An Account of the Proceedings on the Trial of Susan B. Anthony | Page 6

the
Constitution and laws of the Government under which she lives. If I
maintain that proposition, as a matter of course she has committed no
offence, and is entitled to be discharged at your hands.
But, beyond that, whether she was a legal voter or not, whether she was
entitled to vote or not, if she sincerely believed that she had a right to
vote, and offered her ballot in good faith, under that belief, whether
right or wrong, by the laws of this country she is guilty of no crime. I
apprehend that that proposition, when it is discussed, will be
maintained with a clearness and force that shall leave no doubt upon
the mind of the Court or upon your minds as the gentlemen of the jury.
If I maintain that proposition here, then the further question and the
only question which, in my judgment, can come before you to be
passed upon by you as a question of fact is whether or not she did vote
in good faith, believing that she had a right to vote.
The public prosecutor assumes that, however honestly she may have
offered her vote, however sincerely she may have believed that she had
a right to vote, if she was mistaken in that judgment, her offering her
vote and its being received makes a criminal offence--a proposition to
me most abhorrent, as I believe it will be equally abhorrent to your

judgment.
Before the registration, and before this election, Miss Anthony called
upon me for advice upon the question whether, under the 14th
Amendment of the Constitution of the United States, she had a right to
vote. I had not examined the question. I told her I would examine it and
give her my opinion upon the question of her legal right. She went
away and came again after I had made the examination. I advised her
that she was as lawful a voter as I am, or as any other man is, and
advised her to go and offer her vote. I may have been mistaken in that,
and if I was mistaken, I believe she acted in good faith. I believe she
acted according to her right as the law and Constitution gave it to her.
But whether she did or not, she acted in the most perfect good faith,
and if she made a mistake, or if I made one, that is not a reason for
committing her to a felon's cell.
For the second time in my life, in my professional practice, I am under
the necessity of offering myself as a witness for my client.
HENRY R. SELDEN, a witness sworn in behalf of the defendant,
testified as follows:
Before the last election, Miss Anthony called upon me for advice, upon
the question whether she was or was not a legal voter. I examined the
question, and gave her my opinion, unhesitatingly, that the laws and
Constitution of the United States, authorized her to vote, as well as they
authorize any man to vote; and I advised her to have her name placed
upon the registry and to vote at the election, if the inspectors should
receive her vote. I gave the advice in good faith, believing it to be
accurate, and I believe it to be accurate still.
[This witness was not cross-examined.]
JUDGE SELDEN: I propose to call Miss Anthony as to the fact of her
voting--on the question of the intention or belief under which she
voted.
MR. CROWLEY: She is not competent as a witness in her own behalf.

[The Court so held.]
Defendant rests.
JOHN E. POUND, a witness sworn in behalf of the United States,
testified as follows:
Examined by MR. CROWLEY.
Q. During the months of November and December, 1872, and January,
1873, were you Assistant United States Dist. Attorney for the Northern
District of New York?
A. Yes, sir.
Q. Do you know the defendant, Susan B. Anthony?
A. Yes, sir.
Q. Did you attend an examination before Wm. C. Storrs, a United
States Commissioner, in the city of Rochester, when her case was
examined?
A. I did
Q. Was she called as a witness in her own behalf upon that
examination?
A. She was.
Q. Was she sworn?
A. She was.
Q. Did she give evidence?
A. She did.
Q. Did you keep minutes of evidence on that occasion?

A. I did.
Q. (Handing the witness a paper.) Please look at the paper now shown
you and see if it contains the minutes you kept upon that occasion?
A. It does.
Q. Turn to the evidence of Susan B. Anthony!
A. I have it.
Q. Did she, upon that occasion, state that she consulted or talked with
Judge Henry R. Selden, of Rochester, in relation to her right to vote?