The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-06-18
WOMAN'S RIGHTS.

being u woman constitute q crime T.
Definition OF the Word s. Knowing"
CANANDAIGuA, N. Y, June II. 1879.
The case OF the United States against Susan d.
Anthony, who was indicted for voting in violation
OF law. at the city Of Rochester at the last Novem
Der general election, was GATED in the Circuit Court
OF the United States, now in session this village,
at three O'Clock p. M. to-day. The distinguished
defendant personally appeared in Court accom-
panied by Mrs. Matilda J. Gage and other
ladies, and was represented by her counsel,
Mr.. Henry X. Seldern and Mr.. John Van voorhis,
or Rochester. Mr.. Richard Crowy. District At
torney, represented the United States. A jury was
empanelled without difficulty, the government ex-
ercisng the right OF challenging but once, and the
defendant three times.
The District Attorney made brief statement of
the facts on which he relied for a conviction and
which were charged in the Indictment: -''That
Miss Anthony voted at the last election for the
Congressional candidate Tor the Twenty fifth dis
trict and Tor the Congressman at Large" 1t was
vcmber, 1872 woman
THE TESTIMONY.
Beverly w. James was sworn by the government
as witness, and testified rs follows:-
He knew the defendants that he was an inspector OF
election in the Eighth ward First district Of the city Of
state and assembly ticket athat poll that ne put the
q the Beard segisry INA. me rp
sst h. DECIDED S Ss She to ns
and registered her name; that one of the federal
Election present and advised the In
and they did Il that Miss Anthony Ct aimed the right to
the state law she Claimed the right under fourteenth
amendment the name Of the DEFENDANT appeared on the
She voted the Electoral state Congress and Assembly
tickets
IN OPENING THE DEFENCE
Judge Selden claimed that the case was one OF
great magnitude and interest, not only to the de-
fnn H.
fendant claimed her right to be registered to vote
she was as much entitled to both OF those rights as
any man. and when she voted, Ii she fully believed
she had right to vote, she committed no crime.
The question Tor the jury was whether she did vote
in good faith, believing that she had right to
Judge Selden then stated that for the second
time in his professional life he was compelled to
offer himself witness In behalf OF his client.
Being sworn he testified as follows:-
Before the defendant voted she called him for ad-
NICE ssr % o s as SGE e sa he
then advised her that she was as much voter as l
legal right vote and he believed now; and that
advice She voted.
OFFERED HERsELF AS WITNESS
on her own behalf on the subject OF intent and
The District Attorney objected to her compe-
tency to testify In her own behalf, and the Objec
ton was sustained. The defence then rested
John Il. Pound was then sworn by the prosecu-
tion:-
On the examination before Commissioner storrs the
deendant stated that she should hay: offered to vote
had not particle Of doubt OF her right 10 vote.
There was no further testimony given, and Judge
Selden proceeded to address the Court and jury In
exhaustive argument, occupying nearly three
hours In its delivery.
snuncistsd three p,opos.ic9. rst that the defend
ton second was not % snttsd but believed that
statute, and third that she did vote IN such
ss'isf and question:. Il good we're .s H. ;ss
as. ha 'as IN .
no Tor the consdera,on o. ne Jury MT seden
ts q
that the same &C. had been ~ her brother under
the same crcumsiances 4 would nave been only in
S Ss sss Is Woman III .sa p se sr%s
dose
s ss n 81 Y, @
ns The right to part In tue na
able right Of every citizen. Women have the same
'' y - sssa
uns he
s ann am v Gfc IN % d
to the lac. that All political rights and many personal
. sna mat nj: Is no 2 nd is:
sy Dv S.% f. S na s x
Of mar
jss;ics had be-" done 70 wo%sn T.isfrsd
men, and the great change the law had undergone in
The last twenty-five years in that respect and said
he How have they been produced' Mainly as the re-
foremost OF whom Is she who stands before you as
conditions to which he alluded haye been Embedded in
toSchs% them not and @ not have . until hs
day of hnai doom had they not been goaded
y nsas
had come when the civil and political rights OF women
should be placed upon perfect equality with To
the offence charged aga inst the defendant the
prosecution should show afrmatively not that the de-
fenian voted onscentiously without having right to
vote, but that she voted knowing that
. SIZE HAD no RIGHT TO VOTE
The word knowing related not to the fact Of voting,
but 10 the fact Of the want OF the right to vote He re-
ierred TO many authorities on tins point Great ha
sis given to the right OF women TO vote as secured
by the thirteenth aud fifteenth amendments OF the led
ton given OF these two articles bearing upon tho
question.
The remarks of Judge Selden were extended on
the point as to the knowledge OF the defendant
that she was committing an illegal act, ana Sc
verey criticised several cases bearing upon that
part Of his argument.
THE CUOT ERA