In early September, 1896, Dr. Harry L. Stickel of Harrisburg, was arrested and charged with performing a criminal operation (abortion) on Katie Hess, the daughter of the Chief Constable of Williamstown, Dauphin County, Pennsylvania. Hess, 19-years old, was the housekeeper of John Potteiger, a 53-year-old Civil War veteran. Potteiger was also charged in the crime because he admitted responsibility for her “condition” and had brought the young woman to Dr. Stickel’s office in Harrisburg for the purpose of getting an abortion. Both the doctor and veteran were also charged with fornication. Miss Hess, who after a difficult recovery from what she claimed were five operations performed by Dr. Stickel, testified at the trial which took place in late September, 1896. In the end, both men were convicted and sent off to jail – Stickel to the Eastern Penitentiary in Philadelphia, and Potteiger to the County Jail in Harrisburg.
Potteiger’s name is also spelled as Poticher, Potteicher and other phonetic variations. He was born May 20, 1842, in Dauphin County, Pennsylvania and during the Civil War saw service in the 127th Pennsylvania Infantry, Company D, as a Private from August 9, 1862 through May 29, 1863. On June 19, 1863, he joined the 26th Pennsylvania Infantry Militia, Emergency Service, Company D, as a 1st Sergeant and served in that regiment/company until discharged, July 30, 1863, due to the end of the emergency. On October 1, 1894, he applied for a pension based on his war service and was receiving it at the time of his conviction on the fornication and abortion charges. John Potteiger died at Berrysburg, Dauphin County, on April 14, 1907. He is buried at Williamstown in the Methodist Cemetery. On May 10, 1911, Matilda Potteiger, applied for widow’s benefits, which according to the Pension Index, she received. Genealogical records indicate that Matilda had married John at Harrisburg in 1901, and that he was not her first husband. John Potteiger‘s first wife, Mary, had died in October 1895, about one year before his conviction; she is buried with him at Williamstown.
Dr. Stickel’s “past life in the community,” the negative way Judge Archbald referred to him during the sentencing, is a subject for further research, which was not conducted for this blog post. Perhaps an inference can be drawn from the statement that Stickel was known as an abortionist. According to the records of the Eastern Penitentiary, this was Dr. Stickel’s first conviction.
As for Katie Hess, she was not treated very well by the press, which at the time did not withhold anything from their readers, including the name of the victim. She was referred to as “comely,” “an unsophisticated country girl,” and “with an expression the reverse of that seen on the faces of hardened sinners.” In addition, her pregnancy (out of wedlock) resulted in her being “ruined.” At a point in the trial during the sentencing, Dr. Stickel claimed that Katie’s statements to him were that she feared going home to Williamstown, because she was sure to get a violent beating from her constable father because of her “condition.”
The story of this case is told below through newspaper articles of the time.
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From the Harrisburg Telegraph, September 9, 1896:
A SERIOUS CASE
Dr. Stickel Now Has Company in the County Prison
Dr. H. L. Stickel is still languishing in the county prison awaiting a hearing on Saturday morning at 10 o’clock before Mayor Patterson on a charge of performing a criminal operation. Kate Hess, ages 19, is the victim, but it is expected that she will be sufficiently recovered by that time to attend the hearing and tell her story. She is an unsophisticated country girl and she went to Stickel’s office on Market Street on the 31st of August, remaining there some hours. She was the housekeeper of John Poticher, at Williamstown, who is 53 years old and who admits that he is the author of her ruin. Chief of Police Westen went to Williamstown yesterday afternoon and arrested Poticher. He was unable to get bail in the sum of $800 and was brought to jail, where he will keep Stickel company until Saturday, Poticher tells a shameful story of his duplicity and the girl’s innocence. She bore an exceptional reputation at Williamstown. The evidence obtained by the police authorities is overwhelming, and it is said the conviction of Poticher and Stickel is almost certain. Miss Hess is staying with Poticher’s sister, Mrs. John Wagner, at Steelton.
