- ency of the law of England, in having no statute to
punish its actual perpetration by the only certain means of effecting it, while it punishes by death, without benefit of clergy, the attempting it by means which are very seldom effectual. Thus Pizzy was tried for attempting to cause Ann Cheney to abort, by giving her medicines, which had no effect; and his having actually perpetrated the crime by mechanical violence, was only brought forward as proving the intention with which the medicines were given."[b] The act therefore requires amendment, framed however with such care, that the necessary practice of procuring premature labour by qualified practitioners may be defended, while the immoral and criminal use of instrumental abortion may be adequately punished.
- [Footnote: said she must go up stairs with him, which she did; they were alone;
he laid her on the floor, on a great coat, upon her back; she put the coat over her head, so that she could not see; she then felt him put some instrument up into her body, which was very cold, like iron; but she did not see it; that, in consequence, she lost some blood, not very much nor very little—suppose about half a pint; did not feel much pain. Pizzy told her it was for the purpose of making her miscarry. Her mistress was at home, and knew for what purpose they went up stairs, but was not present. Pizzy came again the day before she was brought to bed. Examinant told him she had not miscarried; he then said he must try something further; her mistress was present, and heard this. Pizzy and examinant went up stairs again, but her mistress was not present. Pizzy laid her down, as he did before, on her back, and passed his hand three times up into her body half way of his arm, which was naked, which gave her a great deal of pain; and this examinant felt herself very wet, and never felt the child move afterwards. Examinant thinks she had not gone her time by six or seven weeks. She felt the child move after she was so first treated by Pizzy, and till within a day or two before the second time. She thinks she did not go her full time, from the treatment she received from Pizzy."]
