In December 1896, Dr. Alfred W. Keene, a well-known physician in Lancaster County, Pennsylvania, was arrested and charged with criminal malpractice [abortion] and conspiracy to procure an abortion. The result of the abortion was the death of Eleanor “Nora” Huss. The story of what took place was brought out in Dr. Keene’s trial and is presented below in newspaper articles of the time.
However, before the trial took place, Dr. Keene brought counter-charges against Nora’s mother, sister, and brother-in-law which included that they had administered a drug to the young woman which produced the abortion. The Grand Jury did not buy Dr. Keene’s charges and ignored bringing a true bill against the mother, sister, and brother-in-law. Instead, a true bill was brought against Dr. Keene for abortion, attempting an abortion, and conspiracy. The conspirators included the dead woman and two young farmers, the McComsey brothers, one of whom was believed responsible for Nora’s pregnancy.
At the trial, Nora’s father, mother, relatives and friends lined up against Dr. Keene who vehemently denied the charges and suggested that those who testified against him were lying. Dr. Keene was convicted on the more serious charge of attempting an abortion and acquitted on the charge of producing an abortion. He was sentenced to pay $500 and spend two years in prison. He appealed.
In the meantime the trial on the conspiracy charge was put on hold. When the Superior Court ruled that Dr. Keene could not have a new trial, he was taken away to prison where he began serving his sentence. Within seven months, he applied for a pardon, which was granted to him in December 1898. The story of what was presented at the pardon hearing which caused the board to recommend the granting of the pardon will be told in a future blog post.
As for the conspiracy trial, the District Attorney asked that a verdict of not-guilty be directed by the court because he didn’t have enough evidence to convict. The court granted this and the McComsey brothers were freed.
The Superior Court’s decision occurred before the District Attorney asked for the not-guilty verdict in the conspiracy case, so there is a great deal of suspicion as to whether the verdict against Dr. Keene in the Huss abortion case was just. The Superior Court did take into consideration that in a prior case, Dr. Keene was acquitted of a “similar charge,” perhaps influencing their decision to deny a new trial, if they believed he “got off easy” in that one.
The whole situation was not unique. A girl died as a result of an abortion, which she may have committed herself and/or may have been aided in the act by family members. The family accused a well-known and prominent doctor who previously was accused of abortion, but was acquitted. The family ganged up on the doctor at the trial and he was found guilty.
The case must have sent a chill through the medical community when it occurred. Doctors who were asked to treat the victims of botched abortions had to think twice about how they would proceed with critical medical care so that they would not be accused of committing abortion. In Dr. Keene’s case, he had witnesses who he claimed proved his innocence. But, the jury believed the family and Dr. Keene ended up in prison.
Although the newspaper stories given below are mostly from Lancaster newspapers, the case also got a lot of press in the Lykens Valley area.
The prior case against Dr. Keene will be dealt with in a future blog post.
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From the Pottsville Republican & Herald, December 1, 1896:
CHARGED WITH CRIMINAL MALPRACTICE
Lancaster, Pennsylvania, December 1 [1896] — Dr. Alfred W. Keene and Thomas McComsey and Harry McComsey, all prominent young residents of the southern end of this county, were arrested last evening, the first named on a charge of criminal malpractice, and the McComsey brothers and the physician with conspiracy to procure it. The victim of the alleged illegal operation was Eleanore Huss, a 17-year-old daughter of Alfred Huss, a farmer. The girl died some days ago, and on her deathbed, she accused one of the McComsey brothers of being her betrayer and implicated Dr. Keene. All three have given bail for a hearing. The physician at a recent term of court was acquitted of a similar charge.
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From the Philadelphia Times, December 1, 1896:
A PHYSICIAN IN TROUBLE
He and Two Lancaster County Farmers Are Arrested on a Serious Charge
Special Telegram to THE TIMES
LANCASTER, November 30.
