People v. Hobbs

• Decision Date: 21 April 1921
• Docket Number: No. 13390.,13390.
• Citation: People v. Hobbs, 297 Ill. 399, 130 N.E. 779 (Ill. 1921)
• Parties: PEOPLE v. HOBBS.
• Court: Illinois Supreme Court

297 Ill. 399

130 N.E. 779

PEOPLE

v.HOBBS.

No. 13390.

Supreme Court of Illinois.

April 21, 1921.

Error to Criminal Court, Cook County; Kickham Scanlan, Judge.

Lillian Hobbs was convicted of murder, and sentenced to imprisonment for a term of 14 years, and she brings error.

Reversed and remanded.Everett Jennings and E. M. Seymour, both of Chicago (Charles J. Trainor, of Chicago, of counsel), for plaintiff in error.

Edward J. Brundage, Atty. Gen., Maclay Hoyne and Robert E. Crowe, State's Attys., both of Chicago, and Noah C. Bainum, of Springfield (Edward E. Wilson, Grover C. Niemeyer, and Dwight McKay, all of Chicago, of counsel), for the people.

PER CURIAM.

Alda Christopherson, an unmarried woman 21 years old, died at the Lakeside Hospital, in Chicago, on February 25, 1916, as the result of an abortion. She was taken to the hospital in the afternoon of February 24 suffering from peritonitis, resulting from the abortion. The surgeon in charge was not able to get any statement from her as to her trouble or its history until he was informed by her sister, Kitty Christopherson, that she had learned by telephone from John K. McDonald of the cause of the trouble, and then he decided to operate as quickly as possible. Upon making an incision in the abdomen he found blood and blood clots, an enlargement of the uterus indicating a condition which had existed 2 or 2 1/2 months, and in the fundus or upper end of the uterus an opening caused by some instrument. He was wearing rubber gloves and his thumb slipped into the hole, which was filled with placental tissue protruding through the opening. The surgeon performed such services as he could and sutured the opening, but the patient died next morning. The plaintiff in error, Lillian Hobbs, who had an office and practiced as a physician and surgeon, was indicted in the criminal court of Cook county for murder, and upon the trial there was a verdict of guilty, and the punishment was fixed at imprisonment in the penitentiary for a term of 14 years. The record has been brought to this court by writ of error.

The assignment of errors contains 52 specifications of alleged errors, including practically every rule of law and practice pertaining to criminal prosecutions, and they are repeated in the brief, and again in the argument under like headings. A great many of them are stated as general rules without any particular application to the case, and such of them as have any substantial relation to the case or form any basis for argument that error was committed will be noticed.

At the trial the facts above stated were proved and not disputed, and the controversy was whether the injury was self-inflicted or caused by the defendant in an operation at her office. The principal testimony on the part of the people was by John K. McDonald, who was responsible for the condition of Alda Christopherson and who had been promised immunity from prosecution, and on the part of the defendant by her denial of any participation in the abortion, and each one was corroborated to some extent. McDonald testified that on February 22, 1916, he went to the office of the defendant and asked her if a lady had been there the day previous to see about having an operation performed and if she had returned that morning or if the defendant had heard from her, and the defendant said that she had not returned or been heard from; that he asked the defendant if there would be any danger in having an operation performed, and she said there would not; that he said if there was danger he did not want it done, and told the defendant that he and the girl would be back there about 1:30 o'clock; that he then met Alda by appointment and went with her to the defendant's office and they entered the reception room on the first floor; that the defendant remarked about their looking worried and said there was nothing to worry about, and she told him to stay there, and she and Alda went down to the office in the basement, Alda going down the front way and the defendant the back way; that they were not gone over 15 minutes, and when they came up he asked the defendant if she would take her money now or later; that the defendant said she would take the money now, as she usually got the money for that work in advance; that nothing was said about what the work was and he paid the $50; that the defendant said if the girl would follow instructions there would be nothing to worry about; that Alda took the street car and went home and he noticed nothing unusual about her condition; and that he went that evening to the house of Mrs. G. E. Holmes, where Alda was doing housework, and went out with her and was with her until quite late at night. The sister, Kitty Christopherson, testified that there was nothing noticeable about her sister on the 22d; that Alda went out with McDonald in the evening and she met them at a picture show and came back with them and there was no indication of anything wrong; and Nellie Christopherson, another sister, testified that Alda was in good health on the night of the 22d and seemed all right.

