evidence is out, and it will be for you to decide
under the charge of his honor, the Judge, whether or not the defendant
committed the offence of voting for a representative in Congress upon
that occasion. We think, on the part of the Government, that there is no
question about it either one way or the other, neither a question of
fact, nor a question of law, and that whatever Miss Anthony's intentions
may have been--whether they were good or otherwise--she did not have a
right to vote upon that question, and if she did vote without having a
lawful right to vote, then there is no question but what she is guilty
of violating a law of the United States in that behalf enacted by the
Congress of the United States.
We don't claim in this case, gentlemen, that Miss Anthony is of that
class of people who go about "repeating." We don't claim that she went
from place to place for the purpose of offering her vote. But we do
claim that upon the 5th of November, 1872, she voted, and whether she
believed that she had a right to vote or not, it being a question of
law, that she is within the Statute.
Congress in 1870 passed the following statute: (Reads 19th Section of
the Act of 1870, page 144, 16th statutes at large.)
It is not necessary for me, gentlemen, at this stage of the case, to
state all the facts which will be proven on the part of the Government.
I shall leave that to be shown by the evidence and by the witnesses, and
if any question of law shall arise his Honor will undoubtedly give you
instructions as he shall deem proper.
_Conceded_, that on the 5th day of November, 1872, Miss Susan B. Anthony
was a woman.
BEVERLY W. JONES, a witness, called in behalf of the United States,
having been duly sworn, testified as follows:
_Examined_ by Mr. Crowley:
Q. Mr. Jones, where do you reside?
A. 8th ward, Rochester.
Q. Where were you living on the 5th of November, 1872?
A. Same place.
Q. Do you know the defendant, Miss Susan B. Anthony?
A. Yes, sir.
Q. In what capacity were you acting upon that day, if any, in relation
to elections?
A. Inspector of election.
Q. Into how many election districts is the 8th ward divided, if it
contains more than one?
A. Two, sir.
Q. In what election district were you inspector of elections?
A. The first district.
Q. Who were inspectors with you?
A. Edwin T. Marsh and William B. Hall.
Q. Had the Board of Inspectors been regularly organized?
A. Yes, si
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