Dr. Alfred W. Keen, a young physician of Unicorn, Drumore Township, and John McComsey and Harry McComsey, brothers, who are farmers of that neighborhood, were arrested this afternoon on very serious charges and have given bail to answer before Alderman Halbach, of this city.
On November 21 [1896], Nora Huss, a young woman but 17 years of age, daughter of a farmer of the neighborhood, died under suspicious circumstances. One of the McComsey brothers had been paying attention to her. It is now claimed that her death was the result of malpractice.
All the people are well known throughout the entire lower end of the county and the Commonwealth officers claim to have very strong cases against them.
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From the Lancaster Intelligencer, December 2, 1896:
ALLEGED MALPRACTICE
A Physician and Two Brothers Charged With a Serious Crime
On Monday afternoon Constables Price and Crawford went to the lower end of the county and made three very important arrests. The men taken into custody were Dr. Alfred W. Keen, a young physician who lives near Mechanics’ Grove, and Harry McComsey and Thomas McComsey, two young brothers, who live near Fulton House, in Fulton Township, a few miles from the home of Keen. The doctor is charged with having performed an abortion, and the tree are charged with conspiracy to produce it.
The woman in the case was Eleanor Huss, who is a daughter of Henry Huss, of Drumore Township. The girl is now dead, and it is claimed that she died from the effects of the operation performed by Dr. Keen at the instance of the two McComsey boys. The girl was but seventeen years of age and Harry McComsey paid close attention to her. Finally she was about to become a mother, and it is claimed that the three accused arranged for an abortion. The mother of the girl says that Keen told her that an operation would have to be performed upon the girl, but she would come around all right. The girl consented to have it performed. About the 27th of October the operation was performed, and the girl died from the effects, as is claimed, on the 21st of November. Before the girl died she told her mother about the case, but she refused to say which one of the McComsey boys was the cause of her trouble. She said they were not responsible for the death, which she blamed on the doctor, who she said pad persuaded her to have the operation performed.
The mother sent for the doctor after the girl’s death and asked him why he had done such an act. He said he had performed the operation at the request of the girl as she did not want to be disgraced. The mother did not think this was right and she came to town and laid the matter before the district attorney. The suits resulted and the accused entered bail for a hearing, the doctor in the sum of $1,500 and the others in $800.
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From the Lancaster Examiner, December 9, 1896:
COUNTER CHARGES RETURNED
Alderman Rife gave a hearing at 4 o’clock on Saturday afternoon to Mrs. Emma Huss, Henry McFalls and Mrs. Martha Place on the charges of conspiring to procure an abortion and committing an abortion upon Eleanore Huss preferred by Dr. A. W. Keene. Testimony was produced to show that the defendants procured drugs in Oxford which they gave to the girl and which caused her death on November 21. The magistrate reserved his decision until today when he returned the cases to court, the defendants giving bail for their appearance at the January sessions.
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From the Lancaster Examiner, December 9, 1896:
COUNTER CHARGES
DR. A. W. KEENE, PROSECUTES THE MOTHER, SISTER AND BROTHER-IN-LAW OF THE DEAD GIRL
Dr. A. W. Keene, Thomas McComsey and Henry McComsey waived a hearing this morning before Alderman Halbach on the charges of committing abortion and conspiracy preferred against them by Alfred Huss. The defendants gave bail for court.
Dr. Keene has prosecuted Mrs. Emma Huss, Henry McFalls and Martha Place before Alderman Rife for abortion. These are the mother, sister and brother-in-law of Eleanore Huss, the girl who died several weeks ago as the result of criminal practices, and Dr. Keene alleges that they committed the abortion and are responsible for the injuries which resulted in the girl’s death. Mrs. Huss, Mrs. Place and McFalls will be given a hearing at 4 o’clock this afternoon.
