Grinnell Herald, September 27, 1898 |
Anamosa State Penitentiary (Reformatory), ca. 1910 (Digital Grinnell) |
***
After 1873, performing an abortion on a woman in Iowa was illegal, "unless such miscarriage shall be necessary to save [the woman's] life." Punishment included a stiff fine and imprisonment for up to five years.
New revised annotated code of Iowa...being the Iowa code of 1873 as amended...(Des Moines, 1888), p. 1239. |
Even though lawmakers paid increasing attention to the issue as the century waned, Iowa prosecutions for performing an abortion remained rare, and, so far as I know, no Grinnell physician before Aikin had been brought to trial over the accusation (and perhaps none afterwards either).
But then, in late September 1898 the Grinnell Herald reported that on September 16, the county grand jury had indicted Mary Aikin, "charging her with abortion and ordering her arrest." The newspaper noted that Aikin had recently been ill, which is why the warrant was served at her residence at 1221 Park Street. The article asserted, sympathetically, that "it is impossible to give the evidence before the grand jury which caused the indictment, the accused person herself being kept in ignorance of its character." A brief note in the Herald the following week (October 4) hinted that the charge was based on "some very direct testimony," but allowed that the "Doctor doubtless will be able to introduce some counter testimony that will have a bearing on the case."
Aikin was due in court November 8, but because of poor health, the trial was delayed, physicians expressing doubt about Aikin's ability to withstand the process. Delays prompted grumbling in some quarters. After her case was put off for a second time in January 1899, the Montezuma Democrat ridiculed the affidavit of two doctors who had asserted that
As the Grinnell Herald noted, there were only two witnesses: "Mrs. Myrtle Noble on whom the operation was performed and her mother, Mrs. [Mary] Kilmer, who testified that she was present and witnessed the operation." Aikin, testifying in her own behalf, contradicted the state's witnesses, and denied that Mrs. Noble had ever been in her office. The case went promptly to the jury, who could not have debated long. Although nothing indicates the exact hour when the jury retired, we know that by 10 PM of that same day it had returned a verdict of guilty. Aikin was released on bond, but the county sheriff collected her April 6, delivering her to Anamosa where she began serving her five-year sentence. In prison she was one of about twenty women among more than 400 men, an indirect indication of how rarely women were convicted of serious crime in nineteenth-century Iowa.
Immediately after the verdict, Aikin's attorney filed an appeal for a new trial, which the judge summarily rejected. Then her attorney appealed to the Iowa Supreme Court, which heard the matter December 12, 1899. Writing for the court, Judge Deemer noted that "The indictment negatived the exception found in the statute, and the court instructed that the state must show, beyond a reasonable doubt, that the miscarriage produced by the defendant was not necessary to save the life of the mother." Defendant's counsel argued that "the verdict is contrary to the instructions of the court," that the state had not "negatived" the statute's exception. In other words, the difference in viewpoints hinged on this one question: was the abortion necessary to preserve the life of the woman?
The court's deliberation is worth quoting at length:
Only twelve days after her death did the Grinnell Herald (March 18, 1902) carry a brief notice in place of an obituary. The Herald reported only that the Anamosa prison newspaper "contains an account of the death of Dr. Mary Aikin in the hospital of the woman's prison last Thursday. Her death was due to a tumor."
In this rather sad way the tale of Mary Aikin comes to an end. Given the woman's age and health difficulties, her continued stay in prison after her conviction had been reversed begs for an explanation. Indeed, it is difficult to understand how she merited the maximum sentence in the first place. In a similar case from 1897, a Davenport dentist, Dr. John Cleland, 72 years of age and in poor health like Aikin, was convicted of having performed an abortion, but was sentenced to only nine months' imprisonment, even though Cleland admitted having performed an abortion; more than that, his "patient" had been so damaged by the operation that she required hospitalization. Nevertheless, Davenport residents organized petitions in favor of pardoning Cleland, arguing that even nine months in jail would kill the aged and ailing dentist. No public demonstrations in Grinnell and no petitions for pardon on Aikin's behalf are reported, nor did the judge in her case find it possible to lighten the sentence, even after the conviction was reversed by the Iowa Supreme Court.
