1. Duffy quotation in George Wright, "Tells Bribe behind Killing," Chicago Daily Tribune, May 2, 1941, p. 1. This brief summary of events and the quotations of Ada Martin's are drawn from the Transcript of People v. Martin, 382 Ill. 192 (1943) Case Files, vault no. 51699, Supreme Court of Illinois, Record Series 901.

2. Testimony of Martin in Transcript of People v. Martin.

3. "Seize Physician and Two Nurses in Abortion Raid," Chicago Tribune, May 10, 1942, Abortionists Files, HHFC.

4. Wright, "Tells Bribe behind Killing," p. 1.

5. The term professional abortionist was widely used. See William J. Robinson, The Law against Abortion: Its Perniciousness Demonstrated and Its Repeal Demanded (New York: Eugenics Publishing, 1933), 75; Paul H. Gebhard et al., Pregnancy, Birth, and Abortion (New York: Harper and Brothers and Paul B. Hoeber Medical Books, 1958), 198-199.

6. Judith Walzer Leavitt, Brought to Bed: Childbearing in America, 1750-1950 (New York: Oxford University Press, 1986), 194, 268, 184, graph; Henry J. Olson et al., "The Problem of Abortion," AJOG 45 (March 1943): 677; Augusta Webster, "Management of Abortion at the Cook County Hospital," AJOG 62 (December 1951): 1327, 1331; W. Nicholson Jones and Eugene H. Howe, "The Role of Antibiotics in the Management of Incomplete Abortions," AJOG 67 (April 1954): 825-831; Irvine Loudon, "Maternal Mortality: 1880-1950. Some Regional and International Comparisons," Social History of Medicine 1 (August 1988): 196-200.

7. Quotation in People v. Stanko, 402 Ill. 558 (1949), p. 560. See also Rolla J. Crick, "Portland 'Abortion Capital' of Northwest," Portland Oregon Journal [July 1951], Abortionists Files, HHFC.

8. One "law-breaking midwi[fe]" reportedly said, "There's an abortion boom. . . . I had forty-five patients on Saturday. . . . They come here straight from the factory, in slacks and overalls." Gretta Palmer, "Your Baby or Your Job," Woman's Home Companion 70 (October 1943): quotation on 137, 137-138; "Abortionist Convicted," Time 43 (March 6, 1944): 62.

9. Alice Kessler-Harris, Out to Work: A History of Wage-Earning Women in the United States (Oxford: Oxford University Press, 1982), 273-299.

10. The "feminine mystique" is Betty Friedan's phrase; Betty Friedan, The Feminine Mystique (New York: Dell, 1963). Mary P. Ryan shows the emphasis on domesticity in the early 1940s, but suggests that "the partisans of domesticity . . . won cultural hegemony after World War II" in Womanhood in America: From Colonial Times to the Present (New York: New Viewpoints, a division of Franklin Watts, 1975), 199; Elaine Tyler May, Homeward Bound: American Families in the Cold War Era (New York: Basic Books, 1988); Susan M. Hartmann, The Home Front and Beyond: American Women in the 1940s (Boston: Twayne Publishers, 1982); Linda Gordon, Heroes of Their Own Lives: The Politics and History of Family Violence, Boston, 1880-1960 (New York: Viking, 1988); Linda Gordon, Woman's Body, Woman's Right: Birth Control in America, rev. and updated (1976; reprint, New York: Penguin Books, 1990), chap. 12.

11. Anna Kross, "The Abortion Problems Seen in Criminal Courts," in The Abortion Problem: Proceedings of the Conference Held Under the Auspices of the National Committee on Maternal Health, Inc. at the New York Academy of Medicine, June 19th and 20th, 1942 (Baltimore: Williams and Wilkins, for the National Committee on Maternal Health, 1944), 110, 107; Ladies Home Journal quotation as cited in Ryan, Womanhood in America, 199, 167-168, 198-209, Rosalind Pollack Petchesky, Abortion and Woman's Choice: The State, Sexuality, and Reproductive Freedom, rev. ed. (1984; reprint, Boston: Northeastern University Press, 1990), 106, 111, 114; Paula Giddings, When and Where I Enter: The Impact of Black Women on Race and Sex in America (New York: William Morrow and Co., 1984), 250-258.