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From the Harrisburg Daily via the York Daily, September 10, 1896:
DR. STICKEL AGAIN ARRESTED
A Young Girl in a Dying Condition After an Operation
Dr. H. L. Stickel, who has recently opened a hospital and dispensary at 318 Market Street, and who in the past figured in a number of unsavory cases, was arrested this morning by Sergeant James McCann on a charge of performing a criminal abortion on a young girl named Kate Hess, aged about twenty years, who resides in the upper end of the county.
The charge was brought by Chief Weston, who has been aware of the facts for the past several days, the crime being committed on the evening of September 1, at the office of the doctor.
The girl is now lying in a very serious state at the residence of a relative in Steelton, her condition being such as to cause her friends the greatest apprehension as to her recovery from the effects of the terrible ordeal she has passed through.
The evidence against the doctor is very damaging and it is said that he admitted to performing the crime to Mayor Patterson this morning, when given a preliminary hearing.
Mayor Patterson held the doctor under $1,000 bonds and in default of securing a bondsman was sent to jail for a further hearing.
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From the Harrisburg Telegraph, September 18, 1896:
IN POLICE CIRCLES
DR. STICKEL AND JOHN POTTEICHER RELEASED ON BAIL FOR A HEARING MONDAY
Dr. Stickel, of this city, and John Potteicher, of the Upper End, arrested about ten days ago on a serious charge on oath of Miss Kate Hess, of Williamstown, are out of jail, the latter being released yesterday afternoon on $800 bail, furnished by Dr. Stanley, of Lykens. This morning, Daniel H. Rhoads, of this city, put up the necessary $1,000 bail for Dr. Stickel and the latter was also released. The hearing, which had been postponed until tomorrow morning at 10, has again been postponed until Monday. It is thought that both men will waive a hearing for court. Chief Weston visited Steelton this morning and inquired into the condition of Miss Hess, who has somewhat recovered from the effects of the recent criminal operation.
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From the Harrisburg Daily Independent, September 21, 1896:
MAYOR’S OFFICE NOTES
DR. H. L. STICKEL WAIVES A HEARING FOR COURT
Mayor Patterson held court this morning and was kept busy for awhile in disposing of the cases brought before him. Dr. Harry L. Stickel, who is charged with committing an abortion on Katie Hess, of Williamstown, was called. He was represented by George Kunkel. The accused informed the mayor he desired to waive a hearing for court and gave bail for the same. D. H. Rhoades bailed him in the sum of $1,000 for his appearance at court next week. Harry Potteicher, who was accused as an accomplice in the affair, was represented by C. H. Backenstoe. Miss Hess, the girl in the case, gave testimony and said she was mistaken, that it was not Harry Potteicher who was implicated in the affair, but his father, John Potteicher. The latter was arrested a few days ago. He is an aged man and was represented by J. D. Durbin. H. L. Calder, his other attorney, was unavoidably absent. Without hearing his testimony, John Potteicher, through his attorney, also waived a hearing for court. Young Potteicher, when discharged, received congratulations from a number of friends who were at the hearing.
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From the Harrisburg Telegraph, September 29, 1896:
DR. STICKEL BEFORE THE COURT
HE MAKES A LAME DEFENSE
HIS LATE PARTNER, DR. ICKES, TELLS HOW HE WAS MISLED
About 10 this morning the case of Dr. H. L. Stickel of this city, and John Potteicher, of Williamstown, charged with committing an abortion on Katie Hess, of Williamstown, a few weeks ago in this city, was called before Judge Archbald in Room No. 2. A number of witnesses were present. Stickel was not represented by counsel, and Frank Snodgrass, Esq., was assigned to look after his interest. H. L. Calder and J. L. Durbin, Esqs., were counsel of Potteicher, W. M. Hargest and Frank Ziegler, Esqs., conducted the prosecutor’s side of the case. Both men put in pleas of not guilty and Stickel started to make a statement to the court, but was told to sit down. Through Messrs. Durbin and Snodgrass, the Doctor then tried to have the case postponed until his mental and physical condition was improved. He said he was not in a condition to go ahead with case today. But the Court said to him nay. Then Lawyer Durbin tried a new tack and asked to call several medical men as witnesses to show that the Doctor’s condition was not such as would make hi a fit subject for trial. Bit the Judge was firm, saying that the Doctor certainly did not look so badly and that criminal courts normally take much into account the physical condition of a defendant charged with so serious a crime. Judge Archbald said that he knew of defendants being brought into court upon a sick bed and tried. The Judge was very positive in deciding to go ahead with the trial and prosecution called its star witness, Katie Hess, the young 19-year-old Williamstown girl, on whom the operation is alleged to have been performed.
