" The jury was not at liberty to exercise
its own judgment upon the evidence, and without committing a gross
discourtesy to the Court, could render no verdict except that of guilty.
5. Admitting that the defendants acted without malice, or any corrupt
motive, and in accordance with their best judgments, and in perfect good
faith, it was error to charge that that was no defense.
6. The defendants are admitted to have acted in accordance with their
duty as defined by the laws of New York (_1 R.S., Edmond's Ed., pp.
126-127, sections 13, 14, 15, 16, 17, 18 and 19_) as construed by the
Court of Appeals. (_People vs. Pease, 27 N.Y. 45._)
They are administrative officers and bound to regard only the evidence
which the Statute prescribes. They are not clothed with the power, to
reject the vote of a person who has furnished the evidence, which the
law requires, of right to vote, on what they or either of them might
know, as to the truth or falsity of such evidences. They have no
discretion, and must perform their duty, as it is defined by the laws of
New York and the decisions of her Courts.
7. The defendant, William B. Hall, has been tried and convicted in his
absence from the Court. This is an error fatal to the conviction in his
case.
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