12. McCarthyism is a convenient label used for the anticommunist hysteria

of the 1940s and 1950s even though Senator Joseph McCarthy himself did not steal the limelight until 1950.

13. Mary Jezer, The Dark Ages: Life in the United States 1945-1960 (Boston: South End Press, 1982); David Caute, The Great Fear: The Anti-Communist Purge under Truman and Eisenhower (New York: Simon and Schuster, 1978); Ellen Schrecker, The Age of McCarthyism: A Brief History with Documents (Boston: Bedford Books of St. Martin's Press, 1994); Deborah A. Gerson, "'Is Family Devotion Now Subversive?' Familialism against McCarthyism," in Not June Cleaver: Women and Gender in Postwar America, 1945-1960, edited by Joanne Meyerowitz (Philadelphia: Temple University Press, 1994), 151-172.

14. John D'Emilio, Sexual Politics, Sexual Communities: The Making of a Homosexual Community, 1940-1970 (Chicago: University of Chicago Press, 1983), 41-43, 49-51, 91, quotation on 49. As I find about abortion, George Chauncey finds that prior to this period, the gay male world was much more visible and tolerated than previously realized, Gay New York: Gender, Urban Culture, and the Making of the Gay Male World, 1890-1940 (New York: Basic Books, 1994).

15. "The Abortion Menace," Ebony 6 (January 1951): 24. I am grateful to Susan Smith for bringing this article to my attention.

16. "Sin No More," Time 38 (July 28, 1941): 60; "$500,000 Mill," Time 50 (September 15 1947): 49-50; "Six Are Arrested in Abortion Raid," NYT, July 17, 1941, p. 20; "3 Held in Abortion Case," NYT, February 4, 1944, p. 17. The available evidence suggests that Chicago and New York may have led the way in establishing raids as the method for enforcing the abortion laws, but this could be an artifact of the sources.

17. Morton Sontheimer, "Abortion in America Today," Woman's Home Companion 82 (October 1955): 96.

18. "Local Doctor Admits Illegal Operations 'To Help Out Needy,'" Covington Kentucky Post, February 25, 1952, Abortionists Files, HHFC.

19. Ohio: "One Doctor's Choice," Time 67 (March 12, 1956): 46-47; Detroit: "Abortion Raid Nets 2 Medics," Detroit Free Press, August 29, 1956; Baltimore: Lawrence Lader, Abortion (Boston: Beacon Press, 1966), 42-48; Los Angeles: "Nab 4 in Beach Mansion as Illegal Operation Ring," Los Angeles, California, Herald and Express, February 4, 1956; Portland: "Grand Jury Indicts 19," Portland Oregon Journal, July 6, 1951, p. 1. Portland and Los Angeles clips are in Abortionists Files, HHFC. No doubt further investigation into the newspapers and records of every state would uncover similar practices elsewhere.

20. As cited in David J. Garrow, Liberty and Sexuality: The Right to Privacy and the Making of Roe v. Wade (New York: Macmillan 1994), 279.

21. "Bronx Doctor Indicted on Abortion Rap," New York Home News, October 20, 1951; "Woman, 3 Men Seized in Abortion Blackmail," New York Evening Post, September 28, 1951, both clips in Abortionists Files, HHFC; Jerome E. Bates and Edward S. Zawadzki, Criminal Abortion: A Study in Medical Sociology (Springfield, Ill.: Charles C. Thomas, 1964), 68-70. Ex-patients sometimes tried to blackmail their abortionists, see Rolla J. Crick, "The Abortion Racket," Portland, Oregon Journal, July 9, 1951, Abortionists Files, HHFC; Lader, Abortion, 48.

22. There were twenty-three cases reviewed dealing with abortions performed between 1940 and 1960.

23. This description of the investigation led by Papanek is based on the testimony of Martin's patients as well as letters from people responding to Papanek's letter in the Transcript of People v. Martin.

24. See the humble responses in letters to Papanek, presented as Defendants' exhibits in Transcript of People v. Martin.

25. In this particular trial there was no jury.

26. Georgina W., Madeline D., and Evelyn K. in Transcript of People v. Martin.

27. Defendant's exhibit 15-a in Transcript of People v. Martin.

28. Evelyn K., Helen B., and Stella P. described the state's attorney's office in these words in Transcript of People v. Martin.