Miss Hess — a rather slight and comely girl, with an expression quite the reverse of that seen on the faces of hardened sinners — gave in detail the story of the crime and the facts leading up to it. She said that her trouble was caused by Potteicher, for whom she kept house, and it was at his urgent request that she visited the office of Dr. Stickel on Market Street. She said that Dr. Stickel performed in all five operations on her on different days, one at an East Harrisburg house, one in Steelton, and three at his office. She charged the Doctor with a a crime similar to that John Potteicher is charged with committing, and said it was committed at his office one night soon after her arrival in Harrisburg. The last operation was performed at the home of John Wagner, in Steelton, where a miscarriage took place.
Chief of Police Westen detailed the arrest of Potteicher and the latter’s consternation and temporary collapse. The chief said that Potteicher remarked at the time of the arrest that he (Potteicher), had brought the girl to Harrisburg to help her out of her trouble, and that if Dr. Stickel had done as he had agreed to do for $30 cash and note for $25, he would have taken the girl home the next day and nothing like this would have happened.
Mrs. John Wagner, at whose house in Steelton, the Hess girl was staying testified to the latter’s condition and refusal of Dr. Ickes, Dr. Stickel’s partner to do anything in the matter in the absence of the latter and of the subsequent action of Dr. Ickes and Dr. Peters, of Steelton.
Dr. Ickes took the stand and said he had seen the Hess girl twice, once at the office and once in Steelton, but did not know for what she was being treated by Dr. Stickel until his visit to the Wagner house in Dr. Stickel’s absence. He said Dr. Stickel first told him that he was treating the girl for defective eyesight and before he was called away, said the patient was suffering from typhoid malarial fever. Dr. Peters, at Steelton, testified to attending Katie Hess on the night she was delivered of a male child several months old. Mrs. Koffenbauer testified of the girl’s absence from home on the day and night Katie Hess testified to staying at Stickel’s office.
During the hearing of the Commonwealth’s witnesses, counsel for the defense did very little cross-examining and after a short conference, decided to let the case go to the jury without hearing any witnesses.
Judge Archbald read the three indictments against the defendant and delivered his charge to the jury. The testimony with reference to Dr. Stickel was very direct, although, the girl could not tell to what manner the operations were performed. The Court laid some stress on the testimony of Dr. Ickes, and said that the action of Dr. Stickel in misleading his partner as to the trouble his patient was suffering from certainly looked as though he was trying to shift the responsibility to the shoulders of his partner.
Stickel again asked permission to make a statement and the Court allowed him to proceed. He denied that he used any instruments or any improper medicine and declared that his entire conduct with respect to Miss Hess had been strictly professional. The jury then retired.
Stickel Leaves the Court
After the jury had retired, Dr. Stickel, who was under bail furnished by a Mr. Rhoads, hurriedly left the court room. Apprhensive of his probable flight in anticipation of a conviction and salty sentence, the Court issued an order for his return to the court. Sergeant McCann started on the hunt for Stickel and after a merry chase of a few minutes located him coming out Court alley near the court house. He was brought back into court and assigned a chair beside Potteicher, the other defendant, while Sergeant McCann took up a position by the nearest door.
Guilty On All Three Counts
Shortly after noon the jury in the Stickel-Potteicher case came in with a verdict of guilty on all three counts, with a recommendation of mercy on the malpractice count.