How did Mary Aikin end up deserted and unfairly imprisoned, and why did her hometown offer her no support, despite her having practiced in Grinnell for more than twenty years, and despite the fact that the Iowa Supreme Court had thrown out her conviction? There are no easy answers to these questions, but careful examination of Aikin's biography provides some possible explanations.
***But then, in late September 1898 the Grinnell Herald reported that on September 16, the county grand jury had indicted Mary Aikin, "charging her with abortion and ordering her arrest." The newspaper noted that Aikin had recently been ill, which is why the warrant was served at her residence at 1221 Park Street. The article asserted, sympathetically, that "it is impossible to give the evidence before the grand jury which caused the indictment, the accused person herself being kept in ignorance of its character." A brief note in the Herald the following week (October 4) hinted that the charge was based on "some very direct testimony," but allowed that the "Doctor doubtless will be able to introduce some counter testimony that will have a bearing on the case."
Aikin was due in court November 8, but because of poor health, the trial was delayed, physicians expressing doubt about Aikin's ability to withstand the process. Delays prompted grumbling in some quarters. After her case was put off for a second time in January 1899, the Montezuma Democrat ridiculed the affidavit of two doctors who had asserted that
the defendant's health is such as to render it dangerous to try the case now. Dangerous to what? Her conviction? This is the second or third time the same kind of a plea has been accepted! This woman has been indicted by the grand jury on two or three counts for the crime of abortion, and we are told the evidence is conclusive of her guilt. How long, O Lord, how long, is this case to be continued? (January 24, 1899; thanks to Pat Rowell for sharing this clipping with me)Back in Grinnell the delays seem not to have caused much comment, but when Aikin's case came before the Montezuma court again on March 24th, and Aikin continued to plead for postponement, Judge Scott pressed ahead. He summoned two doctors to court to examine Aikin, and when they reported "that she could probably stand the trial comfortably," he immediately called the proceedings to order.
As the Grinnell Herald noted, there were only two witnesses: "Mrs. Myrtle Noble on whom the operation was performed and her mother, Mrs. [Mary] Kilmer, who testified that she was present and witnessed the operation." Aikin, testifying in her own behalf, contradicted the state's witnesses, and denied that Mrs. Noble had ever been in her office. The case went promptly to the jury, who could not have debated long. Although nothing indicates the exact hour when the jury retired, we know that by 10 PM of that same day it had returned a verdict of guilty. Aikin was released on bond, but the county sheriff collected her April 6, delivering her to Anamosa where she began serving her five-year sentence. In prison she was one of about twenty women among more than 400 men, an indirect indication of how rarely women were convicted of serious crime in nineteenth-century Iowa.
Immediately after the verdict, Aikin's attorney filed an appeal for a new trial, which the judge summarily rejected. Then her attorney appealed to the Iowa Supreme Court, which heard the matter December 12, 1899. Writing for the court, Judge Deemer noted that "The indictment negatived the exception found in the statute, and the court instructed that the state must show, beyond a reasonable doubt, that the miscarriage produced by the defendant was not necessary to save the life of the mother." Defendant's counsel argued that "the verdict is contrary to the instructions of the court," that the state had not "negatived" the statute's exception. In other words, the difference in viewpoints hinged on this one question: was the abortion necessary to preserve the life of the woman?