29. John Harlan Amen, "Some Obstacles to Effective Legal Control of Criminal Abortions," in The Abortion Problem, 137; "Abortion Trial Witness Balks; Gets 6 Months," Chicago Daily Tribune, November 22, 1949, p. 6; "Convict z in Abortion Trial," Chicago Daily News, December 1, 1949. Both newspaper clips are in Abortionists Files, HHFC.

The federal government prosecuted abortionists for income tax invasion, which may have been easier than prosecuting for abortion per se. At these trials too the government forced women to speak of their abortions. "Ten Women Tell Abortion Fees at U.S. Tax Trial," New York Daily News, October 16, 1952, cited in Bates and Zawadzki, Criminal Abortion, 63-64.

30. Compare Evelyn K. and Martha K.; other women also were asked to name their physicians and did so in court. For examples of physicians' names, see the patient records of Helen N., Beatrice S., and Charlotte J. in the Transcript of People v. Martin.

31. Transcript of People v. Martin.

32. It was particularly important during war, the Court continued, that care be taken against violating people's rights. Furthermore, "These promises are to be construed liberally in favor of the people." People v. Martin, 196, 202.

33. The court's opinion in People v. Martin referred to both state and U.S. supreme court decisions, pp. 196-203. People v. Martin was not the first such case in Illinois, but it was part of a movement coming from the states to apply the U.S. Constitution to criminal procedure in the states. Friedman suggests that the U.S. Supreme Court opinions in the 1950s and 1960s that applied the Bill of Rights to the states and required the states to conform to the same rules of fairness in the criminal process arose from changes developing in the states, but elaborates only slightly on this point. Lawrence M. Friedman, Crime and Punishment in American History (New York: Basic Books, 1993), 303.

Applying the fourth amendment of the U.S. Constitution to the states through the fourteenth amendment, which guaranteed due process, is called "incorporation." Applying the fourth amendment to the states meant that state prosecutors, like federal officials, could not use evidence obtained illegally against the defendant at trial. This is called the "exclusionary rule" and is meant to protect all citizens (not criminals as conservatives claim) from abuses by police and other state authorities. The case that applied the exclusionary rule to the states is Mapp v. Ohio, 367 U.S. 643 (1961). John E. Nowak, "Criminal

Procedure. Constitutional Aspects,'' and James B. White, "Search and Seizure," in Encyclopedia of Crime and Justice, vol. 2, edited by Sanford H. Kadish (New York: Free Press, 1983), 527-536, 1415-1421; Friedman, Crime and Punishment in American History, chap. 14.

34. People v. Martin. I have been unable to determine whether the state prosecuted the pair again or dropped the case.

35. Wright, "Tells Bribe behind Killing," 1; George Wright, "Fires Assistant Prosecutor," Chicago Daily Tribune, May 3, 1941, p. 1.

36. "Doctor Bares Abortion Ring, Then Kills Self," Chicago Daily Tribune, April 18, 1941, p. 1; "Millstone's Widow Kills Self in Abortion Probe," Chicago Daily Tribune, May 1, 1941, p. 1; "Offices of Loop Doctor Raided in Abortion Quiz," Chicago Sunday Tribune, May 11, 1941, p. 21.

37. Photos in "Doubts Are Cast on Motive Given in Girl Slaying," Chicago Daily Tribune, April 30, 1941, p. 9; "Millstone's Widow Kills Self in Abortion Probe," 12.

38. For good examples of critical analysis of this type of journalism, see Judith R. Walkowitz, City of Dreadful Delight: Narratives of Sexual Danger in Late-Victorian London (Chicago: University of Chicago Press, 1992); Lisa Duggan, "The Trials of Alice Mitchell: Sensationalism, Sexology, and the Lesbian Subject in Turn-of-the-Century America," Signs 18 (summer 1993): 791-814.

39. As Lawrence Friedman has suggested, the notion of a syndicate proved fruitful for the FBI; organized crime gave the FBI reason to expand and conduct far-reaching domestic investigations. Friedman, Crime and Punishment in American History, 266-267, 272-273, quotation on 273.

