An Account of the Proceedings on the Trial of Susan B. Anthony

An Account of the Proceedings
on the Trial
by Anonymous

The Project Gutenberg EBook of An Account of the Proceedings on the
Trial
of Susan B. Anthony, by Anonymous This eBook is for the use of
anyone anywhere at no cost and with almost no restrictions whatsoever.
You may copy it, give it away or re-use it under the terms of the Project
Gutenberg License included with this eBook or online at
www.gutenberg.org
Title: An Account of the Proceedings on the Trial of Susan B. Anthony
Author: Anonymous
Release Date: April 28, 2006 [EBook #18281]
Language: English
Character set encoding: ISO-8859-1
*** START OF THIS PROJECT GUTENBERG EBOOK TRIAL OF
SUSAN B. ANTHONY ***

Produced by Marilynda Fraser-Cunliffe, Graeme Mackreth and the
Online Distributed Proofreading Team at http://www.pgdp.net (This
file was made using scans of public domain works from the University
of Michigan Digital Libraries.)

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.
ROCHESTER, N.Y.: DAILY DEMOCRAT AND CHRONICLE
BOOK PRINT, 3 WEST MAIN ST. 1874.

INDEX.
PAGE.
Anthony, S.B., Indictment, 1 Her speech on receiving her sentence, 82

Her campaign speech, 151
Crowley, Richard, Opening speech in Miss Anthony's case, 5
Gage, Mrs. M. Joslyn, Speech of 179
Hall, Wm. B., Indictment, 85
Hooker, John, Article on Judge Hunt and the Right of Trial by Jury,
206
Hunt, Judge, Opinion against Miss Anthony, 59 His refusal to submit
her case to the jury, 68 His refusal to permit the jury to be polled, 68
His sentence of Miss Anthony, 81 His direction to the jury in the cases
of Jones, Hall and Marsh, 144 Trial by jury "a matter of form", 145
Jones, Beverly W., Indictment, 85 Remarks on receiving sentence, 148
Marsh, Edwin T., Indictment, 85 Remarks on being sentenced, 149
Selden, H.R., Opening speech in Miss Anthony's case, 12 Argument in
her case, 17 Argument on motion for new trial, 68
Van Voorhis, John, Argument of motion to quash the indictment in the
case of Jones, Marsh and Hall, 94 Argument in the case of Jones,
Marsh and Hall on the merits, 128 Motion for new trial in the case of
Jones, Marsh and Hall, 147

PREFACE.
At the election of President and Vice President of the United States,
and members of Congress, in November, 1872, SUSAN B.
ANTHONY, and several other women, offered their votes to the
inspectors of election, claiming the right to vote, as among the
privileges and immunities secured to them as citizens by the fourteenth
amendment to the Constitution of the United States. The inspectors,
JONES, HALL, and MARSH, by a majority, decided in favor of

receiving the offered votes, against the dissent of HALL, and they were
received and deposited in the ballot box. For this act, the women,
fourteen in number, were arrested and held to bail, and indictments
were found against them severally, under the 19th Section of the Act of
Congress of May 30th, 1870, (16 St. at L. 144.) charging them with the
offense of "knowingly voting without having a lawful right to vote."
The three inspectors were also arrested, but only two of them were held
to bail, HALL having been discharged by the Commissioner on whose
warrant they were arrested. All three, however were jointly indicted
under the same statute--for having "knowingly and wilfully received
the votes of persons not entitled to vote."
Of the women voters, the case of Miss ANTHONY alone was brought
to trial, a nolle prosequi having been entered upon the other
indictments. Upon the trial of Miss ANTHONY before the U.S. Circuit
Court for the Northern District of New York, at Canandaigua, in June,
1873, it was proved that before offering her vote she was advised by
her counsel that she had a right to vote; and that she entertained no
doubt, at the time of voting, that she was entitled to vote. It was
claimed in her behalf:
I. That she was legally entitled to vote.
II. That if she was not so entitled, but voted in good faith in the belief
that it was her right, she was guilty of no crime.
III. That she did vote in such good faith, and with such belief.
The court held that the defendant had no right to vote--that good faith
constituted no defence--that there was nothing in the case for the jury to
decide, and directed them to find a verdict of guilty; refusing to submit,
at the request of the defendant's counsel, any question to the jury, or to
allow the clerk to ask the jurors, severally,