All that I have quoted from the English cases and our own to show that
_malice_ must be proven to make out the offense, _is expressly contained
in the_ statute under which this indictment is framed. The words are
(Sec. 19) "shall knowingly and _wilfully_ receive the vote of any person
not entitled to vote." (And Section 20 as amended) "If any such officer
shall knowingly and _wilfully_ register, as a voter any person not
entitled to vote."
And wilfully means, to use the language of Mr. Justice Wilson,
"_contrary to a man's own conviction_."
If it be said that the defendants must be presumed to know the law, that
is answered above by the quotations from the opinion of Mr. Justice
Wilson.
Besides when the statute speaks of "knowledge," aside from the
expression "wilfully" it means _knowledge_ as a _fact_--not any _forced
presumption of knowledge_ against the clear facts of the case.
To this extent and _to this extent only_, does the presumption that
defendants were bound to know the law go, viz: They were bound to know
that if they _as a fact_ "knowingly and wilfully registered as a voter
any person not entitled to be registered" or "knowingly and wilfully
received the vote of any person not entitled to vote," in either case
they were liable to the penalty; and they could not be allowed to urge
in their defense any ignorance that _the law made those facts criminal_.
Pages:
168
169
170
171
172
173
174
175
176
177
178
179
180
181
182
183
184
185
186
187
188
189
190
191
192