HIS: I claim the right to address the jury.
THE COURT: I don't think there is anything upon which you can
legitimately address the jury.
Gentlemen, the defendants are charged with knowingly, willfully and
wrongfully receiving the votes of the ladies whose names are mentioned,
in November last, in the City of Rochester. They are charged in the same
indictment with willfully and improperly registering those ladies. I
decided in the case this morning, which many of you heard, probably,
that under the law as it stands the ladies who offered their votes had
no right to vote whatever. I repeat that decision, and I charge you that
they had no right to offer their votes. They having no right to offer
their votes, the inspectors of election ought not to receive them. The
additional question exists in this case whether the fact that they acted
as inspectors will relieve them from the charge in this case. You have
heard the views which I have given upon that. I think they are
administrative officers. I charge you that they are administrative and
ministerial officers in this respect, that they are not judicial
officers whose action protects them, and that therefore they are liable
in this case. But, instead of doing as I did in the case this
morning--directing a verdict--I submit the case to you with these
instructions, and you can decide it here, or you may go out.
MR. VAN VOORHIS: I ask your Honor to instruct the jury that if they find
these inspectors acted honestly, in accordance with their best judgment,
they should be acquitted.
THE COURT: I have expressly ruled to the contrary of that, gentlemen;
that that makes no difference.
MR. VAN VOORHIS: And that in this country--under the laws of this
country--
THE COURT: That is enough--you need not argue it, Mr. Van Voorhis.
MR. VAN VOORHIS: Then I ask your Honor to charge the jury that they must
find the fact that these inspectors received the votes of these persons
knowingly, and that such votes were votes for some person for member of
Congress, there being in the case no evidence that any man was voted
for, for member of Congress, and there being no evidence except that
secret ballots were received; that the jury have a right to find for the
defendants, if they choose.
THE COURT: I charge the jury that there is sufficient evidence to
sustain the indictment, upon this point.
MR. VAN VOORHIS: I ask your Honor also to charge the jury that there is
sufficient evid
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