Representative in the Congress of the United
States for the State of New York at large, and a Representative in the
Congress of the United States for the twenty-ninth Congressional
District of the State of New York, said first election district of said
eighth ward of said city of Rochester, being then and there a part of
said twenty-ninth Congressional District of the State of New York, did
knowingly, wrongfully and unlawfully vote for a Representative in the
Congress of the United States for the State of New York at large, and
for a Representative in the Congress of the United States for said
twenty-ninth Congressional District, without having a lawful right to
vote in said election district (the said Susan B. Anthony being then and
there a person of the female sex,) as she, the said Susan B. Anthony
then and there well knew, contrary to the form of the statute of the
United States of America in such case made and provided, and against
the peace of the United States of America and their dignity.
Second Count--And the jurors aforesaid upon their oaths aforesaid do
further present that said Susan B. Anthony, now or late of Rochester, in
the county of Monroe, with force and arms, etc., to-wit: at and in the
first election district of the eighth ward of the city of Rochester, in the
county of Monroe, in said Northern District of New York, and within
the jurisdiction of this Court, heretofore, to-wit: on the fifth day of
November, in the year of our Lord one thousand eight hundred and
seventy-two, at an election duly held at and in the first election district
of the said eighth ward, of said city of Rochester, in said county, and in
said Northern District of New York, which said election was for
Representatives in the Congress of the United States, to-wit: a
Representative in the Congress of the United States for the State of
New York at large, and a Representative in the Congress of the United
States for the twenty-ninth Congressional District of the State of New
York, said first election district of said eighth ward, of said city of
Rochester, being then and there a part of said twenty-ninth
Congressional District of the State of New York, did knowingly,
wrongfully and unlawfully vote for a candidate for Representative in
the Congress of the United States for the State of New York at large,
and for a candidate for Representative in the Congress of the United
States for said twenty-ninth Congressional District, without having a
lawful right to vote in said first election district (the said Susan B.
Anthony being then and there a person of the female sex,) as she, the
said Susan B. Anthony then and there well knew, contrary to the form
of the statute of the United States of America in such case made and
provided, and against the peace of the United States of America and
their dignity.
RICHARD CROWLEY,
Attorney of the United States, For the Northern District Of New York.
(Endorsed.) Jan. 24, 1873.
Pleads not guilty.
RICHARD CROWLEY, 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,
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