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Jury Clears, Yet Condemns Dr. Haiselden

From: Dr. Haiselden And The Bollinger Baby
Creator: n/a
Date: November 20, 1915
Publication: The Chicago Daily Tribune
Source: Available at selected libraries

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Opinion developed at this conference included:

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While Dr. Haiselden's motives were correct and should not be condemned, his judgment was not that of the members of the jury.

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The Bollinger baby had from an even to a three to one chance of surviving an operation for its one vital defect and should have been given that chance.

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The verdict is an adverse one and is so intended.

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"The brain was all right, as far as we could tell," one juror said. "There was no physical evidence that he child would have grown up mentally or morally oblique.

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"It is probable that in time the head could have been separated from the shoulder by well established methods of grafting. The defect in the kidneys was not vital; many people live to old age with such a defective kidney."

Many Similar Deaths
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The verdict came at the end of testimony of a startling character. Dr. Haiselden, stung by criticism from Dr. John Dill Robertson, interrupted the commissioner of health to say that from information in his hands he believed babies are allowed to die by physicians secretly at least "one a day" in Chicago. This statement was uncontradicted.

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Dr. Robertson, in reply to a question by Dr. Haiselden, admitted that such deaths as Baby Bollinger's had happened in the city "many times before."

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Dr. Haiselden took occasion in defending his position to rake Christian Science. When Coroner Hoffman asked him if he did not think it would be dangerous for physicians to determine whether babies should live or die, Dr. Haiselden answered:

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"As long as we in Chicago allow the Eddyites the right not to call in a physician, then it is right for a physician to decide upon the advisability or inadvisability of operating.

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"The Eddyites are allowed to control their patients until they die. No physician is allowed to see the patients. Yet burial permits are issued. As long as a religious sect is permitted to do these things by law, then I hold that I as a trained physician should be permitted to use my own judgment at all times."

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Dr. Haiselden also took a fling at the prevalence of abortion in Chicago.

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"Chicago allows abortion to occur daily," he said "and it is not crime so long as the woman does not die. I can point out men and women who perform abortion constantly. I can't 'get the goods' on them. But nothing, it seems, can be done to stop this terrible practice. I know ten or fifteen women who perform abortions every day."

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In this amazing statement Coroner Hoffman concurred.

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"Up to 1905," the coroner said, "there was not a single conviction in Chicago for abortion. Since that time, seven or eight physicians and midwives have been sent to the penitentiary. But even at present it is almost impossible to obtain evidence which will bring about convictions in such cases."

No Law on Operation
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"Is there any law to compel you to operate to save the life of a child you believe mentally subnormal?" the coroner asked Dr. Haiselden.

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"None," replied Dr. Haiselden. "If I had been solely in charge of this case I might possibly be amenable to prosecution for malpractice or criminal neglect. But, according to my conscience, I should have been guilty of a graver crime if I had saved this child's life. My crime would have been keeping in existence one of nature's cruelest blunders."

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"What do you mean by that?" asked Dr. Lewis.

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"Exactly that," retorted Dr. Haiselden. "I do not think this child would have grown up to be a mental defective. I know it."

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"If you had another such case would you let the baby die?" asked Dr. Steele.

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"If I am not jailed for this one I would do the same as I have done."

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"If you are jailed, what then?" cut in Dr. Rankin.

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"I might try to avoid punishment a second time. The burned child shuns the fire. I might let the state take the burden of its defective children if it wanted it."

A Touch of Drama
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A touch of drama was added to the coldly scientific tone of the inquest by Miss Catherine Walsh of 4345 West End avenue, who testified over the blunt protest of Dr. Haiselden, who called her a "wild eyed, interfering, hysterical woman," who had tried to kidnap the baby. Miss Walsh insisted on making a statement to the jury and the jurors voted with some show of eagerness to hear her.

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"I went to the hospital," said Miss Walsh, "to beg that the child be taken to its mother. It was condemned to death, and I knew its mother would be its most merciful judge. I found the baby alone in a bare room, absolutely nude, its cheek numb from lying in one position, not paralyzed.

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"I sent for Dr. Haiselden and pleaded with him not to take the infant's bloom on his head.

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"It was not a monster -- that child. It was a beautiful baby. I saw no deformities. I patted him. Both his eyes were open, he waved his little fists and cried lustily. I kissed his forehead. I knew if its mother got her eyes on it she would love it and never permit it to be left to die.

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