Death at the Doctor's House: The Stackpole Affair (Part 5)

Harry Stackpole

Haven’t read the first four parts? Start with Part 1 here.

All of the previous description of the ongoing trial is found in some detail on several pages of the paper, but to keep it all in proper sequence, you have to ignore the very large-print headline on the top of the front page: “NOT GUILTY”. Obviously, this came about because of the reporting/printing deadlines at Foster’s and the fact that the jury had returned with a verdict around 3:15, just time enough to meet that deadline and to slip the final outcome into a rather brief summary. “The Court then thanked the jury for their services and excused them from further service.” County Solicitor Hall then moved to formally dismiss the indictment that had been previously withdrawn from the jury’s consideration. That motion was granted. “The Court then ordered the discharge of Elmer E. Ryan.” In a sense, all rather anti-climactic.

Judge Wallace inquired of Attorney Kivel as to what action might be expected regarding the charges against Dr. Stackpole. He advised that there was an agreement with the State to have the case continued, and he intended to file for a Dismissal, but since the Attorney General was no longer present, he would delay in filing that request. It was reported that Ryan and several friends who had attended the trial congratulated Attorney Bent “on the success he had achieved”, and he, in turn, thanked the jurors personally. Ryan and the others were expected to return to Lowell that evening, and Ryan planned a trip to his former home in Binghamton, N.Y.

There does not appear to be any follow-up coverage of the result. Today’s journalism would more than likely have interviews with the prosecution and defense counsel, and perhaps with members of the jury. As a result, the basis for the jury’s decision remains unknown. On the surface, it would seem clear that Elmer Ryan made the arrangements with Dr. Stackpole that had Katherine Ryan come to Dover and take up “lodging” in Stackpole’s home, the purpose being to terminate a pregnancy. It also seems beyond question that Stackpole did “something” to bring about that result. Perhaps the answer was the testimony by both Dr. Tolman and Dr. Sullivan as to the possibility that the death was from natural causes, even though they felt strongly that some kind of “instrument”, although never identified, had been used. “Reasonable doubt” can sometimes be a high standard to overcome.

There was no immediate reportage regarding the still pending action against Stackpole. But on February 21, a relatively small entry on the front page of Foster’s noted that the indictment against Dr. Stackpole had been marked “nolle processed”, in other words, dismissed, per order of Edwin G. Eastman, the Attorney General. It was noted that Stackpole had been out on bail since the preliminary hearing in September, and following Ryan’s acquittal, “it was thought doubtful about the case against Dr. Stackpole ever being tried.” “It is said that Dr. Stackpole…will leave the city as he recently disposed of his household goods.” It is not clear when that may have happened. His name continues to appear in the Dover Directory for several more years, but at one point, there is also a reference to Clinton, Massachusetts, and as of 1909, at least, there is a Delores E. Heyer residing at 24 Second St., along with Harry H. Stackpole. Records are no longer immediately available to determine if the NH Medical Society ever reviewed the matter, and there is one reference to his continuing to practice medicine in Dover until 1910.

And one final interesting wrinkle in the story: A request of the Clerk’s office at the Strafford County Superior Court to review the actual court files of the Ryan and Stackpole proceedings revealed that there are no files. There are file numbers, but no physical files. Misplaced? Disappeared? Interesting.

Visit the Crimes Along the Cochecho for all stories released so far.

Anthony McManus is a Dover, New Hampshire historian whose column “Crimes Along the Cochecho” explores the darker chapters of local history. A Dover native and Boston College Law School graduate, McManus served as City Attorney for Dover (1967-1973) and held various public offices before practicing law until 2001. His extensive historical work includes the “Historically Speaking” column in Foster’s Daily Democrat and his 2023 book “Dover: Stories of Our Past,” released for the city’s 400th anniversary. Through research, writing, and public presentations, McManus continues to illuminate both significant events and lesser-known stories that enrich understanding of Dover’s colorful past.