148

Marsh, Edwin T., Indictment, 85
Remarks on being sentenced, 149

Selden, H.R., Opening speech in Miss Anthony's case, 12
Argument in her case, 17
Argument on motion for new trial, 68

Van Voorhis, John, Argument of motion to quash the indictment
in the case of Jones, Marsh and Hall, 94
Argument in the case of Jones, Marsh and Hall on the merits, 128
Motion for new trial in the case of Jones, Marsh and Hall, 147

PREFACE.

At the election of President and Vice President of the United States,
and members of Congress, in November, 1872, SUSAN B. ANTHONY, and
several other women, offered their votes to the inspectors of election,
claiming the right to vote, as among the privileges and immunities
secured to them as citizens by the fourteenth amendment to the
Constitution of the United States. The inspectors, JONES, HALL, and
MARSH, by a majority, decided in favor of receiving the offered votes,
against the dissent of HALL, and they were received and deposited in the
ballot box. For this act, the women, fourteen in number, were arrested
and held to bail, and indictments were found against them severally,
under the 19th Section of the Act of Congress of May 30th, 1870, (16 St.
at L. 144.) charging them with the offense of "knowingly voting without
having a lawful right to vote." The three inspectors were also arrested,
but only two of them were held to bail, HALL having been discharged by
the Commissioner on whose warrant they were arrested. All three, however
were jointly indicted under the same statute--for having "knowingly and
wilfully received the votes of persons not entitled to vote."

Of the women voters, the case of Miss ANTHONY alone was brought to
trial, a _nolle prosequi_ having been entered upon the other
indictments. Upon the trial of Miss ANTHONY before the U.S. Circuit
Court for the Northern District of New York, at Canandaigua, in June,
1873, it was proved that before offering her vote she was advised by her
counsel that she had a right to vote; and that she entertained no doubt,
at the time of voting, that she was entitled to vote. It was claimed in
her behalf:

I. That she was legally entitled to vote.

II. That if she was not so ent