der a verdict of guilty against the
defendant.

The defendant's counsel excepted to the decision of the Court upon the
legal questions to its refusal to submit the case to the jury: to its
refusal to give the instructions asked; and to its direction to the jury
to find a verdict of guilty against the defendant--the counsel insisting
that it was a direction which no Court had a right to give in a criminal
case.

The Court then instructed the clerk to take the verdict, and the clerk
said, "Gentlemen of the jury, hearken to the verdict as the Court hath
recorded it. You say you find the defendant guilty of the offence
charged. So say you all."

No response whatever was made by the jury, either by word or sign. They
had not consulted together in their seats or otherwise. Neither of them
had spoken a word. Nor had they been asked whether they had or had not
agreed upon a verdict.

The defendant's counsel then asked that the clerk be requested to poll
the jury. The Court said, "that cannot be allowed. Gentlemen of the
jury, you are discharged," and the jurors left the box. No juror spoke a
word during the trial, from the time they were impanelled to the time of
their discharge.

Now I respectfully submit, that in these proceedings the defendant has
been substantially denied her constitutional right of trial by jury. The
jurors composing the panel have been merely silent spectators of the
conviction of the defendant by the Court. They have had no more share in
her trial and conviction than any other twelve members of the jury
summoned to attend this Court, or any twelve spectators who have sat by
during the trial. If such course is allowable in this case, it must be
equally allowable in all criminal cases, whether the charge be for
treason, murder or any minor grade of offence which can come under the
jurisdiction of a United States court; and as I understand it, if
correct, substantially abolishes the right of trial by jury.

It certainly does so in all those cases, where the judge shall be of the
opinion that the facts which he may regard as clearly proved, lead
necessarily to the guilt of the defendant. Of course by refusing to
submit any question to the jury, the judge refuses to allow counsel to
address the jury in the defendant's behalf.

The constitutional provisions which I insist are violated by this
proceeding are the following:

Constitution of the United States, article 3, section 2. "The trial of
all cr