that a pardon be now granted for the application, L. A. Shirk.
Applicant is sixty-two years of age. He has been a practicing physician for more than thirty years. He resided in Tower City, Schuylkill County, and was a practitioner of good repute. In the latter part of the year 1912 he was visited at his office by a young woman who was represented to be her husband. The woman’s real physical condition was nor disclosed to the Doctor, and he treated her electrically for some vaginal discharge which was supposed to be caused by a former abortion or by disease. The woman, who it is said, was not married, went to her home in a near by town and made a supposed dying statement in which she related the fact of her treatment by Dr. Shirk. She afterwards went to the Pottsville Hospital where she died. After her death at the Hospital the condition of her womb and vagina was of such a character from mortification that it could not be told what had caused the abortion — whether she had been practiced on by any one, or whether she had performed it herself. At all events the doctor was charged with the crime, and was convicted, the jury attaching to their verdict a recommendation of mercy.
The applicant has been in prison for nearly two years. His health is entirely broken down, and most of the time he is in the hospital of the institution. Both his eyesight and his hearing are failing fast. From the letters on file from the prison physician and officials of the prison, as well as from other medical men and laymen, it is made to appear that prolonged imprisonment will result disastrously. More than half of his prison term has been served. The ends of justice have been accomplished, and it is reasonably certain that no more good can be reached by exacting the full term of imprisonment. Under these conditions, therefore, we recommend that a pardon be now granted the applicant, L. A. Shirk.
Respectfully submitted,
FRANK B. McLAIN, Lieutenant Governor
CYRUS E. WOODS, Secretary of the Commonwealth
FRANCIS SHUNK BROWN, Attorney General
HENRY HOUCK, Secretary of Internal Affairs
Commonwealth of Pennsylvania, Board of Pardons
Harrisburg, April 21, 1913
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From the West Schuylkill Herald, December 27, 1912:
SERIOUS CHARGE AGAINST TOWER CITY DOCTOR
Dr. A. L. Shirk of Tower City, on Friday evening of last week was placed under arrest, charged with performing a criminal operation upon Miss Maud Snyder of Williamstown, formerly of Tower City. The act is claimed to have been performed at Tower City in the physician’s office. Complaint was made by Attorney L. C. Carl of Williamstown, who is the prosecutor in the case. The girl is now a patient at the Pottsville Hospital and is in a serious condition.
Dr. Shirk was given a hearing before Squire Henry of Tower City, and released under $2500 bail, pending the result of the girl’s condition.
Miss Snyder is well known at Tower City, having lived here nearly all her life. Both her parents are dead. Dr. Shirk is a native of Millersburg but has practiced here for several years.
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From the Lebanon Daily News, December 31, 1912:
Dr. L. A. Shirk, of Tower City, was today placed under $2500 bail charged with performing an operation on Miss Maude Snyder, of Tower City, which resulted in her death.
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From the West Schuylkill Herald, January 3, 1913:
DIED AT THE POTTSVILLE HOSPITAL
Miss Maude Snyder, aged 24 years, a former resident of Tower City, died at the Pottsville Hospital on Saturday at five o’clock from the effects of a criminal operation alleged to have been performed by Dr. L. A. Shirk of Tower City. Dr. Shirk was arrested and placed under $2500 bail on Saturday, December 21st [1912], after the girl is said to have disclosed his identity as the physical who performed the operation which caused her condition.
She had been admitted to the hospital on the previous day and it was at once seen that her condition was very serious and that she might die from the effects of the alleged operation. Accordingly, Dr. Shirk was arrested and placed under $2500 bail and charged with abortion.
The charge is a comprehensive on under the law and at the office of District Attorney Whitehouse it was learned that it would not be necessary to prefer any additional charges against the defendant in case he is held by the Coroner’s jury for the death of the girl. Abortion followed by death will be the charge upon which he will be arraigned and tried at the coming session of Criminal Court.
Miss Snyder, who was a pretty girl and of quiet disposition, for several years was a domestic at the Grand Avenue Hotel at Tower City. It is said that after the alleged operation she went to the home of her sister, Mrs. John Schreiner at Williamstown, where she was taken seriously ill and from where she was sent to the Pottsville hospital after she had made a statement to several officers. The author of her troubles is said to be from Williamstown.
Dr. Shirk last week called at the Herald Office to say that he did treat the girl but did not perform a criminal operation. He stated that if he is brought to trial his innocence would be proven.
The remains of the dead girl were taken to the home of her sister at Williamstown on Sunday evening. The funeral was held Tuesday afternoon, interment being made in Greenwood Cemetery.
