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THE TRIAL OF BEVERLY W.JONES, EDWIN P. MARSH AND WILLIAM B. HALL FOR PERMITTING WOMEN TO VOTE, NEW YORK,
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.
In the United States Circuit Court for the Northern District
of New York, Canandaigua, New York, June, 1873.
Hon. WARD HUNT,’ Judge.
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.
3 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,5 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 On the day of the election, saw Rochester; was City Clerk in the following ladies vote: Susan November 1872; have the reg- B. Anthony, Mrs. McLean, istration and poll lists of the Rhoda DeGarmo, Mary Anthfirst Election District; know the ony, Ellen S. Baker, Sarah C. defendants. The lists' were left Truesdale, Mrs. Hough, Mrs. in my office by Beverly W. Jones, Mosher, Mrs. Leyden, Mrs. Pulthe Chairman of the Board of ver; recollect seeing those ladies; Inspectors, and they are signed in fact, think I saw the whole and subscribed to by him and of them vote with the exception William B. Hall and Edwin T. of two, but will not be positive Marsh. On November 5th, there on that point; think they voted was an election held in that four tickets; was not near District for Member of Congress.
enough to see the indorsement; (The poll and registration lists
but noticed which boxes they were put in evidence.)
went into. The defendants were Sylvester Lewis. Live in Roch
present, and acting as Inspectester; know the defendants;
nts; ors of Election. All the ladies they acted as a board of registry voted early in the morning. in November last; Saw them reg
Cross-examined. Made a list istering votes. Saw the following women at the office: Susan B.
at the time of the women that Anthony, Sarah Truesdale, Mary
voted; my business at the polls Pulver, Mary Anthony, Ellen S.
that day was checking parties Baker, Margaret Leyden, Ann
that I supposed had a right to S. Mosher, Nancy M. Chapman,
vote. Had canvassed the ward Lottie B. Anthony, Susan M.
for some of the candidates. Mr. Hough, Hannah Chatfield, Mary
Jones took Miss Anthony's vote, S. Hibbard, Rhoda DeGarmo,
but the other inspectors were and Jane Cogswell; knew most
present. Some of the votes were of them by sight. Saw Rhoda
taken by the other inspectors. DeGarmo, Miss Mary Anthony,
There were six ballot boxes, and Sarah c. Truesdale, Susan M. six tickets voted. Understood Hough: think I saw Nancy M. that the women voted all the tickChatfield, Mrs. Margaret Ley
ets except the Constitutional den. and Mrs. M. E. Pulver: Amendments. Heard Jones say those I recollect; was better ac- the ladies voted the Congresquainted with those than with sional ticket. the others. The inspectors were Mr. Van Voorhis. Did you say there all the time. Sometimes all anything there about getting three, but always one or two. twenty women to vote?
Mr. Crowley objected.
gressional, and Assembly TickMr. Van Voorhis. I propose ets-four tickets. to show that this witness said to Cross-examined. All I know parties there that he would go about these tickets or that book and get twenty Irish women to is what appears on the face of vote to offset these votes.
it. Don't know who made those The COURT sustained the ob
straight marks or why they were jection.
made; would say that to each of
these persons the preliminary William F. Morrison (re
oath was administered, and also called). On the registration list I find the following names:
the general oath. Susan B. Anthony, Sarah C.
Margaret Leyden. Reside in Truesdale, Mary Pulver, Mary
Rochester, in the Eighth Ward. Anthony, Ellen S. Baker, Marg
Registered in November as a aret L. Leyden, Hannah L.
voter before Mr. Jones and the
other inspectors. Voted on NoMosher, Nancy M. Chapman,
vember 5th for candidates for Lottie B. Anthony, Susan M.
Congress; Mr. Jones took my Hough, Hannah Chatfield, Mary S. Hibbard, Jane Cogswell; do
vote; the other inspectors were
present. not find Rhoda DeGarmo. On
Cross-examined. No one but the list of voters on election day
my husband saw who I voted I find the following: Susan B.
for; when I voted, the ballot was Anthony, Sarah Truesdale, Mary
folded so no one could see it. Pulver, Mary Anthony, Mary S.
The COURT. What is the object Baker, Margaret Leyden, Han
of this? nah L. Mosher, Nancy M. Chap
Mr. Van Voorhis. The Disman, Lottie B. Anthony, Susan M. Hough, Hannah Chatfield,
trict Attorney inquired if she Mary S. Hibbard, Rhoda De
voted a certain ticket, and as
sumed to charge these inspectors Garmo, and Jane Cogswell. The
with knowing what she voted. It heading of the lists shows that
is to show that the ticket being these people voted certain tick
folded, the inspector could not ets.
see what was in it. Mr. Crowley. Which tickets
ickets Mr. Van Voorhis. In voting, did they vote? After the name did you believe that you had a of Susan B. Anthony in the col
right to vote, and vote in good umn of electors there is a small
faith? straight mark.
Objected to, and objection susMr. Van Voorhis. I object to tained by the COURT. any marks on the books, which
Margaret Leyden. Many of the witness did not make, as the ladies whose names have been any evidence that these persons
mentioned to-day were present voted for members of Congress. when I voted. I remember that
The COURT. I think it is com the following voted: Miss Susan petent.
B. Anthony, Mrs. Pulver, Mrs. Mr. Morrison. Opposite each Mosher, Mrs. Lottie B. Anthony, of the names that I have read the wife of Alderman Anthony, there are checks, showing that Miss Mary Anthony, Miss Baker they voted Electoral, State, Con- 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 reg. istered. 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 in spectors 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 objec tion 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