People v. Seaman

• Citation: 107 Mich. 348,65 N.W. 203
• Court: Supreme Court of Michigan
• Decision Date: 10 December 1895
• Parties: PEOPLE v. SEAMAN.

65 N.W. 203

107 Mich. 348

PEOPLE v. SEAMAN.

Supreme Court of Michigan

December 10, 1895

Exceptions from recorder's court of Detroit; William W. Chapin Judge.

Dennis J. Seaman was convicted of manslaughter, and brings exceptions. Reversed.

Fred A. Maynard, Atty. Gen., Allan H. Frazer Pros. Atty., and Ormond F. Hunt, Asst. Pros. Atty., for the People.

Fred H Warren and Levi J. Fick, for defendant.

McGRATH, C.J.

Respondent was informed against, jointly with one Alice Lane, under How. Ann. St. � 9107, for manslaughter. He demanded and had a separate trial. The first count charged the use of drugs, the name and component parts of which are unknown; the second charged the use of an instrument, the name of which is unknown; and the third charged the employment of means, the nature of which was unknown. The testimony for the people tended to show that Emma Hall went to the house of Alice Lane about midnight of January 23, 1895; that on Tuesday, January 29th, she was delivered of a f tus four to six months gone that on Sunday, February 3d, she died; that her body was removed at midnight, Sunday night, to an undertaker's that it was then placed on the cooling board and embalmed; that the body was not buried, but remained at the undertaker's for over two months; that a reporter for one of the daily papers discovered its presence there, the attention of the authorities was called to it, and on April 8th a coroner's inquest was held, resulting in the arrest of the parties charged. The testimony further tended to show: That Emma Hall came from England. That she came to Detroit upon a prearrangement made by one Jonathan Bell. That upon her arrival in Detroit she went direct to the Lane house. That Dr. Seaman was informed of her arrival on Friday, January 25th. That he visited her from time to time until her death. That he was present from 9 o'clock in the morning on Sunday, February 3d, until after her death. That he went personally to the undertaker's office, and arranged for her burial. That he accompanied the undertaker to the house, obtained the body by way of the alley in the rear of the house, and returned with the undertaker and the body to the latter's place of business. That he made out and gave to the undertaker the required death certificate, which gave the name of decedent as Myrtle Cook, her birthplace as New York, the cause of her death as pneumonia, the duration of her disease as one week, the place of death as 608 Piquette avenue, Ninth ward. Deceased had not been known by any one at the house or elsewhere by the name given, and she died at 630 Lincoln avenue. That, after the discovery of the body at the undertaker's, respondent told two reporters that at 6 o'clock on Sunday evening, February 3d, a strange gentleman called at his office, and requested him to visit a lady that was very sick with pneumonia; that he asked the stranger why he did not call his family physician, and he said he had discharged him; that he finally consented to go; that the stranger called a hack, and he went with him, and found the lady so ill that respondent told the stranger that she would die that night; that the stranger called the next day, and represented that the girl's name was Myrtle Cook, and he signed the certificate of death. It further appeared: That before the inquest respondent tried to prevail upon the coroner not to hold an inquest, claiming that it was unnecessary. That at the time of respondent's arrest there were found secreted upon his person a number of letters from Bell, in England, addressed to Emma Hall, en route to Detroit, and at Detroit. That these letters were shown to be in the handwriting of Jonathan Bell. That said Bell had, a short time previously, visited this country, and had spent some time in Detroit. The letters contained explicit directions as to the Lane house; the decedent's condition; referred to an advertisement in one of the Detroit papers of the house; to the fact that deceased could submit to an immediate removal of the child, or could remain there until the natural course of events; to her expenses; and to remittances for the home voyage after the event. One of the letters contained a copy of a letter from Alice Lane, proposing to give board, room, medical attendance, etc., from time of arrival, for $50. "Adoption fee, if born in our hospital, and we take it in, $25. We will also treat you, if you are not too far gone, perfectly safe, for the same money. Will only require about ten days for treatment." It also appeared that after the death a letter came to the Lane house, addressed to Emma Hall, inclosing a draft payable to the latter's order; that this draft was taken to respondent, and he indorsed the name of "E. Hall" thereupon, and the Lanes obtained the money thereon, and, by arrangement in which respondent took part, a messenger was sent to Buffalo to send from there a cablegram to Bell in England, and such cablegram was sent; that before the coroner's inquest a written statement was prepared by respondent, giving a theory of Emma Hall's appearance at the Lane house, setting forth that she came there before the holidays, and that the child was born alive, and was given to one of the inmates of the house; that this statement was submitted to Alice Lane, Herman B. Lane, and Rose Ryan (the latter, one of the inmates of the Lane household), as the story which was to be told at the inquest, and the suggestions were followed out. At the inquest, respondent was sworn, and testified that he first saw Myrtle Cook some time before Christmas at his office; that she then told him she was pregnant; that she asked him if he could refer her to some place where she could be kept; that he asked her how much money she had, and, on learning the amount, he told her that the sum was insufficient; that he asked her to call again; that in the meantime he saw Mrs. Lane, and when the patient called he directed her to Mrs. Lane's; that he did not see her again till January 6th, when he was telephoned for and visited her, delivering her of a full-grown, nine-months child; that he called three successive days afterwards, and left her doing well; that about 10 days afterwards he was again telephoned, and went up, and found that she had a light attack of grippe; that he did not call again for some days, but was sent for a few days before she died, and continued to attend her until her death, which was caused by pneumonia and heart failure. On being questioned relative to his statements made to the reporter, he said: "The reporter Schmedding was the first. I don't know him. He wore glasses. Came and asked me some questions. I told him what I felt like

