his morning, which many of you heard, probably, that
under the law as it stands the ladies who offered their votes had
no right to vote whatever. I repeat that decision, and I charge
you that they had no right to offer their votes. They having no
right to offer their votes, the inspectors of election ought not
to receive them. The additional question exists in this case
whether the fact that they acted as inspectors will relieve them
from the charge in this case. You have heard the views which I
have given upon that. I think they are administrative officers. I
charge you that they are administrative and ministerial officers
in this respect, and that they are not judicial officers whose
action protects them, and that therefore they are liable in this
case. But, instead of doing as I did in the case this
morning--directing a verdict--I submit the case to you with these
instructions, and you can decide it here, or you may go out.

Mr. VAN VOORHIS: I ask your honor to instruct the jury that if
they find these inspectors acted honestly, in accordance with
their best judgment, they should be acquitted. The COURT: I have
expressly ruled to the contrary of that, gentlemen; that that
makes no difference.

Mr. VAN VOORHIS: And that in this country--under the laws of this
country--The COURT: That is enough--you need not argue it, Mr.
Van Voorhis.

Mr. VAN VOORHIS: Then. I ask your honor to charge the jury that
they must find the fact that these inspectors received the votes
of these persons knowingly, and that such votes were votes for
some person for member of Congress, there being in the case no
evidence that any man was voted for, for member of Congress, and
there being no evidence except that secret ballots were received;
that the jury have a right to find for the defendants, if they
choose. The COURT: I charge the jury that there is sufficient
evidence to sustain the indictment upon this point.

Mr. VAN VOORHIS: I ask your honor also to charge the jury that
there is sufficient evidence to sustain a verdict of not guilty.
The COURT: I can not charge that.

Mr. VAN VOORHIS: Then why should it go to the jury? The COURT: As
a matter of form.

Mr. VAN VOORHIS: If the jury should find a verdict of not guilty,
could your honor set it aside