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From the Lancaster Inquirer, December 12, 1896:
Dr. A. W. Keene and the McComsey’s Thomas and Harry, of the lower end, charged with committing an abortion upon Miss Hess [sic], of Strasburg Township, waived a hearing at the alderman’s last Saturday and gave bail. They returned the tables completely by having the mother of the girl, and Mrs. Martha Place, a sister of the girl, arrested on the same charge, and the case was at once heard before Alderman Rife, who bound them over for court trial.
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From the Lancaster News-Journal, January 22, 1897:
[Grand Jury] Ignored Bills… Martha Place, attempt to procure abortion; A. W. Keene, for costs; Henry McFalls, conspiracy; A. W. Keene, for costs.
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From the Lancaster Examiner, January 23, 1897:
Grand Jury Return… Alfred W. Keene, abortion and attempted abortion; A. W. Keene, et al., conspiracy…
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From the Lancaster New Era, February 25, 1897:
A. W. KEENE’S CASE CONTINUED
On Wednesday afternoon a bench warrant was issued to bring into Court Dr. A. W. Keene, John Thomas McComsey and Harry McComsey, who are under indictment for conspiracy to procure abortion, and who were not in Court when called. Detective Place served the warrant as Deputy Sheriff and brought in John Thomas McComsey, one of the defendants, and Mary McComsey, a witness. Harry McComsey he could not find, and it is believed he has left this part of the country. Detective Place reported that he saw Dr. Keene in bed, and that he appeared to be, and was said to be very sick. On his representation the case was continued until April Court.
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From the Lancaster Semi-Weekly New Era, June 12, 1897:
DR. KEENE GUILTY
THE VERDICT FOUND A COMPROMISE
The Jury Convicts the Physician of the Attempt, but Acquits Him of the Act….
Quarter sessions Court was resumed before Judge Brubaker on Tuesday afternoon at half-past one o’clock. The case called was that of A. W. Keen, of Mechanics’ Grove, who was indicted by the January Grand Jury for abortion and attempt to commit an abortion. Both of these crimes are felonious, a conviction on either carrying the serious punishment of seven years’ imprisonment, and the selection of a jury was made with great care.
District Attorney Lane, beside his regular Assistant, B. C. Atlee, is reinforced by Dr. D. F. Magee as special counsel for the Commonwealth. The defendant is represented by B. F. Davis and Col. B. Frank Eshleman.
Dr. Keen is a rather slight, clean shaven man of about thirty-eight years of age. He is a native of his county and has been practicing medicine in the lower end of the county for a number of years.
The prosecutor is Alfred Huss, the father of the young girl on whom the crime is alleged to have been committed.
Mr. Magee made the opening address for the Commonwealth. He stated that the crime for which the defendant was about to be tried was the committing of an abortion upon Eleanore Huss, a girl seventeen years of age on October 28, 1896. On that night, Eleanore, who was living with her married sister, Mrs. Russell McComsey, near Oak Shade or Spring Hill, in Little Britain Township, was taken by a certain party from her bed, driven three miles to Mechanics’ Grove, to Dr. Keen’s residence, where the crime is alleged to have been committed. From there she was driven several miles to the residence of Mrs. Harry McFalls, another sister, and the party who had been driving her around wen after and brought her mother to her. She was then taken to her home at Russell McComsey’s. She gradually grew worse, and in a few days gave birth to a premature child. Mr. Magee said the prosecution would also prove that the girl at various times had declared that Dr. A. W. Keen had been guilty of the crime for which he is indicted. She died November 21, 1896.
Alfred Huss was the first witness. He resides in Little Britain Township, near the Unicorn. Eleanore was his daughter. Harry McFalls married his daughter Maggie Huss, and Russel McComsey married his daughter, Roberta Huss. Eleanore was seventeen years and three months old. She made her home with Russell McComsey. He first hears that his daughter, Eleanore, or “Nora,” was sick on the night of October 29 when Harry McComsey called at eleven o’clock and said Russel McComsey‘s wife and Nora were both sick. Saw Nora the next Sunday, and she told him she would not get well. A week afterwards he saw her again. Dr. Keen had sent word as to her treatment, but the father was not satisfied, and he called in Dr. Peoples, who attended her five times. She died November 21st. He, his wife, other daughters and Harry McComsey were present at her death. There was no cross-examination.
