USA > Pennsylvania > Jefferson County > Jefferson County, Pennsylvania : her pioneers and people, 1800-1915, Volume I > Part 50
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ished, and exclaimed, "I'll be dod danged to Harry and dangnation, if you men will leave my house at this late hour and this kind of a night for Reynoldsville." But his objections were futile. We ghouls were detailed as fol- lows : Blood and Bell as watchers, Heichhold and Hugh Dowling to open the icehouse door, and John Dowling and myself to hand the cadaver out of the house to the men in the wagon. Explicit directions were given to avoid meeting there and forming a crowd.
Dr. Jolin Dowling and I were there at our appointed time, but the door was unopened, and so we left as instructed. Dr. Heichhold in some way lost the key at or near the icehouse, and had to go find a hatchet to open the door. This he did. and the wagon came along, and, finding no one there, stopped a moment and left without the subject. On the North Fork bridge they pushed their box into the creek. I always felt that Dowling and I were somewhat to blame, but we were young and had received orders not to loiter around, and if the door was not opened to leave.
About eight or nine o'clock on Sunday morning I went up to Dowling's and told John we had better go up and view the land. When we arrived on the tragic scene we found the door open and broken. We peeped in, and while doing so we observed a boy, William C. Smith, on Pickering street, watching us. We walked briskly away up Coal alley, but our actions and the broken door excited Will's curiosity, and, hurrying over to the icehouse, he looked in, only to be horrified, and with arms extended toward heaven. pale as death, he ran home, exclaiming excitedly to those he met that a man had been skinned alive in Blood's icehouse. He had seen the man, and also saw Dr. John Dowling and Tom Espy looking at the man in the icehouse. William C. Smith has told his version of the discov- ery to me many times, and always put Tom Espy in my place. He never knew otherwise until he read my story in the Jeffersonian.
In the evening of Sunday, the Sth, loud mutterings against the doctors were heard, and we all hid. I hid in the loft above our old kitchen. At midnight, in the starlight, I left for McCurdy's, in the Beechwoods. Monday morning Blood had business in Pittsburgh. David Barclay, a very able man and lawyer, was then our member of Congress, and he took charge of the prosecution. He and Blood had a political feud, Barclay thought now was his time to annihilate Blood.
Hearing of Barclay's activity my brother,
the late Col. A. A. McKnight, then a young lawyer, made information against me before Squire Smith, under the act of 1849, to pro- teet graveyards. I returned on Tuesday night, was arrested and taken before Smith, pleaded guilty, and was fined twenty-five dollars and costs, which I paid in full to the county com- missioners, and I was the only one who had to pay a penalty. Under the above act the penalty was fine or imprisonment, or both. My conviction before Smith was to give me the benefit in court of that clause in the Constitu- tion which says, "No person for the same of-
A. A. MC KNIGHIT, ESQ.
fense shall be twice put in jeopardy of life or limb." Barclay was a Republican, Blood was a Democrat. I was a Republican, with- out money or friends, therefore Barclay com- menced his prosecution against Blood and me, leaving the others all out for witnesses. The criminal records of Justice . Smith and Brady for some reason have been destroyed, there- fore I cannot give them. Barclay kept up his prosecution until 1859, as the following legal records of the court show.
(Copy) No. 14 February 1859. Q. S.
Commonwealth vs. Kennedy L. Blood and William J. McKnight.
Indictment for removing a dead body from burial ground. Prosecutor, Tracy Sweeney.
Witnesses, Charles Anderson, F. C. Coryell, L. A. Dodd, John McGiven. A. P. Heichold, Richard Ar- thurs, John Carroll, William Smith, Thomas Espy, Myron Pearsall, Hugh Dowling, Aug. Beyle, Wil-
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liam Reynolds, Henry Fullerton, Matthew Dowling, William Russell, Cynthia Southerland, Zibion Wil- ber, James Dowling, A. M. Clarke, George Andrews, A. B. McLain, William Lansendoffer, I. D. N. Ral- ston, Charles McLain, James McCracken, Charles Matson. In the Court of Quarter Sessions for the County of Jefferson, February Session, 1859.