The defendant testified that Alda Christopherson came to her office on February 21, 1916, and said she was in trouble and started to cry and told her what the trouble was; that she asked Alda how it was that she came to her, and she replied that she wanted a woman doctor, and the defendant said that her sign did not indicate whether she was a man or woman; that Alda said she wanted a woman doctor, and said for about six weeks she had been taking dope and the Sunday before she got desperate and had used a buttonhook on herself; that her legs ached and she felt sick and wanted to know if the defendant would not finish her up; that the defendant told her if she had done that she had done enough and ought to go to the hospital, which was the only way to do and she would take care of her; that Alda would not tell her name or address, and the defendant told her to go home, take quinine and a hot bath, and gave her permission to come back the next day; that McDonald came the next day about noon and asked her if the girl had called her up and made arrangements, and she told him no; that he asked her if she thought an operation was safe, and she said it was for anything she knew, that she knew many cases that had come out all right and did not know of any danger, but he said if this was not going to be safe he did not want anything to happen to Alda; that they might be married but it was rather inconvenient; that he came back with Alda before 2 o'clock and asked the defendant to do something for her and that he did not want anything to happen to her; that the defendant said she would make an examination and find out how much damage had been done; that Alda went down the front way and she went down the back way and called her daughter-in-law in the office because the girl was hysterical; that when Alda got on the operating table she said, ‘O, my! If I had not used that buttonhook I would not have to be here!’ that the defendant used a speculum and found a little oozing of blood and great inflammation;that she swabbed the place out with an antiseptic on gauze, using a little dressing forceps; that she did not do anything else or cause any abortion; that when they went upstairs she told McDonald that he should get Alda into a hospital as quick as he could, and he asked her how much money she would want to put her into a hospital, and she told him $50 in advance; that he paid her $50 and they left, and she telephoned the American Theatrical Hospital and engaged a room for the patient; that McDonald came back the next day, about 2 o'clock in the afternoon, and told her that the patient was feeling better, and that evening she told the chief surgeon at the hospital not to reserve the room, because the patient was better.

William Heyward, a son of the defendant, and Ada Kanter, who was then a nurse, testified that they were in the library adjoining the office, with an open doorway with portieres, when Alda Christopherson was at the office the first time. He said that she was stepping carefully and said she was in bad; that she had been taking dope and had used a buttonhook on herself; and she testified that Alda said she was in much pain and was suffering, and said that she grew desperate and used a buttonhook, and the defendant said she thought she had done enough and asked her if she had any results, and Alda said a little but not enough, and the doctor said she could do nothing for her unless she went to the hospital. Her daughter-in-law testified that when the defendant and Alda went down to the basement on the second visit Alda acted as though she was in pain, walked slowly, and looked awfully pale; that when she got on the table the defendant said she would make an examination and see what damage she had done to herself by using a buttonhook, and the girl said if she had not used a buttonhook she would not have been there. George J. Hobbs testified that on February 22, at the time of the second visit, he was attracted by the way the girl behaved; that she seemed to be miserable and was moaningand crying and said she was suffering; and that McDonald stayed upstairs and the defendant and Alda went downstairs. Lillian Thompson, a clerk in a five and ten cent store, testified that on February 21 Alda came in the store about 10 o'clock, walking slowly, carefully and limping, and purchased some sanitary napkins; that she told the witness what her trouble was and pointed to a buttonhook lying on the counter and said she had used a crochethook and a buttonhook, and that she was going to a doctor's office and was afraid the doctor would not do anything for her. There was evidence of the employer of this witness that her reputation for truth and veracity was bad. In an affidavit filed on a motion for a new trial a woman stated that when McDonald and Alda came to the defendant's office Alda was rubbing her...