40. Rolla J. Crick, "Portland 'Abortion Capital' of Northwest." Assessing the accuracy of this image is difficult. The press and state authorities regularly described illegal abortion practices as "rings," which could mean merely that several people were involved: an abortionist, often a physician, a nurse, a receptionist, an attorney—people one would expect to find connected to most medical practices—as well as physicians and others who referred patients to the practitioner. To the extent that "the mafia" did take up abortion after the end of Prohibition (which I have often been told but cannot document), this was of course due to the illegality of abortion.

41. For police kicking down doors, see "Seize Physician and Two Nurses in Abortion Raid," Chicago Tribune, May 10, 1942, Abortionists Files, HHFC. For quotations and patient record, see Wright, "Tells Bribe behind Killing," 1.

42. "Nab Ex-Doctor and 2 in Loop Abortion Raid," Chicago Tribune, September 4, 1947, Abortionists Files, HHFC; "Report 3 True Bills in Abortions," Chicago Daily News, August 21, 1951, p. 8, Abortionists Files, HHFC.

43. Compare "Abortion Trial Witness Balks" and "Identifies Doctor in Abortion," Chicago Daily News, November 28, 1949, p. 2.

44. Clara L. in the Transcript of People v. Stanko, 402 Ill. 558 (1949), Case Files, vault no. 55590, Supreme Court of Illinois, Record Series 901. Other women rounded up by Chicago police gave similar testimony about that day. Stanko was tried twice and the case appealed twice, People v. Stanko, 402 Ill. 558 (1949); People v. Stanko, 407 I11. 624 (1951).

45. James P. Hackett in Transcript of People v. Stanko (1949).

46. Opening statement by James A. Brown in Transcript of People v. Stanko (1949).

47. For a Pennsylvania case, see Patricia G. Miller, The Worn of Times (New York: HarperCollins, 1993), 215-216. In a Detroit raid, police picked up sixteen women. "Three of the women," the paper reported, "were taken to Receiving Hospital for treatment." Most likely they were examined there and the state planned to use those examinations for evidence. ''Abortion Raid Nets 2 Medics," Detroit Free Press, August 29, 1956.

48. People v. Stanko (1949), p. 560.

49. Dr. Towne, an obstetrician-gynecologist, was a graduate of Loyola University Medical School in Chicago and an assistant clinical professor there. Dr. Janet Towne in Transcript of People v. Stanko (1949); American Medical Directory, 18th ed. (Chicago: American Medical Association, 1950), 735. Given her connections, she may have been Catholic and motivated to help the local prosecutor in light of both her religious and her medical beliefs.

50 . People v. Stanko (1949), p. 559.

51. Clara L. in Transcript of People v. Stanko (1949).

52. People v. Stanko (1949) and People v. Stanko (1951).

53. Affidavits of Helen Stanko, January 14, 1948; questions to Clara L., and closing argument by Edward C. Dufficy in Transcript of People v. Stanko (1949).

54. People v. Stanko (1949), pp. 558-562; People v. Stanko (1951), p. 626.

55. For arrests in Pennsylvania and New Jersey respectively, see Miller, The Worst of Times, 215; news clipping, no rifle, Union City, New Jersey Dispatch, July 13, 1951, Abortionists Files, HHFC. For threats, see Sontheimer, "Abortion in America Today," 101.

56. Gordon Nash in Transcript of People v. Martin.

57. "State Tax Delay Granted Soldiers," NYT, May 9, 1942, p. 6; "Credit Lady Cops in Abortion Drive," New York Worm Telegraph, June 1955, Abortionists Files, HHFC.

58."Charges Doctors Aid Abortions," Chicago Daily News, March 9, 1954. See also "Cops Crack Down on Illegal Surgery," San Francisco Call Bulletin, May 1, 1957. Both clips are in Abortionists Files, HHFC.

59. Gerson, "'Is Family Devotion Now Subversive?'"

60. "Abortionist Convicted," Time, 43 (March 6, 1944): 60. Ellen Schrecker finds that communist women were stigmatized as bad mothers and consistently associated with sexual deviance. Ellen Schrecker, "The Bride of Stalin: Gender and Anticommunism during the McCarthy Era" (paper delivered to the Berkshire Conference on Women's History, Vassar College, June 11, 1993), 9-13, 15-17.

