examined the question. I told her I would examine it and give her my opinion upon the question of her legal right. She went away and came again after I had made the examination. I advised her that she was as lawful a voter as I am, or as any other man is, and advised her to go and offer her vote. I may have been mistaken in that, and if I was mistaken, I believe she acted in good faith. I believe she acted according to her right as the law and Constitution gave it to her. But whether she did or not, she acted in the most perfect good faith, and if she made a mistake, or if I made one, that is not a reason for committing her to a felon’s cell.
For the second time in my life, in my professional practice, I am under the necessity of offering myself as a witness for my client.
Henry R. Selden, a witness sworn in behalf of the defendant, testified as follows: Before the last election, Miss Anthony called upon me for advice, upon the question whether she was or was not a legal voter. I examined the question, and gave her my opinion, unhesitatingly, that the laws and Constitution of the United States authorized her to vote, as well as they authorize any man to vote; and I advised her to have her name placed upon the registry and to vote at the election, if the inspectors should receive her vote. I gave the advice in good faith, believing it to be accurate, and I believe it to be accurate still. [This witness was not cross-examined.]
Judge Selden : I propose to call Miss Anthony as to the fact of her voting—on the question of the intention or belief under which she voted.
Mr. Crowley: She is not competent as a witness in her own behalf. [The Court so held.] Defendant rests.
John E. Pound, a witness sworn in behalf of the United States, testified as follows, examined by Mr. Crowley:
Q. During the months of November and December 1872, and January, 1873, were you Assistant United States District Attorney for the Northern District of New York? A. Yes, sir.
Q. Do you know the defendant, Susan B. Anthony? A. Yes, sir.
Q. Did you attend.an examination before Wm. C. Storrs, a United States Commissioner, in the city of Rochester, when her case was examined? A. I did. :
Q. Was she called as a witness in her own behalf upon that examination ? A. She was.
Q. Was she sworn? A. She was.
Q. Did she give evidence? A. She did.
Q. Did you keep minutes of evidence on that occasion? A, I did.
Q. (Handing the witness a paper). Please look at the paper now shown you and see if it contains the minutes you kept upon that occasion? A. It does.
Q. Turn to the evidence of Susan B. Anthony? A, I have it.
Q. Did she, upon that occasion, state that she consulted or talked with Judge Henry R. Selden, of Rochester, in relation to her right to vote ?
Judge Selden : I object to that upon the ground that it is incompetent, that if they refuse to allow her to be sworn here, they should be excluded from producing any evidence that she gave elsewhere, especially when they want to give the version which the United States officer took of her evidence.
