or assumes that, however honestly she may have
offered her vote, however sincerely she may have believed that she had a
right to vote, if she was mistaken in that judgment, her offering her
vote and its being received makes a criminal offence--a proposition to
me most abhorrent, as I believe it will be equally abhorrent to your
judgment.
Before the registration, and before this election, Miss Anthony called
upon me for advice upon the question whether, under the 14th Amendment
of the Constitution of the United States, she had a right to vote. I had
not examined the question. I told her I would examine it and give her my
opinion upon the question of her legal right. She went away and came
again after I had made the examination. I advised her that she was as
lawful a voter as I am, or as any other man is, and advised her to go
and offer her vote. I may have been mistaken in that, and if I was
mistaken, I believe she acted in good faith. I believe she acted
according to her right as the law and Constitution gave it to her. But
whether she did or not, she acted in the most perfect good faith, and if
she made a mistake, or if I made one, that is not a reason for
committing her to a felon's cell.
For the second time in my life, in my professional practice, I am under
the necessity of offering myself as a witness for my client.
HENRY R. SELDEN, a witness sworn in behalf of the defendant, testified
as follows:
Before the last election, Miss Anthony called upon me for advice, upon
the question whether she was or was not a legal voter. I examined the
question, and gave her my opinion, unhesitatingly, that the laws and
Constitution of the United States, authorized her to vote, as well as
they authorize any man to vote; and I advised her to have her name
placed upon the registry and to vote at the election, if the inspectors
should receive her vote. I gave the advice in good faith, believing it
to be accurate, and I believe it to be accurate still.
[This witness was not cross-examined.]
JUDGE SELDEN: I propose to call Miss Anthony as to the fact of her
voting--on the question of the intention or belief under which she
voted.
MR. CROWLEY: She is not competent as a witness in her own behalf.
[The Court so held.]
_Defendant rests._
JOHN E. POUND, a witness sworn in behalf of the United States, testified
as follows:
_Examined by_ MR. CROWLEY.
Q. During the months of November and December, 1872, and Janua
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