61. Maxine Davis, "Have Your Baby," Good Housekeeping 118 (June 1944): 45; "Soviet Legalizes Abortions Again," NYT, December 1, 1955, p. 9.

62. Students at Rutgers University quickly learned that publishing their views on abortion was unacceptable when the Knights of Columbus, Catholic War Veterans, and Catholic Holy Name Societies protested to the state legislature. The students resigned under pressure. "More Quit at Rutgers," December 8, 1950, p. 34; "Rutgers Inquiry Sought," NYT , December 13, 1950;

"Rutgers Names Inquiry Board," NYT , December 16, 1950, p. 20; "Driscoll Starts Rutgers Inquiry," NYT , December 20, 1950.

63. Ellen Schrecker, The Age of McCarthyism, 1-94; Caute, The Great Fear, 403-486 on the professions; Jezer, The Dark Ages, 78-106.

64. J. Stanley Lemons, The Woman Citizen: Social Feminism in the 1920s (Urbana: University of Illinois Press, 1973), 171-175; Paul Starr, The Social Transformation of American Medicine (New York: Basic Books, 1982), 279-288.

65. "Grand Jury to Scan Brooklyn Abortions," NYT , December 11, 1953, p. 26; Sontheimer, "Abortion in America Today," 101. Anti-Semitism was a component of McCarthyism, especially in New York; Caute, The Great Fear, 21 , 115, 224-225, 434-438.

66. Comments of Dr. Albert E. Catherwood in discussion of H. Close Hesseltine, F. L. Adair, and M. W. Boynton, "Limitation of Human Reproduction. Therapeutic Abortion," AJOG 39 (April 1940): 561. Sterilization will be discussed further in chapter 7, this volume.

67. Remarks in Hesseltine, Adair, and Boynton, "Limitation of Human Reproduction," 561.

68. Harry A. Pearse and Harold A. Ott, "Hospital Control of Sterilization and Therapeutic Abortion," AJOG 60 (August 1950): 290.

69. "The Right Thing," Newsweek 12 (August 1, 1938): 29; "Great Britain. Test Case," Time 32 (August 1, 1938): 17; "Tests Motherhood Law," NYT , June 29, 1938, p. 8; "Briton Held in Test on Birth Prevention,'' NYT , July 2, 1938, p. 5; "Aide of King Backs Illegal Operation," NYT , July 19, 1938, p. 11; "Foreign Letter. London. The Induction of Abortion in a Case of Rape," JAMA 111 (August 20, 1938): 731; Barbara Brookes, Abortion in England, 1900-1967 (London: Croom Helm, 1988), 40, 133.

70. Hesseltine, Adair, and Boynton, "Limitation of Human Reproduction," 561.

71. Pearse and Ott, "Hospital Control of Sterilization and Therapeutic Abortion," 297, Rudolph W. Holmes comment in discussion on 299.

71. Pearse and Ott, "Hospital Control of Sterilization and Therapeutic Abortion," 297, Rudolph W. Holmes comment in discussion on 299.

72. Ibid., 290.

71. Pearse and Ott, "Hospital Control of Sterilization and Therapeutic Abortion," 297, Rudolph W. Holmes comment in discussion on 299.

73. Ibid., 291, 293, 294, 296.

74. A study of therapeutic abortion committee members in twenty-six hospitals in San Francisco and Los Angeles learned that the majority agreed that "the committee functions to police the activities of a physician whose procedures might otherwise bring himself and his colleagues into disrepute. . . . And several responses indicated agreement with the view that the committee serves as a curb on the perfectly scrupulous but somewhat 'liberal' obstetrician." Herbert L. Packer and Ralph J. Gampell, "Therapeutic Abortion: A Problem in Law and Medicine," Stanford Law Review 11 (May 1959): 429.

75. Charles M. McLane in Mary Steichen Calderone, ed., Abortion in the United States: A Conference Sponsored by the Planned Parenthood Federation of America, Inc. at Arden House and the New York Academy of Medicine (New York: Harper and Brothers, 1958), 101-102.

