The United States Commissioner fixed their bail at $500 each. All furnished bail but Susan, who through her counsel, Henry R. Selden, applied for a writ of habeas corpus, demanding immediate release and challenging the lawfulness of her arrest. When a writ of habeas corpus was denied and her bail increased to $1,000 by United States District Judge Nathan K. Hall, sitting in Albany, Susan was more than ever determined to resist the interference of the courts in her constitutional right as a citizen to vote. She refused to give bail, emphatically stating that she preferred prison. Seeing no heroism but only disgrace in a jail term for his client and unwilling to let her bring this ignominy upon herself. Henry Selden chivalrously assured her that this was a time when she must be guided by her lawyer's advice, and he paid her bail. Ignorant of the technicalities of the law, she did not realize the far-reaching implications of this well-intentioned act until they left the courtroom and in the hallway met tall vigorous John Van Voorhis of Rochester who was working on the case with Judge Selden. With the impatience of a younger man, eager to fight to the finish, he exclaimed, "You have lost your chance to get your case before the Supreme Court by writ of habeas corpus!"[295] Aghast, Susan rushed back to the courtroom, hoping to cancel the bond, but it was too late. Bitterly disappointed, she remonstrated with Henry Selden, but he quietly replied, "I could not see a lady I respected in jail." She never forgave him for this, in spite of her continued appreciation of his keen legal mind, his unfailing kindness, and his willingness to battle for women. Within a few days she appeared before the Federal Grand Jury in Albany and was indicted on the charge that she "did knowingly, wrongfully and unlawfully vote for a Representative in the Congress of the United States...."[296] Her trial was set for the term of the United States District Court, beginning May 13, 1873, in Rochester, New York. [Illustration: Judge Henry R. Selden]