In the absence of any claim
in the indictment to that effect, the Court will not presume the
existence of so important a circumstance against the defendants, and
therefore this count of the indictment must fail.
2. The second count is for the same offense, and obnoxious to the same
objection. The only variation being that the first count charges the
illegal registry of one woman, and the second, fourteen.
3. The third count charges that the defendants, being inspectors of
elections, received the votes of fourteen women who had no right to
vote, wrongfully.
This count does not allege that it was the duty of the defendants to
receive or count the votes. It simply alleges that they were Inspectors
of Election. Their duties as such are not stated. It is not alleged that
as such inspectors they were charged with the duty of receiving and
counting votes. It is not claimed by the indictment that these votes
were counted or put into the ballot box--or affected the result. The
defendants simply received the votes. What they did with them, does not
appear. Any bystander, who had received these votes, could be convicted
under this indictment as well as they.
WILLIAM F. MORRISON, a witness called in behalf of the United States,
testified as follows:
_Examined_ by Mr.
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