A portrait of Dr. Robert D. Spencer of Ashland, Schuylkill County, Pennsylvania. Dr. Spencer was the best known of the doctors who performed abortions in the area adjacent to the Lykens Valley. Three times between 1953 and 1966, formal charges were brought against him, but he was never convicted.
The three cases are presented below from newspaper accounts of the time.
In the first case, Dr. Spencer was indicted and brought to trial for performing an abortion on a Pottsville woman, Mrs. Lillian Frie, in 1953. In January, 1955, Dr. Spencer was acquitted of the charges.
In the second case, that of the December 1956 death of a New York City woman, Miss Mary K. Davies, Dr. Spencer was charged and eventually brought to trial after several continuances. One continuance resulted from a courtroom statement made during voir dire. Eventually, the trial was held in January 1959. The jury returned a “not guilty” verdict.
In the third case, in early 1966, Dr. Spencer and three other men, including one from Williamstown, Dauphin County, were charged with performing an abortion on a Buffalo, New York, woman. This case never went to trial. The indictments were quashed by the court because the District Attorney had not followed constitutional procedures in bringing about the charges.
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From the Allentown Morning Call, February 13, 1954:
Included in the bills which will be presented to the jury for consideration by District Attorney Robert M. Harris, Tamaqua, is a charge of performing an illegal operation against Dr. Robert D. Spencer, Ashland.
Dr. Spencer is charged with performing an illegal operation on a Pottsville woman on December 21 [1953]. Lewis D. Buono, chief of detectives in Schuylkill County, is the prosecutor.
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From the Allentown Morning Call, February 17, 1954:
ASHLAND PHYSICIAN INDICTED IN SCHUYLKILL
Dr. Robert D. Spencer, Ashland, was indicted on a charge of performing an illegal operation instituted yesterday by Chief County Detective Lewis B. Buono, at the March term of the Schuylkill County Grand Jury.
Dr. Spencer is charged with performing an illegal operation on a Pottsville woman on December 21, 1953….
Judge James J. Curran is presiding. Assistant District Attorney John Walesky represented the Commonwealth in the presentment of cases.
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From the Sunbury Daily Item, January 5, 1954:
ASHLAND PHYSICIAN HELD FOR ILLEGAL OPERATION
Dr. Robert D. Spencer, Ashland physician, is free on $5,000 bail charged with performing an illegal operation on a 20-year old mother of four children.
Louis D. Buono, chief detective of Schuylkill county, testified that Dr. Spencer performed the operation December 21 and that the woman was taken to Pottsville Hospital December 31 [1953] when she allegedly became ill from the operation.
Hospital physicians disclosed that she had an illegal operation performed, Buono stated. He presented signed statements from the woman and her husband.
Dr. Spencer, was arrested by Buono and Corporal Jonah Reese, of Schuylkill Haven Police, at his Ashland Clinic Monday. He will appear before grand jury in February.
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From the Hazleton Plain Speaker, February 17, 1954:
INDICT ASHLAND DOCTOR ON ABORTION CHARGE
The Schuylkill County Grand Jury in session Monday indicted Dr. Robert D. Spencer of Ashland, on an abortion charge brought by Schuylkill County Chief Detective Lewis D. Buono.
Dr. Spencer is charged with performing an illegal operation on a Pottsville woman, mother of several children, on December 21, 1953.
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From the Allentown Morning Call, January 3, 1955:
The prosecuting attorney’s office said the illegal operation case against Dr. Robert Spencer, Ashland, may be postponed until next week because of an engagement the defense counsel has in the State Supreme Court.
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From the Pottsville Republican, January 10, 1955:
DR. SPENCER TRIAL IS RESUMING TODAY
Mrs. Lillian Frie, 26, of 5 Eagan St., Pottsville, was scheduled to begin her testimony this afternoon in the trial of Dr. Robert Spencer, charged with performing an illegal operation upon he in his office.
Court was engaged this morning in handling down options and hearing options so that no session was held. The court room of Judge James J. Curran, who is presiding was filled with spectators.
Last week, the woman’s husband, Albert Frie, told the jury of taking his wife to Dr. Spencer’s office in December, 1953.
Attorneys John W. Walesky and Calvin Friedberg are counsel for the Commonwealth and Attorneys Howard S. Stutzman and Cletus Kilker for the defendant.
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From the Pottsville Republican, February 20, 1954:
BILL OF PARTICULARS IS ASKED FOR DR. SPENCER
District Attorney Robert M. Harris has been asked to provide Dr. Robert D. Spencer, Ashland, with a bill of particulars in an indictment charging him with abortion.
The petition for the bill of particulars, filed by Attorney Howard G., Stutzman, Tower City, asks details of the place and time of the alleged illegal operation performed by the physician on a Pottsville woman.
Court’s rule on the bill of particulars almost automatically stays trial of Dr. Spencer at the next terns of criminal court which opens Monday, March 1.
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From the Hazleton Plain Speaker, January 11, 1955:
DR. SPENCER ON TRIAL FOR ABORTION
Dr. Robert Spencer of Ashland, is on trial before Judge James J. Curran of Pottsville, charged with the performing of an abortion. The Commonwealth alleges the illegal operation was performed December 21, 1953.
The victim, a Pottsville married woman, testified of her visit to the office of the defendant.
The state’s side of the case may be finished today.
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From the Shamokin News-Dispatch, January 13, 1955:
DR. SPENCER ACQUITTED BY JURY IN SCHUYLKILL
Dr. Robert D. Spencer, Ashland, was acquitted by a jury in Schuylkill County court at Pottsville today of charges he performed an illegal operation on Mrs. Lillian Frie, of Pottsville, at his office on December 21, 1953.
No testimony was offered by the defense except the contention that no proof of the abortion was given during the trial.
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From the Hazleton Standard Speaker, January 14, 1955:
ACQUIT ASHLAND DOCTOR CHARGED WITH ABORTION
A jury of six women and as many men Wednesday night in Schuylkill County Court, acquitted Dr. Robert D. Spencer, Ashland, of performing an illegal operation on a Pottsville woman.
