Page:History of Woman Suffrage Volume 2.djvu/663

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The Women Plead "Not Guility."
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paper.[1] He gallantly offered to leave his prisoner to go alone, but Miss Anthony refusing to take herself to Court, the United States official meekly escorted her to the Commissioner's office. When all the ladies had arrived, the Commissioner, after hours of waiting, announced that the Assistant District Attorney whom he had summoned to examine the culprits, was unable to reach the city that afternoon, and so the ladies were dismissed to appear the next morning.

The voters received their preliminary examination in the same small dingy office where, in the days of slavery, fugitives escaping to Canada had been examined and remanded to bondage. This historic little room is a double disgrace to the American Republic, as within its walls the rights of color and of sex have been equally trampled upon.

The fourteen women pleaded "not guilty," but the Commissioner ordered bail of $500 each for their appearance at the Albany term of the United States District Court January 21, 1873. Miss Anthony refused to give bail, and petitioned for a writ of habeas corpus. The Inspectors were also arrested, and had their final hearing the afternoon of the same day before Commissioner Ely,—Hon. John Van Voorhis their counsel—and were bound over to the Albany Term. The hearing on Miss Anthony's petition was had before Judge Hall. The decision was adverse, and bail of $1,000 demanded for her appearance at the May term at Rochester. The Grand Jury found a true bill of indictment against her, the fourteen other women, and the three Inspectors. Miss Anthony objected to giving bail, but was overruled by her counsel, Hon. Henry R. Selden, whose sense of gallantry made him feel it a disgrace to allow his client to go to jail. This was a source of deep regret to Miss Anthony, as it prevented her case going to the Supreme Court of the United States for final adjudication.

During the intermediate period between November 28, 1872, and January 21, 1873, Miss Anthony, in the eye of the law, was imprisoned, but the Marshal, though somewhat uneasy, left her free to fulfill her lyceum engagements and attend woman suffrage con

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  1. Whereas, Complaint has this day been made by ——— on oath before me, William C. Storrs, commissioner, charging that Susan B. Anthony, on or about the fifth day of November, 1872, at the city of Rochester, N. Y., at an election held in the eighth ward of the city of Rochester aforesaid, for a representative in the Congress of the United States, did then and there vote for representative in Congress in the United States, without having a lawful right to vote and in violation of Section 19 of an act of Congress approved May 31, 1870, entitled "An act to enforce the right of citizens of the United States to vote in the several States of this Union and for other purposes."