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
Here a young man, innocent so far as his conduct in this case was
involved, was condemned, for acting in good faith upon the advice,
(mistaken advice it may be conceded,) of one governor and two lawyers to
whom he applied for information as to his rights; and this condemnation
has proceeded upon the assumed ground, conceded to be false in fact,
that he knew the advice given to him was wrong. On this judicial fiction
the young man, in the name of justice, is sent to prison, punished for a
mere mistake, and a mistake made in pursuance of such advice. It cannot
be, consistently with the radical principles of criminal law to which I
have referred, and the numerous authorities which I have quoted, that
this man was guilty of a crime, that his _mistake_ was a crime, and I
think the judges who pronounced his condemnation, upon their own
principles, better than their victim, deserved the punishment which they
inflicted.
The condemnation of Miss Anthony, her good faith being conceded, would
do no less violence to any fair administration of justice.
One other matter will close what I have to say. Miss Anthony believed,
and was advised that she had a right to vote. She may also have been
advised, as was clearly the fact, that the question as to her right
could not be brought before the courts for trial, without her voting or
offering to vote, and if either was criminal, the one was as much so as
the other. Therefore she stands, now arraigned as a criminal, for taking
the only steps by which it was possible to bring the great
constitutional question as to her right, before the tribunals of the
country for adjudication. If for thus acting, in the most perfect good
faith, with motives as pure and impulses as noble as any which can find
place in your honor's breast in the administration of justice, she is by
the laws of her country to be condemned as a criminal, she must abide
the consequences. Her condemnation, however, under such circumstances,
would only add another most weighty reason to those which I have already
advanced, to show that women need the aid of the ballot for their
protection.
Upon the remaining question, of the good faith of the defendant, it is
not necessary for me to speak. That she acted in the most perfect good
faith stands conceded.
Thanking your honor for the great patience with which you have listened
to my too extended remarks, I submit the legal questions which the case
involves for your honor's consideration.
* * *
THE COURT addressed the jury as follows:
_Gentlemen of the Jury_:
I have given this case such consideration as I have been able to, and,
that there might be no misapprehension about my views, I have made a
brief statement in writing.
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