nativity because of the injustice of its laws?"
Miss Anthony's trial closed on Wednesday and she remained in
Canandaigua to attend that of the three inspectors, which followed at
once. She was called as a witness and inquired of Judge Hunt: "I should
like to know if the testimony of a person convicted of a crime can be
taken?" "They call you as a witness, madam," was his brusque reply.
Later, thinking to trap her, he asked, "You presented yourself as a
female, claiming that you had a right to vote?" Quick as a flash came
her answer: "I presented myself not as a female, sir, but as a citizen
of the United States. I was called to the ballot-box by the Fourteenth
Amendment, not as a female but as a citizen."
The inspectors were defended by Mr. Van Voorhis but, after the
testimony was introduced, the judge refused to allow him to address the
jury. He practically directed them to bring in a verdict of guilty,
saying, "You can decide it here or go out." The jury returned a verdict
of guilty. The motion for a new trial was denied. One of the inspectors
(Hall) had been tried and convicted without being brought into court.
They were fined $25 each and the costs of the prosecution but, although
neither was paid, they were not imprisoned at that time.
When asked for his opinion on the case, after a lapse of twenty-four
years, Mr. Van Voorhis gave the following:
There never before was a trial in the country of one-half the
importance of this of Miss Anthony's. That of Andrew Johnson had no
issue which could compare in value with the one here at stake. If
Miss Anthony had won her case on the merits, it would have
revolutionized the suffrage of the country and enfranchised every
woman in the United States. There was a pre-arranged determination
to convict her. A jury trial was dangerous, and so the Constitution
was openly and deliberately violated.
The Constitution makes the jury, in a criminal case, the judges of
the law and of the facts. No matter how clear or how strong the
case may appear to the judge, it must be submitted to the jury.
That is the mandate of the Constitution. As no one can be convicted
of crime except upon trial by jury, it follows that the jury are
entitled to pass upon the law as well as the facts. The judge can
advise the jury on questions of law. He can legally do no more. If
he control the jury and direct a verdict of guilty, he himsel
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