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
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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
Let us first of all see precisely what were the facts. Miss Anthony was
charged with having knowingly voted, without lawful right to vote, at
the Congressional election in the eighth ward of the City of Rochester,
in the State of New York, in November, 1872. The Act of Congress under
which the prosecution was brought provides that, "If, at any election
for representative or delegate in the Congress of the United States, any
person shall knowingly personate and vote, or attempt to vote, in the
name of any other person, whether living, dead or fictitious, or vote
more than once at the same election for any candidate for the same
office, or vote at a place where he may not be lawfully entitled to
vote, or vote without having a lawful right to vote, every such person
shall be deemed guilty of a crime," &c.
The trial took place at Canandaigua, in the State of New York, in the
Circuit Court of the United States, before Judge Hunt, of the Supreme
Court of the United States.
The defendant pleaded not guilty--thus putting the Government upon the
proof of their entire case, admitting, however, that she was a woman,
but admitting nothing more.
The only evidence that she voted at all, and that, if at all, she voted
for a representative in Congress, offered on the part of the government,
was, that she handed four bits of paper, folded in the form of ballots,
to the inspectors, to be placed in the voting boxes. There was nothing
on the outside of these papers to indicate what they were, and the
contents were not known to the witnesses nor to the inspectors. There
were six ballot boxes, and each elector had the right to cast six
ballots.
This evidence would undoubtedly warrant the conclusion that Miss Anthony
voted for a Congressional representative, the fact probably appearing,
although the papers before the writer do not show it, that one of the
supposed ballots was placed by her direction in the box for votes for
Members of Congress. The facts are thus minutely stated, not at all for
the purpose of questioning their sufficiency, but to show how entirely
it was a question of fact, and therefore a question for the jury.
Upon this evidence Judge Hunt directed the clerk to enter up a verdict
of guilty. The counsel for the defendant interposed, but without effect,
the judge closing the discussion by saying, "Take the verdict, Mr.
Clerk." The clerk then said, "Gentlemen of the jury, hearken to your
verdict, as the Court has recorded it. You say you find the defendant
guilty of the offence whereof she stands indicted, and so say you all."
To this the jury made no response, and were immediately after dismissed.
Public-domain text, read in full here on John Shaqi.
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