The Murder Trial of Baby Scott
The Murder Trial of Baby Scott
In 1917 a love affair between Dr. Francis A. Scott an self proclaimed Oestopath of San Francisco, and "Mrs." Pearl Bosworth of El Cerrito occured. Bosworth (who will also be referred to "Pearl Brown" in this entry) met Scott at his office in San Francisco. For reasons unknown, the two ended up in the city of Marysville where a series of unfortunate events would unfold. Pearl become pregnant to the doctor's child.
Baby Scott's only existence would be told by a series of newspaper clippings from a controversial murder trial that year. A lone small numbered gravemarker bearing "A 973", would be all that showed proof of the baby girl being part in this cruel and unforgiving world.
 |
| Photo Credit to Victoria Tudor, Marysville Cemtery Volunteer |
The events that occurred next are quite muddled with the passage of time. No one living today, may ever be able to tell what exactly occurred on that day in the summer of 1917.
The Investigation
Donley Ranch owned by Dr. Scott, 11 miles north of Marysville, in a section known as "District 10". This is where the body of the infant was discovered by Sheriff McCoy in an irrigation ditch. After some intense investigation, it was learned that the infant girl belonged to Mr. & Mrs. Francis Scott.
Sacramento Union Newspaper- "The finding of the body was the result of investigations started on the reports made by neighbors of the alleged peculiar actions of Scott during the past few days."
July 22nd she was born.
July 23rd she was found.
July 26th her father would be in custody for murder.
According to the Sacramento Union Newspaper, "Scott told the officers he was an osteopathic physician and had come to Yuba county three months ago with his wife. He claimed they were married in Redwood City, San Mateo couny, in January, 1916, but had kept their marriage a secret. Sheriff McCoy received word from City that no license had been issued to Francis Scott. County Physician Everett Gray performed an autopsy and gave the opinion the child was born alive and fully matured. The opinions of other physicians will be asked as to the fact of the child being alive at birth. Scott is under surveillance pending orders from the district attorney. To bury the child without a permit is a misdemeanor."
(Side note - Osteopathy, As Dr. Scott practiced, is a type of alternative medicine, known as "Quack Medicine", pseudomedicine that emphasizes massage and other physical manipulation of muscle tissue and bones. According to Quackwatch, "Andrew Taylor Still, MD (1828-1917) originally expressed the principles of osteopathy in 1874, when medical science was in its infancy. A medical doctor, Still believed that diseases were caused by mechanical interference with nerve and blood supply and were curable by manipulation of "deranged, displaced bones, nerves, muscles—removing all obstructions—thereby setting the machinery of life moving." His autobiography states that he could "shake a child and stop scarlet fever, croup, diphtheria, and cure whooping cough in three days by a wring of its neck.")
Sacramento Union Newspaper, July 26th- "Scott was placed in custody today and held pending the verdict. He yet maintains he was married in Redwood City, San Mateo county, to Pearl Brown in spite of the fact the sheriff of that county says no such marriage license was issued. Sheriff McCoy stated today that a trained nurse was in attendance at the 'bedside of Scott’s wife, who is in a precarious condition, and that she is now under the care of County Physician Dr. Everett Gray. "Just as soon as she is well enough to move she will be brought to Marysville, where she will receive better attention,’’ said McCoy. Scott had cards on his person indicating that Scott was evidently his right name and that he termed himself a medical masseur and had conducted offices at 630 Fillmore street, San Francisco."
Scott assured authorities that his proof of marriage would be found in a trunk at the office on Fillmore. McCoy and other officials journeyed to San Francisco to investigate, only to find that the building was vacant and advertised for rent.
"From information gained from the police of San Francisco, the local officers say Scott did not have a good reputation in that city."
Unable to prove license to practice, or of the couple's marriage; things were not looking up for the self proclaimed Doctor.
Pearl, even as the mother, was no help at all. From her bed at the County Hospital, she kept tight lipped.