telling. I told him lies, because it was none of his business. I told the officers the same as I told him. I thought it was none of their business, and nobody's business. Q. The officers of the law, who are here to protect the lives and property of the people,-it was none of their business? A. Certainly not. No one could compel me to tell them. Q. How did you come to put 608 Piquette avenue on there? A. At Mrs. Lane's suggestion.

I asked what the alley behind the house was,-about opposite what number it would come,-and she said 608 would be about, and we just guessed at it. I knew this place was not 608 Piquette avenue. I knew it was false when I signed it. I filed it in the health office, and it was accepted. They didn't know the difference, so far as I knew. Myrtle Cook didn't tell me she was 31 years old. We just made a guess about that; at least, I think it was a guess. I didn't say she came to my office the day before Christmas. It was some time before Christmas, and this was the first I ever saw of her. I know nothing about her relatives or friends, and I have learned nothing since. Somebody-I think it was Mrs. Lane-told me she had been at Bay City. I put down place of birth of deceased, New York, because I didn't know what else to put down. I don't know how the Ninth ward came in there. That is a clerical error. Q. Wouldn't that help to deceive still more? A. Why, no, if they were very cute in the health office. I gave the officers a bluff answer as to where this place was. I didn't tell them whether it was east or west. I didn't because I didn't know. I did give the reporter a stiff about going out in a coup�, and I didn't know where I was going. Q. Didn't you say they had their family physician, and you only went up there- A. (interrupting). I admit the whole thing on that occasion was a stiff and a bluff. I had a right to bluff them, if I felt so inclined. Q. Do you think you have the right to make a false report to the health officer of the city? A. Certainly, I knew it. Q. You think you had the right to make a false certificate. A. If I wanted to. Q. Didn't you tell Officer Lally you got this number 608 from the man that came there? A. That is right, but that has nothing to do with it. The question now is different. I had no right to tell professionally, but, since they have told, I have a right to. Q. When did you begin telling the truth? A. I told the truth when I went to see Capt. Baker; not before. That was last Tuesday afternoon. I also told the truth to my attorney, and I am at it now. I wasn't under oath then, you know. By Mr. Frick: Q. What you have said in regard to the misrepresentations you made to the reporter and to Mr. Lally, were they made to conceal anything on your part? A. Not in the least; simply to protect the Lanes. I proposed to maintain it under my professional seal of secrecy as long as I could, and did until the Lanes gave it away. I then was at liberty to give it away."

A post mortem was held, in which several physicians participated. The examination was directed to the lungs and uterus. All agreed that there was no...