" Here most manifestly
the term "knowingly" does not apply to the mere _act_ of voting. It is
hardly possible that a man should vote, and not know the fact that he
is voting. The statute will bear no possible construction but that which
makes the term "knowingly" apply to the _illegality_ of the act. Thus,
"shall knowingly vote without having a lawful right to vote," can only
mean, shall vote knowing that there is no lawful right to vote. This
being so, there was manifestly a most vital question beyond that of the
fact of voting, and of the conclusion of the judge that the voting was
illegal, viz., did Miss Anthony vote, knowing that she had no right to
vote.
Now, many people will say that Miss Anthony ought to have known that she
had no right to vote, and will perhaps regard it as an audacious attempt
for mere effect, to assert a right that she might think she ought to
have, but could not really have believed that she had. But whatever
degree of credit her claim to have acted honestly in the matter is
entitled to, whether to much, or little, or none, it was entirely a
question for the jury, and they alone could pass upon it. The judge had
no right even to express an opinion on the subject to the jury, much
less to instruct them upon it, and least of all to order a verdict of
guilty without consulting them.
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