THE TRIAL OF BEVERLY W. JONES, EDWIN P. MARSH AND WILLIAM B. HALL FOR PERMITTING WOMEN TO VOTE, NEW YORK, 1873. THE NARRATIVE. On the same day that Miss Anthony was sentenced, the three inspectors of election, Jones, Marsh and Hall, were put on their trial for registering and receiving illegal votes. All of them were convicted, the Court holding, as it did in Miss Anthony's case, that good faith in receiving the votes of the women was no protection. THE TRIAL.1 In the United States Circuit Court for the Northern District of New York, Canandaigua, New York, June, 1873. HON. WARD HUNT, Judge. June 18. The defendants had been, at the previous January term of this Court, indicted for misdemeanors in the office of Inspectors of Elections for one of the election districts of the city of Rochester.3 1 Bibliography; see ante, p. 2. 2 See ante, p. 2. In the first count, it was charged that they did in November 2, 1872, "knowingly and wilfully register as a voter of said district for the office of Member of Congress one Susan B. Anthony, she, said Susan B. Anthony then and there not being entitled to be registered as a voter of said district, in that she, said Susan B. Anthony, was then and there a person of the female sex, contrary to the form of the Statute of the United States of America." On being arraigned to-day, Jones and Marsh pleaded Not Guilty; Hall did not appear or plead. Richard Crowley,* District Attorney, for the United States. John Van Voorhis," for the Defendants. The case being opened by Mr. Crowley, Mr. Van Voorhis raised some objection to the indictment, viz: that the Act of Congress under which it is framed, is invalid so far as it The second count charged that they did on the same day "knowingly and wilfully register as voters of said district certain persons, to wit: Susan B. Anthony, Sarah Truesdale, Mary Pulver, Mary Anthony, Ellen S. Baker, Margaret Leyden, Anna L. Mosher, Nancy M. Chapman, Lottie B. Anthony, Susan B. Hough, Hannah Chatfield, Mary S. Hibbard, Rhoda DeGarmo, and Jane Cogswell, said persons there and then not being entitled to be registered as voters of said District, in that each of said persons was then and there a person of the female sex, contrary to the form of the statute of the United States of America." The third count charged that they did on the fifth day of November, 1872, at an election for a Representative in Congress "knowingly and wilfully receive the votes of certain persons, not then and there entitled to vote, to-wit: Susan B. Anthony, Sarah Truesdale, Mary Pulver, Mary Anthony, Ellen S. Baker, Margaret Leyden, Hannah L. Mosher, Nancy M. Chapman, Susan M. Hough, Guelma S. McLean, Hannah Chatfield, Mary S. Hibbard, Rhoda DeGarmo, and Jane Cogswell, each of said persons being then and there a member of the female sex, and then and there not entitled to vote, as they, said Beverly W. Jones, Edwin T. Marsh and William B. Hall then and there well knew, contrary to the form of the Statute of the United States of America." The fourth count charged that they did on the fifth day of November, 1872, at an election in Rochester for a Representative in Congress, knowingly and wilfully receive the votes of certain persons for said representative, said persons then and there being not entitled to vote for said Representatives in the Congress of the United States, viz: Susan B. Anthony, Susan M. Hough, Sarah Truesdale, Mary Pulver, Mary Anthony, Ellen S. Baker, Margaret Leyden, Hannah L. Mosher, Nancy M. Chapman, Lottie B. Anthony, Guelma L. McLean, Hannah Chatfield, Mary S. Hibbard, Rhoda DeGarmo and Jane Cogswell, each of said persons then and there being a person of the female sex, and then and there not entitled to vote for the Representatives in Congress, as they, said Beverly W. Jones, Edwin T. Marsh and William B. Hall, then and there well knew, contrary to the form of the Statute of the United States of America." 4 See ante, p. 4. 5 See ante, p. 4. relates to this offense, because not authorized by the Constitution of the United States, and that there is no sufficient statement of any offense in the indictment. The COURT overruled the objection. THE WITNESSES FOR THE PROSECUTION. William F. Morrison. Live in Rochester; was City Clerk in November 1872; have the registration and poll lists of the first Election District; know the defendants. The lists' were left in my office by Beverly W. Jones, the Chairman of the Board of Inspectors, and they are signed and subscribed to by him and William B. Hall and Edwin T. Marsh. On November 5th, there was an election held in that District for Member of Congress. (The poll and registration lists were put in evidence.) Sylvester Lewis. Live in Rochester; know the defendants; they acted as a board of registry in November last; Saw them registering votes. Saw the following women at the office: Susan B. Anthony, Sarah Truesdale, Mary Pulver, Mary Anthony, Ellen S. Baker, Margaret Leyden, Ann S. Mosher, Nancy M. Chapman, Lottie B. Anthony, Susan M. Hough, Hannah Chatfield, Mary S. Hibbard, Rhoda DeGarmo, and Jane Cogswell; knew most of them by sight. Saw Rhoda DeGarmo, Miss Mary Anthony, Sarah C. Truesdale, Susan M. Hough; think I saw Nancy M. Chatfield, Mrs. Margaret Leyden, and Mrs. M. E. Pulver; those I recollect; was better acquainted with those than with the others. The inspectors were there all the time. Sometimes all three, but always one or two. On the day of the election, saw the following ladies vote: Susan B. Anthony, Mrs. McLean, Rhoda DeGarmo, Mary Anthony, Ellen S. Baker, Sarah C. Truesdale, Mrs. Hough, Mrs. Mosher, Mrs. Leyden, Mrs. Pulver; recollect seeing those ladies; in fact, think I saw the whole of them vote with the exception of two, but will not be positive on that point; think they voted four tickets; was not near enough to see the indorsement; but noticed which boxes they went into. The defendants were present, and acting as Inspectors of Election. All the ladies voted early in the morning. Cross-examined. Made a list at the time