An Account of the Proceedings on the Trial of Susan B. Anthony Part 3

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 a.s.sembly.

_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 ent.i.tled to vote as any man that voted at that election, according to the Const.i.tution and laws of the Government under which she lives. If I maintain that proposition, as a matter of course she has committed no offence, and is ent.i.tled to be discharged at your hands.

But, beyond that, whether she was a legal voter or not, whether she was ent.i.tled to 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. 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 pa.s.sed 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 a.s.sumes 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 offence--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 14th Amendment of the Const.i.tution 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 Const.i.tution 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 Const.i.tution 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 a.s.sistant United States Dist. 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!