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Police say he freely gave the confession; Davis says it was coerced. When your petitioner’s counsel had proceeded up to now, the judge advised that the counsel had better talk about, in the first place, the questions of law, which the counsel proceeded to do; and, having discussed the 2 legal questions at length, asked then to say a number of phrases to the jury on the query of fact. The judge then mentioned to the counsel that he thought that had higher be left till the views of the courtroom upon the authorized questions needs to be made identified. The district lawyer thereupon addressed the court docket at length upon the legal questions, and on the shut of his argument the judge delivered an opinion hostile to the positions of your petitioner’s counsel upon each of the legal questions offered, holding that your petitioner was not entitled to vote; and that if she voted in good religion in the assumption in indisputable fact that she had a right to vote, it could constitute no protection; the ground of the decision on the last point being that your petitioner was bound to know that by the regulation she was not a legal voter, and that even when she voted in good faith in the opposite belief, it constituted no defense to the crime with which she was charged.
The decision of the judge upon these questions was learn from a written document, and on the shut of the reading the decide mentioned that the decision of these questions disposed of the case and left no query of truth for the jury, and that he ought to subsequently direct the jury to discover a verdict of responsible towards your petitioner. The Court: If that gentleman needs to ask any questions in respect to the questions of legislation, or the information in the case, I’ll give him any info he wishes. It is kind of correct, if any gentleman has doubts about anything, both as to the regulation or the details, that he should state it to the Court. The petition of Susan B. Anthony, of town of Rochester, in the county of Monroe, and State of latest York, respectfully represents: That, previous to the late presidential election, your petitioner applied to the Board of Registry within the Eighth Ward of town of Rochester, through which metropolis she had resided for greater than twenty-5 years, to have her identify placed upon the register of voters; and the Board of Registry, after consideration of the topic, determined that your petitioner was entitled to have her name placed upon the register, and placed it there accordingly.
To that indictment your petitioner pleaded not responsible, and the trial of the issue thus joined took place at the Circuit Court in Canandaigua, in the county of Ontario, earlier than the Honorable Ward Hunt, one of the Justices of the Supreme Court of the United States, on the 18th day of June final. Edwin T. Marshsaid: In October final, simply previous to the time fastened for the sitting of the Board of Registrars in the primary district of the eighth ward of Rochester, a vacancy occurred. On the morning of the primary day of the final session of the board, Miss Anthony and different women presented themselves and claimed the suitable to be registered. Hinge last 12 months; they have been collectively for three months and even met every other’s dad and mom. That the two first propositions introduced questions for the courtroom to resolve, and the final question for the jury. A Juror: I do not want to ask any questions. Mr. Van Voorhis: Then why should it go to the jury? The clerk referred to as the names of the jury. It was proven on behalf of your petitioner, on the trial, that earlier than voting she called upon a respectable lawyer and asked his opinion whether she had a proper to vote, and he advised her that she had such right, and the lawyer was examined as a witness in her behalf, and testified that he gave her such advice, and that he gave it in good religion, be lieving that she had such right.
I had never given the matter a thought till known as to the place, and as a consequence knew nothing of the regulation. The Court: As a matter of type. Mr. Van Voorhis: And that on this nation-under the legal guidelines of this nation-The Court: That is enough-you want not argue it, Mr. Van Voorhis. Mr. Van Voorhis: I ask your honor to instruct the jury that in the event that they discover these inspectors acted honestly, in accordance with their finest judgment, they ought to be acquitted. I ask your honor to cost the jury that they must find the truth that these inspectors obtained the votes of those individuals knowingly, and that such votes have been votes for some individual for member of Congress, there being in the case no proof that any man was voted for, for member of Congress, and there being no evidence besides that secret ballots had been received; that the jury have a proper to seek out for the defendants, in the event that they select.