ime before the Federal Courts.

I assume, without attempting to produce any authority on the
subject, that this Court has power to grant to the defendant a
new trial in case it should appear that in the haste and in the
lack of opportunity for examination which necessarily attend a
jury trial, any material error should have been committed
prejudicial to the defendant, as otherwise no means whatever are
provided by the law for the correction of such errors.

The defendant was indicted under the nineteenth section of the
act of Congress of May 31, 1870, entitled, "An act to enforce the
right of citizens of the United States to vote in the several
States of this Union, and for other purposes," and was charged
with having knowingly voted, without having a lawful right to
vote, at the Congressional election in the Eighth Ward of the
City of Rochester, in November last; the only ground of
illegality being that the defendant was a woman.

The provisions of the act of Congress, so far as they bear upon
the present case, are as follows:

Section 19. If at any election for representative or
delegate in the Congress of the United States, any person
shall knowingly personate and vote, or attempt to vote, in
the name of any other person, whether living, dead, or
fictitious, or vote more than once at the same election for
any candidate for the same office, or vote at a place where
he may not be lawfully entitled to vote, or vote without
having a lawful right to vote, ... every such person shall
be deemed guilty of a crime, and shall for such crime be
liable to prosecution in any court of the United States, of
competent jurisdiction, and on conviction thereof, shall be
punished by a fine not exceeding $500 or by imprisonment for
a term not exceeding three years, or both, in the discretion
of the Court, and shall pay the costs of prosecution.

It appeared on the trial that before voting the defendant called
upon a respectable lawyer, and asked his opinion whether she had
a right to vote, and he advised her that she had such right, and
the lawyer was examined as a witness in her behalf, and testified
that he gave her such advice, and that he gave it in good faith,
believing that sh