The jury deliberated three hours and nine minutes. The case was given the jury at 3:50 p.m. when the jury sent word that it had reached a verdict.
Dr. Spencer and Defense Attorneys H. G. Stutzman and Cletus Kilker were in the room when the verdict was received and read by Clerk of Courts Ed A. Zweibel. The Ashland physician received the verdict without any outward emotion. He departed immediately for his home.
The trial started one week ago yesterday.
The Commonwealth charged Dr. Spencer with performing an illegal operation of Mrs. Lillian Frie, Pottsville, at his Ashland office, December 21, 1953. He was charged with performing an abortion.
At the conclusion of testimony by the Commonwealth, defense attorneys demurred against the evidence and asked for a directed verdict of not guilty. Judge Curran refused to allow their motion and the fate of Dr. Spencer rested in the hands of the jury.
No Defense Testimony
In a surprise move, the defense closed immediately without offering one single word of testimony. This action followed a brief conference between defense attorneys and the defendant.
The defense contended throughout that the Commonwealth had failed to prove an abortion had been performed by Dr. Spencer. Dr. Pius Narkewicz, Minersville, member of the staff of the Pottsville Hospital, testified that his examination of Mrs. Frie disclosed an abortion had been performed.
Husband Had Asked Funds
A mild sensation was caused during the early days of the trial when Albert Frie, husband of the woman, admitted that he had called at the office of Attorney H. G. Stutzman of defense counsel. Frie admitted under oath that he had asked funds and was quoted as saying that he thought he should receive an amount equal to the amount of Dr. Spencer’s bail. (Docket entries show that the Ashland physician was under $5,000 bail).
Say 5 Ballots Taken
It is understood that the jury took five ballots before agreeing. Two jurors are said to have voted to convict on the first three ballots. On the fourth ballot it stood 11 to one for acquittal and on the fifth ballot a verdict of not guilty was reached, according to reports.
Assistant District Attorneys Calvin J. Friedberg, Mahanoy City, and John W. Walesky, Frackville, represented the Commonwealth.
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From the Sunbury Daily Item, January 15, 1955:
PHYSICIAN ACQUITTED
Dr. Robert D. Spencer, Ashland, has been acquitted by a Schuylkill county jury of charges he performed an illegal operation on Mrs. Lillian Frie, Pottsville, at his office December 21, 1953. No testimony was offered by the defense except the contention that no proof of the abortion was presented at the trial.
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From the Pottsville Republican & Herald, December 10, 1956:
INVESTIGATE DEATH OF NEW YORK WOMAN
Schuylkill county authorities were pressing an investigation today into the death of a New York woman during an operation performed yesterday morning by Dr. Robert D. Spencer, Ashland, at his clinic. Results of an autopsy will determine whether criminal action is instituted by the district attorney’s office in the even the cause of death was unnatural.
Listed as Mary Davies, of 111 North Broadway, Irvington, New York, the woman reported to have registered at the Hotel Loeper previously. It is believed she was unmarried.
The case came to official attention when Dr. Otto A. Miller, county coroner, also of Ashland, received a telephone call at 3 p. m. yesterday from Dr. Spencer, who said the woman had died on the operating table. According to the coroner, the woman died between 11 and 11:30 a. m. yesterday.
Chief of Police John Snyder, of Ashland, and Chief County Detective William Keuch were called into the case. At the orders of the coroner, Dr. R. E. Hobbs, pathologist, performed an autopsy last night at the Locust Mountain State Hospital.
As of this afternoon, Coroner Miller said he had not yet received Dr. Hobbs report.
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From the Allentown Morning Call, December 11, 1956:
AUTHORITIES PROBE DEATH OF STUDENT
WOMAN, 26, DIES DURING OPERATION AT ASHLAND
Schuylkill County police officials are probing the death of a 26-year-old New York City woman, who reportedly died Sunday while undergoing an operation in Ashland.
Miss Mary Davies, 110 W. 96th Street, died at 11:30 a. m. on the operating table at the office of Dr. Robert D. Spencer, 531 Center Street, Ashland, police said.
An autopsy performed by Dr. Emmett Hobbs, Schuylkill County pathologist, in Locust Mountain Hospital Sunday night, failed to find the cause of death.
William Keuch, Schuylkill County Chief detective, said last night he will take the woman’s vital organs this morning to the New York Medical Center for examination by a toxicologist.
The county detective is being assisted in his investigation by Dr. Otto Miller, Schuylkill County coroner, Ashland Police Chief John Snyder and Arthur Oestreich of the Ashland police.
Keuch said Dr. Spencer notified the coroner of the woman’s death shortly after 11:30 a. m. Sunday.
The Ashland physician told police the woman contacted him for treatment Saturday. He also said he has many out-of-state cases coming to his office for treatment.
Police said Miss Davies was a part-time student at Columbia University, New York City. She also worked at a New York medical institution.
She was a native of Minnesota.
Dr. Miller released the body to Raymond Madden, Ashland funeral director. Miss Davies’ mother was expected to arrive in Ashland last night from Minnesota to arrange funeral details.
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From the Hazleton Plain Speaker, December 11, 1956:
SCHUYLKILL COUNTY HAS MYSTERIOUS DEATH
Schuylkill County Detective William J. Keuch, formerly of Hazleton, has started a full scale investigation into the mysterious death of Mary Davies, Irvington, New York, who died on an operating table in the office of an Ashland physician.
County Coroner Dr. Otto T. Miller said that he had received a call from Dr. Robert D. Spencer saying that the woman had did on the operating table at his clinic. She had been registered at the Hotel Loeper and is believed to have been unmarried.
Dr. R. E. Hobbs, pathologist, was engaged to perform an autopsy.
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From the Pottsville Republican & Herald, December 11, 1956:
WOMAN’S DEATH PROBE CONTINUES
An autopsy report in the death of Miss Mary Davies, 26, of 110 West 9th Street, New York City, was “being studied today.” She died on Sunday while undergoing an operation in the office of Dr. Robert D. Spencer, 531 Center Street, Ashland.
