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I apprehend that that
proposition, when it is discussed, will be maintained with a
clearness and force that shall leave no doubt upon the mind of
the Court or upon your minds as the gentlemen of the jury. If I
maintain that proposition here, then the further question and the
only question which, in my judgment, can come before you to be
passed upon by you as a question of fact is whether or not she
did vote in good faith, believing that she had a right to vote.
The public prosecutor assumes that, however honestly she may have
offered her vote, however sincerely she may have believed that
she had a right to vote, if she was mistaken in that judgment,
her offering her vote and its being received makes a criminal
offense--a proposition to me most abhorrent, as I believe it will
be equally abhorrent to your judgment.

Before the registration, and before this election, Miss Anthony
called upon me for advice upon the question whether, under the
XIV. Amendment of the Constitution of the United States, she had
a right to vote. I had not examined the question. I told her I
would examine it and give her my opinion upon the question of her
legal right. She went away and came again after I had made the
examination. I advised her that she was as lawful a voter as I
am, or as any other man is, and advised her to go and offer her
vote. I may have been mistaken in that, and if I was mistaken, I
believe she acted in good faith. I believe she acted according to
her right as the law and Constitution gave it to her. But whether
she did or not, she acted in the most perfect good faith, and if
she made a mistake, or if I made one, that is not a reason for
committing her to a felon's cell.

For the second time in my life, in my professional practice, I am
under the necessity of offering myself as a witness for my
client.

HENRY R. SELDEN, a witness sworn in behalf of the defendant,
testified as follows: Before the last election, Miss Anthony
called upon me for advice, upon the question whether she was or
was not a legal voter. I examined the question, and gave her my
opinion, unhesitatingly, that the laws and Constitution of the
United States authorized her to vote, as well as they authorize
any man to vote; and I advised her to have her name placed upon
the registry and to vote at the election, if the inspectors
should receive her vote. I gave the advice in good faith,
believing it to be accurate, and I believe it to be accurate
still. [This witness was not cross-examined.]

Judge SELDEN: I propose to call Miss Anthony as to the fact of
her voting--on the question of the intention or belief under
which she voted.

Mr. CROWLEY: She is not competent as a witness in her own behalf.
[The Court so held.] Defendant rests.

JOHN E. POUND, a witness sworn in behalf of the United States,
testified as follows, examined by Mr. CROWLEY:

_Q._ During the months of November and December, 1872, and
January, 1873, were you Assistant United States District Attorney
for the Northern District of New York? _A._ Yes, sir.

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

_Q._ Did you attend an examination before Wm. C. Storrs, a United
States Commissioner, in the city of Rochester, when her case was
examined? _A._ I did.

_Q._ Was she called as a witness in her own behalf upon that
examination? _A._ She was.

_Q._ Was she sworn? _A._ She was.

_Q._ Did she give evidence? _A._ She did.

_Q._ Did you keep minutes of evidence on that occasion? _A._ I
did.

_Q._ (Handing the witness a paper). Please look at the paper now
shown you and see if it contains the minutes you kept upon that
occasion? _A._ It does.

_Q._ Turn to the evidence of Susan B. Anthony? _A._ I have it.

_Q._ Did she, upon that occasion, state that she consulted or
talked with Judge Henry R. Selden, of Rochester, in relation to
her right to vote?

Judge SELDEN: I object to that upon the ground that it is
incompetent, that if they refuse to allow her to be sworn here,
they should be excluded from producing any evidence that she gave
elsewhere, especially when they want to give the version which
the United States officer took of her evidence.

THE COURT: Go on.

By Mr. CROWLEY:

_Q._ State whether she stated on that examination, under oath,
that she had talked or consulted with Judge Henry R. Selden in
relation to her right to vote? _A._ She did.

