of Congress, upon which it is framed.

2. The Court has no jurisdiction of the subject matter of the offense.

3. It was an error, for which a new trial should be granted, to refuse
the defendants the fundamental right to address the jury, through their
counsel. This is a right guaranteed by the United States Constitution.
(_See Article VI. of the amendments to the U.S. Constitution. 1 Graham &
Waterman on New Trials, pages 682, 683 and 684._)

4. The defendants were substantially deprived of the right of jury
trial. The instructions of the Court to the jury were imperative. They
were equivalent to a direction to find a verdict of guilty. It was said
by the Court in the hearing of the jury, that the case was submitted to
the jury "as a matter of form." The jury was not at liberty to exercise
its own judgment upon the evidence, and without committing a gross
discourtesy to the Court, could render no verdict except that of guilty.

5. Admitting that the defendants acted without malice, or any corrupt
motive, and in accordance with their best judgments, and in perfect good
faith, it was error to charge that that was no defense.

6. The defendants are admitted to have acted in accordance with their
duty as defined by the laws of New York (_1 R.S., Edmond's Ed., pp.
126-127, sections 13, 14, 15, 16, 17, 18 and 19_) as construed by the
Court of Appeals. (_People vs. Pease, 27 N.Y. 45._)

They are administrative officers and bound to regard only the evidence
which the Statute prescribes. They are not clothed with the power, to
reject the vote of a person who has furnished the evidence, which the
law requires, of right to vote, on what they or either of them might
know, as to the truth or falsity of such evidences. They have no
discretion, and must perform their duty, as it is defined by the laws of
New York and the decisions of her Courts.

7. The defendant, William B. Hall, has been tried and convicted in his
absence from the Court. This is an error fatal to the conviction in his
case.

The Court denied the motion.

The Court then asked the defendants if they had anything to say why
sentence should not be pronounced, in response to which Beverly W. Jones
said:

"Your honor has pronounced me guilty of crime; the jury had but little
to do with it. In the performance of my duties as an inspector of
election, which position I have held for the last four years, I acted
conscientiously, faithfully and according to the b