t be lawfully entitled to vote, or vote without having a lawful right
to vote, ... every such person shall be deemed guilty of a crime, and
shall for such crime be liable to prosecution in any court of the United
States, of competent jurisdiction, and, on conviction thereof, shall be
punished by a fine not exceeding $500 or by imprisonment for a term not
exceeding three years, or both, in the discretion of the Court, and
shall pay the costs of prosecution."

It appeared on the trial that before voting the defendant called upon a
respectable lawyer, and asked his opinion whether she had a right 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 faith, believing that she had such
right.

It also appeared that when she offered to vote, the question whether as
a woman she had a right to vote, was raised by the inspectors, and
considered by them in her presence, and they decided that she had a
right to vote, and received her vote accordingly.

It was also shown on the part of the government, that on the examination
of the defendant before the commissioner, on whose warrant she was
arrested, she stated that she should have voted, if allowed to vote,
without reference to the advice she had received from the attorney whose
opinion she had asked; that she was not influenced to vote by that
opinion; that she had before determined to offer her vote, and had no
doubt about her right to vote.

At the close of the testimony the defendant's counsel proceeded to
address the jury, and stated that he desired to present for
consideration three propositions, two of law and one of fact:

First--That the defendant had a lawful right to vote.

Second--That whether she had a lawful right to vote or not, it she
honestly believed that she had that right and voted in good faith in
that belief, she was guilty of no crime.

Third--That when she gave her vote she gave it in good faith, believing
that it was her right to do so.

That the two first propositions presented questions for the Court to
decide, and the last for the jury.

When the counsel had proceeded thus far, the Court suggested that the
counsel had better discuss in the first place the questions of law;
which the counsel proceeded to do, and having discussed the two legal
questions at length, asked leave then to say a few words to the jury on
the q