here
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, s
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