The court's deliberation is worth quoting at length:
All that is disclosed by the evidence...is that the woman on whom the operation was performed went with her mother to the office of the defendant, who is a doctor, and requested her to perform an abortion. The woman was advanced in pregnancy for from five to six months, and the operation was successfully performed. There is no evidence of illicit intercourse, no showing as to whether she was married or unmarried, and nothing to indicate the condition of her health, except that she walked to the office of the defendant two or three times. Surely, this does not prove beyond a reasonable doubt that the miscarriage was not necessary to save the life of the mother...It is a matter of common knowledge that many persons walk to hospitals and to offices to have operations performed that are necessary to save life...There was not sufficient evidence to support the material allegations of the indictment, and defendant's motion for a new trial should have been sustained...For the error pointed out, the judgment of the district court is reversed, and the case is remanded for a retrial (Reports of Cases at Law and in Equity determined by the Supreme Court of the State of Iowa, May 26, 1899, December 14, 1899, vol. 20 [=109] [Des Moines: Geo. H. Ragsdale, publisher, 1899], pp. 645-46).Gratifying though this result must have been to Aikin and her attorney, it did nothing to change Aikin's situation at Anamosa. As before, she remained in the prison hospital, her health so poor as to prevent her returning to Montezuma for a new trial. It seems hardly credible, but more than two years later Aikin was still in the prison hospital, her health deteriorating daily. She died in prison March 6, 1902, never having reclaimed her freedom after the 1899 conviction. The Anamosa Prison Press announced Aikin's death and published an obituary in its March 8 (!) issue. The Anamosa Eureka (March 13, 1902) also remarked on her death, observing (incorrectly) that Aikin was nearly 74 years old, and that a friend had claimed the body for burial in Riverside cemetery, Anamosa.
Gravestone for Dr. Mary H. Aiken (1829-1902), Riverside Cemetery, Anamosa, Iowa (https://www.findagrave.com/memorial/76399887/mary-h-aiken) |
Davenport Weekly Republican, May 5, 1897 |
How did Mary Aikin end up deserted and unfairly imprisoned, and why did her hometown offer her no support, despite her having practiced in Grinnell for more than twenty years, and despite the fact that the Iowa Supreme Court had thrown out her conviction? There are no easy answers to these questions, but careful examination of Aikin's biography provides some possible explanations.
For example, it may be that Aikin's maiden surname was Herma, as she often used "Herma" as a middle name when she signed letters or entered her name in official lists ("Mary Herma Aikin"). But as an English surname, Herma is quite rare, and is better attested in German records. Nevertheless, I did find in a January 1830 parish register from St. James Church, Shere, Surrey a christening record of Mary, daughter of Thomas and Elizabeth Herma. The date of christening might be late for a July 1829 birth, but not impossible. More troublesome is the fact that Surrey is not very close to Oxford, where "our" Mary's father reportedly worked, and certainly cannot easily be called "north country" England. Moreover, although the girl's parents bear the surname "Herma," the christening record identifies the baby's father not as an Oxford don, but rather as a "laborer." So, this might be the correct christening record for Grinnell's Mary Aikin, but only if we accept that other claims in her obituary were invented and false.
Aikin's obituary also asserts that she had been married, in which case Aikin would likely be her husband's surname. The 1902 obituary continues, saying that this husband was himself a medical doctor who died "about twenty-five years ago"—that is, about 1875. But finding evidence of her husband-doctor has also proven frustrating. If, as the obituary maintains, Aikin came to the US "about 1870," she would have arrived, presumably, in the company of her husband. However, no passenger lists or border crossing data presently available confirm the arrival of Dr. and Mrs. Aikin (or Aiken or Aikins) in any East Coast ports in the years around 1870.
After some effort I was able to locate in the 1870 US Census of Grand Rapids, Michigan a Nathan J. Aikin, "physician," age 29, born in New York, and his wife, "Mary H," age 32, born in England and then "keeping house." The English birth, together with the woman's initial of her middle or maiden name, allow us to think that this might be the woman who later resided in Grinnell (if one accepts that the census age is incorrect).
However, far from dying in 1875, as Mary Aikin's husband was said to have done, Nathan J. Aikin reappeared in the 1880 US census of Grand Rapids, this time with a different wife, Edna. This is approximately the same time when Mary Aikin came to Grinnell, so it is conceivable that she left Nathan, who remarried, but I found nothing to confirm this speculation.
