words to the jury on the question of fact. The judge then
said to the counsel that he thought that had better be left until
the views of the court upon the legal questions should be made
known.

The district attorney thereupon addressed the court at length
upon the legal questions, and at the close of his argument the
judge delivered an opinion adverse to the positions of your
petitioner's counsel upon both of the legal questions presented,
holding that your petitioner was not entitled to vote; and that
if she voted in good faith in the belief in fact that she had a
right to vote, it would constitute no defense; the ground of the
decision on the last point being that your petitioner was bound
to know that by the law she was not a legal voter, and that even
if she voted in good faith in the contrary belief, it constituted
no defense to the crime with which she was charged.

The decision of the judge upon those questions was read from a
written document, and at the close of the reading the judge said
that the decision of those questions disposed of the case and
left no question of fact for the jury, and that he should
therefore direct the jury to find a verdict of guilty. The judge
then said to the jury that the decision of the court had disposed
of all there was in the case, and that he directed them to find a
verdict of guilty; and he instructed the clerk to enter such a
verdict.

At this time, before any entry had been made by the clerk, your
petitioner's counsel asked the judge to submit the case to the
jury, and to give to the jury the following several instructions.
[See page 680.]

The judge declined to submit the case to the jury upon any
question whatever, and directed them to render a verdict of
guilty against your petitioner. Your petitioner's counsel
excepted to the decision of the judge upon the legal questions,
and to his direction to the jury to find a verdict of guilty,
insisting that it was a direction which no court had a right to
give in any criminal case.

The judge then instructed the clerk to take the verdict, and the
clerk said, "Gentlemen of the jury, hearken to your verdict as
the court hath recorded it. You say you find the defendant guilty
of the offense charged; so say you all." No response whatever wa