The grand inquest of the Commonwealth of Penn- sylvania, inquiring for the body of the county, upon their oaths and affirmations respectfully do present, that Kennedy L. Blood and William J. Mcknight, late of the county of Jefferson, on the fifth day of November, in the year of our Lord one thousand eight hundred and fifty-seven, with force and arms, at the county of Jefferson, the burial ground of and in the borough of Brookville there situate, unlaw- fully did enter and the grave there in which the body of one Henry Southerland, deceased, had lately before then been interred ; and these two, with force and arms, unlawfully, wantonly, wilfully and inde- cently, did dig open and afterwards, to wit, on the same day and year aforesaid, with force and arms, at the county aforesaid, the body of him, the said Henry Southerland, out of the grave aforesaid, unlawfully and indecently, did take and carry away, against the peace and dignity of the Commonwealth of Pennsylvania.
And the grand inquest aforesaid, upon their oaths and affirmation, do further present, that Kennedy L. Blood and William J. Mcknight, late of the county of Jefferson, on the fifth day of November, in the year of our Lord one thousand eight hundred and fifty-seven, with force and arms, at the county of Jefferson, the burial ground of and in the borough of Brookville there situate, unlawfully and clandes- tinely, did enter, and the grave there in which the body of one Henry Southerland, deceased, had lately before then been interred; and these two, with force and arms clandestinely, did dig open, and after- wards, to wit, on the same day and year aforesaid, with force and arms, at the county aforesaid, the body of him, the said Henry Sontherland. out of the grave aforesaid, clandestinely and indecently, did take, remove and carry away, against the peace and dignity of the Commonwealth of Pennsylvania, and contrary to the form of the statute in such case made and provided.
A. L. GORDON, District Attorney.
The Grand Jury for February Sessions, 1859. In the panel and voting, viz .: John Clyde, D. Carrier, John Coutch, David Edmunds, John Martz, William Johnston, Washington Britton, George B. Sweeney, Henry McAninch, George HI. S. Brown, Samuel Kahle, John Ramsey, Martin H. Packer, John Kirker, John Cook, Daniel North, John Green, Thomas North, James Cathers, Ray Giles.
Absent and not voting: N. B. Lane, Thomas W. Anderson, Samuel Davison, Sr., Henry Sparr.
Commonwealth vs. K. L. Blood and William J. McKnight.
In the Court of Quarter Sessions of Jefferson County. No. 14, February Session, 1859, Q. S. D. No. 2, page 87.
Indictment for removing a dead body. Not a true bill. County to pay costs.
WILLIAM M. JOHNSTON, Foreman.
Received of A. L. Gordon, my costs, Hugh Dowl- ing, Charles Anderson, John E. Carroll, A. P.
Heichhold, W. C. Smith, M. A. Dowling, A. B. Melain, 1I. R. Fullerton, M. M. Pearsall. Justice Brady, $4.52; attorney, $3.00.
This indictment was under the act of 1855, to protect burial grounds, the penalty of which was: "If any person shall open a tomb or grave in any cemetery, graveyard or any grounds set apart for burial purposes, either private or public, held by individuals for their own use, or in trust for others, or for any church or institution, whether incorporated or not, without the consent of the owners or trus- tees of such grounds, and clandestinely or un- lawfully remove, or attempt to remove, any human body, or part thereof, therefrom, such person, upon conviction thereof, shall be sen- tenced to undergo an imprisonment in the county jail or penitentiary for a term of not less than one year, nor more than three years, and pay a fine not less than one hundred dol- lars, at the discretion of the proper court."
The witnesses before the grand jury were of two kinds, those who knew and chose who didn't know. Those who knew refused to testify, on the ground of incriminating them- selves, and Judge McCalmont and his asso- ciates, James H. Bell and Joseph Henderson, sustained them.
The attorneys for the Commonwealth were A. L. Gordon, district attorney, and Hon. David Barclay. Our attorneys were Amor A. McKnight, Benjamin F. Lucas and William P. Jenks.