Mrs. Emma Huss, wife of the former witness, testified: Am the mother of Eleanore. On October 27th a knock came at her door at eleven o’clock at night. Harry McComsey was there, and said Mrs. Huss must go with him at once as Nora was sick. She went and found Nora seriously ill. She suffered all night and in the morning the witness insisted on knowing was was the matter. Witness was not allowed to tell what her daughter said to her. He daughter was relieved two days after. On November 4th they sent for witness again and she found her daughter in a dying condition. Dr. Keen at that time said that something must have gone wrong with the girl when he performed the operation; that all persons were not of the same constitution; that Nora had no nerve. Witness was with Nora on November 21, when she died. Nora was in her right mind until her death. The day before her death she told witness she was going to die. Saturday morning, November 21, at three o’clock, she made a statement as to the cause of her condition. She died at about seven o’clock of the evening of the same day. At this point the witness was taken out by counsel, at the Court’s suggestion, in order to formulate Nora’s dying statement, and to see if it was admissible as evidence at this stage of the case. The offer was made in writing to the Court, who ruled out most of the proposed testimony for the present.
Mrs. Huss resumed her testimony: Nora was in sound mind when she made her ante-mortem statement. She knew she was dying and so told Witness. The Doctor said to witness as she sat by the bedside that Nora must die. He did not say it to Nora. Said it in a loud voice voice, so she could hear. She put her arm around witness’ neck and said she would never get well; that she couldn’t live.
Mr. Davis, for the defense, suggested that Dr. James A. Peoples was only one competent to testify as to the mental condition of Nora and should be heard before her dying statement was admitted. The witness was withdrawn and Dr. James A. Peoples called. he is a graduate of Jefferson College, Philadelphia. He was called to attend Nora Huss and found her in a dying condition from inflammation of the peritoneum. She was much distended, in great pain and distress. Had a rapid fever pulse and cold perspiration. This was on November 16. He attended her every day until death, on November 21. She was intelligent and rational in her mind. She would sometimes before lethargic, but on being aroused would answer intelligently. On Friday morning she showed evidences of failure, mental and physical; was slowly dying. On cross-examination the doctor admitted that the conditions he had stated would mean that her mind was not an absolutely sound mind.
In answer to the Court the witness said that a statements made by the girl to her mother at three o’clock on Saturday morning would not have the force of a perfectly sound mind, but there would be no reason to doubt its truthfulness. He further said that minds in that weak condition from bodily pain are apt to think matters are true which are not. Their mind is warped.
At this point Court adjourned till 9:30 Wednesday morning.
WEDNESDAY MORNING
Court resumed its session at 9:30. Dr. James A. Peoples (recalled), William McFalls, Mrs. Maggie McFalls, a sister, Mrs. Margaret McCardle, Mrs. Bertha McComsey, the sister with whom Nora made her home, Albert Huss, Nora’s father (recalled), and Adam Bleacher, all testified that Nora’s mind was clear up to the time of her death, when her tongue became too swollen for utterance. This testimony was brought out by the Commonwealth in order to lay a foundation upon which to bring the girl’s dying statement. This statement was heard by several witnesses, and a written paper of what each witness would testify to was presented to the Court for a ruling as to its admissibility.
Mrs. Emma Huss, the mother was allowed to testify, the defendant objecting on the grounds that the Commonwealth had not yet proved that the girl was mentally sound at the time; that the girl had hoped of living when she had made those statements; and that the act of 1895 admitting dying declarations in trials of this kind is unconstitutional. The objection was overruled.
