If A.,
thinking he hath a title to the house of B., seizeth it as his own ...
this regularly makes no felony, but a trespass only; but yet this may be
a trick to colour a felony, and the ordinary discovery of a felonious
intent is, if the party doth it secretly, or being charged with the
goods denies it."
(1 Hales P.C. 509.)
I concede, that if Miss Anthony voted, knowing that as a woman she had
no right to vote, she may properly be convicted, and that if she had
dressed herself in men's apparel, and assumed a man's name, or resorted
to any other artifice to deceive the board of inspectors, the jury might
properly regard her claim of right, to be merely colorable, and might,
in their judgment, pronounce her guilty of the offence charged, in case
the constitution has not secured to her the right she claimed. All I
claim is, that if she voted in perfect good faith, believing that it was
her right, she has committed no crime. An innocent mistake, whether of
law or fact, though a wrongful act may be done in pursuance of it,
cannot constitute a crime.
[The following cases and authorities were referred to and commented upon
by the counsel, as sustaining his positions: _U.S. vs. Conover, 3
McLean's Rep. 573; The State vs.
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