Second--In determining the question whether she did or did not believe
that she had a right to vote, the jury may take into consideration, as
bearing upon that question, the advice which she received from the
counsel to whom she applied.
Third--That they may also take into consideration, as bearing upon the
same question, the fact that the inspectors considered the question and
came to the conclusion that she had a right to vote.
Fourth--That the jury have a right to find a general verdict of guilty
or not guilty as they shall believe that she has or has not committed
the offense described in the Statute.
A professional friend sitting by has made this suggestion which I take
leave to avail myself of as bearing upon this question: "The Court has
listened for many hours to an argument in order to decide whether the
defendant has a right to vote. The arguments show the same question has
engaged the best minds of the country as an open question. Can it be
possible that the defendant is to be convicted for acting upon such
advice as she could obtain while the question is an open and undecided
one?"
THE COURT: You have made a much better argument than that, sir.
JUDGE SELDEN: As long as it is an open question I submit that she has
not been guilty of an offense.
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