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
MR. CROWLEY: I have not read it, your Honor, but I am willing they
should use so much of it as is competent under your Honor's ruling.
THE COURT: Will it change the case at all, Mr. Van Voorhis?
MR. VAN VOORHIS: It only varies it a little as to Hall. He stated that
he depended in consenting to the registry, upon the advice of Mr.
Warner, who was his friend, and upon whom he looked as a political
father.
THE COURT: I think you have all the question that any evidence could
give you in the case. These men have sworn that they acted honestly, and
in accordance with their best judgment. Now, if that is a defense, you
have it, and it will not make it any stronger to multiply evidence.
MR. VAN VOORHIS: I suppose it will be conceded that Hall stands in the
same position as to his motives?
MR. CROWLEY: Yes; we have no evidence to offer upon that question at
all.
_Evidence closed._
* * *
Mr. Van Voorhis addressed the Court at some length, as follows:
May it please the Court, I submit that there is no ground whatever to
charge these defendants with any criminal offense.
1. Because the women who voted were legal voters.
2. Because they were challenged and took the oaths which the statute
requires of Electors, and the Inspectors had no right, after such oath,
to reject their votes.
1 R.S. Edmonds Ed., 126-127.
The duty of Inspectors of Election is defined by the Statute as follows:
"Sec. 13. If any person offering to vote at any election shall be
challenged in relation to his right to vote at that election, by an
Inspector, or by any other person entitled to vote at the same
poll, one of the Inspectors shall tender to him the following
preliminary oath: 'You do swear (or affirm) that you will truly and
fully answer all such questions as shall be put to you touching
your place of residence and qualifications as an Elector.'"
"Sec. 14. The Inspectors or one of them shall then proceed to question
the person challenged in relation to his name; his then place of
residence; how long he has resided in the town or ward where the
vote is offered; what was the last place of his residence before he
came into that town or ward, and also as to his citizenship, and
whether a native or a naturalized citizen, and if the latter, when,
where, and in what court, or before what officer, he was
naturalized; whether he came into the town or ward for the purpose
of voting at that election; how long he contemplates residing in
the town or ward; and all such other questions as may tend to test
his qualifications as a resident of the town or ward, citizenship
and right to vote at that poll."
"Sec. 15. If any person shall refuse to take the said preliminary oath
when so tendered, or to answer fully any questions which shall be
so put to him, his vote shall be rejected."
Public-domain text, read in full here on John Shaqi.
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