The History of Woman Suffrage Volume II Part 86

_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 Const.i.tution 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 ent.i.tled to register? Objected to. Objection overruled.

_Q._ Did the Board consider the question of her right to registry, and decide that she was ent.i.tled 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 canva.s.sed 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 ent.i.tled 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, const.i.tute the Board of Registry, and they are the only persons to pa.s.s 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 Const.i.tution of the State of New York; she claimed her right under the Const.i.tution 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 ent.i.tled 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 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 offense, 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 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. 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 offense--a proposition to me most abhorrent, as I believe it will be equally abhorrent to your judgment.