ecision on the last point being that she was bound to know that
by law she was not a legal voter, and that even if she voted in
good faith in the contrary belief, it constituted no defense to
the crime with which she was charged. The decision of the court
upon these questions was read from a written document.

At the close of the reading, the Court said that the decision of
these questions disposed of the case and left no question of fact
for the jury, and that he should therefore direct the jury to
find a verdict of guilty, and proceeded to say to the jury that
the decision of the Court had disposed of all there was in the
case, and that he directed them to find a verdict of guilty, and
he instructed the clerk to enter a verdict of guilty.

At this point, before any entry had been made by the clerk, the
defendant's counsel asked the Court to submit the case to the
jury, and to give to the jury the following several instructions:
[Here Judge Selden repeated the instructions. See page 665.]

The Court declined to submit the case to the jury upon any
question whatever, and directed them to render a verdict of
guilty against the defendant. The defendant's counsel excepted to
the decision of the Court upon the legal questions--to its
refusal to submit the case to the jury; to its refusal to give
the instructions asked; and to its direction to the jury to find
a verdict of guilty against the defendant--the counsel insisting
that it was a direction which no Court had a right to give in a
criminal case.

The Court then instructed the clerk to take the verdict, and the
clerk said, "Gentlemen of the jury, hearken to the verdict as the
Court hath recorded it. You say you find the defendant guilty of
the offense charged. So say you all." No response whatever was
made by the jury, either by word or sign. They had not consulted
together in their seats or otherwise. None of them had spoken a
word. Nor had they been asked whether they had or had not agreed
upon a verdict. The defendant's counsel then asked that the clerk
be requested to poll the jury. The Court said, "That can not be
allowed. Gentlemen of the jury, you are discharged," and the
jurors left the box. No juror spoke a word during the trial, from
the time they were impaneled to the time of the