Miss Huss testified that early in the morning of the day Nora died Nora said to her, “Mother, don’t fret. I’ve got to leave you, all on account of Dr. Keene. I can never get well.” She further said that Dr. Keene was the cause of her condition. That Harry McComsey took her to dr. Keene’s house; the doctor took her to a back room and used an instrument. Witness denied with great warmth and positiveness that Nora had taken any medicine or that she had ever advised her to do so. She admitted having been arrested on this same charge herself, but it was at the insistence of Dr. Keene. The case was dismissed by the ‘Squire at Dr. Keene’s cost. No one was present when Nora and she had the conversation detailed above.
The testimony of Albert Huss, William McFalls and Mrs. Bertie McComsey on this point was not clearly shown that the girl really believed she was going to died when she had the conversation with them.
Armenia Huss, a young sister of Nora, told of her being taken from bed on the night of the alleged crime. She slept with Nora.
WEDNESDAY AFTERNOON
The trial of Dr. A. W. Keene, for committing an abortion on Nora Huss, was resumed at 1:30 Wednesday afternoon before Judge Brubaker.
Mrs. Huss was recalled on a minor point, and the Commonwealth rested.
Col. Eshleman said, in opening for the defense, that they would show that if violence was done to Nora, it was either self-inflicted or inflicted by her mother. They would show that as far as Dr. Keene was concerned the allegation was false. Dr. Keene first came into this case by being called upon by Harry McComsey, who wanted him to attend his sister-in-law, Mrs. Russel McComsey. He went there and found Nora also was sick there. He prescribed for both. As to the alleged visit to the Doctor’s office they would prove its falsity by the man who, it is said, took her there. They would show that no instruments were used on the girl, but that she was taking medicines and was known by her family to be using the. The drug was bought in Oxford by a sister who has recently died. The defense then began its testimony.
Harry McComsey testified: I live in Drumore Township, near the Unicorn. Am twenty-three years old. Was a visitor of Nora Huss, who lived with my brother, Russel McComsey. On November 4 was asked to go for Dr. Keene for my sister-in-law, Mrs. McComsey, and Nora. Found him at a meeting at the Unicorn and brought him. One evening drove her on a visit to his father’s. She took sick, and at her request let her out at Henry mcFall’s and went after her mother. Never had the girl at Dr. Keene’s office. Never knew that she went there. Previous to the evening she was taken sick he knew that she was taking medicine. His brother, Russel, told him.
On cross-examination the witness was asked specifically as to whether he had ever said to certain parties that he had Nora to Dr. Keene and what had been done there. He denied each question; had never made such a statement.
Russel McComsey testified: Works for Raymond Green. Nora had been taking medicine just previous to her sickness on account of her condition. She told him so herself. The label on the bottle was destroyed. Her mother knew Nor was taking this medicine, and had said in his presence, and had said in his presence that the medicine had destroyed the child. He is a brother of Harry McComsey and Thomas McComsey, who are under indictment for this same offense.
Mrs. Margaret Kuhns lives a quarter of a mile from Russel McComsey. She was the Sunday school teacher of Nora Huss. Saw Nora often during the latter days of her life. Nora’s tongue was so thick for several days before her death that she could not talk. On one occasion Mr. Huss suggested that pencil and paper be given Nora to write on, as he thought she wanted to say something, but could not. After Nora’s death, Mrs. Huss in her distress said no one knew why she was in such distress, but they would find out some day.
The defendant, Dr. A. W. Keene, was then called. Has been practicing medicine for thirteen years, in this county all the time. He is a son of Henry Keene, of Quarryville. Is a graduate of Jefferson College, Philadelphia. On October 29, at a meeting at the Unicorn, Harry McComsey came and asked him to go see his sister-in-law, Mrs. Russel McComsey. When he got there Mrs. Huss said, “I want you to see this girl first,” meaning Nora. He then detailed his connection with the case. Harry McComsey never brought the girl to his place for any purpose. Nora was never at his place to his knowledge. He did not know the girl at all. He never told Mrs. Huss or anybody else that he had performed an operation. He did not perform any operation, nor have any connection withy such as operation, either directly or indirectly. After the doctor’s cross-examination was completed, the defense rested.
