Page:History of Woman Suffrage Volume 2.djvu/688

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By :

Q. State whether she stated on that examination, under oath, that she had talked or consulted with Judge Henry R. Selden in relation to her right to vote? A. She did.

Q. State whether she asked, upon that examination, if the advice given her by Judge Henry R. Selden would or did make any difference in her action in voting, or in substance that? A. She stated on the cross-examination, "I should have made the same endeavor to vote that I did had I not consulted Judge Selden. I didn't consult any one before I registered. I was not influenced by his advice in the matter at all; have been resolved to vote, the first time I was at home thirty days, for a number of years."

Cross-examination by Mr.

Q. Mr. Pound, was she asked there if she had any doubt about her right to vote, and did she answer, "Not a particle"? A. She stated, "Had no doubt as to my right to vote," on the direct examination.

Q. There was a stenographic reporter there, was there not? A. A reporter was there taking notes.

Q. Was not this question put to her, "Did you have any doubt yourself of your right to vote?" and did she not answer, "Not a particle "?


 * Well, he says so, that she had no doubt of her right to vote.

Judge : I beg leave to state, in regard to my own testimony, Miss Anthony informs me that I was mistaken in the fact that my advice was before her registry. It was my recollection that it was on her way to the registry, but she states to me now that she was registered and came immediately to my office. In that respect I was under a mistake.

Evidence closed.

The defendant is indicted under the 19th section of the Act of Congress of May 31, 1874 (16 St. at L., 144), for "voting without having a lawful right to vote." The words of the statute, so far as they are material in this case, are as follows:

The only alleged ground of illegality of the defendant's vote is that she is a woman. If the same act had been done by her brother under the same circumstances, the act would have been not only innocent, but honorable and laudable; but having been done by a woman it is said to be a crime. The crime, therefore, consists not in the act done, but in the simple fact that the person doing it was a woman and nota man. I believe this is the first instance in which a woman has been arraigned in a criminal court merely on account of her sex. If the advocates of female suffrage had been allowed to choose the point of attack to be made upon their position, they could not have chosen it more favorably for themselves; and I am disposed to thank those who have been instrumental in this proceeding, for present