Van Voorhis.
MR. VAN VOORHIS: Then I ask your Honor to charge the jury that they must
find the fact that these inspectors received the votes of these persons
knowingly, and that such votes were votes for some person for member of
Congress, there being in the case no evidence that any man was voted
for, for member of Congress, and there being no evidence except that
secret ballots were received; that the jury have a right to find for the
defendants, if they choose.
THE COURT: I charge the jury that there is sufficient evidence to
sustain the indictment, upon this point.
MR. VAN VOORHIS: I ask your Honor also to charge the jury that there is
sufficient evidence to sustain a verdict of not guilty.
THE COURT: I cannot charge that.
MR. VAN VOORHIS: Then why should it go to the jury?
THE COURT: As a matter of form.
MR. VAN VOORHIS: If the jury should find a verdict of not guilty, could
your Honor set it aside?
THE COURT: I will debate that with you when the occasion arises.
Gentlemen, you may deliberate here, or retire, as you choose.
The jury retired for consultation, and the Court took a recess until 7
P.M.
The Court re-convened at 7 o'clock, when the clerk called the jury, and
asked them if they had agreed upon their verdict.
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