In rebuttal Winfield Stoner was called. Harry McComsey told him he was going to take Nora to Dr. Keene, and the next morning Harry told him he had her there and an operation had been performed on her. He and Harry Bleacher and Adam Bleacher were together husking corn when this conversation took place. He was husking corn for John Jackson.
Adam Bleacher gave a similar version or what was said. It was the same week Nora was taken sick.
James B. Shade testified: had a conversation with Harry McComsey in front of Russel McComsey‘s house on the night Nora died. he told witnesses that he had taken Nora to Dr. Keene, who performed an operation on her and he was very sorry he had done so. Witness admitted that last winter he had pleaded guilty to the larceny of chickens and was awaiting sentence.
Albert Huss, recalled: During a drive with Harry McComsey, to call Dr. Peoples to attend Nora in her last sickness, Harry said to him that he had taken Nora to Dr. Keen for an operation, and that he was sorry and would give $50 not to have it so.
Emma Huss, recalled: Harry McComsey told her he had taken Nora to Dr. Keene’s, where an operation had been performed.
The Commonwealth here closed, and District Attorney Lane began his address to the jury.
THURSDAY MORNING
Messrs. B. F. Davis and B. Frank Eshleman, counsel for the defense in the case of Commonwealth vs. A. W. Keene, each made an address to the jury, and were followed by D. F. Magee for the Commonwealth, this morning. Judge Brubaker took an hour in delivering a very careful charge, and at 12:50 the jury retired to deliberate on their verdict.
They had not returned at three o’clock, and the selection of a jury [in another case] was deferred until the Keene jury has returned, as the [defendant in the other case] is entitled to have a full panel of jurors from which to draw.
DR. KEENE GUILTY
The jury in the case of Dr. Albert W. Keene, which retired at ten minuets of one Thursday noon, reached a verdict shortly after eight o’clock in the evening. They rendered it sealed this morning, finding him guilty of an attempt to commit abortion, with a recommendation to the mercy of the Court, and not guilty of committing an abortion. Sentence was suspended pending a motion for a new trial.
The victim in this case was Eleanore (or Nora) Huss, of Little Britain Township, seventeen years old, who, the Commonwealth showed, had been taken to Dr. Keene’s house on the night of October 29 in a perfect state of health, and was brought away in great pain, which continued until her death on November 21. The morning of the day she died she told her mother that Dr. Keene had performed an operation on her.
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From the Lancaster Semi-Weekly New Era, June 12, 1897:
DR. KEENE GUILTY
The jury in the case of Dr. Albert W. Keene, which retired at ten minutes of one Thursday noon, reached a verdict shortly after eight o’clock in the evening. The rendered it sealed this morning, finding him guilty of an attempt to commit abortion, with a recommendation to the mercy of the Court, and not guilty of committing an abortion. Sentence was suspended, pending a motion for a new trial.
The victim in this case was Eleanore (or Nora) Huss, of Little Britain Township, seventeen years old, who, the Commonwealth showed, had been taken to Dr. Keene’s house on the night of October 29 in a perfect state of health, and was brought away in great pain, which continued until her death on November 21. The morning of the day she died she told her mother that Dr. Keene had performed an operation on her.
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From the Newville Star & Enterprise, June 23, 1897:
After a two-days trial, Dr. Alfred W. Keene, of Lancaster, was convicted of attempted malpractice. A motion for a new trial was made.
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From the Lancaster News-Journal, March 8, 1898:
SUPERIOR COURT SESSION
This week the Superior Court is in session at Harrisburg. The following criminal cases from this county will be reviewed…. Dr. A. W. Keene, abortion.