76. On Monmouth Memorial Hospital: comments of Dr. Robert A. MacKenzie in discussion of Walter T. Dannreuther, "Therapeutic Abortion in a General Hospital," AJOG 52 (July 1946): 63-64. On California Hospital: Keith

P. Russell, "Therapeutic Abortion in a General Hospital," AJOG 62 (August 1951): 435, 437, 438. I have calculated an approximate number of abortions for the five years prior to the formation of the committee from figures provided by Russell. On University of Virginia Hospital: David C. Wilson, "Psychiatric Implications in Abortions," Virginia Medical Monthly 79 (August 1952): 448. On Sloan Hospital: Robert E. Hall, "Therapeutic Abortion, Sterilization, and Contraception," AJOG 91 (February 15, 1965): 518, 520-521, table 2. On Mt. Sinai Hospital: ''Abortion Rates Said Unaffected by Regulations," Scope Weekly 5 (August 31, 1960), no page no., in "Abortion, 1960-1964," Vertical File, American Hospital Association (hereafter cited as AHA), Chicago, Illinois.

77. MacKenzie in Dannreuther, "Therapeutic Abortion in a General Hospital," 64; Alan F. Guttmacher, "Therapeutic Abortion: The Doctor's Dilemma," Journal of the Mount Sinai Hospital, New York 21 (May-June 1954): 118.

78. MacKenzie in Dannreuther, "Therapeutic Abortion in a General Hospital," 64.

79. The physician reporting on the hospital's policy, believed that "the patients have felt that they have had a fair hearing," but some women must have been annoyed by the repeated prying into their emotional health. Wilson, "Psychiatric Implications in Abortions," 449.

80. S. A. Cosgrove and Patricia A. Carter, "A Consideration of Therapeutic Abortion," AJOG 48 (September 1944): 299-304, 305, table 1, quotations on 304, 305. Emphasis in original.

81. Cosgrove and Carter, "A Consideration of Therapeutic Abortion," quotations on 308, 305; "Correspondence. Reply by Dr. Cosgrove," AJOG 48 (December 1944): 894.

82. Dr. Nicholson J. Eastman of Johns Hopkins defended the frequency of therapeutic abortion in his hospital, but he first pointed out that the incidence of therapeutic abortion was almost half of what had been reported—an argument that essentially granted the evil of therapeutic abortion. Nicholson J. Eastman, "Correspondence; Therapeutic Abortion," AJOG 48 (December 1944): 892-893; and "Reply by Dr. Cosgrove," AJOG 48 (December 1944): 893-895. The therapeutic abortion to delivery ratio became a standard way of presenting data and comparing hospitals. See Dannreuther, "Therapeutic Abortion in a General Hospital," 54-65; J. G. Moore and J. H. Randall, "Trends in Therapeutic Abortions. A Review of 137 Cases," AJOG 63 (January 1952): 28-29, 31; Roy J. Heffernan and William A. Lynch, "What is the Status of Therapeutic Abortion in Modern Obstetrics?" AJOG 66 (August 1953): 337-338; Christopher Tietze in Calderone, Abortion in the United States, 85 .

83. Comments of Drs. Guttmacher, Rosen, and Lidz, in Calderone, Abortion in the United States, 92, 95-96.

84. A Yale medical professor had been attacked as a communist, and Catholic hospitals revoked the admitting privileges of physicians who had spoken in favor of birth control in the Connecticut state legislature. Public support for reproductive control was politically dangerous. Garrow, Liberty and Sexual ity, 149-150, 113-116, chaps. 1-2.

85. Remarks of Dr. George H. Ryder, Dr. Edward A. Schumann, and Dr. Charles A. Poindexter in Dannreuther, "Therapeutic Abortion in a General

Hospital," 62-64. See also Dr. Raymond Squier, who called for a liberalization of the law, in The Abortion Problem, 170-171; and Dr. Sophia J. Kleegman in Calderone, Abortion in the United States, 113-116.

86. Bessie E. Nelson in Transcript of Adams, Nelson, and Timanus v. State 200 Md. 133 (1951), pp. 474-476, Maryland Court of Appeals (transcripts), October 1951 [MSA S434; MdHR 12,281-24; 1/67/13/34], Maryland State Archives, Annapolis, Maryland. Lawrence Lader also discusses the raid and prosecution of Timanus in Abortion, 48-51; Ed Keemer, Confessions of a Pro-Life Abortionist (Detroit: Vinco Press, 1980), 163-164.