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from the West Schuylkill Herald, January 10, 1913:
CORONER’S JURY PLACE BLAME ON DOCTOR
An inquest over the remains of the late Maude Snyder of Williamstown, who died in the Pottsville Hospital on December 29th last [1912], was held late Saturday in the office of Deputy Coroner Dr. E. F. Philips. The jury was composed of Prof. E. A. Thompson, Smith Martin, W. W. J. Henry; Rev’s F. J. S. Morrow, R. F. Andrews and Ira F. Frankenfield, this being the first time in the history of Tower City that so many ministers served on a jury at one time.
Coroner G. H. Moore of Schuylkill Haven assisted by his deputy conducted the inquest, while the interests of the District Attorney’s office were looked after by Martin Duffy, in the absence of District Attorney Whitehouse, who was unable to be present. A number of witnesses were examined, including a justice of the peace from Williamstown, to whom it is alleged that girl, when told of her critical condition, made a dying statement. Following the hearting of these witnesses the jury returned the following verdict: “After hearing the evidence we find that Maude Snyder came to her death through an attack of Puerperal Suppurative Peritonitis, caused, according to the history of the case, by an operation for abortion, and that said operation had been performed by Dr. L. A. Shirk at his office in Tower City.
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From the Elizabethville Echo, March 13, 1913:
WILL ASK FOR NEW TRIAL
Dr. L. A. Shirk of Tower City was found guilty on a charge of criminal operation said to have been performed upon Miss Maude Snyder causing her death. The case was tried at Pottsville and the physician will ask for a new trial. The principal witnesses against the defendant were Dr. Stites and Attorney L. C. Carl of Williamstown, Dr. Rogers and Dr. G. H. Moore of Pottsville.
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From the Pine Grove Press Herald, March 14, 1913:
DR. SHIRK GUILTY
Dr. I. A. Shirk [sic], of Tower City, was found guilty on two counts of the indictment charging him with performing a criminal operation upon Miss Maude Snyder, of that place, which resulted in her death. The usual application for a suspension of sentence and a new trail was made by the attorneys for the defendant.
The case had been on trial for the last two days, and was hard fought on both sides. The girl’s dying statement was also one of the most important pieces of testimony. She died at the Pottsville Hospital in January as the result of an illegal operation.
The Shirk case is the second one of this character to be tried recently, Mrs. Regina Michel, of Pottsville, being convicted and sentenced for the same offence. There have been more rumors of an extensive practice of this kind during the past two years, and it is the intention of the Commonwealth if possible to break it up.
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From the Lykens Standard, March 21, 1913:
Dr. A. L. Shirk of Tower City was found guilty on a charge of Criminal operation said to have been performed upon Miss Maude Snyder causing her death. The case was tried at Pottsville and the physician will ask for a new trial.
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From the West Schuylkill Herald, April 2, 1915:
TO ASK PARDON FOR DR. SHIRK
Application will be made shortly to the Pardon Board at Harrisburg for the pardon of Dr. Shirk, of Tower City, who was convicted and sentenced on a charge of performing a criminal operation. Preparations for the application are being made at the court house, the clerk being instructed to prepare the records in the case.
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From the West Schuylkill Herald, May 9, 1913:
TO SENTENCE DR. SHIRK
Dr. L. A. Shirk, of Tower City, was not present when called Monday for sentence for abortion and it was finally decided that sentence will be imposed next Monday. It is likely that Dr. Shirk will get two years, the same as was given Dr. Bingaman and Mrs. Michel [previous cases in 1911], but on account of his age and extenuating circumstances a strong effort will be made to get him a pardon.
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From the Lebanon Daily News, May 15, 1913:
PHYSICIAN SENTENCED FOR MALPRACTICE
Dr. L. A. Shirk, a physician of Tower City, was sentenced to four years imprisonment on a charge of performing a criminal operation upon Miss Maude Snyder, of Williamstown. Dr. Shirk is 57 years old, and is well known throughout Schuylkill and Lebanon counties, having for a number of years been a practitioner at Lickdale.
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From the West Schuylkill Herald, May 16, 1913:
DR. SHIRK GETS 4 YEAR SENTENCE
Dr. L. A. Shirk, a well-known physician of Tower City, was sentenced Monday morning by Judge Bechtel to four years imprisonment for performing a criminal operation upon Maude Snyder of Williamstown.
The court in imposing sentence on the man stated that it had not the slightest doubt as to his guilt and that the electrical instruments were used primarily for the purpose of committing the crime and that their use made detection difficult. The court further stated that it could sentence the defendant to ten years for the crime but that his advanced age and the fact that the jury recommended him to the mercy of the court deterred him from doing so. The Court then sentenced Shirk to pay a fine of $15 to the costs of the case and serve four years.
Dr. Shirk was tried and convicted at the March term of court. The prosecutor in the case was a prominent lawyer of Williamstown. The trial was a hard fought one the doctor endeavoring to prove that the electrical appliances used were for other purposes. The Commonwealth case however was so strong that the conviction followed. Of late, the doctor had been drinking very heavily.