In Michigan periodicals Aikin regularly published advertisements that declared him "doubtless the most skilled Ladies' Physician in the world," perhaps a connection with the medical specialization of Grinnell's Mary Aikin. However, before long, the Michigan Dr. Aikin moved to Oakland, California where he attracted the unwelcome attention of federal postal authorities for having used the US mails to sell home-made remedies. Convicted and sentenced to prison, Nathan Aikin poisoned himself June 1894 before officials could put him behind bars in San Quentin. Could this man once have been Mary Aikin's husband? If so, why does her obituary report his death at least twenty years before he did in fact die?
San Francisco Morning Call, June 10, 1894 |
Advertisement in 1878 Grinnell Directory |
Records of Grinnell Congregational Church, Book 4: Records of First Congregational Society, 1860-1900, p. 299 (Drake Community Library microfilm) |
Charles H. Lothrop, Medical and Surgical Directory of the State of Iowa for 1880 and 1881 (Clinton, IA: 1880), p.131 |
This circumstance may explain the surprisingly critical reaction of Iowa physicians to Aikin's conviction. The 1898 Iowa Medical Journal (p. 400) carried word of Aikin's arrest for "producing an abortion." Although admitting that the editors knew nothing of her guilt, the journal went on to hope that "every abortionist in the state will be brought to terms," alleging that "this crime is altogether too prevalent in the medical profession." A notice in the 1899 volume announced Aikin's conviction and sentencing, and abandoned the effort at fair-mindedness evident in the 1898 issue:
The doctor has the reputation of being an old offender in this line. Now that the courts have started on this good work we hope they will not let up until they have rid the profession of these murderers, many of whom are using their certificates of practice largely for the purpose of taking life rather than of saving it (Iowa Medical Journal 5[1899]:166).The Woman's Medical Journal (8[1899]:245-46) was even more critical. Reporting news of Aikin's conviction, the periodical printed her name and title in quotation marks, noting that she was registered as an "eclectic, but is starred [in the register], that is, declines to give date and place of graduation...," and was therefore of dubious credentials.
***
Prior to her indictment, Aikin attracted little attention from the Grinnell newspapers. However, as we learn from some letters she wrote, over time Aikin was increasingly attracted to radical politics, and was especially affected by the so-called Haymarket Riot of 1876 and the subsequent execution of those convicted of the bombing. In a letter published in the journal Commonweal (May 4, 1889), Aikin expressed disgust that the Illinois State's attorney who prosecuted the alleged Haymarket bombers (Julius Grinnell [1842-98]) was a cousin of Iowa's J. B. Grinnell, and that J. B. Grinnell had "vouched to the court for the good character of Harry Gilmer," the only witness who positively identified the men as having tossed the bomb. Even more appalling to Aikin was the way in which the town of Grinnell received news of the conviction and sentencing of the men in Chicago:On the day our Chicago comrades were sentenced to death [August 20, 1886] all the bells [in Grinnell] were rung in rejoicing; the same thing was done at noon on the day of the murder [i.e., the executions, November 11, 1887], and at night they had bonfires and general rejoicing.Observing that she was the lone Anarchist in town, Aikin reported her own very different reaction to events in Chicago: "I draped my office in mourning, put on a mourning costume, and then went to work to make converts to the cause, right here among its most bitter enemies." By her own account, Aikin had organized in Grinnell a group of some ten or eleven persons who identified with the International Working Peoples Association. "Six [of these men] are mechanics and common labourers of very poor education," she wrote. "These men cannot read Marx, Proudhon, or Spencer; the language, the logic, the science are all far above the reach of my poor friends. And they have so little time. When night comes they are too tired for books, too tired to think..." In this summary Aikin repeats the observations (and frustrations) of Lenin and many other agitators who tried to enlighten and motivate the working class. But hard evidence confirming the existence or membership of such a group in Grinnell is so far wanting.
