disputed.
THE WITNESS: I would like to say, if I might be allowed by the Court,
that the general impression that I swore I was a male citizen, is an
erroneous one.
By MR. VAN VOORHIS:
Q. You took the two oaths there, did you?
A. Yes, sir.
By THE COURT:
Q. You presented yourself as a female, claiming that you had a right to
vote?
A. I presented myself not as a female at all, sir; I presented myself as
a citizen of the United States. I was called to the United States ballot
box by the 14th amendment, not as a female, but as a citizen, and I went
there.
MR. VAN VOORHIS: We have a number of witnesses to prove what occurred at
the time of registry, and what advice was given by these federal
supervisors, but under your Honor's ruling it is not necessary for us to
call them. Inasmuch as Mr. Hall is absent, I ask permission to put in
his evidence as he gave it before the Commissioners.
MR. CROWLEY: I have not read it, your Honor, but I am willing they
should use so much of it as is competent under your Honor's ruling.
THE COURT: Will it change the case at all, Mr. Van Voorhis?
MR. VAN VOORHIS: It only varies it a little as to Hall. He stated that
he depended in consenting to the registry, upon the advice of Mr.
Warner, who was his friend, and upon whom he looked as a political
father.
THE COURT: I think you have all the question that any evidence could
give you in the case. These men have sworn that they acted honestly, and
in accordance with their best judgment. Now, if that is a defense, you
have it, and it will not make it any stronger to multiply evidence.
MR. VAN VOORHIS: I suppose it will be conceded that Hall stands in the
same position as to his motives?
MR. CROWLEY: Yes; we have no evidence to offer upon that question at
all.
_Evidence closed._
* * *
Mr. Van Voorhis addressed the Court at some length, as follows:
May it please the Court, I submit that there is no ground whatever to
charge these defendants with any criminal offense.
1. Because the women who voted were legal voters.
2. Because they were challenged and took the oaths which the statute
requires of Electors, and the Inspectors had no right, after such oath,
to reject their votes.
1 R.S. Edmonds Ed., 126-127.
The duty of Inspectors of Election is defined by the Statute as follows:
"Sec. 13. If any person offering to vote at any election shall be
challenged in relation
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