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From the Pottsville Republican, April 20, 1915:
SHIRK HEARING ON WEDNESDAY
The only case to come before the pardon board from this county, at the session on Wednesday will be that in which Dr. L. A. Shirk of Tower City, is asking for a pardon after having served two years of a four year sentence for malpractice. Dr. Shirk, who is over sixty years of age has aged considerably since his incarceration.
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From the Pottsville Republican & Herald, April 23, 1915:
SHIRK AWAITS PARDON
It was expected that the pardon granted for Dr. L. A. Shirk will reach the county prison from Harrisburg some tie late today or early tomorrow when the prisoner will be released, as a free man. Dr. Shirk anxiously awaits the arrival of the official document.
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From the Pottsville Republican & Herald, April 22, 1915:
DR. L. A. SHIRK GETS PARDON
The Board of Pardons in session at Harrisburg, late yesterday afternoon granted a pardon to Dr. L. A. Shirk of Tower City, who was convicted of performing an illegal operation upon Miss Ruth Snyder at his office at Tower City. The girl subsequently died at Williamstown and her uncle prosecuted the case, the State Police securing the evidence against the doctor, who was sentenced to serve four years following his conviction. He still had a year to serve but rendered such good service about the prison that the pardon comes as a reward.
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From the Mt. Carmel Item, April 23, 1915; also from the York Dispatch, April 23, 1915 (wire service story):
RELEASE VETERAN PHYSICIAN FROM JAIL
Dr. L. A. Shirk, an aged physician of TowerCity, serving four years in the county jail for an illegal operation, received information today that he has been pardoned and his released is expected before the end of the week. He has served half of his term.
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From the Pottsville Republican & Herald, April 29, 1915:
NEWS FROM COURT HOUSE
Pottsville, April 29 [1915] — Released from the county prison this morning upon the pardon granted yesterday by Governor Brumbaugh, Dr. L. A. Shirk who had served over two years upon a charge of performing an operation upon Ruth Snyder [sic], left the county bastille this morning a free man. The pardon signed under date of yesterday was recommended by the Board of Pardons on Wednesday of last week and arrived at the prison in the eight o’clock mail this morning. Immediately thereafter Dr. Shirk prepared for his departure and left the prison about two hours later taking the car for Tower City. From his old homestead he will go to Lebanon where he will resume the practice of his profession as a physician.
The crime for which he was sent to prison for four years was committed three years ago, and when Miss Ruth Snyder [sic] was operated upon criminally and died as the result of the failure of the operation. relatives of the girl informed the State Police, and Sergeant Harvey Smith secured the evidence which resulted in the arrest and conviction of the defendant. He was sentenced by Judge Bechel to serve four years, and with the commutation off had about a year still to serve.
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EPILOGUE
From the Lebanon Evening Report, April 16, 1917:
LEBANON PHYSICIAN TO RESIDE AT PALMYRA
Dr. L. A. Shirk and family who have resided on Lehman Street near Front for several years, have taken up their residence at 530 North Railroad Street, Palmyra, where Dr. Shirk will practice medicine.
Dr. Shirk has been the First Aid Physician at the American Iron and Steel Company for some time.
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From the Pottsville Republican, January 27, 1920:
Dr. and Mrs. L. A. Shirk, who recently returned from North Dakota, are guests at the home of the latter’s niece, Mr. Warren A. Hoy and husband.
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From the Pottsville Republican, March 20, 1920:
Dr. and Mrs. L. A. Shirk and son, Mark Shirk, left for their home at Lickdale, Saturday afternoon, after circulating among relatives and friends here and at Millersburg the past two months.
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From the West Schuylkill Herald, February 11, 1921:
Dr. L. A. Shirk of Lickdale will again locate at Tower City. For the past year he has been making weekly visits.
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From the West Schuylkill Herald, March 24, 1922:
Mrs. John Stahl rented her dwelling on East Grand Avenue [Tower City] to Dr. L. A. Shirk. She will move into her property on Colliery Avenue.
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From the Lykens Standard, “News of Wiconisco,” August 4, 1922:
Much progress is being made on the Dr. L. A. Shirk new home on Wiconisco Avenue. The foundation was completed and the work was commenced on the frame work this week.
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From the West Schuylkill Herald, November 6, 1931:
Dr. L. A. Shirk will move to Millersburg.
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From the Lebanon Daily News, August 16, 1932:
MRS. KATE SHIRK BURIED AT MILLERSBURG TODAY
Funeral services were held this afternoon for Mrs. Kate Shirk, wife of Dr. L. A. Shirk, of East Weldman Street, in Reigel’s Church, Millersburg. Rev. Paul Friedinger officiated. Interment was made in the church cemetery, R. E. Gerhart, Fredericksburg, was in charge of arrangements.
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From the West Schuylkill Herald, November 6, 1936:
Dr. L. A. Shirk will shortly move to Millersburg.
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