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I suppose that there
will be no question of fact, substantially, in the case when all
of the evidence is out, and it will be for you to decide under
the charge for his honor, the Judge, whether or not the defendant
committed the offense of voting for a representative in Congress
upon that occasion. We think, on the part of the Government, that
there is no question about it either one way or the other,
neither a question of fact, nor a question of law, and that
whatever Miss Anthony's intentions may have been--whether they
were good or otherwise--she did not have a right to vote upon
that question, and if she did vote without having a lawful right
to vote, then there is no question but what she is guilty of
violating a law of the United States in that behalf enacted by
the Congress of the United States.

We don't claim in this case, gentlemen, that Miss Anthony is of
that class of people who go about "repeating." We don't claim
that she went from place to place for the purpose of offering her
vote. But we do claim that upon the 5th of November, 1872, she
voted, and whether she believed that she had a right to vote or
not, it being a question of law, that she is within the statute.
Congress in 1870 passed the following statute: (Reads 19th
Section of the Act of 1870, page 144, 16th statutes at large.) It
is not necessary for me, gentlemen, at this stage of the case, to
state all the facts which will be proven on the part of the
Government. I shall leave that to be shown by the evidence and by
the witnesses, and if any question of law shall arise his Honor
will undoubtedly give you instructions as he shall deem proper.
Conceded, that on the 5th day of November, 1872, Miss Susan B.
Anthony was a woman.

Beverly W. Jones, a witness, called in behalf of the United
States, testified as follows: Examined by Mr. Crowley:

_Q._ Mr. Jones, where do you reside? _A._ 8th Ward, Rochester.

_Q._ Where were you living on the 5th of November, 1872? _A._
Same place.

_Q._ Do you know the defendant, Miss Susan B. Anthony? _A._ Yes,
sir.

_Q._ In what capacity were you acting upon that day, if any, in
relation to elections? _A._ Inspector of election.

_Q._ Into how many election districts is the 8th Ward divided, if
it contains more than one? _A._ Two, sir.

_Q._ In what election district were you inspector of elections?
_A._ The first district.

_Q._ Who were inspectors with you? _A._ Edwin T. Marsh and
William B. Hall.

_Q._ Had the Board of Inspectors been regularly organized? _A._
Yes, sir.

_Q._ Upon the 5th day of November, did the defendant, Susan B.
Anthony, vote in the first election district of the 8th Ward of
the city of Rochester?

_A._ Yes, sir.

_Q._ Did you see her vote? _A._ Yes, sir.

_Q._ Will you state to the jury what tickets she voted, whether
State, Assembly, Congress and Electoral? Objected to as calling
for a conclusion.

_Q._ State what tickets she voted, if you know, Mr. Jones. _A._
If I recollect right she voted the Electoral ticket,
Congressional ticket, State ticket, and Assembly ticket.

_Q._ Was there an election for member of Congress from that
district and for Representative at large in Congress, for the
State of New York, held on the 5th of November, in the city of
Rochester? _A._ I think there was; yes, sir.

_Q._ In what Congressional District was the city of Rochester at
the time? _A._ The 29th.

_Q._ Did you receive the tickets from Miss Anthony? _A._ Yes,
sir.

_Q._ What did you do with them when you received them? _A._ Put
them in the separate boxes where they belonged.

_Q._ State to the jury whether you had separate boxes for the
several tickets voted in that election district? _A._ Yes, sir;
we had.

_Q._ Was Miss Anthony challenged upon that occasion? _A._ Yes,
sir--no; not on that day she wasn't.

_Q._ She was not challenged on the day she voted? _A._ No, sir.

Cross-examination by Judge Selden:

_Q._ Prior to the election, was there a registry of voters in
that district made? _A._ Yes, sir.

_Q._ Were you one of the officers engaged in making that
registry? _A._ Yes, sir.

_Q._ When the registry was being made did Miss Anthony appear
before the Board of Registry and claim to be registered as a
voter? _A._ She did.

_Q._ Was there any objection made, or any doubt raised as to her
right to vote? _A._ There was.

_Q._ On what ground? _A._ On the ground that the Constitution of
the State of New York did not allow women to vote.

_Q._ What was the defect in her right to vote as a citizen? _A._
She was not a male citizen.

_Q._ That she was a woman? _A._ Yes, sir.