Vital organs of the young woman’s body are being examined today by a toxicologist in New York City to help ascertain the cause of death.
No official action has been taken by Schuylkill County police officials although authorities are conducting a thorough investigation into the case.
Dr. Emmett Hobbs, pathologist, performed an autopsy in the Locust Mountain State Hospital. He said last night that a study of the findings is underway and that he was not authorized to make any public statement “at this time.” He added that he “has not completed the studies.”
William Keuch, Frackville, chief of county detectives, ordered the woman’s vital organs sent to the New York Medical Center for examination. Dr. Otto Miller, coroner, is assisting in the investigation. It was the coroner who was notified of the woman’s death by Dr. Spencer.
The Ashland doctor told police that the woman contacted him for treatment on Sunday. He explained that he has many out-of-state cases coming to the office for treatment.
Police said Miss Davies was a part-time student at the Columbia University in New York City. She was employed at a New York medical institution and is a native of Minnesota.
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From the Hazleton Plain Speaker, December 13, 1956:
TOXICOLOGIST PROBES DEATH
A New York toxicologist has been requested to make a chemical and microscopic analysis of the vital organs of the body of Miss Mary Davies, 26, of New York City, who died Sunday in the office of an Ashland physician.
The organs have been taken to Dr. Milton Helman, a member of the New York Medical Board, by Schuylkill County Detective William Keuch.
Keuch said he hopes results of the analysis will be made available in about four or five days.
Miss Davies reportedly died Sunday while undergoing an operation in the office of Dr. Robert D. Spencer, 531 Center Street, Ashland.
An autopsy has been performed by Dr. Emmett Hobbs, pathologist at Locust Mountain Hospital, Shenandoah. The cause of death is still undetermined, pending the outcome of Dr. Helman’s findings.
Keuch said Dr. Spencer notified Otto Miller, Schuylkill County coroner of the woman’s death shortly after 11:30 a. m. Sunday.
Assisting Keuch in the investigation are Dr. Miller and members of Ashland police force.
Police said Miss Davies was a parttime student at Columbia University, New York City. She also worked at a New York medical institution.
She was a native of Minnesota.
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From the Shamokin News-Dispatch, March 1, 1957:
AREA DOCTOR HELD IN ABORTION DEATH
Dr. Robert D. Spencer, Ashland, was arrested today on charges of involuntary manslaughter and abortion in connection with the death of a New York woman last December 9.
Dr. Spencer was held on $2,500 bail on each charge for action by the Schuylkill County Grand Jury.
William Keuch, chief of Schuylkill County detectives, said Mary Davis, 26, of New York, died on the operating table of a clinic operated by Spencer in Ashland. When an autopsy failed to determine the exact cause of death, Miss Davis’ organs were sent to a New York pathologist.
The pathologist’s report was submitted Thursday and Dr. Spencer’s arrest followed.
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From the Pottsville Republican & Herald, March 1, 1957:
ASHLAND DOCTOR WAIVES HEARING
Dr. Robert D. Spencer, 531 Centre Street, Ashland, this morning posted bail totaling $5,000 and waived hearing for court when arraigned before Justice of the Peace John Boris, Ashland, on charges of involuntary manslaughter and performing an abortion. Bail had been set at $2,500 on each charge by President Judge Cyrus M. Palmer.
Warrants were served and the arrest made by Chief County Detective William Keuch and Ashland Police Chief John Snyder, who subsequently took Dr. Spencer before ‘Squire Boris. The defendant was released after supplying bail.
The charges against the Ashland physician resulted from an investigation made by District Attorney Robert M. Harris into the sudden death of Miss Mary Davies, 26, 110 West 96th Street, New York, last December 9. Dr. Spencer at the time had notified Ashland authorities and Coroner Otto Miller that the woman died at his clinic shortly after her arrival there for medical attention. The Commonwealth charges her death was the result of an illegal operation.
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From the Pottsville Republican & Herald, March 14, 1957:
Court Notes – Upcoming Cases: Dr. Robert Spencer, Ashland, involuntary manslaughter.
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From the Allentown Morning Call, March 19, 1957:
GRAND JURY INDICTS ASHLAND DOCTOR ON INVOLUNTARY MANSLAUGHTER COUNT
Dr. Robert D. Spencer, Ashland, has bee indicted by the Schuylkill County Grand Jury on charges of involuntary manslaughter.
The indictment was returned yesterday by the grand jury during its opening session.
Dr. Spencer conducts a medical clinic in Ashland….
Dr. Spencer was arrested by Schuylkill County law enforcement officers.
His arrest came after 12 weeks of an investigation into the death of Miss Mary Davies, 26, of 110 W. 96th Street, New York City.
Miss Davies died last December 9 [1956] in Dr. Spencer’s clinic while reportedly undergoing an operation.
Dr. Spencer was arrested March 1 by William Keuch, Frackville, Schuylkill County, chief detective, and John Snyder, Ashland police chief.
An autopsy performed by Dr. Emmet Hobbs, pathologist at Locust Mountain Hospital, Shenandoah, several hours after Miss Davies death, failed to find cause of death.
A chemical and microscopic analysis was made by toxicologists at New York Medical Center on request of Keuch. Results of the toxicologist findings have not been disclosed.
At the time of Miss Davies’ death, Dr. Spencer told police she contacted him December 8 for treatment. She reportedly was told to return for an appointment the next day, the day of her death.
After Miss Davies’ death, Dr. Spencer notified Dr. Otto Miller, also of Ashland, Schuylkill County coroner. The coroner brought Keuch and Snyder into the case.
Police said the victim was a parttime student at Columbia University, New York. She worked at a New York medical institution.
She was a native of Minnesota.
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From the Pottsville Republican & Herald, March 19, 1957:
RETURN THREE TRUE BILLS AGAINST ASHLAND PHYSICIAN
Three true bills were returned today by the Schuylkill County Grand Jury against Dr. Robert D. Spencer, of Ashland.
The counts include: “involuntary manslaughter, unlawfully administering drugs, poison, etc., and using instruments, etc., to procure miscarriage or abortion,” as listed by the court.