Issues of the Grinnell Herald from August 1886, when the Chicago verdict was announced, or from November 1887, when the convicted were executed, contain no news of bells ringing or bonfires burning in celebration. Nor do the newspaper's "personal" columns relay details of Mary Aikin's mourning costume or her office decorated with black crepe, so it is difficult to confirm her reports. All the same, there can be little doubt that Aikin had turned an important corner, pitting herself against the larger, more conservative world around her. Consequently, especially if she had overtly advertised her solidarity with those executed in Chicago, or if she was known to be tutoring workmen in political radicalism, Aikin's politics will have become increasingly clear to the Grinnell public.
Coded word in an Extract from a May 24, 1893 letter of Mary Aikin to Voltairine de Cleyre showing her coded reference (Grinnell College Libraries Special Collections and Archives, File 20pG88aik) |
Voltairine de Cleyre (1866-1912) (https://commons.wikimedia.org/wiki/File%3AVoltairinedeCleyre.jpg) |
Dyer Daniel Lum (1839-1893) (https://commons.wikimedia.org/wiki/File%3ADyer_D_Lum.jpg) |
Oh, the suffering of reading your precious letter, telling how he went away—I would not read it here. I wanted to be alone with him. I went to Colfax, thirty miles west, did not tell where I was going, so as to shut out telegrams and people. And then—dear comrade I cannot say what happened—it would have been heaven to die anyhow to what I felt...this short while has whitened my hair almost to silver—it was just beginning to be gray—and made me so strangely calm and silent that my friends say to me, "What is the matter? what troubles you so deeply?" Tell them? No! This grief is for you and me.This girlish romantic sensationalism contrasts with another part of Aikin's letters in which she analyzes her own sexual identity:
I am not like other women, I fancy, indeed one of my friends, an English captain of cavalry, says that by some mistake I was put into a woman's form. Tears come to me so terribly as to a man and as seldom. Emotion takes the form of utter calm outwardly. I am not what is called "affectionate" and because I am like this I loved dear L as men love each other, without weakness, without sentiment, but with faith and truth, loved him so well that I could have helped him go to certain death for Freedom, and let him see only smiles of approval.
***
The evidentiary shards from Aikin's private life make one wonder how locals viewed her. A woman who practiced medicine, and who—by her own account—did not much act like other women, and who increasingly put herself at odds with the prevailing political opinion must have attracted criticism, even if none made it onto the pages of the newspaper.These considerations made me reexamine the abortion case that originally brought Mary Aikin to our attention. I wondered what motivated Myrtle Noble—who, although five months into her pregnancy, had voluntarily come to Aikin in search of an abortion—to complain against Aikin for the very service that she herself had requested? Nothing in the record indicates that Noble was in any way harmed by Aikin's action, and her mother, Mary Kilmer, who joined Noble in testifying against Aikin, admitted that she had been present for the operation, implying her consent. Why then did these women later accuse Aikin, who, we should remember, denied that Noble had ever been in her office? Is it possible that Noble was suborned to accuse Aikin falsely?
William Kilmer Household in 1900 US Census of Washington Township, Poweshiek County |
So what happened? Did a very pregnant Mrs. Myrtle Noble (in the company of her mother) seek out an abortion from Mary Aikin? And if she did, why did she? Satisfyingly confident answers to these questions remain elusive. There can be no doubt that Mary Aikin stood out from the more conventional society of late nineteenth-century Grinnell. She did not act as women were expected to act, nor did she attend church or adopt the Republican politics commonly endorsed in early Grinnell. Ambiguities of her biography could only have sharpened criticism, and if, as she herself claimed, she was trying to educate working men to the politics of anarchism, town fathers might well have been scandalized and alarmed.
Were they? Did men in power fashion a means by which to punish and remove Mary Aikin? I could find nothing that directly confirms this suspicion, but the peculiar circumstances of the charge leveled against Aikin and the maximum penalty given her—along with the fact that she was not released after her conviction was overturned—cast suspicion upon the entire episode of Grinnell's first judicial encounter with abortion.
Thank you for sharing this, very interesting
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