son presenting his vote is a foreigner or naturalized, or
whether he has been a resident of the State or district for a
sufficient length of time, the subject is all within their
jurisdiction, and they have a right to decide, and are protected
if they decide wrong.

But upon the view which has been taken of this question of the
right of females to vote, by the United States Court at
Washington, and by the adjudication which was made this morning,
upon this subject there is no discretion, and therefore I must
hold that it affords no protection. In that view of the case, is
there anything to go to the jury?

Mr. VAN VOORHIS: Yes, your honor. The COURT: What?

Mr. VAN VOORHIS: The jury must pass upon the whole case, and
particularly as to whether any ballots were received for
representative in Congress, or candidates for representative in
Congress, and whether the defendants acted willfully and
maliciously.

The COURT: It is too plain to argue that. Mr. VAN VOORHIS: There
is nothing but circumstantial evidence.

The COURT: Your own witness testified to it. Mr. VAN VOORHIS: But
"knowingly," your honor, implies knowing that it is a vote for
representative in Congress.

The COURT: That comes within the decision of the question of law.
I don't see that there is anything to go to the jury. Mr. VAN
VOORHIS: I can not take your honor's view of the case, but of
course must submit to it. We ask to go to the jury upon this
whole case, and claim that in this case, as in all criminal
cases, the right of trial by jury is made inviolate by the
Constitution--that the Court has no power to take it from the
jury. The COURT: I am going to submit it to the jury.

_Gentlemen of the Jury:_ This case is now before you upon the
evidence as it stands, and I shall leave the case with you to
decide. Mr. VAN VOORHIS: I claim the right to address the jury.

The COURT: I don't think there is anything upon which you can
legitimately address the jury. _Gentlemen_, the defendants are
charged with knowingly, willfully, and wrongfully receiving the
votes of the ladies whose names are mentioned, in November last,
in the city of Rochester. They are charged in the same indictment
with willfully and improperly registering those ladies. I decided
in the case t