At all events it is for the jury.
THE COURT: I cannot charge these propositions of course. The question,
gentlemen of the jury, in the form it finally takes, is wholly a
question or questions of law, and I have decided as a question of law,
in the first place, that under the 14th Amendment, which Miss Anthony
claims protects her, she was not protected in a right to vote. And I
have decided also that her belief and the advice which she took does
not protect her in the act which she committed. If I am right in this,
the result must be a verdict on your part of guilty, and I therefore
direct that you find a verdict of guilty.
JUDGE SELDEN: That is a direction no Court has power to make in a
criminal case.
THE COURT: Take the verdict, Mr. Clerk.
THE CLERK: Gentlemen of the jury, hearken to your verdict as the Court
has recorded it. You say you find the defendant guilty of the offense
whereof she stands indicted, and so say you all?
JUDGE SELDEN: I don't know whether an exception is available, but I
certainly must except to the refusal of the Court to submit those
propositions, and especially to the direction of the Court that the jury
should find a verdict of guilty. I claim that it is a power that is not
given to any Court in a criminal case.
Pages:
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103