10/23/2009:
Erick Lien of Union, North Dakota arrived in Minot today in 1908, but his visit was not under happy circumstances. Lien was coming to inspect the cause of his daughter Gina's death on October 5. Officials had already been investigating the case, and suspected her doctor, Dr. Moeller of malpractice. They suspected Gina died from a wound they thought Dr. Moeller had inflicted during operation, and Dr. Moeller was charged with manslaughter in the first degree.
The trial began just a week after Lien's arrival, and three stories arose over the four month long case. The first person to take the stand was L.W. Dale of Loraine. Gina had told Dale she would be in Minot to talk to him about her "condition," and Dale set her up in the Leland Hotel. It appears Gina was or had been pregnant with Dale's child, and this was the reason for her visit. During her visit, they spoke of this condition, and had decided to get married. Then, Dale testified that Gina had complained of being ill, and finally sent Dale to find a doctor. He found Dr. Moeller, and Moeller went to Gina's room. Dale said he checked on Gina a few times, and each time she stated she felt better. Dr. Moeller said she would be fine, so Dale checked out of his room and returned to Loraine.
Dr. Moeller's story, however, was much different. He claimed Dale had come to him, seeking help in getting rid of Gina's "burden," and that he would not marry her. Dale told him Gina did not care if she lived or not. When Moeller visited Gina, he found that she was ill, probably with pleurisy, appendicitis, or typhoid fever, and her illness made it necessary to operate. He did not know about her pregnancy until after visiting her, insisting he was not hired to perform an abortion. The state accused Moeller of performing an illegal and unnecessary operation, which resulted in her death, but Moeller asserted this was not the case. He said that the true cause of death was not detected because a complete post mortem examination had not been conducted. None of the vital organs or the stomach had been examined, he said. He did everything possible for Gina, he said, and cared for her like a sister.
The attorney for the state retorted against Moeller's claims. "Did Dr. Moeller care for Miss Lien as he would have cared for his sister?" he asked, "Miss Lien died like a dog. Left alone about midnight, when the doctor says that he performed the operation; ...lying in bed alone during the long hours of the night to die unattended....Who was in charge of Miss Lien during the time that she was being treated by Dr. Moeller? Only one doctor and Dale an accomplice in the crime....Your honor, the statement of the doctor is evidently a falsehood."
Dale's and Moeller's were the only testimonies that the case was built on until the trial came to an end in February. At this time, another side of the story emerged. A.O. Paulsrud took the stand. Paulsrud was a friend Dale had stayed with in the Leland Hotel during Gina's visit, and according to Paulsrud, Dale had confided in him about his situation. He told Paulsrud of Gina's condition, and that he wanted her to take care of it since he was already married and could not marry Gina. He asked Paulsrud if he knew a doctor, and Paulsrud directed him to Moeller. Dale told Paulsrud Moeller was willing to relieve his and Gina's "burden" for $100 and the operation was to take place at six o'clock when most people would be at dinner and therefore, couldn't hear any noise that might be made. He then said he and Dale left Monday morning, the day of Gina's death.
The jury met for one week, and on March 4, Dr. Moeller was found guilty for the murder of Gina Lien. He was sentenced to ten years in the state penitentiary, and proceedings had begun to convict Dale as a co-conspirator in the case. Moeller's case was just one of several in North Dakota that dealt with malpractice and abortion, showing abortion truly has been a controversial subject for nearly one hundred years.
Dakota Datebook written by Tessa Sandstrom
Sources:
"Dr. Moeller found guilty of murder. Jury recommends 10 years sentence," Minot Weekly Optic. Mar. 5: 3.
"Thinks Dale will be convicted also," Minot Weekly Optic. Mar. 5, 1909: 1.
"Sensation is sprung in Moeller trial," Minot Weekly Optic. Feb. 26, 1909: 7.
"Defense for Moeller say statements by experts for state unwarranted," Minot Weekly Optic. Feb. 26, 1909: 6.
"Attorneys for the prosecution and defense make final addresses to jury in the Thor Moeller Trial," Minot Weekly Optic. Feb. 26, 1909: 1.
" ‘Gina's murderer shall be brought to justice' says the aged father," Minot Weekly Optic. Feb 19, 1909: 1.
"Doctor must stand trial for murder," Minot Weekly Optic. Jan 22, 1909: 1.
"All ready for Moeller case," Minot Weekly Optic. Nov. 27, 1908: 1.
"Moeller held to district court on charge of manslaughter, 2nd degree," Minot Weekly Optic. Dec. 25, 1908: 2.
"Was Miss Lien under the influence of chloroform," Minot Weekly Optic. Nov. 20, 1908: 1.
"Young man tells story of his relations with the unfortunate Miss Gina Lien," Minot Weekly Optic. Oct. 30, 1908: 1.
"Girl's father will prosecute the case," Minot Weekly Optic. Oct. 23, 1908: 1.