87. The situation would be different in cases where defendants had no lawyers.

88. Not every lawyer is successful at this, but the best work to keep out extraneous and unanticipated information.

89. A transcript of Keemer's trial and other materials are not available because the records are sealed. Keemer, Confessions, 233. My analysis of the Timanus case is based on both the published court opinion, Adams, Nelson, and Timanus v. State, 200 Md. 133 (1951), and the trial Transcript.

90. Transcript of Adams, Nelson, and Timanus v. State, quotation on p. 217.

90. Transcript of Adams, Nelson, and Timanus v. State, quotation on p. 217.

91. Ibid., 222.

90. Transcript of Adams, Nelson, and Timanus v. State, quotation on p. 217.

92. Ibid., 219-221, 255.

90. Transcript of Adams, Nelson, and Timanus v. State, quotation on p. 217.

93. Ibid., 219, 222.

90. Transcript of Adams, Nelson, and Timanus v. State, quotation on p. 217.

94. Ibid., 277, 290.

90. Transcript of Adams, Nelson, and Timanus v. State, quotation on p. 217.

95. Ibid., 576; see also 570, 577.

90. Transcript of Adams, Nelson, and Timanus v. State, quotation on p. 217.

96. Ibid., 565.

90. Transcript of Adams, Nelson, and Timanus v. State, quotation on p. 217.

97. Ibid., 579.

98. Nurses referred patients to the Gabler-Martin clinic, but there is no information about them. See Grace E. patient record in Transcript of People v. Martin; George Wright, "Tells Bribe behind Killing," 1. For examples of nurses arrested with abortionists, see "Abortion Charges Are Continued Until March 3," Chicago South End Reporter, February 17, 1954, Abortionists Files, HHFC; ''Credit Lady Cops in Abortion Drive," New York World Telegraph, June 1955, Abortionists Files, HHFC. Nurses may appear less often because the state dropped cases against them since many were not actually doing abortions or because nurses did not have the resources to appeal. On the history of nursing, see Barbara Melosh, "The Physician's Hand": Work Culture and Conflict in American Nursing (Philadelphia: Temple University Press, 1982); Susan M. Reverby, Ordered to Care: The Dilemma of American Nursing, 1850-1945 (Cambridge: Cambridge University Press, 1987); Darlene Clark Hine, Black Women in White: Racial Conflict and Cooperation in the Nursing Profession, 1890-1950 (Bloomington: Indiana University Press, 1989).

99. Transcript of Adams, Nelson, and Timanus v. State, pp. 334-335.

100. Testimony of Nancy Lee B., Jerome Goodman, Bessie E. Nelson respectively in ibid., pp. 231-232, 324-332, 463-472; Calderone, Abortion in the United States, 63; G. L. Timanus to Alan, March 15, 1962, Alan F. Guttmacher Papers, used with permission of the Countway Library, Harvard University, Boston, Massachusetts. I am grateful to David Garrow for alerting me to the Guttmacher collection.

101. Transcript of Adams, Nelson, and Timanus v. State, pp. 376-377.

102. On nineteenth-century doctors in court, see James C. Mohr, Doctors and the Law: Medical Jurisprudence in Nineteenth-Century America (New York: Oxford University Press, 1993), 94-108.

103. Christopher Tietze, "Therapeutic Abortions in New York City, 1943-1947," AJOG 60 (July 1950): 149, 152; Wilson, "Psychiatric Implications in Abortion," 448. This indication is discussed further in chapter 7, this volume.

104. Timanus in Calderone, Abortion in the United States, 62-63; Lader, Abortion, 49-51.

105. "Women Tell of Abortions," The Baltimore Sun, April 10, 1951. Timanus was not the only one abandoned by his colleagues. When police arrested an Ohio physician-abortionist who had been relied upon by area doctors for years, the medical society kicked him out. "One Doctor's Choice," Time 67 (March 12, 1956): 46-47.

106. Adams, Nelson, and Timanus v. State, p. 141; Lader, Abortion, 51; Transcript of Adams, Nelson, and Timanus v. State, p. 2.

107. Most of the description of the investigation and trial comes from Keemer's autobiography. Keemer, Confessions, 169-174, quotations on 164, 171.

107. Most of the description of the investigation and trial comes from Keemer's autobiography. Keemer, Confessions, 169-174, quotations on 164, 171.