_Q._ Did the Board consider that and decide that she was entitled
to register? Objected to. Objection overruled.

_Q._ Did the Board consider the question of her right to
registry, and decide that she was entitled to registry as a
voter? _A._ Yes, sir.

_Q._ And she was registered accordingly? _A._ Yes, sir.

_Q._ When she offered her vote, was the same objection brought up
in the Board of Inspectors, or question made of her right to vote
as a woman? _A._ She was challenged previous to election day.

_Q._ It was canvassed previous to election day between them? _A._
Yes, sir; she was challenged on the second day of registering
names.

_Q._ At the time of the registry, when her name was registered,
was the Supervisor of Election present at the Board? _A._ He was.

_Q._ Was he consulted upon the question of whether she was
entitled to registry, or did he express an opinion on the subject
to the inspectors?

Mr. CROWLEY.--I submit that it is of no consequence whether he
did or not.

JUDGE SELDEN.--He was the Government Supervisor under this act of
Congress.

Mr. CROWLEY.--The Board of Inspectors, under the State law,
constitute the Board of Registry, and they are the only persons
to pass upon that question.

THE COURT.--You may take it. _A._ Yes, sir; there was a United
States Supervisor of Elections, two of them.

By Judge Selden:

_Q._ Did they advise the registry or did they not? _A._ One of
them did.

_Q._ And on that advice the registry was made with the judgment
of the inspectors? _A._ It had a great deal of weight with the
inspectors, I have no doubt.

Re-direct examination by Mr. CROWLEY:

_Q._ Was Miss Anthony challenged before the Board of Registry?
_A._ Not at the time she offered her name.

_Q._ Was she challenged at any time? _A._ Yes, sir; the second
day of the meeting of the Board.

_Q._ Was the preliminary and the general oath administered? _A._
Yes, sir.

_Q._ Won't you state what Miss Anthony said, if she said
anything, when she came there and offered her name for
registration? _A._ She stated that she did not claim any rights
under the Constitution of the State of New York; she claimed her
right under the Constitution of the United States.

_Q._ Did she name any particular amendment? _A._ Yes, sir; she
cited the XIV. Amendment.

_Q._ Under that she claimed her right to vote? _A._ Yes, sir.

_Q._ Did the other Federal Supervisor who was present, state it
as his opinion that she was entitled to vote under that
amendment, or did he protest, claiming that she did not have the
right to vote? _A._ One of them said that there was no way for
the inspectors to get around placing the name upon the register;
the other one, when she came in, left the room.

_Q._ Did this one who said that there was no way to get around
placing the name upon the register, state that she had her right
to register, but did not have the right to vote? _A._ I didn't
hear him make any such statement.

_Q._ You didn't hear any such statement as that? _A._ No, sir.

_Q._ Was there a poll list kept of the voters of the first
election district of the 8th Ward on the day of election? _A._
Yes, sir.

_Q._ (Handing witness two books.) State whether that is the poll
list of voters kept upon the day of election in the first
election district of the 8th Ward, of the city of Rochester? _A._
This is the poll list, and also the register.

_Q._ Turn to the name of Susan B. Anthony, if it is upon that
poll list. _A._ I have it.

_Q._ What number is it? _A._ Number 22.

_Q._ From that poll list what tickets does it purport to show
that she voted upon that occasion? _A._ Electoral, State,
Congress, and Assembly.

United States rests.

Judge SELDEN opened the case in behalf of the defendant, as follows:

_If the Court please, Gentlemen of the Jury:_

This is a case of no ordinary magnitude, although many might
regard it as one of very little importance. The question whether
my client here has done anything to justify her being consigned
to a felon's prison or not, is one that interests her very
essentially, and that interests the people also essentially. I
claim and shall endeavor to establish before you that when she
offered to have her name registered as a voter, and when she
offered her vote for Member of Congress, she was as much entitled
to vote as any man that voted at that election, according to the
Constitution and laws of the Government under which she lives. If
I maintain that proposition, as a matter of course she has
committed no offense, and is entitled to be discharged at your
hands.

But, beyond that, whether she was a legal voter or not, whether
she was entitled to a vote or not, if she sincerely believed that
she had a right to vote, and offered her ballot in good faith,
under that belief, whether right or wrong, by the laws of this
country she is guilty of no crime.



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