Some History

Via The Smithsonian:

When Madame Restell began her practice, New York State law regarding abortion reflected contemporary folk wisdom, which held that a fetus wasn’t technically alive until “quickening”—the moment when the mother felt it first move inside the womb, usually around the fourth month. An abortion before quickening was legal, but an abortion after quickening was considered to be second-degree manslaughter. Restell tried to determine how far along a patient was in her pregnancy before offering her services; if she intervened too late, she risked a $100 fine and one year in prison.

She had her first major brush with the law in 1840, when a 21-year-old woman named Maria Purdy lay on her deathbed, suffering from tuberculosis. She told her husband she wished to make a confession: While pregnant the previous year, she decided she didn’t want to give birth again; they had a ten-month-old child and she couldn’t handle another so soon. She had visited Restell’s office on Greenwich Street and joined several women waiting in the front parlor. When her turn came, Restell listened to her story and gave her a small vial of yellow medicine in exchange for a dollar.

Purdy took one dose that night and two the next day but then stopped, suddenly worried about the potential consequences. A doctor analyzed the medicine and concluded it contained oil of tansy and spirits of turpentine and advised her to never take it again. She returned to Restell, who told her that for $20 an operation could be performed without pain or inconvenience. Purdy had no cash, and instead offered a pawn ticket for a gold watch chain and a stack of rings, which Restell accepted. She led Purdy behind a curtain to a darkened room, where a strange man—not Restell’s husband—placed his hands on her abdomen and declared she was only three months along (if Purdy was past the first trimester, she didn’t correct him). She had the surgery, and was convinced that her present illness was a result. After hearing her deathbed confession her husband went to the police, who arrested Restell and charged her with “administering to Purdy certain noxious medicine… [and]… procuring her a miscarriage by the use of instruments, the same not being necessary to preserve her life.”

Much more at the link.