K. L. Blood and Dr. Heichhold, tintil they died, were opposite political party leaders, and whenever either one addressed a political as- sembly some wag or opponent in ambush would always interrogate the speaker with. "Who skinned the nigger?"
Before concluding this article it might be well to say that the icehouse was never used for any purpose after November 8, 1857.
On the 5th of December, 1882, Prof. W. S. Forbes, M. D., demonstrator of anatomy in Jefferson Medical College, was arrested for complicity in grave robbing in Lebanon cem- etery, of Philadelphia, Pa. This cemetery was being robbed of bodies in a wholesale manner, and it was thought these bodies were being dissected in Jefferson College. Dr. Forbes was indicted and arraigned for this crime on Monday, March 12, 1883, and on Saturday, March 17, 1883, the jury brought in a verdict of acquittal. It was made plain in the trial that dozens and dozens of bodies had been robbed from the cemetery, but no proof was offered that Dr. Forbes had any
RESIDENCE OF A. M. CLARKE. M. D., FROM 1858 TO 1863 Now the residence of Mrs. Ada M. Means, showing the front steps under which the body of Southerland lay from Monday night until Wednesday night.
YORK
LIENARY
1 .. 1X
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knowledge whatever where these bodies came from.
INCEPTION AND ENACTMENT OF PENNSYLVA- NIA'S STATE ANATOMICAL LAW
About the 10th of December, 1882, I was a State senator and was invited to dine with Prof. W. H. Pancoast of Philadelphia. The city, State and nation were excited and agi- tated over the grave robbing in Lebanon cem- etery. The charge was that Jefferson Med- ical College was having it done to furnish material for dissection.
While at dinner the question was raised as to what effect "this scandal would have upon the college." Dr. Pancoast excitedly ex- claimed, "The college is ruined !" Some of the preachers agreed with him. I calmly men- tioned Jefferson College was just advertised. and during this talk I broached the idea that now would be an opportune time to secure legal dissection for Pennsylvania. The wis- dom of my suggestion was doubted and con- troverted. I defended my position in this wise: The people of the city and State are excited, alarmed and angered, and I would frame the "act to prevent the traffic in human bodies and to prevent the desecration of grave- yards." This would appeal to the good sense of the people, as an effort, at least, in the right direction. Dr. Pancoast soon coincided with me, and from that moment took an active interest in the matter; and asked me, then and there, if I would go with him in the morn- ing in his carriage to interview Dr. Roberts Barthalow, dean of Jefferson Medical Col- lege. I assured him I would. In the morn- ing our suggestion to Barthalow was met with violent opposition, and he contemptuously said any such action now would be ill advised. Dr. Pancoast then suggested that we visit E. B. Gardette, M. D., president of the board of trustees. So we visited him and found him more egotistical and violently opposed to any action than Dr. Barthalow. He was so incon- siderate that I took part of his remarks as personal, and I turned to Dr. Pancoast and said, "Dr. Pancoast, let Dr. Barthalow and President Gardette go to perdition. If you get the Philadelphia Anatomical Association to draft a suitable law and send it to Senator Reyburn, of that city, I will support it from the country, and we will rush it through the Senate." Dr. Pancoast deserves great praise for his energy in overcoming the timidity and fears of the college deans and others in the city, and in finally inducing the "Association"
to frame the present new and State act and send it to Senator Reyburn. The framing of the act was brought about in this wise:
Extracts from the Minutes of the Association
Philadelphia, December 28, 1882.
The undersigned request the Distribution Commit- tee of the Anatomists' Association to call a meeting of the association at an early date to consider the propriety of attempting to modify the existing Anatomy Act, or to have a new act passed which will increase the legal supply of material.
JOHN B. ROBERTS, JNO. B. DEAVER, W. W. KEEN.
A special meeting of this association was called for January 4. 1883, at 1118 Arch street. There were present at this meeting Drs. Garretson, Hunter, DuBois, Perkins, Mears and Keen. A committee was appointed to draft a new Anatomy Act, consist- ing of the following: Drs. Mears, Hunter and Keen. On Tuesday, January 9, 1883, this committee read the draft of their act, which was read and finally adopted.
