Transcript of Yankton State Hospital records. Saturday, January 30, 1909.
Completion of the clinical history of the case of Mrs. Ethel Sasse, made by Dr. L. C. Mead.

About six weeks ago, not very far from December 15, 1908, after a conversation with this patient, the writer called upon Dr. Bagley, the physician regularly attending her, to ascertain if, in her judgment, the patient, Mrs. Sasse was not sufficiently recovered to be entitled to her discharge. To this the reply was given that while she was apparently rational at that time, some symptoms of mental depression were being exhibited that caused her to suspect that an acute exacerbation of her condition was imminent and that her discharge at that time would be injudicious. Dr. Bagley had tendered her resignation as a member of the medical staff at that time and her connection with the institution terminated voluntarily January 15, 1909, without further reference of the case of Mrs. Sasse having been made be her. Dr. C. J. Trail, another member of the medical staff, succeeded her in the care and management of the women's wards of the institution.

The apprehended depression mentioned by Dr. Bagley proved to be of little or no extent and Mrs. Sasse's mental and physical condition has continued apparently good to the present date, justifying at this time the suggestion made about six weeks ago of her discharge, but on Saturday, January 23rd, the supervisor, Mrs. Graham, came to me with the statement that Mrs. Sasse had been irregular in her menses and that she thought she was able to detect slight alterations in her form, and that this suspicion was concurred in by the nurse in charge of her ward, who had called her attention to it, and the fear existed that all was not right with Mrs. Sasse. Upon this information being given, I at once directed her physician, Dr. C. J. Trail, to make a careful physical examination to determine, if possible, the cause of her irregularity. This he proceeded to do at once and his report was confirmatory of the suspicion of the supervisor. Upon receiving this report I directed him to take with him the other assistant physicians, Drs. Willhite and Adams, and that they jointly make a careful examination of the patient, reporting their findings to me without delay. The report of these physicians was confirmatory of the original report, and they further stated that upon having charged Mrs. Sasse with having been carnally intimate with some man, she admitted the same, laying the blame at the door of a former employe. The circumstances are such, however, that intimacy between this employ and Mrs. Sasse could have existed only between August 21st and October 1st. Efforts were at once made to locate this person and although thus far they are unsuccessful, clews (sic) that we have would indicate that he can be found in a short time. In the meantime, Mrs. Sasse had been visited by her husband. He was here November 6, 1908, at which time he took her out for a ride, went to Yankton, drove somewhat about the country but returned in good season. The possibility of her husband's having been the cause of her trouble was suggested but emphatically denied by the patient. The report of the physician making the examination as to the probably (sic) length of time that the pregnancy had existed, while it was not positive in its character, at the same time indicated that the date of impregnation corresponded more closely with the period of her acquaintance with the employ than with the date of visit from her husband. The patient also stated that she had fully informed her husband of the incident and that she had intercourse with the ex-employe on each of two consecutive days.

The husband of Mrs. Sasse is living on (sic) Omaha where he works at his trade as a brick mason. A letter was written him, advising his of the fact that his wife's mental condition was such as to cause us to question the propriety or possibility of longer detaining her and making him to come to Yankton in order that fuller information in regard to her might be had from him. For this purpose he was to be reimbursed for the expenses of his trip. At this juncture, Sunday, January 24th, I sought the advice of the Hon. L. B. French, an attorney of ability and prosecutor of much experience, stating all of the facts and asking his advise in regard to the prosecuting for the former employe for the crime of rape. After a full consideration of all of the facts connected with the incident and referring to the decisions of various courts in such instances, he gave it as his opinion that a conviction could not be had under an indictment for rape, but recommended rather that if an attempt were made to prosecute, that an indictment for adultry (sic) would be much more liable to be followed by a conviction. In the meantime, it was the advice of counsel that we wait the arrival of the husband, from whom information might be hoped and to whose wishes deference might properly be paid. Mr. Sasse responded to our invitation and arrived at the hospital about 9 o'clock a. m. January 29th and after careful inquiry was made of him in regard to his relations with his wife during the time of his visit, he denied that he himself had had carnal relations with her, and admitted that she had informed him fully of such relations with another man; he was advised that if he himself had not been guilty of such relations, some other man probably had. Mr. Sasse was also advised of the complete recovery of his wife and in order that he might fully understand all his rights and privileges in the instance he was given the opportunity of absolutely full and free consultation with the counsel I had obtained for the purpose, the Hon. L. B. French. He was fully advised by Mr. French in regard to the probable nature of the crime, if one had been committed, as well as the difficulties to be apprehended in the event of an indictment being drawn charging the former employ with rape or with adultry (sic). Mr. Sasse expressed absolutely no desire to have such prosecution undertaken, preferring rather to take his wife away, giving her such care as he best could, avoiding the publicity and probably disgrace that would attend such an effort. As a result of the conference with and following the advice of Mr. French, on Saturday morning, January 30, I discharged Mrs. Sasse, without qualification, explaining to her that she was in the full possession of all of her legal rights and privileges, was free to go and come as any citizen and that if any crime had been perpetrated upon her during her period of stay at the hospital, she and unfortunately she alone, knew of the crime and its perpetrator and that if she would make the necessary complaint before a magistrate, charging anyone with this crime that all of the efforts of the proper prosecuting officers of the state could be brought into requisition to secure his apprehension and conviction; that the resources of the institution would be drawn upon in the utmost to the same and, but that unless this information be given under oath to the proper authorities, nothing could be done either by way of redress or punishment; that in any event, she would receive the maximum sum permitted under the law for the aid of dismissed patients. With this information and the assurance that we would ourselves personally be most pleased to have her take these steps, she was given the aid allowed, and transportation provided for her to Yankton and to such railroad depot as she might wish to go.

In commenting upon this unfortunate case, I would wish to say further, that the circumstances attending it are such as to leave the hospital authorities in a peculiarly helpless situation, notwithstanding the apparent plainness of the case. We have reason to believe and it is our opinion that the patient is pregnant, but an examination at this time is not sufficient to reveal with any positiveness whether the impregnation occurred on or about November 4th or perhaps a month earlier and the suspicion cannot be lightly dismissed that it may have been the later date nor the assumption too boldly made that it occurred at the earlier date. This being the case, we are utterly at sea for the time being as to whether any crime has been committed at all or not. Certainly, without the corroboration of the patient we could prove none. The way out so far as we are concerned seems perfectly clear, namely, to restore her to all her civil rights and that being done, urge her to take advantage of the opportunity now fully opened to her to seek such redress as may be given by the law, if a crime has been committed upon her. 5