Two Years For Stickel
Just before the court adjourned noon recess in Room 2, District Attorney Detweiler called up Dr. Stickel for sentence. Judge Archbald imposed a fine of $25 on the fornication count and two years at solitary confinement and hard labor in the eastern Penitentiary on the abortion count. Dr. Stickel asked leave to make another statement and started off with a long preamble about his innocence of the charge, during the course of which he said: “This young girl told me she dare not go home to Williamstown in her condition for fear that her father, who is high constable of the borough, would break every bone in her body. I never performed any of these operations on her except in the presence of a third party. About the statement of Dr. Ickes that he was a partner of mine, I will say that he never was a partner. I have lived in this community for twenty-five years, and have been under several clouds before, I’ll admit, but in this particular instance I can bring testimony to prove my innocence of any wrong intent, if the Court will allow me a chance.”
During the delivery of this little speech, the doctor stood close up to the Judge’s bench and ever and anon raised his hand as if to emphasize a certain declaration intended to be positive. He assumed a greatly injured manner and once or twice his voice his voice took on a perceptible quaver. The Court made answer about as follows: “I see no reason why I should change your sentence. The evidence was very clear.” The Doctor started in to say something about a mitigation of sentence when the Court interrupted him with: “I know a little about you, Doctor, having taken pains to inquire about your past life in the community.” This was a staggerer for Stickel, who asked the length of the term. “Tow years,” said the Judge. “Two years,” repeated the doctor. “Very well, fare thee well.” And he left the court room in charge of a deputy sheriff to begin his long imprisonment.
Potteicher Gets a Year
When called for sentence, Potteicher’s counsel, Mr. Calder, informed the Court that his client desired to make a statement. Potteicher then answered questions put to him by Mr. Calder by saying that he was 53 years of age and a veteran of the late war. He had several times proposed marriage to Miss Hess and was averse to resorting to an operation. He was rambling on when the Court stopped him with the statement that he put put little faith in his story. He remarked that he was inclined to exercise a little leniency in his case, and then proceeded to impose a $25 fine on the lesser charge and one year in jail on the greater crime.
Loath to Part With His Beard
When informed by his counsel Frank Snodgrass, Esq., that he would “go below,” Dr. Stickel employed the young attorney to ask the judge to the effect that his luxuriant foot-long beard be spared from the shears of the prison barber. Mr. Snodgrass informed him that the Court couldn’t make such an order and Stickel’s beard will have to go the way of all prison beards. There is no doubt that the doctor’s appearance will be considerably altered when he parts with his generous growth of whiskers.
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From the Harrisburg Daily Independent, September 29, 1896:
STICKEL CONVICTED
The Festive Doctor Gets Two Years In the Eastern Penitentiary for Committing Abortion
POTTEICHER [Potticher] IS ALSO FOUND GUILTY
Dr. H. L. Stickel, charged with committing an abortion on Miss Katie Hess, was called, as was also John Potteicher, charged with being an accessory in the crime. Frank P. Snodgrass was appointed by the court as an attorney for the doctor, while J. C. Durbin and Howard L. Calder looked after the interests of Potteicher. A motion was made asking that the case of Dr. Stickel be not heard at this time, on account of his mental condition., The motion was overruled and trial ordered.
Miss Katie Hess was the first witness called and stated that her home was in Williamstown. She related how Potteiger brought her to Harrisburg and they met Dr. Stickel. She related how the operation was performed. After the operation was performed, she went to the mayor’s office and told what had happened. She stated the doctor had performed five operations on her. The witness was not cross-examined.
Chief Westen was next called and stated he arrested Potteiger, who at the time of his arrest acknowledged he was the cause of the girl’s trouble and her brought her to Dr. Stickel to have the operation performed. The chief on cross-examination said at the time he arrested Potteicher, the latter fainter, and after recovering related the circumstances of the affair.