JOHN B. ROBERTS, Secretary.
MEETING OF WEDNESDAY, JANUARY 24, 1883
The meeting was called to order by the president, and the minutes of the previous meeting were read and approved.
Present : Drs. Leidy, Forbes, A. K. Thomas, Pan- coast, Brinton, Oliver, Stubbs, Janney, Hunter, Mears, Roberts and Keen.
The new Anatomy Act, which had been printed and distributed as ordered at last meeting, was dis- cussed, and a number of amendments suggested by the committee of revision were adopted. The last sentence of Section VI. (old Section V.) was dis- cussed, and, on motion, its adoption was postponed until the next meeting. It was resolved to meet again on Saturday, January 27, at same place and hour, because some of the colleges had not had time to consider the act in faculty meeting.
It was resolved that the colleges and schools be requested to subscribe to a fund to meet the neces- sary expenses of preparing and presenting the Act to the Legislature; the sums apportioned to each were, University, Jefferson and Hahnemann, each twenty-five dollars; Woman's, Pennsylvania Dental, Philadelphia Dental, Medico-Chirurgical, each ten dollars ; Academy of Fine Arts, Pennsylvania School of Anatomy, Philadelphia School of Anatomy, each five dollars.
Adjourned.
JOHN B. ROBERTS, Secretary.
MEETING OF SATURDAY, JANUARY 27, 1883
The meeting was called to order by the president. On motion of Professor Pancoast, William Janney was appointed secretary. The minutes of the meet- ing held January 24 were read and approved.
Present : Drs. Leidy, A. R. Thomas, Pancoast, Brinton, Oliver, Stubhs, Hunter, Mears, Keen, Agnew and Janney.
Dr. Brinton moved to postpone action on the Act until the faculty of Jefferson College had examined
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It. Motion debated by Drs. Brinton, Mears, Oliver, Stubbs and Agnew. Motion withdrawn.
Motion by Dr. Agnew, seconded by Dr. Mears, that this bill be referred back to the committee, with direction to employ counsel. Adopted.
Adjourned to meet at the call of the committee.
WILLIAM S. JANNEY, Secretary.
MEETING OF TUESDAY, FEBRUARY 6, 1883 Called to order by the president.
Present : Drs. Leidy, Mears, Hunter, Oliver, Brinton, A. R. Thomas, Stubbs and Roberts.
As the minutes of the previous meeting had not been sent by the temporary secretary, their reading was dispensed with. Dr. Alears reported that a new form of bill had been prepared by the committee under the legal advice of Mr. Gendel and Mr. Shep- pard. This was accepted in toto. Moved that twenty copies of a petition prepared by Dr. Keen, to accom- pany the Act, be printed and signed by the members of the various faculties and schools. Carried.
Adjourned to meet Friday at five p. m. at same place.
JOHN B. ROBERTS, Secretary.
At a meeting of the association, February 9, 1883, it was resolved that a committee be appointed to present the bill (as then perfected) to the Legisla- ture, to consist of one representative from each school, viz .: Agnew, Brinton, Thomas, Parish, Oliver, Mears, Garretson, Keen, Janney and Roberts. By resolution of that committee, Dr. Leidy was made chairman ex officio.
Furman Sheppard, Esq., put the act in legal form and charged a fee of fifty dollars.
This State law in Pennsylvania legalizing dissection was passed finally on June 4, 1883. Its passage met serious and able opposition in both Houses. 1 firmly believe that had I not been connected with and prosecuted in the pioneer resurrection case in Brookville, 1 would not have been impelled to propose such a law or to champion it in the Senate. As introduced by Senator Reyburn, the title was, "Senate bill 117, entitled An Act for the pro- motion of medical science, by the distribution and use of unclaimed human bodies for scientific purposes, through a board created for that purpose, and to prevent unauthorized uses and traffic in human bodies." This State law was incepted and originated in the late residence of Prof. W. H. Pancoast, Eleventh and Walnut streets. This State law has been improved and adopted in about every State in the U'nion. The good the Act has accom- plished in distributing unclaimed dead bodies cannot be stated by any unit of measurement. It embraces the very root of everything that is accurate and useful and learned in med- ivine.