Dr. Spencer conducts a medical clinic in Ashland and was arrested by Schuylkill County law enforcement officers.
His arrest came after 12 weeks of an investigation into the death of Miss Davies, 26, of 110 W. 96th Street, New York City.
Miss Davies died last December 9 in Dr. Spencer’s clinic while reportedly undergoing an operation.
Dr. Spencer was arrested March 1 by William Keuch, chief detective, and John Snyder, Ashland police chief.
An autopsy performed by Dr. Emmet Hobbs, pathologist at Locust Mountain Hospital several hours after Miss Davies death, failed to find cause of death.
A chemical and microscopic analysis was made by toxicologist at New York Medical center on request of Keuth. Results of the toxicologist findings have not been disclosed.
At the time of Miss Davies death, Dr. Spencer told police she contacted him December 8 for treatment. She reportedly was told to return for an appointment the next day, the day of her death.
After Miss Davies death, Dr. Spencer notified Dr. Otto Miller, also of Ashland, Schuylkill County coroner. The coroner brought Keuch and Snyder into the case.
Police said the victim was a part-time student at Columbia University, New York. She worked at a New York medical institution.
She was a native of Minnesota.
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From the Shamokin News-Dispatch, March 20, 1957:
ASHLAND DOCTOR INDICTED IN DEATH OF NEW YORK WOMAN
Dr. Robert D. Spencer, Ashland, has been indicted by a Schuylkill County grand jury on charges of involuntary manslaughter and performing an illegal operation.
Three indictments were found against the physical. They are for involuntary manslaughter, abortion and abortion resulting in a death.
The charges arise from the death of Mary K. Davies, New York, who died in Dr. Spencer’s office on December 9, 1956, while allegedly undergoing an operation.
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From the Hazleton Standard Speaker, March 20, 1957:
HEAD OF MEDICAL CLINIC HELD FOR MANSLAUGHTER
Dr. Robert D. Spencer, Ashland, has been indicted by the Schuylkill County Grand Jury on charges of involuntary manslaughter.
The indictment was returned Monday by the grand jury during its opening session.
Dr. Spencer conducts a medical clinic in Ashland.
Dr. Spencer was arrested by Schuylkill County law enforcement officers.
His arrest came after 12 weeks of an investigation into the death of Miss Mary Davies, 26, of 110 W. 96th Street, New York City.
Miss Davies died last December 9 [1956] in Dr. Spencer’s clinic while reportedly undergoing an operation.
Dr. Spencer was arrested March 1 by William Keuch, Frackville. Schuylkill County chief detective, and John Snyder, Ashland police chief.
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From the Pottsville Republican & Herald, March 21, 1957:
Court Notes – Upcoming Cases: Dr. Robert Spencer, Ashland, involuntary manslaughter and unlawfully administering drug, poison, etc., and using instrument, etc., to procure miscarriage or abortion.
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From the Shamokin News-Dispatch, March 30, 1957:
INDICTED DOCTOR ASKS FOR BILL OF PARTICULARS
Counsel for Dr. Robert D. Spencer, Ashland, has asked for a bill of particulars on charges brought against the physician.
According to a petition presented to Schuylkill County court, the indictment fails to set forth the cause of death of Mary K. Davies, who is alleged to have died while in Dr. Spencer’s office on December 9, 1956. Dr. Spencer was indicted on charges of involuntary manslaughter and two counts of abortion.
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From the Allentown Morning Call, March 31, 1957:
DOCTOR ACCUSED
Also continued is the case against Dr. Robert Spencer, Ashland. He is accused in the death of Mary K. Davies, New York City, who died last December [1956] in his office. It is alleged Dr. Spencer performed an illegal operation on the dead woman.
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From the Pottsville Republican, April 13, 1957:
The March Term of Criminal Court closed Friday after two weeks of trials. A number of cases listed for trials have been continued to subsequent terms. They were as follows:
Dr. Robert D. Spencer, charged with involuntary manslaughter and two counts of unlawfully administering drug and using instrument, etc., to procure miscarriage or abortion, resulting in death.
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From the Pottsville Republican, May 5, 1958:
[A case] of great interest to this vicinity [is] scheduled for this term of court….
Dr. Robert D. Spencer, Ashland, charged with involuntary manslaughter in the death, on December 9, 1956, of Mary K. Davies, of New York. It is contended that Dr. Spencer unlawfully administered drugs, poison, etc., and used instruments to procure a miscarriage or abortion.
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From the Pottsville Republican, May 7, 1958:
Criminal Court trials got under way with selection of a jury for the abortion case involving Dr. Robert D. Spencer, Ashland…
Attorneys Howard G. Stutzman and Walter Sidoriak are representing Dr. Spencer. The commonwealth’s side of the case will be handled by Assistant District Attorneys Calvin J. Friedberg and David Bechtel. The trial will be held in Court Room No. 2 before President Judge Cyrus M. Palmer.
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From the Hazleton Plain Speaker, May 9, 1958:
REMARK CAUSES JURY’S DISMISSAL IN MANSLAUGHTER TRIAL OF DOCTOR
The involuntary manslaughter trial of Dr. Robert D. Spencer, Ashland, ended abruptly Wednesday in Schuylkill County Court.
The court ruled one of the prospective jurors made a prejudicial remark to the defendant. The case was ordered continued until the next term of court.
The court-rules prejudicial remark came after 10 jurors had been selected and Mrs. Esther Reber of Schuylkill Haven, was being questioned as a possible juror by commonwealth attorneys.
Mrs. Reber said she felt she was not qualified to serve on the jury. She remarked, “I served on a jury in which Dr. Spencer was involved before.
Judge Cyrus M. Palmer immediately asked the 10 selected jurors if they had heard Mrs. Reber’s remark. Four indicated they heard. Judge Palmer then ordered the trial recessed until he studied the matter.
Mrs. Reber did not mention what type case the previous one had been, or how Dr. Spencer was involved.
He was scheduled to go on trial on a charge of unlawfully administering drug and poison and using instruments to procure a miscarriage or abortion. The charge grew out of the December 9, 1956, death of Miss Mary K. Davies, New York City.
