An Account of the Proceedings on the Trial of Susan B. Anthony | Page 4

and it will be for you to decide under the charge
of his honor, the Judge, whether or not the defendant committed the
offence of voting for a representative in Congress upon that occasion.
We think, on the part of the Government, that there is no question
about it either one way or the other, neither a question of fact, nor a

question of law, and that whatever Miss Anthony's intentions may have
been--whether they were good or otherwise--she did not have a right to
vote upon that question, and if she did vote without having a lawful
right to vote, then there is no question but what she is guilty of
violating a law of the United States in that behalf enacted by the
Congress of the United States.
We don't claim in this case, gentlemen, that Miss Anthony is of that
class of people who go about "repeating." We don't claim that she went
from place to place for the purpose of offering her vote. But we do
claim that upon the 5th of November, 1872, she voted, and whether she
believed that she had a right to vote or not, it being a question of law,
that she is within the Statute.
Congress in 1870 passed the following statute: (Reads 19th Section of
the Act of 1870, page 144, 16th statutes at large.)
It is not necessary for me, gentlemen, at this stage of the case, to state
all the facts which will be proven on the part of the Government. I shall
leave that to be shown by the evidence and by the witnesses, and if any
question of law shall arise his Honor will undoubtedly give you
instructions as he shall deem proper.
Conceded, that on the 5th day of November, 1872, Miss Susan B.
Anthony was a woman.
BEVERLY W. JONES, a witness, called in behalf of the United States,
having been duly sworn, testified as follows:
Examined by Mr. Crowley:
Q. Mr. Jones, where do you reside?
A. 8th ward, Rochester.
Q. Where were you living on the 5th of November, 1872?
A. Same place.

Q. Do you know the defendant, Miss Susan B. Anthony?
A. Yes, sir.
Q. In what capacity were you acting upon that day, if any, in relation to
elections?
A. Inspector of election.
Q. Into how many election districts is the 8th ward divided, if it
contains more than one?
A. Two, sir.
Q. In what election district were you inspector of elections?
A. The first district.
Q. Who were inspectors with you?
A. Edwin T. Marsh and William B. Hall.
Q. Had the Board of Inspectors been regularly organized?
A. Yes, sir.
Q. Upon the 5th day of November, did the defendant, Susan B.
Anthony, vote in the first election district of the 8th ward of the city of
Rochester?
A. Yes, sir.
Q. Did you see her vote?
A. Yes, sir.
Q. Will you state to the jury what tickets she voted, whether State,
Assembly, Congress and Electoral?

Objected to as calling for a conclusion.
Q. State what tickets she voted, if you know, Mr. Jones?
A. If I recollect right she voted the Electoral ticket, Congressional
ticket, State ticket, and Assembly ticket.
Q. Was there an election for Member of Congress for that district and
for Representative at Large in Congress, for the State of New York,
held on the 5th of November, in the city of Rochester?
A. I think there was; yes, sir.
Q. In what Congressional District was the city of Rochester at the time?
A. The 29th.
Q. Did you receive the tickets from Miss Anthony?
A. Yes, sir.
Q. What did you do with them when you received them?
A. Put them in the separate boxes where they belonged.
Q. State to the jury whether you had separate boxes for the several
tickets voted in that election district?
A. Yes, sir; we had.
Q. Was Miss Anthony challenged upon that occasion?
A. Yes, sir--no; not on that day she wasn't.
Q. She was not challenged on the day she voted?
A. No, sir.
Cross-Examination by Judge Selden:

Q. Prior to the election, was there a registry of voters in that district
made?
A. Yes, sir.
Q. Was you one of the officers engaged in making that registry?
A. Yes, sir.
Q. When the registry was being made did Miss Anthony appear before
the Board of Registry and claim to be registered as a voter?
A. She did.
Q. Was there any objection made, or any doubt raised as to her right to
vote?
A. There was.
Q. On what ground?
A. On the ground that the Constitution of the State of New York did
not allow women to vote.
Q. What was the defect in her right to vote as a citizen?
A. She