The petition of Dr. Keen was addressed to senators and members. as follows :
"To the Senate and House of Representatives of the Commonwealth of Pennsylvania:
"The petition of the undersigned respect- fully shows that they present herewith the draft of '.An Act for the Promotion of Med- ical Science by the Distribution and Use of Un- claimed Human Bodies for Scientific Purposes, through a board created for that purpose, and to prevent Unauthorized Uses and Traffic in Human Bodies,' which they pray your honor- able bodies to enact into a law for the follow- ing reasons :
"It will increase the necessary facilities for medical education within this State, and will materially aid in preventing desecration of burial grounds. Your petitioners do not deem it necessary to argue the point that the re- peated dissection of the human body is neces- sary before any student of medicine should be allowed to take charge of the health and lives of the community. No woman in childbirth. no person the victim of accident, no sufferer from disease, is safe in the hands of men ignorant of the structure of the human body.
"The only proper method to supply this knowledge is to furnish by law the bodies of those who have no friends or relatives whose feelings could be wounded by their dissection. This was done by the Anatomy Act of 1867. But this Act is defective in that its applica- tion is limited to the counties of Philadelphia and Allegheny, and an adequate supply of un- claimed dead human bodies is not furnished. and it does not provide specifically the ma- chinery for an equitable distribution of the dead bodies so given for dissection.
"In the Session of 1881-82 there were in the Dissecting and Operative Surgery Classes of the Philadelphia Medical and Dental Col- leges 1,493 students. Each student pursues his studies in anatomy during two years. If he be allowed to dissect one-half of one body a year-including also the practice of opera- tions upon the same- this would require 746 dead bodies. The professors would need for their lectures abom fifty more, making in all 706 subjects. But during that same session the number actually available for use from all sources was only 405. This is only one-half of the smallest number reasonable, to say nothing of the desirableness of a larger num- ber to afford all the facilities a great Com- monwealth should give its citizens, who can obtain their needful knowledge in no other way that is lawful.
"That it is 'needful' one will readily see when it is remembered that the want of such knowledge renders doctors liable to snits for
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malpractice, which suits are upon the calendar of well-nigh every court of the State. The scanty supply is due to the fact that the un- claimed dead of one county are the only ones that are given for dissection, although the students come from all parts of this State in large numbers, as well as from other parts of this and other countries. ( The present law. it is true, applies to .Allegheny county. but this is practically of no use to the Philadel- phia Colleges.)
"During the ten years 1873-1883, at the Jefferson Medical College and the University of Pennsylvania alone, out of a total number of over ten thousand students, there were 2,686 from Pennsylvania: of this number, 1,172 were from Philadelphia and 1.514 from other parts of the State. In view of these important facts it would seem but just that the unclaimed and uncared-for dead who must be a burden upon the taxpayers of the sev- eral counties of the State for burial should be given to the medical schools to supply this urgent need for dissecting material by students from every county in the State.
"And your petitioners will ever pray." etc.
This petition was signed by the following physicians :
UNIVERSITY OF PENNSYLVANIA. - William Pepper. M. D., Joseph Leidy, M. D., James Tyson, M. D .. Theodore G. Wormley. M. D .. D. Hayes Agnew, M. D., William Goodell. M. D., John Ashhurst. Jr .. M. D .. H. C. Wood. M. D .. R. A. F. Penrose, M. D., Alfred Stille. M. D .. Harrison Allen. M. D .. Charles T. Hunter. M. D.
JEFFERSON MEDICAL COLLEGE .- S. D. Gross. M. D., Ellerslie Wallace, M. D .. J. M. Da- Costa. M. D., Wm. H. Pancoast, M. D., Rob- ert E. Rogers. M. D., Roberts Barthalow, M. D., Henry C. Chapman, M. D., J. H. Brin- ton, M. D., S. W. Gross, M. D.
