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Dr. Michael Austin – One Abortion & Three Engagements, 1914-1917

A news brief in the Pine Grove newspaper led to an interesting story about a well-known doctor of Reading, Berks County, Pennsylvania, Dr. Michael Austin, who was convicted of performing an abortion on a woman who claimed to have a promise to marry her. The woman, a graduate nurse, sued the doctor for “breach of promise” when he announced that he was engaged to another women. Then, the second woman died after mistakenly taking bichloride tablets which she allegedly thought were pain killers. The newspapers played up that the shaken Dr. Austin had kept a vigil at her bedside for five days, not having any sleep and losing the fight to save her. A third woman appeared in 1917, when it was announced that she and the doctor had been issued a marriage license in Philadelphia.

The story is told beginning with the Pine Grove news brief and a news brief from the Reading newspaper:

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From the Pine Grove Press Herald, April 14, 1916:

Dr. Michael Austin, who was found guilty at Reading of procuring an illegal operation on Miss Elizabeth B. Bertolette, a former State nurse, was fined $250, but sentence was suspended.

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From the Reading Times, April 4, 1916:

DR. AUSTIN FINED $250 AND COSTS

Dr. Michael Austin was sentenced by Judge Wagner Monday morning to a fine of $250 and costs, following his conviction of a charge of having obtained an operation performed on Miss Elizabeth M. Bertolette, a trained nurse, formerly of Reading and now of Binghamton, New York.

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From the Reading Times, June 5, 1914:

NURSE CHARGES BREACH

SAYS DR. AUSTIN PROMISED AGAIN ANG AGAIN TO MARRY HER

Charging breach of promise of marriage, Elizabeth M. Bertalette, a nurse, of Washington, D. C., for the present residing in Reading, has started a suit against Dr. Michael Austin, of 238 North Tenth Street, in which she asks $10,000 damages.  The suit was instituted through her attorney, William B. Bechtel.

Miss Bertalette states that on several days during February, 1914, and on numerous occasions since that time, Dr. Austin promised to marry her, but that no date was set for the marriage.  She says that Dr. Austin promised that such a time should be fixed as soon as he considered himself financially able and that she has patiently waited the day of marriage to wed the defendant.  However, Miss Bertalette states, that although a reasonable time has elapsed in which Dr. Austin could have arraigned a marriage date, he has neglected to do so and now refuses to marry her.

As evidence of this latter allegation, Miss Bertalette says that recently Dr. Austin announced his engagement to another woman.  Miss Bertalette is a graduate nursed  from Washington and for some time past she has been stationed in reading doing State work, treating persons who need attention and are financially unable to procure medical aid.

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From the Danville Morning News, June 15, 1914; also in Allentown Morning Call, June 16, 1914:

NURSE’S $10,000 HEART-PAIN

SUES DOCTOR, WHO ANNOUNCES HIS ENGAGEMENT TO ANOTHER

Reading, Pennsylvania, June 11 [1914] — Miss Elizabeth M. Bertalette, a graduate nurse of Washington, D. C., now residing in this city, brought suit in court here yesterday against Dr. Michael Austin, a leading Reading physician, for recovery of $10,000 damages for alleged breach of a promise to marry.

Miss Bertalette, who has been doing work in this city for the State Department, alleges that frequently last February Dr. Austin promised to marry her, but that instead of doing so he announced his engagement the other day to another young woman.

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From the Reading Times, March 16, 1915; similar article from the Lebanon Daily News, March 17, 1915.

Dr. Michael Austin was convicted by a Berks County jury on a charge of attempting to perform a criminal operation upon Miss Elizabeth M. Bertolette, of Reading, a trained nurse.

Verdict, guilty.

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From the Reading Times, April 6, 1915:

The case against Dr. Michael Austin, convicted of illegal practice, was also continued. Argument is upon a rule for a new trial.

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From the Reading Times, November 22, 1915:

REFUSED NEW TRIAL

COURT WILL NOT ADMIT AFTER-DISCOVERED EVIDENCE

Dr. Michael Austin, convicted in criminal court some time ago of being implicated in an alleged illegal operation on Miss Elizabeth Bertolet, a pretty trained nurse who claimed that she was engaged to him, was refused a new trial by Judge Wagner, in an opinion rendered in court on Saturday.

The new trial had been asked on the ground of after-discovered witnesses, Dr. H. D. Stryker, Emma J. Heister, Lulla R. Shirk and Mrs. Anna Barlow, superintendent of the Visiting Nurses’ association.

Judge Wagner states that the alleged after-discovered evidence does not warrant the granting of a new trial.

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From the Philadelphia Inquirer, November 23, 1915:

PHYSICIAN REFUSED NEW TRIAL

READING, Pennsylvania, November 22 [1915] — Dr. Michael Austin, a leading Reading physician, formerly of Philadelphia, was refused a new trial in an opinion by Judge Wagner in court here today, the re-trial being asked following Dr. Austin’s conviction on the charge of performing an illegal operation. The new trial had been sought on the ground of after-discovered evidence.  The physician will now be called for sentence.

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From the Reading Times, December 28, 1915:

COURT OPINIONS

PHYSICIAN’S APPLICATION FOR NEW TRIAL IS REFUSED

In the case of Dr. Michael Austin, a Reading physician, found guilty in a recent criminal court of the charge of attempting to procure a criminal operation on Miss Elizabeth Bertolet, a young Reading nurse, Judge Wagner filed an order dismissing the application for a re-argument of the reasons for new trial that had been filed on behalf of the defendant.

