THE COURT: It is too plain to argue that.
MR. VAN VOORHIS: There is nothing but circumstantial evidence.
THE COURT: Your own witness testified to it.
MR. VAN VOORHIS: But "knowingly," your Honor, implies knowing that it is
a vote for representative in Congress.
THE COURT: That comes within the decision of the question of law. I
don't see that there is anything to go to the jury.
MR. VAN VOORHIS: I cannot take your Honor's view of the case, but of
course must submit to it. We ask to go to the jury upon this whole case,
and claim that in this case, as in all criminal cases, the right of
trial by jury is made inviolate by the constitution--that the Court has
no power to take it from the jury.
THE COURT: I am going to submit it to the jury.
_Gentlemen of the Jury_:
This case is now before you upon the evidence as it stands, and I shall
leave the case with you to decide--
MR. VAN VOORHIS: I claim the right to address the jury.
THE COURT: I don't think there is anything upon which you can
legitimately address the jury.
Gentlemen, the defendants are charged with knowingly, willfully and
wrongfully receiving the votes of the ladies whose names are mentioned,
in November last, in the City of Rochester. They are charged in the same
indictment with willfully and improperly registering those ladies.
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