_Q._ State whether she asked, upon that examination, if the
advice given her by Judge Henry R. Selden would or did make any
difference in her action in voting, or in substance that? _A._
She stated on the cross-examination, "I should have made the same
endeavor to vote that I did had I not consulted Judge Selden. I
didn't consult any one before I registered. I was not influenced
by his advice in the matter at all; have been resolved to vote,
the first time I was at home thirty days, for a number of years."

_Cross-examination by_ Mr. Van VOORHIS:

_Q._ Mr. Pound, was she asked there if she had any doubt about
her right to vote, and did she answer, "Not a particle"? _A._ She
stated, "Had no doubt as to my right to vote," on the direct
examination.

_Q._ There was a stenographic reporter there, was there not? _A._
A reporter was there taking notes.

_Q._ Was not this question put to her, "Did you have any doubt
yourself of your right to vote?" and did she not answer, "Not a
particle"?

THE COURT: Well, he says so, that she had no doubt of her right
to vote.

Judge SELDEN: I beg leave to state, in regard to my own
testimony, Miss Anthony informs me that I was mistaken in the
fact that my advice was before her registry. It was my
recollection that it was on her way to the registry, but she
states to me now that she was registered and came immediately to
my office. In that respect I was under a mistake.

_Evidence closed._


ARGUMENT OF MR. SELDEN FOR THE DEFENDANT.

The defendant is indicted under the 19th section of the Act of
Congress of May 31, 1874 (16 St. at L., 144), for "voting without
having a lawful right to vote." The words of the statute, so far
as they are material in this ease, are as follows:

If at any election for representative or delegate in the
Congress of the United States, any person shall knowingly
... vote without having a lawful right to vote ... every
such person shall be deemed guilty of a crime ... and on
conviction thereof shall be punished by a fine not exceeding
$500, or by imprisonment for a term not exceeding three
years, or by both, in the discretion of the court, and shall
pay the costs of prosecution.

The only alleged ground of illegality of the defendant's vote is
that she is a woman. If the same act had been done by her brother
under the same circumstances, the act would have been not only
innocent, but honorable and laudable; but having been done by a
woman it is said to be a crime. The crime, therefore, consists
not in the act done, but in the simple fact that the person doing
it was a woman and not a man. I believe this is the first
instance in which a woman has been arraigned in a criminal court
merely on account of her sex. If the advocates of female suffrage
had been allowed to choose the point of attack to be made upon
their position, they could not have chosen it more favorably for
themselves; and I am disposed to thank those who have been
instrumental in this proceeding, for presenting it in the form
of a criminal prosecution. Women have the same interest that men
have in the establishment and maintenance of good government;
they are to the same extent as men bound to obey the laws; they
suffer to the same extent by bad laws, and profit to the same
extent by good laws; and upon principles of equal justice, as it
would seem, should be allowed equally with men, to express their
preference in the choice of law-makers and rulers. But however
that may be, no greater absurdity, to use no harsher term, could
be presented, than that of rewarding men and punishing women, for
the same act, without giving to women any voice in the question
which should be rewarded, and which punished.

I am aware, however, that we are here to be governed by the
Constitution and laws as they are, and that if the defendant has
been guilty of violating the law, she must submit to the penalty,
however unjust or absurd the law may be. But courts are not
required to so interpret laws or constitutions as to produce
either absurdity or injustice, so long as they are open to a more
reasonable interpretation. This must be my excuse for what I
design to say in regard to the propriety of female suffrage,
because with that propriety established there is very little
difficulty in finding sufficient warrant in the Constitution for
its exercise. This case, in its legal aspects, presents three
questions, which I purpose to discuss.

1. Was the defendant legally entitled to vote at the election in
question?

2. If she was not entitled to vote, but believed that she was,
and voted in good faith in that belief, did such voting
constitute a crime under the statute before referred to?

3. Did the defendant vote in good faith in that belief?

If the first question be decided in accordance with my views, the
other questions become immaterial; if the second be decided
adversely to my views, the first and third become immaterial.



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