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From the Sunbury Daily Item, May 10, 1958:
ABORTION TRIAL HALTED BY REMARK OF JUROR
Trial of Dr. Robert D. Spencer, Ashland surgeon, charged with involuntary manslaughter and having administered drugs and used surgical devices to create an abortion, ended abruptly in Schuylkill County Court when a prospective juror stated she did not wish to serve on the jury because “I was on a jury where Dr. Spencer was involved before.” Dr. Spencer will now stand trial in September.
Mrs. Esther A. F. Reber, Schuylkill Haven, made the remark when questioned as to whether she had any prejudices which could not be set aside by competent evidence. Defense counsel objected that there was no other case involved, and any reference to a previous action might be harmful to a fair trial. At the time 10 jurors had been chosen.
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From the Pottsville Republican & Herald, May 10, 1958:
MAY CRIMINAL COURT TERM HAS 23 CASES CONTNUED
Among those continued were two involuntary manslaughter charges involving Dr. Robert D. Spencer, Ashland surgeon, who had been charged with the crime after Mary E. Davies, New York City, died as the result of an alleged illegal operation performed by Dr. Spencer….
A second charge against Dr. Spencer for using medicines or instruments to procure an abortion was also continued after a prospective juror had states from the witness stand that she had served on a previous matter involving the doctor which caused a cessation of the trial on motion of Defense Counsel G. Howard Stutzman that the remark could be considered prejudicial to his client.
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From the Sunbury Daily Item, May 10, 1958:
ASHLAND DOCTOR FACES ABORTION CHARGE TRIAL
Schuylkill County district attorney has announced that he will try Dr. Robert D. Spencer, Ashland physician accused of involuntary manslaughter and unlawful administering a drub and using an instrument to produce an abortion, on the abortion charge alone. Originally, it was planned to prosecute both charges simultaneously.
Charges against Dr. Spencer grew out of the death of Mary K. Davies, New York City, on whom he allegedly operated December 9, 1956. It is felt the abortion charge must be proved before the manslaughter charge can be successfully pressed.
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From the Pottsville Republican & Herald, January 3, 1959:
DOCTOR’S CASE HEADS LIST FOR JANUARY COURT TERM
Heading the list of cases to be tried at the January Term of Criminal Court which convenes for jury trials on January 6 is the involuntary manslaughter charge against Dr. Robert Spencer, Ashland physician, who is alleged to have administered a drug or to have used an instrument to procure a miscarriage upon the late Mary K. Davies, New York City.
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From the Shamokin News-Dispatch, January 6, 1959:
ASHLAND PHYSICIAN TO GO ON TRIAL TOMORROW
The cases of Dr. Robert D. Spencer, Ashland, charged with manslaughter and performing an illegal operation, is listed for trial in Schuylkill County court during the January term.
Dr. Spencer’s case is listed for trial tomorrow. The court term opened today, but today’s time line was devoted to hearings on summary convictions and surety of the the peace cases.
Charges against Dr. Spencer arose out of the death of Mary K. Davies, New York, in his office on December 9, 1956.
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From the Shamokin News-Dispatch, January 9, 1959:
TRIAL OF ASHLAND DOCTOR BEGINS
Fifty-six prospective jurors were called and examined before a panel was selected to hear the case of Dr. Robert D. Spencer, Ashland physician and surgeon, in Schuylkill County court.
Dr. Spencer is charged with performing an illegal operation on a New York City woman, who died.
Of those called and examined, three were disqualified because of jury service during the past year, eight were challenged by the commonwealth, seven were challenged by defense counsel, and 26 were excused because of having fixed opinions as to the guilt or innocence of the defendant.
In an unprecedented move, the court and attorneys for both the commonwealth and defense agreed to select two alternate jurors to sit with the panel who would be called for service should any misfortune befall those selected.
Trial of the widely known Ashland doctor has started in the court house at Pottsville.
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From the Hazleton Plain Speaker, January 12, 1959:
DR. SPENCER’S STATEMENT ON WOMAN’S DEATH ENTERED
The statement by Dr. Robert Spencer, Ashland, physician and surgeon, who is on trial on charges of “death by abortion” and “common abortion” was read into the record. It gave his version of what transpired from the time Miss Mary Davies, New York City, came into his office until the police officials arrived to make an investigation as to the cause of death.
The statement relates what she entered his office on Saturday, December 8, 1956, about 3:00 p. m. and informed the doctor that she was losing blood for the previous two weeks. Spencer, without examining her, gave her pills for pain and a compound to control the bleeding and told her to return the next day for a D & C which would remove the cause of the bleeding.
The girl returned to the office and after putting her to sleep, Spencer said that he had removed the contents of the uterus after which he noticed that she was breathing very well. He gave her several injections, put her under oxygen and after that had failed, gave her artificial respiration for a full hour and did all he could think of to restore her.
His statement further related that he had his assistant, Mildred Zettlemoyer, aid him in the artificial respiration and had Steve Sunda, his laboratory technician, called but when he arrived it was too late that the girl had expired.
He further related that he did not examine her for any heart condition, believing that the stopping of the bleeding to be more imperative, but added it was his belief that she died of a heart attack.
Spencer said he called his Attorney Cletus Kilker about 1:00 p. m. Kilker arrived about 3:00 p. m. and upon ascertaining the difficulty, advised the doctor call the coroner, which was done immediately.
The statement was taken by Chief County Detective William Keuch and Ashland Police Officer Arthur Oestreicher in the presence of Dr. Otto Miller, County Coroner.
Keuch, who was on the stand most of the morning, testified that he had received a call from the Coroner and proceeded to Ashland where, after being made aware of the incident, he examined the girl’s room at the Loeper Hotel, Ashland, later attended the post mortem which was performed by Dr. Emmett Hobbs. He then took a bottle of pills and the woman’s organs to New York City where they were turned over to Dr. Milton Helpern and Alexander Goettler, a toxicologist, who is also the official New York City Police Doctor.