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From the Lancaster New Era, May 10, 1898:
DR. KEENE MUST EXPIATE HIS CRIME
The Superior Court Affirms the Court Below and Refuses a New Trial
Among the decisions handed down by the Superior Court, sitting at Pittsburgh, on Monday, was one affirming the Court of Oyer and Terminer of Lancaster County, in the appeal of Dr. A. W. Keene. The opinion was by Judge Rice.
This settles a criminal case of much interest in the southern section.
The crime for which Dr. Keene was tried was abortion and attempt to procure an abortion. The victim was Miss Eleanor Huss, a young woman of about twenty [sic] years of age, living with her parents in Colerain Township, who died under the malpractice of the doctor.
A true bill was found on January 20, 1897, but the case did not reach trial till June 8. The verdict was one of guilty of the attempt. This was looked upon as a compromise verdict, as, the girl having died, the defendant was either guilty of the higher crime or not guilty of either. The testimony was considered, by those outside of the jury who heard it, to have been ample to convict the defendant of the higher crime. It was thought that he got off very cheaply, especially in view of the fact that he had been acquitted, by a close call, of a similar charge about a year before.
For various reasons he was not called for sentence till December 18, 1897, when he was sentenced to pay a fine of $500 and undergo an imprisonment in the Eastern Penitentiary for two years.
Execution of the sentence was stayed pending this appeal to the Superior Court for a new trial, which has just been refused, and the convicted man was released on bail.
He will now have to serve his time.
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From the Lancaster Examiner, May 11, 1898:
THE SUPERIOR COURT
Decision in the Case of Dr. A. W. Keene, Found Guilty of Attempted Abortion
Among the decisions handed down Monday at the session of the Superior Court in Pittsburgh was one by Judge Rice in the case of the Commonwealth vs. Keene, Lancaster County; affirmed.
Dr. Aldred W. Keene, of Mechanic’s Grove, was tried June 8, 1897, on a charge of abortion preferred by Alfred Huss, of Little Britain Township. The crime was alleged to have been committed on October 25, 1896, on Elinor Huss, aged seventeen years. A verdict was rendered on June 10, 1897, finding him guilty of attempted abortion, with a recommendation of mercy of the court, and not guilty of abortion. The case was taken to the Superior Court with the above result.
Dr. Keene has already been sentenced to two years’ imprisonment and these he must now serve. John McComsey and Harry McComsey, indicted jointly for conspiracy to procure the abortion, and who have been out on bail, will now be tried on those charges.
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From the Lancaster Examiner, May 14, 1898:
DR. KEENE FETCHED HERE
Sheriff John H. Myers on Thursday went to Quarryville for the purpose of fetching Dr. A. W. Keene to this city prior to being taken to the Eastern Penitentiary to serve a two years’ imprisonment. He was taken to the Lancaster County Prison and will be taken to the penitentiary next week.
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From the Lancaster News-Journal, May 14, 1898:
WILL BE TAKEN TO THE PENITENTIARY
Sheriff Myers has lodged Dr. A. W. Keene in the Lancaster County Prison, from which place he will be taken to the Eastern Penitentiary next week to serve his sentence of two years. It will be remembered the Supreme Court refused to grant him a new trial.
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From the Lancaster Semi-Weekly New Era, May 14, 1898:
DR. KEENE RE-ARRESTED
Sheriff Myers on Thursday afternoon arrested Dr. A. W. Keene at Unicorn. It will be remembered that he was convicted of attempting abortion on Elinor Huss and sentenced to two years in the Eastern Penitentiary. The Superior Court affirmed the decision of the local court, and the doctor was consequently taken into custody. He was brought to Lancaster, lodged in the County Jail and will be taken to the penitentiary early next week.
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From the Lancaster Inquirer, May 14, 1898:
DR. KEENE MUST GO TO THE PENITENTIARY
In the case of Dr. Alfred Keene, convicted of committing an abortion upon Eleanor Huss, the Superior Court has affirmed the Lancaster County Court; his sentence is two years in the Eastern Penitentiary and $500 fine. He was brought to the county prison Thursday evening, and will be taken to the penitentiary on Monday.
