but is one which applies to the States. I suppose that it is for the
jury to determine whether the defendant is guilty of a crime or not. And
I therefore ask your Honor to submit to the jury these propositions:

First--If the defendant, at the time of voting, believed that she had a
right to vote and voted in good faith in that belief, she is not guilty
of the offense charged.

Second--In determining the question whether she did or did not believe
that she had a right to vote, the jury may take into consideration, as
bearing upon that question, the advice which she received from the
counsel to whom she applied.

Third--That they may also take into consideration, as bearing upon the
same question, the fact that the inspectors considered the question and
came to the conclusion that she had a right to vote.

Fourth--That the jury have a right to find a general verdict of guilty
or not guilty as they shall believe that she has or has not committed
the offense described in the Statute.

A professional friend sitting by has made this suggestion which I take
leave to avail myself of as bearing upon this question: "The Court has
listened for many hours to an argument in order to decide whether the
defendant has a right to vote. The arguments show the same question has
engaged the best minds of the country as an open question. Can it be
possible that the defendant is to be convicted for acting upon such
advice as she could obtain while the question is an open and undecided
one?"

THE COURT: You have made a much better argument than that, sir.

JUDGE SELDEN: As long as it is an open question I submit that she has
not been guilty of an offense. At all events it is for the jury.

THE COURT: I cannot charge these propositions of course. 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 14th Amendment, which Miss Anthony
claims protects her, she was not protected in a right to vote. And I
have decided also that her belief and the advice which she took does
not protect her in the act which she committed. If I am right in this,
the result must be a verdict on your part of guilty, and I therefore
direct that you find a verdict of guilty.

JUDGE SELDEN: That is a direction no Court has power to make in a
criminal case.

THE COURT: Take the verdict, Mr. Clerk.

THE CLERK: Gentlemen of the jur