Abortion Trial of Emily Stowe - Trial

Trial

Afterwards, the Crown indicted Stowe for having "administered and caused to be taken poisons with intent to procure a miscarriage" which had been outlawed since 1869. Stowe could have gone to prison for life for this. The intent was to discourage abortion in a widely publicized trial. Stowe pleaded not guilty in an Ontario County Court. The coroner was called to testify, and he confessed he had lost all medical evidence. Another doctor was accused of being antagonistic to Stowe because she was a woman doctor, and of calling Stowe a "bitch."

Finally, the defence under Dalton McCarthy argued that whatever drugs may have been prescribed, Stowe did not administer them nor cause them to be administered. While supplying such drugs was also a crime (with a lesser penalty), Stowe had not been charged with it. Moreover, it was possible that a person would disregard such a prescription. The judge agreed and wound up deciding the jury need not even decide the case, as there was no case against Stowe to make. The judge also questioned whether women should be doctors. However, the anti-woman sentiment among Stowe's opponents might have been so extreme and offensive that it helped Stowe's case.

In 1880, she was granted her medical license by the College of Physicians and Surgeons of Ontario, making her the second licensed female physician in Canada after Jennie Kidd Trout.

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