Keuch was followed on the stand by the County Coroner, Dr. Otto Miller, who told of the contact made with him by Dr. Spencer and how he and Spencer had examined the contents of the girl’s handbag to determine identification. In it they found a bottle of pills bearing a New York Drug store name but not bearing any doctor’s directions or identification. Miller also testified that he had found blood on the girl’s lips and teeth and that he did not observe any abrasions or cuts about the mouth or lips.
Under cross-examination, Dr. miller told the court that a D & C operation in a doctor or gynecologist’s office was an uncommon occurrence and that such type operation would or should be performed in a hospital.
Dr. Miller also testified that a D & C would be performed for various types [of] women’s disorders and that in his opinion it be necessary to remove any clinging membrane after a non-induced abortion, an induced abortion, a miscarriage or premature birth, to stop the bleeding, and that such an operation was necessary to cure this type of disorder although medicine could control it. Dr. Miller also testified that a D & C was not a legal operation in a pregnancy except where the mother’s life was in danger.
Patrolman Arthur Oestreicher, of the Ashland Police Force, was called and testified that he heard Chief County Detective secure the statement from Dr. Spencer and hat he witnessed the signature although he could not remember whether or not Dr. Spencer read the statement before he signed it. He also identified the dead girl from a photograph taken and said that he saw her on the Ashland streets near the Loeper Hotel about 4:00 p. m. the day before her death.
Raymond Madden, Ashland undertaker, testified that he had been called to Dr. Spencer’s office about 4:00 p. m., December 9, 1956, where he was given the body which he took to his morgue where a picture was taken and that he then conveyed the body to the Locust Mountain Hospital where an autopsy was performed by Dr. Emmett Hobbs.
Vincent P. O’Hearn, part time night clerk and bell hop at the Loeper Hotel, testified that he checked the girl in, observed her to be in normal health and saw her later when she had her dinner.
The prosecution next called Mrs. Mildred P. Zettlemoyer, assistant to Dr. Spencer who testified that she is not a registered nurse but since the event has become a practical nurse. She testified that she boiled instruments for the doctor and that when he called her she aided in giving artificial respiration until the girl expired.
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From the Hazleton Plain Speaker, January 14, 1959:
ABORTION CASE DELAYED
Due to a misunderstanding, Dr. Robert Spencer, Ashland physician and surgeon, who is on trial on charges of “common abortion” and death by abortion,” failed to appear at yesterday afternoon’s session in Schuylkill County court.
It was reportedly his understanding that the case was not going to be called for any session, the court was informed.
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From the Hazleton Plain Speaker, January 15, 1959:
ASPHYXIATION RULED CAUSE OF DEATH IN ILLEGAL OPERATION
Death by asphyxiation from a drug injected into the body of Mary K. Davies, New York City, during the courses of an operation performed by Dr. Robert Spencer, Asland surgeon and physician, on December 9, 1956, was fixed as the responsible agent causing the victim to succumb. Testimony conducive to such finding was given by Dr. Emmet Hobbs, pathologist at the Pottsville Hospital and several other county institutions, during the course of direct examination at the Schuylkill County trial of Dr. Spencer, who is charged with “common abortion” and “death by abortion.”
Dr. Hobbs testified also that there was no anatomical or therapeutic reason why the D & C should have been performed upon the girl due to the fact that an examination of all her organs showed a normal pregnancy existed and that a live fetus had been removed by the scraping of the uterus.
Hobbs also testified to the fact that there had been no indications present to show that a prior abortion had been performed or that there was any miscarriage which would have left and substance in the body of the woman creating the necessity of an operation to save her life.
Dr. Hobbs also ruled out the possibility of a heart attack or disease having caused the death of the girl from the examination of these organs at the post mortem and from microscopic examination of tissue and blood taken at that time.
Hobbs stated that he verified his pregnancy test from injections of blood in a rabbit and frog test with the frog being the most conclusive due to the fact that to secure a positive test living organisms must be present.
Hobbs Cross Examined
Defense Counsel Howard Stutzman had Hobbs under cross examination but a short time, testifying as to the condition of the body and the perforations made by needles used in injections and to the condition of the heart which showed some fragmentation which is always present where sudden death occurs although not always caused by heart failure or disease. Hobbs also told the court that the rabbit and frog tests were not always 100 per cent perfect but that, in his experience, where pregnancy existed they would show a positive reaction.
Toxicologist Testifies
Dr. Alex Gettler, toxicologist for the City of New York and one of the most outstanding men in his field, testified as to his examination of pills found among the girls effects in the hotel, and Dr. Spencer’s office and the amount of barbiturate found in the girl’s organs which was determined by comparative tests taken on other bodies – under similar circumstances and found in his conclusion that a total of 13 grams of Evapal, an anesthesia, were found. Dr. Gettler also testified to the fact that a determination was made of the drug by a “melting” test to which several barbiturates were subjected. A volume of 15-1 grains was found in the girl’s brain with 13.3 grains in the other vital organs.
New York Medical Examiner
Dr. Milton Helpurn, medical examiner for the City of New York and a lecturer on forensic pathology certified by the National Board of pathology, who appeared in the recent Kravitz trial in Montgomery County and in the famous Sanders “air bubble” case in which a New England doctor caused the death of a woman patient, testified that he had made an examination of the organs of the dead girl and sound that she had died as the result of a barbiturate poisoning administered as an anesthetic agent for the performances of a D & C (Dilation and Curstage) operation.
Dr. Gettler also testified that in his opinion the D & C was performed to remove the contents of the dead girl’s uterus and the pregnancy contained therein.
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From the Shamokin News-Dispatch, January 17, 1959:
REGION COURT ACQUITS ASHLAND PHYSICIAN
Dr. Robert D. Spencer, Ashland, was acquitted on two charged resulting from the death of a New York City girl in his office. The trial was by jury in Schuylkill County criminal court.
The jury received the case for deliberation after counsel for Dr. Spencer abruptly ended the trial by not producing any witnesses in his defense. In his summation to the jury, Attorney J. Howard Stutzman contended the commonwealth had failed to prove its charges that Dr. Spencer performed an illegal operation on Miss Mary K. Davies.