108. Ibid., 171-172, 178; Isaac Jones, "Physicians Get 2-5 Jail Term," Detroit Michigan Chronicle, February 8, 1958, p. 1.

109. "Physicians Issue Final Statement," Detroit Michigan Chronicle, February 8, 1958, p. 1. Keemer quotation italicized in original; Keemer, Confessions, 176-177.

110. Bill Matney, "Views of the News," Detroit Michigan Chronicle, January 18, 1958, p. 1; Garrow, Liberty and Sexuality, 361.

111. Gordon, Woman's Body, Woman's Right, 217-232. On the birth control movement's work leading up to the U.S. Supreme Court decision in Griswold v. Connecticut (1965), which legalized birth control, see Garrow, Liberty, and Sexuality, 1-269. On the civil rights movement and the NAACP, see Genna Rae McNeil, "Charles Hamilton Houston: Social Engineer for Civil Rights," in Black Leaders of the Twentieth Century, edited by John Hope Franklin and August Meier (Urbana: University of Illinois Press, 1982), 221-232; Richard Kluger, Simple Justice: The History of Brown v. Board of Education and Black America's Struggle for Equality (New York: Knopf, 1976); Mark V. Tushnet, Making Civil Rights Law: Thurgood Marshall and the Supreme Court, 1936-1961 (New York: Oxford University Press 1994); Vicki L. Crawford et al., Women in the Civil Rights Movement: Trailblazers and Torchbearers, 1941-1965 (Bloomington: Indiana University Press, 1990).

112. On the Timanus case, see "Women Tell of Abortions"; "Dr. Timanus Convicted in Abortion Case," Baltimore Sun, April 12, 1951, pp. 38, 26; "Doctor Gets 6 Months for Illegal Operation," Baltimore Sun, November 8, 1951. On the Keemer case, see "Conspiracy Charges Aired in Recorder's,'' Detroit Michigan Chronicle, January 18, 1958, p. l; "Two Medics Guilty in Conspiracy Case," Detroit Michigan Chronicle, January 25, 1958, p. 1; "Physicians Get 2-5 Jail Terms," 1, 4.

113. Brookes, Abortion in England, 40, 133, 69-70, 79-104, Bourne quotation on 69.

114. Keemer himself returned to practicing abortion, became active in the National Association for the Repeal of Abortion Laws (NARAL), and invited arrest. "4 Arraigned for Illegal Abortions," Detroit Free Press, October 28, 1972, P. 3, sec. A.

115. Paul Starr, The Social Transformation of American Medicine (New York: Basic Books, 1992), 402-403, 421; Rosemary Stevens, In Sickness and in Wealth: American Hospitals in the Twentieth Century (New York: Basic Books, 1989), 341-344. On the power of the medical profession and the struggles between hospitals and physicians earlier in the twentieth century, see Stevens, In Sickness and in Wealth, 231, 241-246; Starr, The Social Transformation of American Medicine, 161. In scattered instances, a few nineteenth-century hospitals required consultation or staff approval before performing potentially fatal surgery in hospitals. Charles E. Rosenberg, The Care of Strangers: The Rise of America's Hospital System (Philadelphia: Basic Books, 1987), 145, 257.

116. Sister M. Patricia, Asa S. Bacon, Fred G. Carter, "The Hospital Administrator: An Analysis of His Duties, Responsibilities, Relationships and Obligations," by the 1934-1935 Study Committee of the American College of Hospital Administrators, p. 13, AHA. See also American Hospital Association, Manual on Obstetrical Practice in Hospitals (Chicago: American Hospital Association, 1936), 6, 5, AHA; Malcolm T. MacEachern, Manual on Obstetric Practice in Hospitals, American Hospital Association Official Bulletin No. 209 (Chicago: American Hospital Association, 1940), 35, AHA; Joint Commission on Accreditation of Hospitals, Standards for Hospital Accreditation (December 1954), AHA. There was no evidence of concern about coercive sterilization practices; the issue of concern was patient control. Some expected that these standards would be applied in biased ways. See Mary Steichen Calderone, M.D. to Howard C. Taylor Jr., M.D., June 4, 1957, folder 15, box 2, Mary Steichen Calderone Papers, Schlesinger Library.

117. Calderone, Abortion in the United States, 63.