Leaving out all legal technicalities, what took place was this:
“We women,” said Fru Heyerdahl, “we are an unfortunate and oppressed moiety of humanity. It is the men who make the laws, and we women have not a word to say in the matter. But can any man put himself in the position of a woman in childbirth? Has he ever felt the dread of it, ever known the terrible pangs, ever cried aloud in the anguish of that hour?
“In the present instance, it is a servant-girl who has borne the child. A girl, unmarried, and consequently trying all through the critical time to hide her condition. And why must she seek to hide it? Because of society. Society despises the unmarried woman who bears a child. Not only does society offer her no protection, but it persecutes her, pursues her with contempt and disgrace. Atrocious! No human creature with any heart at all could help feeling indignant at such a state of things. Not only is the girl to bring a child into the world, a thing in itself surely hard enough, but she is to be treated as a criminal for that very fact. I will venture to say that it was well for the unfortunate girl now accused before the court that her child was born by accident when she fell into the water, and drowned. Well for herself and for the child. As long as society maintains its present attitude, an unmarried mother should be counted guiltless even if she does kill her child.”
Here a slight murmur was heard from the presiding justice.
“Or at any rate, her punishment should be merely nominal,” said Fru Heyerdahl. “We are all agreed, of course,” she went on, “that infant life should be preserved, but is that to mean that no law of simple humanity is to apply to the unfortunate mother? Think, consider what she has been through during all the period of pregnancy, what suffering she has endured in striving to hide her condition, and all the time never knowing where to turn for herself and the child when it comes. No man can imagine it,” said she. “The child is at least killed in kindness. The mother tries to save herself and the child she loves from the misery of its life. The shame is more than she can bear, and so the plan gradually forms itself in her mind, to put the child out of the way. The birth takes place in secret, and the mother is for four-and-twenty hours in such a delirious state that at the moment of killing the child she is simply not responsible for her actions. Practically