The jury was out four hours and 45 minutes. The trial was before Judge Charles M. Palmer.
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From the Pottsville Republican & Herald, February 24, 1966:
FOUR MEN ARE ARESTED ON CHARGES OF ABORTION
Dr. Robert Spencer, 76, of 531 Centre Street, Ashland, and three other men, were arrested yesterday afternoon by state police on charges of abortion and conspiracy to commit abortion. The other men are Harry F. Mace, 45, of Route 209, Williamstown, and automobile dealer; Michael Chickersky, 27, 530 Chestnut St., Ashland, a textile worker in a Reading plant, and Stephen Sukunda, 74, of 409 Walnut Street, Ashland, retired.
The four men were indicted by the Schuylkill County grand jury and then brought before President Judge James J. Curran last evening.
Dr. Spencer and Mace posted bail in the sum of $5,000 each and were released. The other two men spent the night in jail but were released today under bail.
District Attorney Harry Lightstone said the indictments were based on evidence gathered in a state police investigation. Troopers secured testimony from a 24-year-old New York woman who was reported seriously ill. The woman’s name was withheld, but police said she was suffering from an internal infection following an abortion.
The number of women involved in the case was not disclosed. Investigators said five other women had given statements but later refused to cooperate with authorities.
Corporal Charles Sturkis, of the Mahanoy City state police detail, secured a search warrant yesterday afternoon and a bench warrant for the arrest of the four men.
He seized the 1865 and 1966 medical records in the office of Dr. Spencer. The woman, he said, was in the office of Dr. Spencer on January 3, 4 and 5, 1966, and paid $600 for the operation.
District Attorney Lightstone received permission from Judge Curran to present the District Attorney’s Bill to the Grand Jury against the four men without the necessity of preliminary arraignment or hearing.
Corporal Skurkis was accompanied by nine other troopers in making the arrests. Sukunda and Dr. Spencer were arrested in Ashland. Mace was apprehended in Williamstown and Chickersky was arrested by troopers from Reading at the textile plant in that city.
Corporal Skurkis testified before Judge Curran that the woman became seriously ill after returning to her home in Buffalo, New York. She gave a “death bed” statement to Buffalo police in a New York hospital. The woman recovered however, Skurkis said, and prosecution of the case was turned over to the Pennsylvania State Police.
Dr. Spencer was charged with abortion four years ago, but was acquitted by a Schuylkill County jury. That alleged operation involved a Schuylkill County woman.
State policemen who made the arrests included Det. George Durilla, Elwood M. Schuck, of the Reading barracks; Sgt. Jacob Oberholtzer, commander of the Schuylkill Haven detail, and Skurkis.
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From the Pottsville Republican, February 24, 1966:
ASHLAND DOCTOR AMONG 4 MEN INDICTED ON ABORTION CHARGE
Four men, including Dr. Robert Spencer, 76, of Ashland, have been indicted on a District Attorney’s bill on charges of abortion and conspiracy by the Schuylkill County Grand Jury.
The defendants were arrested by state troopers Wednesday night and brought before President Judge James J. Curran who set bail at $5,000 for each man. Earlier in the day, Judge Curran had approved issuance of a search warrant for Dr. Spencer’s clinic, to secure records, as well as issuance of capias to have the men apprehended.
In addition to the Ashland physician, the other defendants are Harry Mace, 48, of Route 209, Williamstown; Michael Chickersky, 25, of 530 Chestnut Street, Ashland; and Stephen Sukunda, 75, of 409 Walnut St., Ashland.
They were charged with the crimes by State Trooper Charles Skurkis who is serving as prosecutor in the case. According to Skurkis, information was received January 10, 1966, from police in Buffalo, New York, that an abortion had been performed on a woman from that city and she had named Dr. Spencer.
Officials in Buffalo said they had received a dying declaration from the woman. However, the woman has since recovered and signed a statement implicating the defendants. A signed statement was also received from a New York State resident that he had made the arrangements, drove the woman to Ashland and allegedly paid $600 to Dr. Spencer.
It is alleged the New York woman was treated in Ashland, January 3, 4, and 5, 1966, at the 531 Centre Street clinic.
Arrest of the four men was said to the result of a lengthy investigation by state troopers with assistance being provided by the district attorney’s office.
The charges against the defendants were not listed for consideration by the Grand Jury in its regular schedule, but it was possible for the jurors to consider the counts because of the special DA’s bill presented.
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From the Shamokin News-Dispatch, February 24, 1966:
ASHLAND DOCTOR, THREE OTHERS HELD IN ABORTION CASE
Four Schuylkill County men, including a widely-known Ashland physician, were under indictment today to stand trial on charges of abortion and conspiracy to commit an unlawful act.
They were identified by authorities as Dr. Robert Spencer, 76, of 531 Centre Street; Michael Chickersky, 27, of 530 Chestnut, and Stephen Sukanda, 76, of 409 Walnut, all of Ashland, and Harry F. Mace, 45, of Williamstown, R. D.
The arrests followed action by Assistant District Attorney Richard Russell, Schuylkill County, requesting a warrant to search premises occupied by Dr. Spencer.
The prosecutor was Corporal Charles Skurkis, of the Pennsylvania State Police, who told the court he wanted to obtain records in a medical book.
According to testimony, a woman in the case was from Buffalo, New York, who allegedly made visits to Dr. Spencer’s office January 3, 4 and 5 of this year and paid $500.
District Attorney Harry Lightstone received permission from Judge James Curran to present a bill to the Grand Jury against the four men without preliminary arraignment or hearing.
Dr. Spencer and Mace posted bond of $5,000 each for their release, pending further action, but Sukunda and Chickersky spent the night in the county prison until they furnished the same amount of bail this morning.
Authorities said that a statement was originally made by the Buffalo woman, implicating the four men, when she thought she was on her death bed, but eventually recovered. She later repeated the statement accusing the defendants.
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From the Hazleton Standard Dealer, February 25, 1966:
PHYSICIAN, THREE OTHERS CHAARGED WITH ABORTION
Four men, including an Ashland doctor, have been indicted by the Schuylkill County Grand Jury on charges of committing an abortion and conspiracy to commit an unlawful act.
