uestion of fact. The Court 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 Court delivered an
opinion adverse to the positions of the defendant's counsel upon both of
the legal questions presented, holding that the defendant 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
grounds of the decision on the last point being that she was bound to
know that by 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 Court upon these
questions was read from a written document.
At the close of the reading, the Court said that the decision of these
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, and proceeded to say 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 a verdict
of guilty.
At this point, before any entry had been made by the clerk, the
defendant's counsel asked the Court to submit the case to the jury, and
to give to the jury the following several instructions:
First--That 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 offence 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 been guilty
of the offense described in the statute.
The Court declined to submit the case to the jury upon any question
whatever, and directed them to ren
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