An Account of the Proceedings on the Trial of Susan B. Anthony, on the Charge of Illegal Voting, at the Presidential Election in Nov., 1872, and on the Trial of Beverly W. Jones, Edwin T. Marsh, and William B. Hall, the Inspectors of Election by Whom Her Vote was Received.Anonymous
History
An Account of the Proceedings on the Trial of Susan B. Anthony, on the Charge of Illegal Voting, at the Presidential Election in Nov., 1872, and on the Trial of Beverly W. Jones, Edwin T. Marsh, and William B. Hall, the Inspectors of Election by Whom Her Vote was Received.
Anonymous
Anthony, Susan B. (Susan Brownell), 1820-1906 -- Trials, litigation, etc.; Election law -- United States; Women -- Suffrage -- United States
Q. Did she, upon that occasion, state that she consulted or talked with
Judge Henry R. Selden, of Rochester, in relation to her right to vote?
JUDGE SELDEN: I object to that upon the ground that it is incompetent,
that if they refuse to allow her to be sworn here, they should be
excluded from producing any evidence that she gave elsewhere, especially
when they want to give the version which the United States officer took
of her evidence.
THE COURT: Go on.
By MR. CROWLEY:
Q. State whether she stated on that examination, under oath, that she
had talked or consulted with Judge Henry R. Selden in relation to her
right to vote?
A. She did.
Q. State whether she was asked, upon that examination, if the advice
given her by Judge Henry R. Selden would or did make any difference in
her action in voting, or in substance that?
A. She stated on the cross-examination, "I should have made the same
endeavor to vote that I did had I not consulted Judge Selden. I didn't
consult any one before I registered. I was not influenced by his advice
in the matter at all; have been resolved to vote, the first time I was
at home 30 days, for a number of years."
_Cross-examination by_ MR. VAN VOORHEES:
Q. Mr. Pound, was she asked there if she had any doubt about her right
to vote, and did she answer "Not a particle?"
A. She stated "Had no doubt as to my right to vote," on the direct
examination.
Q. There was a stenographic reporter there, was there not?
A. A reporter was there taking notes.
Q. Was not this question put to her "Did you have any doubt yourself of
your right to vote?" and did she not answer "Not a particle?"
THE COURT: Well, he says so, that she had no doubt of her right to vote.
JUDGE SELDEN: I beg leave to state, in regard to my own testimony, Miss
Anthony informs me that I was mistaken in the fact that my advice was
before her registry. It was my recollection that it was on her way to
the registry, but she states to me now that she was registered and came
immediately to my office. In that respect I was under a mistake.
_Evidence closed._
ARGUMENT OF MR. SELDEN FOR THE DEFENDANT.
The defendant is indicted under the 19th section of the Act of Congress
of May 31, 1870 (16 St. at L., 144,), for "voting without having a
lawful right to vote."
The words of the Statute, so far as they are material in this case, are
as follows:
"If at any election for representative or delegate in the Congress of
the United States, any person shall knowingly ... vote without having a
lawful right to vote ... every such person shall be deemed guilty of a
crime, ... and on conviction thereof shall be punished by a fine not
exceeding $500, or by imprisonment for a term not exceeding three years,
or by both, in the discretion of the court, and shall pay the costs of
prosecution."
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