The Trial
After an intense court proceeding that lasted through to September, Dr. Francis Scott was charged, not once, but twice, for the murder of Baby Scott. But the story does not end there.
The following November, Scott's Counsel, W.E. Davies, would bring Dr. Scott back to court to stand in front of judge E.P. McDaniel. Upon a writ of habeas corpus, Scott was released and discharged from custody due to lack of evidence proving that the infant had died before, or after she ended up in the ditch at the hands of her father.
According to the Sacramento Union, Judge McDaniel made a statement regarding his decision, "If the fact were proven that the child had been born alive there is no evidence to prove the child died or was killed by any criminal agency. If Scott had been found guilty by the jury in the first trial it would have been the duty of this court upon motion of counsel for the defendant to grant the defendant a new trial, and if I failed to do so my judgment would undoubtedly he reversed ‘by the supreme court. There was no testimony that the child died from any unnatural cause. The testimony of Mrs. Pearl Bosworth, mother of the dead child, don’t amount to a confession. It might indicate manslaughter, death resulting from criminal negligence."
Judge McDaniel urged District Attorney Manwell to seek the truth and should the facts of the case, prove that he was wrong in his decision, that the facts should indeed be brought back into court.
Ironically, the article immediately following the one quoted above, dismissing Scott from charges of murder was this; One of Judge McDaniel, believing that District Attorney Manwell, had to many dismissed cases over the past year. That men needed to be "held to answer" from the justice system. (See bottom of page).
While Baby Scott died in July of 1917, she would not be interred into Marysville City Cemetery until November 23rd, 1917. One day after her father was released from police custody.
Whether this baby died in child birth, or as a result of negligence from quackery, or of malice to avoid the shame of bearing a child out of wed-lock; we will never know.
Information on Baby Scott
From Find A Grave-
Information below was obtained from "Book I, Record of Burials - City of Marysville - From 1870 To 1939", on page 128. (Maintained at Marysville City Hall)
Name: Scott, Infant
Date Interred: November 23, 1917
Age: ---
Sex: Female
Color/Race: White
Single/Married: Infant
Nativity: California
Place of Death: Yuba County
Cause of Death: Unnatural Causes
Physician/Coroner: J. K. Kelly, Coroner
Number of Grave: A973
Location of Grave: City Cemetery Baby Row
San Francisco Chronicle Wednesday, July 25, 1917
Sacramento Union, Number 25, 25 July 1917
Sacramento Union 26 July 1917
Sacramento Union, Number 28, 28 July 1917
According to the Sacramento Union, Judge McDaniel made a statement regarding his decision, "If the fact were proven that the child had been born alive there is no evidence to prove the child died or was killed by any criminal agency. If Scott had been found guilty by the jury in the first trial it would have been the duty of this court upon motion of counsel for the defendant to grant the defendant a new trial, and if I failed to do so my judgment would undoubtedly he reversed ‘by the supreme court. There was no testimony that the child died from any unnatural cause. The testimony of Mrs. Pearl Bosworth, mother of the dead child, don’t amount to a confession. It might indicate manslaughter, death resulting from criminal negligence."
Judge McDaniel urged District Attorney Manwell to seek the truth and should the facts of the case, prove that he was wrong in his decision, that the facts should indeed be brought back into court.
Ironically, the article immediately following the one quoted above, dismissing Scott from charges of murder was this; One of Judge McDaniel, believing that District Attorney Manwell, had to many dismissed cases over the past year. That men needed to be "held to answer" from the justice system. (See bottom of page).
While Baby Scott died in July of 1917, she would not be interred into Marysville City Cemetery until November 23rd, 1917. One day after her father was released from police custody.
Whether this baby died in child birth, or as a result of negligence from quackery, or of malice to avoid the shame of bearing a child out of wed-lock; we will never know.
