h stands conceded.

Thanking your honor for the great patience with which you have
listened to my too extended remarks, I submit the legal questions
which the case involves for your honor's consideration.

District Attorney Crowley followed Judge Selden with an argument two
hours in length. He stated that, in his view, the case simply
presented questions of law, and that his argument, therefore, would be
addressed strictly to the court, leaving the court to give such
instructions to the jury upon the facts as he might deem proper. He
contended that the right to vote was not included in "privileges and
immunities," and was only given by State laws and State constitutions.
He concluded his argument by saying that an honest mistake of the
facts may sometimes excuse, but a mistake of the law never. The COURT
addressed the jury as follows:

_Gentlemen of the Jury:_ I have given this case such
consideration as I have been able to, and, that there might be no
misapprehension about my views, I have made a brief statement in
writing.

The defendant is indicted under the act of Congress of 1870, for
having voted for Representatives in Congress in November, 1872.
Among other things, that Act makes it an offense for any person
knowingly to vote for such Representatives without having a right
to vote. It is charged that the defendant thus voted, she not
having a right to vote because she is a woman. The defendant
insists that she has a right to vote; that the provision of the
Constitution of this State limiting the right to vote to persons
of the male sex is in violation of the XIV. Amendment of the
Constitution of the United States, and is void.

The XIII., XIV., and XV. Amendments were designed mainly for the
protection of the newly emancipated negroes, but full effect must
nevertheless be given to the language employed. The XIII.
Amendment provided that neither slavery nor involuntary servitude
should longer exist in the United States. If honestly received
and fairly applied, this provision would have been enough to
guard the rights of the colored race. In some States it was
attempted to be evaded by enactments cruel and oppressive in
their nature; as that colored persons were forbidden to appear in
the towns except in a menial capacity; that they should reside on
and cultivate the soil