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We ask to go to the jury upon this
whole case, and claim that in this case, as in all criminal
cases, the right of trial by jury is made inviolate by the
Constitution--that the Court has no power to take it from the
jury. The COURT: I am going to submit it to the jury.

_Gentlemen of the Jury:_ This case is now before you upon the
evidence as it stands, and I shall leave the case with you to
decide. Mr. VAN VOORHIS: I claim the right to address the jury.

The COURT: I don't think there is anything upon which you can
legitimately address the jury. _Gentlemen_, the defendants are
charged with knowingly, willfully, and wrongfully receiving the
votes of the ladies whose names are mentioned, in November last,
in the city of Rochester. They are charged in the same indictment
with willfully and improperly registering those ladies. I decided
in the case this morning, which many of you heard, probably, that
under the law as it stands the ladies who offered their votes had
no right to vote whatever. I repeat that decision, and I charge
you that they had no right to offer their votes. They having no
right to offer their votes, the inspectors of election ought not
to receive them. The additional question exists in this case
whether the fact that they acted as inspectors will relieve them
from the charge in this case. You have heard the views which I
have given upon that. I think they are administrative officers. I
charge you that they are administrative and ministerial officers
in this respect, and that they are not judicial officers whose
action protects them, and that therefore they are liable in this
case. But, instead of doing as I did in the case this
morning--directing a verdict--I submit the case to you with these
instructions, and you can decide it here, or you may go out.

Mr. VAN VOORHIS: I ask your honor to instruct the jury that if
they find these inspectors acted honestly, in accordance with
their best judgment, they should be acquitted. The COURT: I have
expressly ruled to the contrary of that, gentlemen; that that
makes no difference.

Mr. VAN VOORHIS: And that in this country--under the laws of this
country--The COURT: That is enough--you need not argue it, Mr.
Van Voorhis.

Mr. VAN VOORHIS: Then. I ask your honor to charge the jury that
they must find the fact that these inspectors received the votes
of these persons knowingly, and that such votes were votes for
some person for member of Congress, there being in the case no
evidence that any man was voted for, for member of Congress, and
there being no evidence except that secret ballots were received;
that the jury have a right to find for the defendants, if they
choose. The COURT: I charge the jury that there is sufficient
evidence to sustain the indictment upon this point.

Mr. VAN VOORHIS: I ask your honor also to charge the jury that
there is sufficient evidence to sustain a verdict of not guilty.
The COURT: I can not charge that.

Mr. VAN VOORHIS: Then why should it go to the jury? The COURT: As
a matter of form.

Mr. VAN VOORHIS: If the jury should find a verdict of not guilty,
could your honor set it aside? The COURT: I will debate that with
you when the occasion arises. Gentlemen, you may deliberate here,
or retire, as you choose.

The jury retired for consultation, and the Court took a recess. The
Court re-convened at 7 o'clock, when the clerk called the jury and
asked them if they had agreed upon their verdict. The foreman replied
in the negative.

The COURT: Is there anything upon which I can give you any advice
gentlemen, or any information? A JUROR: We stand eleven for
conviction, and one opposed.

The COURT: If that gentleman desires to ask any questions in
respect to the questions of law, or the facts in the case, I will
give him any information he desires. [No response from the jury.]
It is quite proper, if any gentleman has doubts about anything,
either as to the law or the facts, that he should state it to the
Court. Counsel are both present, and I can give such information
as is correct. A JUROR: I don't wish to ask any questions.

The COURT: Then you may retire again, gentlemen. The Court will
adjourn until to-morrow morning.

The jury retired, and after an absence of about ten minutes returned
into court. The clerk called the names of the jury.

The CLERK: Gentlemen, have you agreed upon your verdict? The
FOREMAN: We have.

The CLERK: How say you, do you find the prisoners at the bar
guilty of the offense whereof they stand indicted, or not guilty?
The FOREMAN: Guilty.

