class="c8">U.S. Attorney.

UNITED STATES

CIRCUIT COURT.

Northern District of New York.

THE UNITED STATES OF AMERICA

vs.

SUSAN B. ANTHONY.

Hon. WARD HUNT, Presiding.

APPEARANCES.

For the United States:

Hon. Richard Crowley.
U.S. District Attorney.

For the Defendant:

Hon. Henry R. Selden.
John Van Voorhis, Esq.

Tried at Canandaigua. Tuesday and Wednesday, June 17th and 18th, 1873, before Hon. Ward Hunt, and a jury.

Jury impanneled at 2:30 p.m.

Mr. Crowley opened the case as follows:

May it please the Court and Gentlemen of the Jury:

On the 5th of November, 1872, there was held in this State, as well as in other States of the Union, a general election for different officers, and among those, for candidates to represent several districts of this State in the Congress of the United States. The defendant, Miss Susan B. Anthony, at that time resided in the city of Rochester, in the county of Monroe, Northern District of New York, and upon the 5th day of November, 1872, she voted for a representative in the Congress of the United States, to represent the 29th Congressional District of this State, and also for a representative at large for the State of New York, to represent the State in the Congress of the United States. At that time she was a woman. I suppose there will be no question about that. The question in this case, if there be a question of fact about it at all, will, in my judgment, be rather a question of law than one of fact. I suppose that there will be no question of fact, substantially, in the case when all of the evidence is out, and it will be for you to decide under the charge of his honor, the Judge, whether or not the defendant committed the offence of voting for a representative in Congress upon that occasion. We think, on the part of the Government, that there is no question about it either one way or the other, neither a question of fact, nor a question of law, and that whatever Miss Anthony's intentions may have been—whether they were good or otherwise—she did not have a right to vote upon that question, and if she did vote without having a lawful right to vote, then there is no question but what she is guilty of violating a law of the United States in that behalf enacted by the Congress of the United States.

We don't claim in this case, gentlemen, that Miss Anthony is of that class of people who go about "repeating." We don't claim that she went from place to place for the purpose of offering her vote. But we do claim that upon the 5th of November, 1872, she voted, and whether she believed that she had a right to vote or not, it being a question of law, that she is within the Statute.

Congress in 1870 passed the following statute: (Reads 19th Section of the Act of 1870, page 144, 16th statutes at large.)

It is not necessary for me, gentlemen, at this stage of the case, to state all the facts which will be proven on the part of the Government. I shall leave that to be shown by the evidence and by the witnesses, and if any question of law shall arise his Honor will undoubtedly give you instructions as he shall deem proper.

Conceded, that on the 5th day of November, 1872, Miss Susan B. Anthony was a woman.

Beverly W. Jones, a witness, called in behalf of the United States, having been duly sworn, testified as follows:

Examined by Mr. Crowley:

Q. Mr. Jones, where do you reside?

A. 8th ward, Rochester.

Q. Where were you living on the 5th of November, 1872?

A. Same place.

Q. Do you know the defendant, Miss Susan B. Anthony?

A. Yes, sir.

Q. In what capacity were you acting upon that day, if any, in relation to elections?

A. Inspector of election.

Q. Into how many election districts is the 8th ward divided, if it contains more than one?

A. Two, sir.

Q. In what election district were you inspector of elections?

A. The first district.

Q. Who were inspectors with you?

A. Edwin T. Marsh and William B. Hall.

Q. Had the Board of Inspectors been regularly organized?

A. Yes, sir.

Q. Upon the 5th day of November, did the defendant, Susan B. Anthony, vote in the first election district of the 8th ward of the city of Rochester?

A. Yes, sir.

Q. Did you see her vote?

A. Yes, sir.

Q. Will you state to the jury what tickets she voted, whether State, Assembly, Congress and Electoral?

Objected to as calling for a conclusion.

Q. State what tickets she voted, if you know, Mr. Jones?

A. If I recollect right she voted the Electoral ticket, Congressional ticket, State ticket, and Assembly ticket.

Q. Was there an election for Member of Congress for that district and for Representative at Large in Congress, for the State of New York, held on the 5th of November, in the city of Rochester?

A. I think there was; yes, sir.

Q. In what Congressional District was the city of Rochester at the time?

A. The 29th.

Q. Did you receive the tickets from Miss Anthony?

A. Yes, sir.

Q. What did you do with them when you received them?

A. Put them in the separate boxes where they belonged.

Q. State to the jury whether you had separate boxes for the several tickets voted in that election district?

A. Yes, sir; we had.

Q. Was Miss Anthony challenged upon that occasion?

A. Yes, sir—no; not on that day she wasn't.

Q. She was not challenged on the day she voted?

A. No, sir.

Cross-Examination by Judge Selden:

Q. Prior to the election, was there a registry of voters in that district made?

A. Yes, sir.

Q. Was you one of the officers engaged in making that registry?

A. Yes, sir.

Q. When the registry was being made did Miss Anthony appear before the Board of Registry and claim to be registered as a voter?

A. She did.

Q. Was there any objection made, or any doubt raised as to her right to vote?

A. There was.

Q. On what ground?

A. On the ground that the Constitution of the State of New York did not allow women to vote.

Q. What was the defect in her right to vote as a citizen?

A. She was not a male citizen.

Q. That she was a woman?

A. Yes, sir.

Q. Did the Board consider that and decide that she was entitled to register?

Objected to. Objection overruled.

Q. Did the Board consider the question of her right to registry, and decide that she was entitled to registry as a voter?

A. Yes, sir.

Q. And she was registered accordingly?

A. Yes, sir.

Q. When she offered her vote, was the same objection brought up in the Board of Inspectors, or question made of her right to vote as a woman?

A. She was challenged previous to election day.

Q. It was canvassed previous to election day between them?

A. Yes, sir; she was challenged on the second day of registering names.

Q. At the time of the registry, when her name was registered, was the Supervisor of Election present at the Board?

A. He was.

Q. Was he consulted upon the question of whether she was entitled to registry, or did he express an opinion on the subject to the inspectors?

Mr. Crowley: I submit that it is of no consequence whether he did or not.

Judge Selden: He was the Government Supervisor under this act of Congress.