After indictment was handed down orders were issued for the arrest of Dr. Robert Spencer, 76; Michael Chickersky, 27, and Stephen Sukunda, 76, all of Ashland, and Harry F. Mace, 45, Williamstown.
President Judge James J. Curran issued the capias, and at the same time granted a warrant for search of Spencer’s premises to permit confiscation of Spencer’s medical records.
State Police Corporal Charles Skurkis testified after the grand jury session that the abortion was performed on a Buffalo, New York, woman in Spencer’s Ashland offices.
Skurkis said the woman, who was not identified, paid $600 for the operation and visited Spencer’s offices January 3, 4, and 5 [1966].
Skurkis, who is prosecutor in the case, told the court he needs Spencer’s medical records for prosecution purposes. The search warrant request was made through Assistant District Attorney Richard Russell.
Curran had given permission to District Attorney Harry W. Lightstone to present his bill to the grand jury without a preliminary hearing.
The quarter will be arraigned after they are arrested.
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From the Pottsville Republican & Herald, April 7, 1966:
REQUEST COUNTY COURT DROP CHARGE OF ABORTION
COURT HOUSE — Four men who were indicted last February on charges of abortion and conspiracy to do an unlawful act, have filed petitions in the Schuylkill County Courts seeking to have the charges quashed.
Filing were Dr. Robert D. Spencer, Michael Chickersky and Stephen Sukunda, all of Ashland, and Harry F. Mace, Williamstown.
Technical legal questions are raised and also that their constitutional rights were violated. The allege the bills presented to the grand jury against them were made without them being served with a complaint or given a preliminary hearing which was in violation of their rights. Also that the district attorney failed to notify the of his intent to present the bills to the grand jury thus denying them the right to challenge the array of the grand jury and any individual on the grand jury.
In their petition they also ask the capias issued against them be quashed and that they be released from their bond on grounds that there is no authority under the Constitution of the United States for issuance of a capias for the arrest without prior arraignment or preliminary hearing and a written complaint being made against them prior to the presentation of the bills to the grand jury.
They also seek to suppress certain evidence alleged to have been taken from the office of Dr. Spencer. They ask the evidence be suppressed and the doctor’s records returned.
Pres. Judge James J. Curran issued a rule on District Attorney Harry W. Lightstone to show cause why these requests should not be granted. Attorneys Howard G. Stutzman and Ralph M. Bashore represent the four men.
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From the Hazleton Standard Speaker, April 7, 1966:
DR. SPENCER, 3 OTHERS ATTACK CHARGES AND MANNER OF ARREST
Applications to quash indictments, quash capias, and discharge defendants from bail, and suppress and return evidence have been filed by attorneys for Dr. Robert D. Spencer, of Ashland, and three co-defendants, all of whom face charges on an alleged abortion performed on a New York State woman.
Cited as defendants, along with Dr. Spencer, are Harry F. Mace of Williamstown area; Michael Chickersky and Stephen Sukunda, both of Ashland.
In the pre-trial applications, Attorneys Howard G. Stutzman and Ralph M. Bashore request the following actions.
The application to quash indictments noted that on February 23, 1966, a grand jury approved two bills of indictment against the defendants. It is charged that these bills were presented to the panel by the District Attorney without prior arrest or arraignment of the defendants, without written complaints being served and without a prior hearing being afforded the defendants.
According to the application, the bills were presented to the jurors upon specific order of court on petition of the District Attorney. It is claimed that the petition of the DA failed to set forth any urgent or compelling reasons for presentment of the bills without any prior arrest, arraignment or hearing.
It is further claimed that the bills were irregularly, improperly and illegally obtained, resulting in a denial of the defendant’s constitutional rights. In the application it is requested that a rule be served on the DA to show cause why the bills should not be quashed.
The second application, that seeking to quash capias and discharge the defendants from bail states no authority for issuance of a capias for arrest of the defendants, without any previous arraignment or preliminary hearing, or without written complaint having been made against them.
According to the allegations of the application, the capias was issued improperly and restraint of the defendants is in violation of the U. S. and Pennsylvania Constitution. And it is further claimed that fixing of bail was illegal.
A show cause rule on the DA was requested.
In the third application, which asked suppression and return of evidence, reference was made to issuance of a search warrant by the court on February 23, 1966, upon affidavit of Dr. Spencer’s premises.
Allegedly officers seized records and papers of the defendant. It is claimed he was not advised of his constitutional rights concerning seizure of records; also claimed the issue of the warrant was illegal and improper.
The defendant believes that books and records seized will be used in his trial, contrary to the constitution. A show cause rule was also requested in connection with this application, asking why the records should not be returned to Dr. Spencer.
Judge Harold L. Paul issued rules on the District Attorney Harry Lightstone, all returnable April 25, directing him to show cause why bills of indictment should not be quashed, capias should not be quashed and defendants discharged from bail, and evidence seized by officers should not be suppressed and records returned to Dr. Spencer.
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From the Allentown Morning Call, April 8, 1966:
COURT ASKED TO DROP CHARGES
POTTSVILLE — A Schuylkill County physician and three co-defendants, charged with abortion allegedly performed on a New York woman, asked the county court Thursday to quash their indictments, discharge the defendants from bail and suppress all evidence in the case.
Defendants in the case are Dr. Robert D. Spencer, Michael Chickersky and Stephen Sukunda, all of Ashland, and Harry F. Mace, of Williamstown.
In their petition, the defendants claim the bills of indictment were presented to the grand jury by the district attorney without prior arrest of arraignment, without written complaints being served and without a prior hearing being afforded the defendants.
They also claim the petition of the district attorney failed to set forth any urgent or compelling reasons for presentment of the bills without any prior arrest or hearing; records and papers of Dr. Spencer were seized without proper authority and their use in a trial is contrary to the constitution.
Judge Harold L. Paul issued a rule on District Attorney Harry Lightstone, returnable by April 25 [1966], to show cause why the defendant’s applications should not be honored and the indictments quashed.
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