The CLERK: Hearken to your verdict as it stands recorded by the
court. You say you find the prisoners at the bar guilty of the
offense whereof they stand indicted, and so say you all. Mr. VAN
VOORHIS: I ask that the jury be polled. The clerk polled the
jury, each juror answering in the affirmative to the question,
"Is this your verdict."

On the next day, June 19, 1873, the counsel for the defendants, Mr.
John Van Voorhis, made a motion to the court for a new trial in behalf
of Beverley W. Jones, Edwin T. Marsh, and William B. Hall. The
following are the grounds of the motion:

1. The indictment contains no sufficient statement of any crime
under the Acts of Congress, upon which it is framed. 2. The court
has no jurisdiction of the subject matter of the offense. 3. It
was an error, for which a new trial should be granted, to refuse
the defendants the fundamental right to address the jury through
their counsel. This is a right guaranteed by the United States
Constitution. (See Article VI. of the amendments to the U.S.
Constitution. 1 Graham and Waterman on New Trials, pages 682,
683, and 684.) 4. The defendants were substantially deprived of
the right of jury trial. The instructions of the court to the
jury were imperative. They were equivalent to a direction to find
a verdict of guilty. It was said by the court in the hearing of
the jury, that the case was submitted to the jury "as a matter of
form." The jury was not at liberty to exercise its own judgment
upon the evidence, and without committing a gross discourtesy to
the court, could render no verdict except that of guilty. 5.
Admitting that the defendants acted without malice, or any
corrupt motive, and in accordance with their best judgments, and
in perfect good faith, it was error to charge that that was no
defense. 6. The defendants are admitted to have acted in
accordance with their duty as defined by the laws of New York (1
R. S. Edmonds' Ed., pp. 126-127, sections 13, 14, 15, 16, 17, 18
and 19) as construed by the Court of Appeals. (People _vs._
Pease, 27 N. Y. 45.)

They are administrative officers and bound to regard only the
evidence which the statute prescribes. They are not clothed with
the power to reject the vote of a person who has furnished the
evidence which the law requires of a right to vote, on what they
or either of them might know, as to the truth or falsity of such
evidences. They have no discretion, and must perform their duty,
as it is defined by the laws of New York and the decisions of her
courts. 7. The defendant, William B. Hall, has been tried and
convicted in his absence from the court. This is an error fatal
to the conviction in his case.

The court denied the motion; then asked the defendants if they had
anything to say why sentence should not be pronounced, in response to
which they replied as follows:

BEVERLY W. JONES said: Your honor has pronounced me guilty of
crime; the jury had but little to do with it. In the performance
of my duties as an inspector of election, which position I have
held for the last four years, I acted conscientiously, faithfully
and according to the best of my judgment and ability. I did not
believe that I had the right to reject the ballot of a citizen
who offered to vote, and who took the preliminary and general
oaths; and answered all questions prescribed by law. The
instructions furnished me by the State authorities declared that
I had no such right. As far as the registry of the names is
concerned, they would never have been placed upon the registry if
it had not been for Daniel Warner, the Democratic federal
supervisor of elections, appointed by this court, who not only
advised the registry, but addressed us, saying, "Young men, do
you know the penalty of the law if you refuse to register these
names?" And after discharging my duties faithfully and honestly
and to the best of my ability, if it is to vindicate the law that
I am to be imprisoned, I willingly submit to the penalty.

EDWIN T. MARSH said: In October last, just previous to the time
fixed for the sitting of the Board of Registrars in the first
district of the eighth ward of Rochester, a vacancy occurred. I
was solicited to act, and consenting, I was duly appointed by the
common council. I had never given the matter a thought until
called to the position, and as a consequence knew nothing of the
law. On the morning of the first day of the last session of the
board, Miss Anthony and other women presented themselves and
claimed the right to be registered. So far as I knew, the
question of woman suffrage had never come up in that shape
before. We were in a position where we could take no middle
course. Decide which way me might, we were liable to prosecution.
We devoted all the time to acquiring information on the subject
that our duties as Registrars would allow.



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