poll the jury was reviewed and condemned as contrary to justice and law. To Mrs. Gage's review of this article, the Law Journal said, "If Mrs. Gage and Miss Anthony are not pleased with our laws, they had better emigrate." This would make real, in case of woman, Edward Everett Hale's story of the "Man Without a Country." Women are, by this advice, assumed to have no country; to be living in the United States upon sufferance, a species of useful aliens, which possesses no rights that man is bound to respect, which are not to be permitted to vote, nor even to protest when the dearest rights are trampled upon. While admitting that Justice Hunt usurped power in taking the case from the jury, the Albany Law Journal expressed a desire that it should have gone to the jury, not on the ground of legal right, but on the ground that the jury would have brought in a verdict of guilty.
But had the case been allowed to go to the jury, no verdict of guilty would have been rendered. The jury did not believe the defendant guilty, but they were not permitted to give their opinion. Their opinions counted for nothing; they were wronged as well as Miss Anthony.
It was said of the infamous Lord Jeffries, that when pre-determined upon a conviction he always wore a red cap. In such cases juries were useless appendages to his court. Justice Hunt, through this trial, wore an invisible red cap which only came into view at its close.
The effect of Miss Anthony's prosecution, conviction, and sentence, was in many ways advantageous to the cause of freedom. Her trial served to awaken thought, promote discussion, and compel an investigation of the principles of government. The argument of Judge Selden, clearly proving woman's constitutional right to vote, published[1] in all the leading papers, arrested the attention of legal minds as no popular discussions had done.
Thus the question of the abstract rights of each individual, their civil and political rights under State and National Constitutions, were widely discussed. And when the verdict, contrary to law, was rendered by the Judge, and the jury dismissed without having been permitted to utter a word, the whole question of woman's rights and wrongs was brought into new prominence through this infringement of the sacred right of jury trial.
A nolle prosequi was entered for the women who voted with Miss Anthony. Immediately after the decision in her case, the trial of the Inspectors took place before the same court. This was in re-
- ↑ Thousands of copies were published in pamphlet form, with the Court report of the trial, and circulated throughout the country.
