ieving that the United States Constitution gave her the right to
vote, and he clearly outlined her interpretation of the Fourteenth and
Fifteenth Amendments, declaring that she stood arraigned as a criminal
simply because she took the only step possible to bring this great
constitutional question before the courts.
After he had finished, Susan followed closely for two long hours the
arguments of the district attorney, Richard Crowley, who contended
that whatever her intentions may have been, good or bad, she had by
her voting violated a law of the United States and was therefore
guilty of crime.
At the close of the district attorney's argument, Judge Hunt without
leaving the bench drew out a written document, and to her surprise,
read from it as he addressed the jury. "The right of voting or the
privilege of voting," he declared, "is a right or privilege arising
under the constitution of the State, not of the United States.[306]
"The Legislature of the State of New York," he continued, "has seen
fit to say, that the franchise of voting shall be limited to the male
sex.... If the Fifteenth Amendment had contained the word 'sex,' the
argument of the defendant would have been potent.... The Fourteenth
Amendment gives no right to a woman to vote, and the voting of Miss
Anthony was in violation of the law....
"There was no ignorance of any fact," he added, "but all the facts
being known, she undertook to settle a principle in her own person....
To constitute a crime, it is true, that there must be a criminal
intent, but it is equally true that knowledge of the facts of the case
is always held to supply this intent...."
Then hesitating a moment, he concluded, "Upon this evidence I suppose
there is no question for the jury and that the jury should be directed
to find a verdict of guilty."
Immediately Henry Selden was on his feet, addressing the judge,
requesting that the jury determine whether or not the defendant was
guilty of crime.
Judge Hunt, however, refused and firmly announced, "The question,
gentlemen of the jury, in the form it finally takes, is wholly a
question or questions of law, and I have decided as a question of law,
in the first place, that under the Fourteenth Amendment which Miss
Anthony claims protects her, she was not protected in a right to vote.
"And I have decided also," he continued, "that her belief and the
advice which she took does not protect her in the act which she
committed. If
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