ir discharge.

Now I respectfully submit, that in these proceedings the
defendant has been substantially denied her constitutional right
of trial by jury. The jurors composing the panel have been merely
silent spectators of the conviction of the defendant by the
Court. They have had no more share in her trial and conviction
than any other twelve members of the jury summoned to attend this
Court, or any twelve spectators who have sat by during the trial.
If such course is allowable in this case, it must be equally
allowable in all criminal cases, whether the charge be for
treason, murder, or any minor grade of offense which can come
under the jurisdiction of a United States Court; and as I
understand it, if correct, substantially abolishes the right of
trial by jury.

It certainly does so in all those cases where the judge shall be
of the opinion that the facts which he may regard as clearly
proved, lead necessarily to the guilt of the defendant. Of course
by refusing to submit any question to the jury, the judge refuses
to allow counsel to address the jury in the defendant's behalf.
The constitutional provisions which I insist are violated by this
proceeding are the following:

Constitution of the United States, article 3, section 2. The
trial of all crimes, except in cases of impeachment, shall
be by jury.

Amendments to Constitution, article 6. In all criminal
prosecutions, the accused shall enjoy the right to a speedy
and public trial, by an impartial jury of the State and
District wherein the crime shall have been committed, which
district shall have been previously ascertained by law; and
to be informed of the nature and cause of the accusation; to
be confronted with the witnesses against him; to have
compulsory process for obtaining witnesses in his favor, and
to have the assistance of counsel for his defense.

In accordance with these provisions, I insist that in every
criminal case, where the party has pleaded not guilty, whether
upon the trial the guilt of such party appears to the judge to be
clear or not, the response to the question, guilty or not guilty,
must come from the jury, must be their voluntary act, and can not
be imposed upon them by the Court.