Information on Baby Scott
From Find A Grave-
Information below was obtained from "Book I, Record of Burials - City of Marysville - From 1870 To 1939", on page 128. (Maintained at Marysville City Hall)
Name: Scott, Infant
Date Interred: November 23, 1917
Age: ---
Sex: Female
Color/Race: White
Single/Married: Infant
Nativity: California
Place of Death: Yuba County
Cause of Death: Unnatural Causes
Physician/Coroner: J. K. Kelly, Coroner
Number of Grave: A973
Location of Grave: City Cemetery Baby Row
San Francisco Chronicle Wednesday, July 25, 1917
SAN FRANCISCAN HELD IN DEATH OF DAY OLD BABE
-Masseur Must Tell Coroner Why Childs Body Was Buried
MARYSVILLE July 14- A. Francis Scott who was until three month ago, an osteopathic physician in San Francisco, was arrested here by Sheriff Charles J McCoy following the discovery of the body of a day - old Infant boy born - to the woman he called wife, buried In quick lime In an irrigation ditch on the Scott ranch ten miles from here. The find resulted from a report received at the Sheriff office from neighbor of Scott who told the authorities that a baby had been born to Mrs Scott, said they believed it had been done away with. Mrs A Folsom and a farmer named Cliff told Sheriff McCoy that Scott had told them of the birth of the child. When questioned Scott declared the baby was born dead. He was asked when he buried the body and Scott pointed to the Irrigation ditch but would say no more. Sheriff McCoy reinforced by the chain gang with shovels at once began a search for the body. After a hunt of two hours, the body was found wrapped In a blanket and covered with quick lime. Scott clung to his statement that the Infant bad been born dead. The entire countryside was aroused by the find that Scott was hurried to the Yuba County Jail here, lie told the police that he had married Miss Pearl Brown in Redwood City in January. It is told of his professional record In San Francisco, in explanation of his failure to summon a physician. Sheriff McCoy at ones telegraphed to Redwood City and received reply that no marriage license had been Issued Scott and Miss Brown. Scott Is being held and District Attorney Ray Manwell said he will charge Scott with murder. Scott conducted a massage office at 630 Fillmore street in San Francisco, under the name of the Scott Institute of Massage and Rational Therapeutic."
-Masseur Must Tell Coroner Why Childs Body Was Buried
MARYSVILLE July 14- A. Francis Scott who was until three month ago, an osteopathic physician in San Francisco, was arrested here by Sheriff Charles J McCoy following the discovery of the body of a day - old Infant boy born - to the woman he called wife, buried In quick lime In an irrigation ditch on the Scott ranch ten miles from here. The find resulted from a report received at the Sheriff office from neighbor of Scott who told the authorities that a baby had been born to Mrs Scott, said they believed it had been done away with. Mrs A Folsom and a farmer named Cliff told Sheriff McCoy that Scott had told them of the birth of the child. When questioned Scott declared the baby was born dead. He was asked when he buried the body and Scott pointed to the Irrigation ditch but would say no more. Sheriff McCoy reinforced by the chain gang with shovels at once began a search for the body. After a hunt of two hours, the body was found wrapped In a blanket and covered with quick lime. Scott clung to his statement that the Infant bad been born dead. The entire countryside was aroused by the find that Scott was hurried to the Yuba County Jail here, lie told the police that he had married Miss Pearl Brown in Redwood City in January. It is told of his professional record In San Francisco, in explanation of his failure to summon a physician. Sheriff McCoy at ones telegraphed to Redwood City and received reply that no marriage license had been Issued Scott and Miss Brown. Scott Is being held and District Attorney Ray Manwell said he will charge Scott with murder. Scott conducted a massage office at 630 Fillmore street in San Francisco, under the name of the Scott Institute of Massage and Rational Therapeutic."
Sacramento Union, Number 25, 25 July 1917
Ironically, the article immediately following the article above, dismissing Scott from charges of murder was this; One of Judge McDaniel, believing that District Attorney Manwell, had to many dismisses over the past year of cases.
CRAZY. I smell foul play definitely. What type of person doesn't even properly bury their own flesh and blood? And the fact that he added lime to the sack he put his poor child in makes me think he had experience in this sort of debauchery.
ReplyDeleteNice reporting ladies! -m.l.