PENNSYLVANIA ACADEMY OF FINE ARTS .- W. W. Keen, M. D.
MEDICO-CHIRURGICAL COLLEGE OF PHIL- ADELPHIA .- George P. Oliver, M. D., George E. Stubbs. M. D., Charles L. Mitchell, M. D .. Abraham S. Gerhard, M. D., Wm. S. Stewart. M. D., Frank O. Nagle, M. D .. William F. Waugh. M. D.
HAHNEMANN MEDICAL COLLEGE .- A. R. Thomas. M. D .. Lemuel Stephens, M. D., O. B. Gause. M. D .. E. A. Farrington. M. D., B. F. Betts. M. D., Pemberton Dudley, M. D .. W. C. Goodnow, M. D., Charles M. Thomas. M. D .. John E. James, M. D., Charles Mohr. M. D., R. B. Weaver, M. D., J. N. Mitchell, M. D., W. H. Keim, M. D.
PHILADELPHIA SCHOOL OF ANATOMY .- John B. Roberts, M. D.
WOMAN'S MEDICAL COLLEGE OF PENNSYL- VANIA .- James B. Walker, M. D., Rachel L. Bodley, M. D .. Benjamin B. Wilson, M. D., William H. Parrish, M. D., Anne E. Broomall, M. D .. Clara Marshall, M. D., Emilie B. Du- Bois. M. D.
PENNSYLVANIA COLLEGE OF DENTAL SUR- GERY .- T. L. Buckingham, D. D. S., J. Ewing Mears, M. D., C. N. Pierce, D. D. S., Henry C. Chapman, M. D., W. F. Litch, D. D. S.
PHILADELPHIA POLYCLINIC AND COLLEGE FOR GRADUATES IN MEDICINE .- R. J. Levis, M. D., Thomas G. Morton, M. D., J. Solis Cohen, M. D., George C. Harlan, M. D., Henry Leffman. M. D., Edward O. Shakespeare, M. D .. James Cornelius Wilson, M. D., John B. Roberts, M. D., Charles H. Burnett, M. D., Arthur Van Harlingen, M. D., Charles K. Mills, M. D., Edward L. Duer, M. D., J. Henry C. Simes, M. D.
PHILADELPHIA COUNTY MEDICAL SOCIETY. -This petition was presented to the Philadel- phia County Medical Society and unanimously ordered to be signed by the officers.
Resolutions indorsing the new law and peti- tion were passed by the County Medical So- cieties throughout the State.
The act as passed and approved reads as follows :
AN ACT FOR THE PROMOTION OF MEDICAL SCIENCE BY THE DISTRIBUTION AND USE OF UNCLAIMED HUMAN BODIES FOR SCIENTIFIC PURPOSES THROUGH A BOARD CREATED FOR THAT PURPOSE AND TO PREVENT UNAUTHORIZED USES AND TRAFFIC IN HUMAN BODIES.
SECTION I. Be it enacted, etc., That the pro- fessors of anatomy, the professors of surgery, the demonstrators of anatomy and the demonstrators of surgery of the medical and dental schools and col- leges of this Commonwealth, which are now or may hereafter become incorporated, together with one representative from each of the unincorporated schools of anatomy or practical surgery, within this Commonwealth, in which there are from time to time, or at the time of the appointment of such representatives, not less than five scholars, shall be and hereby are constituted a board for the dis- tribution and delivery of dead human bodies, herein- after described, to and among such persons as, under the provisions of this act, are entitled thereto. The professor of anatomy in the University of Pennsyl- vania, at Philadelphia, shall call a meeting of said board for organization at a time and place to be fixed by him within thirty days after the passage of this act. The said board shall have full power to establish rules and regulations for its government. and to appoint and remove proper officers, and shall keep full and complete minutes of its transactions ; and records shall also be kept under its direction of all bodies received and distributed by said board, and of the persons to whom the same may be distributed,
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