of the women that voted; my business at the polls that day was checking parties that I supposed had a right to vote. Had canvassed the ward for some of the candidates. Mr. Jones took Miss Anthony's vote, but the other inspectors were present. Some of the votes were taken by the other inspectors. There were six ballot boxes, and six tickets voted. Understood that the women voted all the tickets except the Constitutional Amendments. Heard Jones say the ladies voted the Congressional ticket. Mr. Van Voorhis. Did you say anything there about getting twenty women to vote? Mr. Crowley objected. Mr. Van Voorhis. I propose to show that this witness said to parties there that he would go and get twenty Irish women to vote to offset these votes. The COURT sustained the objection. William (re. F. Morrison called). On the registration list I find the following names: Susan B. Anthony, Sarah C. Truesdale, Mary Pulver, Mary Anthony, Ellen S. Baker, Margaret L. Leyden, Hannah L. Mosher, Nancy M. Chapman, Lottie B. Anthony, Susan M. Hough, Hannah Chatfield, Mary S. Hibbard, Jane Cogswell; do not find Rhoda DeGarmo. On the list of voters on election day I find the following: Susan B. Anthony, Sarah Truesdale, Mary Pulver, Mary Anthony, Mary S. Baker, Margaret Leyden, Hannah L. Mosher, Nancy M. Chapman, Lottie B. Anthony, Susan M. Hough, Hannah Chatfield, Mary S. Hibbard, Rhoda DeGarmo, and Jane Cogswell. The heading of the lists shows that these people voted certain tick ets. Mr. Crowley. Which tickets did they vote? After the name of Susan B. Anthony in the column of electors there is a small straight mark. Mr. Van Voorhis. I object to any marks on the books, which the witness did not make, as any evidence that these persons voted for members of Congress. The COURT. I think it is competent. Mr. Morrison. Opposite each of the names that I have read, there are checks, showing that they voted Electoral, State, Con gressional, and Assembly Tickets-four tickets. Cross-examined. All I know about these tickets or that book is what appears on the face of it. Don't know who made those straight marks or why they were made; would say that to each of these persons the preliminary oath was administered, and also the general oath. a Margaret Leyden. Reside in Registered in November as Rochester, in the Eighth Ward. voter before Mr. Jones and the other inspectors. Voted on November 5th for candidates for Congress; Mr. Jones took my vote; the other inspectors were present. Cross-examined. No one but my husband saw who I voted for; when I voted, the ballot was folded so no one could see it. The COURT. What is the object of this? Mr. Van Voorhis. The District Attorney inquired if she voted a certain ticket, and assumed to charge these inspectors with knowing what she voted. It is to show that the ticket being folded, the inspector could not see what was in it. Mr. Van Voorhis. In voting, did you believe that you had a right to vote, and vote in good faith? Objected to, and objection sustained by the COURT. Margaret Leyden. Many of the ladies whose names have been mentioned to-day were present when I voted. I remember that the following voted: Miss Susan B. Anthony, Mrs. Pulver, Mrs. Mosher, Mrs. Lottie B. Anthony, the wife of Alderman Anthony, Miss Mary Anthony, Miss Baker and Mrs. Chapman. THE WITNESSES FOR THE DEFENSE. Beverly W. Jones. Reside in Rochester; am 25 years of age; was an inspector of election for the eighth ward; elected by the people of the ward; was present at the Board of Registry when Miss Anthony and others appeared and demanded to be registered. Miss Anthony and two other ladies came into the room. Miss Anthony asked if this was the place where they registered the names of voters; I told her it was; she said she would like to have her name registered; I told her I didn't think we could register her name; it was contrary to the Constitution of the State of New York. She claimed her rights under the Constitution of the United States; under an amendment to the Constitution; she asked me if I was conversant with the fourteenth amendment; I told her I had read it and heard of it several times. William B. Hall and I were the only inspectors present at the time; Mr. Marsh was not there; Daniel J. Warner, the United States Supervisor (Republican); Silas J. Wagner, another United States Supervisor (Democrat) and a United States Marshal, were also there. The COURT. Was your objection to registering Miss Anthony on the ground that she was a woman? I said it was contrary to the Constitution of the State of New York, and I didn't think we could register her, because she was a woman. Mr. Van Voorhis. State what occurred then. Mr. Jones. Mr. Warner said- is competent, what Warner said. Mr. Van Voorhis. The District Attorney has gone into what occurred at that time, and I ask to be permitted to show all that occurred at the time of the registry; this offense was committed there; it is a part of the res gesta; all that occurred at the moment Miss Anthony presented herself and had her name put upon the registry. The COURT. I don't think that is competent. Mr. Van Voorhis. I ask to show what occurred at the time of the registry. The COURT. I don't think it is competent to state what Warner or Wagner advised. Mr. Van Voorhis. So that the question may appear squarely in the case I offer to show what was said and done at the time Miss Anthony and the other ladies registered, by the inspectors, and the federal Supervisors, Wagner and Warner, in their presence, in regard to that subject. The COURT. I exclude it. Mr. Van Voorhis. Does that excluded all conversations that occurred there with any persons? The COURT. It excludes anything of that character on the subject of advising them. Your case is just as good without it as with it. Mr. Van Voorhis. I didn't offer it in view of the advice, but to show precisely what the operation of the minds of these inspectors was at that time, and what the facts are. The COURT. It is not competent. Mr. Jones. I was present on |