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From the Lancaster New Era, May 17, 1898:
COMMITTED FOR TRIAL
John McComsey and Thomas McComsey, co-defendants of Dr. A. W. Keene, of Drumore Township, who is about to undergo a term of imprisonment in the Eastern Penitentiary for being concerned in a practice which resulted in the death of Eleanora Huss, in Drumore Township, in November, 1897, were arrested on Monday afternoon on a bench warrant and consigned to the county prison for trial at the June term of Quarter Sessions Court. One of the bondsmen had surrendered his bail, it having been learned here that John McComsey was preparing to leave the State. The brothers will be tried for conspiring to procure an abortion.
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From the Lancaster News-Journal, May 18, 1898:
CHARGED WITH ABORTION
Sheriff Myers on Monday arrested Harry McComsey and Thomas McComsey in Drumore Township. They are charged with aiding Dr. A. W. Keene to procure an abortion on Elenore Huss. The abortion resulted fatally. Dr. Keene was convicted and sentenced to two years in the penitentiary for the attempted abortion. The defendants above named failed to appear for trial and process was issued for them and they were taken into custody. They will be tried at the June term of the criminal court.
Yesterday afternoon the McComseys were released from prison. Judge Brubaker fixed the bail at $500, and they entered that amount for their appearance at court.
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From the Lancaster Semi-Weekly New Era, May 21, 1898:
TAKEN TO THE PENITENTIARY
Sheriff Myers Wednesday took Dr. A. W. Keene, of Drumore Township, to the Eastern Penitentiary, where he will serve a two-year sentence for attempted abortion on Eleanore Huss, of Drumore Township. The girl, it will be remembered, died from the effects of a criminal operation.
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From the Lancaster News-Journal, June 8, 1898:
The Commonwealth took a verdict of not guilty in the case against A. W. Keene, Thomas McComsey and Harry McComsey, and Eleanor Huss, charged with conspiracy in committing an abortion. Keene is serving a term in the penitentiary, having been convicted of committing an abortion, and Eleanor Huss is dead. The Commonwealth could not make out a case against the other defendants.
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From the Lancaster Semi-Weekly New Era, June 11, 1898:
NOT GUILTY OF CONSPIRACY
A verdict of not guilty of conspiracy to procure an abortion, with the county for costs, was taken as to Dr. A. W. Keene, Thomas McComsey and Harry McComsey and Eleanor Huss. The District Attorney stated that the most he could prove was that the girl was brought by the McComsey’s to the Doctor’s place. This is not sufficient to convict. The Doctor, it will be remembered was taken to the Penitentiary a short time ago to serve his two years’ sentence for an attempted abortion, of which the jury said he was guilty, which resulted in the death of Eleanor Huss, one of the defendants in this suit.
The Court considered that as it would take three or four days to try the other two conspirators, with the almost certain result of having to direct a verdict of not guilty, the above disposition was the best that could be done.
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From the Lancaster Examiner, June 11, 1898:
THE COUNTY FOR COSTS
In the case of the Commonwealth against Dr. A. W. Keene, Thomas McComsey and Harry McComsey, indicted for conspiracy to procure an abortion on Eleanore Huss the Court ordered a verdict of not guilty to be taken, and the costs to be paid by the county.
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From the Lancaster New Era, December 20, 1898:
TO APPLY FOR A PARDON
At the meeting of the Board of Pardons at Harrisburg on Wednesday, an application will be made for the pardon of Dr. A. W. Keene, convicted of attempted malpractice.
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From the Lancaster News-Journal, December 22, 1898:
Pardon was recommended to-day for… Dr. Alfred W. Keene, Lancaster, felony….
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From the Wilkes-Barre Times, December 22, 1898:
Pardons were recommended yesterday for… Dr. Alfred W. Keene, Lancaster, felony….
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