Mrs. John Wagner, of Steelton, said Miss Hess stopped at her home at the time of the trouble and told how Dr. Stickel said the girl should keep quiet and say nothing about the affair. Mrs. Wagner also stated that Dr. Ickes was sent for at one time, and arriving at the house said he was associated with Dr. Stickel, but would have nothing to do with the case in question, as he was not engaged in that kind of business.
Mrs. Kopenhagen also testified about the girl being in Steelton.
Dr. Peters, of Steelton, told about being called to see the young lady when she was at Steelton, and after consultation, made an examination.
Dr. Ickes testified that he was a practicing physician and that Dr. Stickel had been his partner. He saw the young lady at their office on market Street. After seeing her there several times he asked Dr. Stickel what she wanted to which Dr. Stickel replied that she had sore eyes. He also stated that Dr. Stickel showed him a letter giving an account of the serious illness of Stickel’s sister, and whether he, Ickes, would not attend a patient of his while out of the city. Witness said he would and wanted to know who it was to which Stickel said, “Katie Hess, at Steelton.” The witness said he was called and went to the house, discovered the patient to be the girl he had seen at the office. After noticing her condition he would have nothing to do with the case.
The case was submitted without hearing any testimony in behalf of the defense. The indictments against the accused were as follows: John Potteiger, fornication; Dr. H. L. Stickel, fornication; Dr. Stickel and Potteicher, abortion.
Dr. Stickel, after the judge’s charged asked the court permission to make an explanation. The request was granted. After saying a few words by way of explanation he said he was willing to have the court and jury say whether he was guilty or not guilty of the charges preferred. Stickel then left the room but by order of the court he was brought back by Sergeant McCann, who placed him beside Potteiger in room No. 2.
The jury found both defendants guilty on all three charges with a recommendation for mercy. Judge Archbald then sentenced Dr. Stickel to pay $25 fine for fornication and two years’ solitary confinement in the Eastern Penitentiary on the abortion charge.
Stickel immediately after the sentence was pronounced to the court that he was innocent and would like to have the sentence reduced. Judge Archbald said the testimony was very damaging and the sentence would have to stand.
Dr. Stickel asked his counsel, Frank P. Snodgrass to request the court to modify the sentence so as to save his whiskers, by which he is known to every one, from being shaved off at the penitentiary. The order was not granted.
Potteicher, who was convicted with Dr. Stickel, and recommended to the mercy of the court, was sentenced to pay a fine of $25 for fornication and to be imprisoned for one year on the charge of abortion. Potteicher is 53 years old, and says he was soldier in the war of the rebellion.
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From the York Daily, September 30, 1896:
DR. STICKEL GETS TWO YEARS
Dr. H. L. Stickel, of Harrisburg, was yesterday sentenced to two years imprisonment in the Eastern Penitentiary on a charge of abortion, to pay a fine of $25, and cost. Dr. Stickel is well known here, having at one time been a resident of this city [York].
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From the Elizabethville Echo, October 1, 1896:
The Williamstown fornication and abortion case came before court on Tuesday and was watched with more than usual interest. John Potteiger, who resides at Williamstown, was charged with fornication by Katie Hess, his 19-year-old housekeeper. She also charged Dr. H. L. Stickel, of Harrisburg, with attempting to commit and abortion upon her. Potteiger was given one year in jail, and Stickel two year in the Eastern Penitentiary, at hard labor and solitary confinement.
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From the Lykens Standard, October 2, 1896:
COURT NOTES
A large number of witnesses and persons interested in the… Katie Hess case attended court today.
Dr. H. L. Stickel was fined $25 for fornication and was sentenced to two years solitary confinement and hard labor in the Eastern penitentiary for performing an abortion on the person of Miss Katie Hess of Williamstown. The evidence against him was very direct and his defense was exceedingly lame.
John Potteiger, who was implicated in the same case and the cause of the girl’s ruin, was sentenced to pay a fine of $25 for fornication and be imprisoned in the county jail for one year as an accessory to the abortion.
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News articles from Newspapers.com.
Corrections and additional information should be added as comments to this post.