He will now likely be called for sentence, after which the case may be appealed to the higher courts.

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From the Reading Times, September 6, 1915:

FOUGHT IN VAIN TO SAVE FIANCEE

MISS FOREMANS’ DEATH INEVITABLE AFTER MISTAKING BICHLORIDE TABLETS FOR HEADACHE

Dr. Michael Austin, of Reading, fought for five days and nights in the Homeopathic Hospital with practically no sleep, to save the life of his fiancee, Miss Marion Foreman, of New York.  Death finally claimed Miss Foreman at 3:18 p. m. Saturday. 

Miss Foreman was suffering from Bichloride poisoning.  She had taken bichloride tablets thinking they were headache tablets.  Coroner Hain issued a certificate of accidental death.

Miss Foreman was in Reading as the guest of her sister, Mrs. Max Luria, of 1742 Mineral Spring Road, for two weeks.  Last Monday Miss Foreman became ill and her condition was such that her removal to the hospital was advised.

On her admission to the hospital Doctor Austin took charge of Miss Foreman’s case.  Doctor Austin was assisted at various times by Dr. A. S. McDowell.

The funeral will take place this afternoon in Green Tree Cemetery.

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From the Pottsville Republican & Herald, September 7, 1915:

POISON KILLS FIANCEE

GIRL TAKES IT BY MISTAKE AND PHYSICIAN LOSES FIGHT TO SAVE HER

Reading, Pennsylvania, September 7 [1915] — Despite the efforts of her fiancee, Dr. Michael Austin, a leading Reading physician, to save her, Miss Marion Foreman, of New York City, died at Homeopathic Hospital here, the result of swallowing poison tablets in mistake for headache remedy.

Miss Foreman came to Reading some time ago to arrange for her wedding and was stopping with her sister, Mrs. Max Luria, wife of a prominent business man.  Last week, it is said, she suffered a severe headache, and took the poison tablets in mistake.  She was hurried to the hospital, where her fiancee, assisted by several other physicians, was at her bedside almost constantly day and night until she died.

A similar article from the Wilkes-Barre Times-Leader Evening News, September 7 1915, with the following headline:

LOVER’S MEDICAL SKILL UNABLE TO SAVE FIANCE FROM FATAL POISON DOSE

A similar article from the Danville Morning News, September 8, 1915, and the Pittston Gazette, September 7, 1915, with following headline:

PHYSICIAN LOSES FIGHT TO SAVE FIANCEE’S LIFE

A similar article from the Philadelphia Inquirer, September 7, 1915, with the following headline:

GIRL DIES DESPITE BATTLE OF FIANCE

TAKES POISON IN MISTAKE FOR HEADACHE MEDICINE

WAS PREPARING FOR WEDDING

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From the York Dispatch, September 7, 1915:

LOVE’S VIGIL LOST TO DEATH

PHYSICIAN FAILS IN FIVE-DAY FIGHT TO SAVE POISONED FIANCEE

Reading, September 7 [1915] — Dr. Michael Austin fought for five days and nights with practically no sleep to save the life of his fiance, Miss Marion Foreman, of New York, and lost.  The young woman died in intense agony from bichloride poisoning.

She was a guest at the home of her sister, Mrs. Max Luria, on Mineral Spring Road, and Monday last week complained of severe headaches.  A physician was summoned and prescribed some pills.  Some time later Miss Foreman went to the medicine chest and took several tablets, which she thought were her headache medicine, but proved to be bichloride.

She was removed to the hospital and Dr. Austin scarcely left the bedside during the long struggle against the inevitable.

A similar article from the Lancaster Examiner, September 8, 1915, with the following headline:

LOVE’S VIGIL LOST TO DEATH

PHYSICIAN FAILS IN FIVE-DAY FIGHT TO SAVE POISONED FIANCEE

A similar article from the New Castle News, September 10, 1915:

FOUGHT FIVE NIGHTS TO SAVE SWEETHEART

A similar article from the Lancaster Semi-Weekly Era, September 8, 1915, in the following category:

NEWS ODDITIES

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From the Carbondale Daily News, September 7, 1915:

POISONED ON WEDDING EVE

Reading, Pennsylvania, September 7 [1915] — A certificate of accidental death filed by the coroner revealed the tragic end of Miss Marion Forman, handsome and only  twenty-four years old, daughter of Abraham Forman, 940 Simpson Street, the Bronx.  She was about to be married to Dr. Michael Austin, a Reading physician.  Miss Forman was the guest of her sister, Mrs. Max Luria, wife of a wealthy manufacturer.  She took several bichloride of mercury tablets from a medicine case, thinking they were a headache remedy.

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From the Reading Times, August 24, 1917:

DOCTOR OPERATED ON FOR APPENDICITIS

Dr. Michael Austin is recovering from an operation for appendicitis performed at the German Hospital, Philadelphia, last Saturday, by Dr. Deaver, dean of surgeons at the University of Pennsylvania.  Dr. Austin was attacked while taking a post graduate course at the Philadelphia Polyclinic Hospital.  He expects to resume his Reading practice about September 1 [1917].

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From the Reading Times, September 19, 1917:

AUSTIN – COHEN

A marriage license was issued in Philadelphia yesterday to Michael Austin, Reading, and Miss Minna R. Cohen, of 5734 Pine Street, Philadelphia.

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Articles from Newspapers.com.

Corrections and additional information should be added as comments to this post.

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