Jones v. State

McSherry, J., delivered the opinion of the Court. The appellant was indicted under section 2 of chapter 119 of the Acts of 1868, for that he “did knowingly use ³²⁷ and cause to be used certain means " for the purpose of unlawfully causing the miscarriage and abortion of one Margaret Oursler. There are two counts in the indictment, and they differ only in the averments respecting the means used to accomplish the criminal purpose. The two exceptions which were taken during the trial present substantially the same question.

The State's Attorney offered in evidence several letters written by the traverser to the girl Margaret Oursler, and then proved by her, that “ in compliance with one of said letters" she administered to herself, out of the presence of the traverser, the drug sent to her by him, and in other respects also followed the instructions given by him. She further proved, that afterwards the traverser said to her she had not complied with his advice as contained in the letters, to which she replied that she had done so, but without producing the desired effect. These letters and this conversation were objected to, and their admission in evidence forms the ground of the two exceptions. We cannot set out these letters, or even- give the substance of some of them- — their coarse indecency is shockingly vile.

It is sufficient to say, that accompanying one of them the traverser sent to the girl a bottle of ergot, with written