Backhouse: the celebrated abortion trial of dr Emily stowe

Article Overview

  • Title: The Celebrated Abortion Trial of Dr. Emily Stowe, Toronto, 1879

  • Author: Constance B. Backhouse

  • Significance: Emily Howard Stowe, first white woman to practice medicine in Canada, was tried for allegedly procuring an abortion in 1879.

  • Context: Stowe's status as a feminist activist attracted significant medical and legal scrutiny, making her case a noteworthy event in Canada’s history of women's rights and medical practice.

Emily Howard Stowe's Background

  • First white woman practicing medicine in Canada, faced barriers due to gender.

  • Attempted to gain access to medical education in Canada but was barred due to her gender; studied in the U.S. instead.

  • Opened a medical practice in Toronto without a medical license, attracting a significant female patient base.

  • Influential in women's rights, founded societies aimed at enfranchising Canadian women.

Education and Professional Challenges

  • Stowe started medical studies at an American homeopathic college in New York City, graduating in 1867.

  • Sought medical licensing in Ontario but faced repeated rejections due to gender.

  • Despite the challenges, her practice continued to grow, forcing her to expand premises.

  • In 1870, Stowe and fellow student Jenny Kidd Trout were the first women admitted to the Toronto School of Medicine amidst considerable harassment.

The Murder Trial Context

  • Incident: The case was triggered by the death of Sarah Ann Lovell, a young, unmarried domestic servant whose body was later found to contain a male fetus.

  • Stowe had prescribed medication for Lovell, who was suspected to be pregnant but had not yet experienced quickening.

  • Coroner’s inquest revealed Lovell had visited Stowe shortly before her death, raising questions about the nature and intent of the prescription given.

Coroner's Inquest Findings

  • Coroner and medical examiners could not determine the cause of death, initially suspect foul play.

  • Testimony pointed to Lovell visiting Stowe for assistance regarding her menstruation, which she believed was interrupted.

  • At the inquest, Stowe cited her professional experience and educational background but declined to disclose whether she was a licensed practitioner.

Legal Implications and Trial

  • Charges were escalated to a criminal indictment after the inquest, focusing solely on abortion rather than death.

  • Stowe pled not guilty and maintained her position throughout the trial.

  • The trial drew public attention, particularly from women's groups supporting Stowe.

  • Medical witnesses criticized the prosecution's arguments, highlighting the uncertainty in linking Stowe's prescription to Lovell's death.

Defense Arguments

  • Defense lawyers argued that merely prescribing medication did not equate to administering an abortion.

  • Stowe's defense focused on her lack of intent to induce an abortion and her efforts to help Lovell.

  • Medical experts testified that Stowe's prescribed dosage was not substantial enough to cause serious harm.

Verdict and Aftermath

  • The jury acquitted Stowe, attributing Lovell's death to factors unknown rather than directly linking the cause to her prescription.

  • The acquittal was notable, given the strict legal environment surrounding abortion at the time, often resulting in severe penalties for offenders.

  • Stowe's trial reflected broader societal tensions regarding women in medicine and reproductive rights during the 19th century.

Impact on Women's Rights Movement

  • By 1880, Stowe finally received her medical license, paving the way for future women doctors in Canada.

  • Stowe later became involved in key feminist movements, advocating women's education, rights, and healthcare.

  • Her case highlighted the need for greater dialogue around women's bodily autonomy and the medical profession's response to reproductive health issues.

Conclusion

  • Emily Stowe's trial reveals the intersectionality of gender, law, and medicine in 19th-century Canada.

  • It exemplifies the struggles women faced in asserting their professional identities while navigating societal expectations and prejudices.

  • Stowe’s story is significant not just for her individual struggle but also as part of the larger narrative of women's rights in Canada.