Gentlemen of the Jury: This case is now before you upon the evidence as it stands, and I shall leave the case with you to decide. Mr. Van Voorhis: I claim the right to address the jury.
The Court: I don't think there is anything upon which you can legitimately address the jury. Gentlemen, the defendants are charged with knowingly, willfully, and wrongfully receiving the votes of the ladies whose names are mentioned, in November last, in the city of Rochester. They are charged in the same indictment with willfully and improperly registering those ladies. I decided in the case this morning, which many of you heard, probably, that under the law as it stands the ladies who offered their votes had no right to vote whatever. I repeat that decision, and I charge you that they had no right to offer their votes. They having no right to offer their votes, the inspectors of election ought not to receive them. The additional question exists in this case whether the fact that they acted as inspectors will relieve them from the charge in this case. You have heard the views which I have given upon that. I think they are administrative officers. I charge you that they are administrative and ministerial officers in this respect, and that they are not judicial officers whose action protects them, and that therefore they are liable in this case. But, instead of doing as I did in the case this morning—directing a verdict—I submit the case to you with these instructions, and you can decide it here, or you may go out.
Mr. Van Voorhis: I ask your honor to instruct the jury that if they find these inspectors acted honestly, in accordance with their best judgment, they should be acquitted. The Court: I have expressly ruled to the contrary of that, gentlemen; that that makes no difference.
Mr. Van Voorhis: And that in this country—under the laws of this country—The Court: That is enough—you need not argue it, Mr. Van Voorhis.
Mr. Van Voorhis: Then. I ask your honor to charge the jury that they must find the fact that these inspectors received the votes of these persons knowingly, and that such votes were votes for some person for member of Congress, there being in the case no evidence that any man was voted for, for member of Congress, and there being no evidence except that secret ballots were received; that the jury have a right to find for the defendants, if they choose. The Court: I charge the jury that there is sufficient evidence to sustain the indictment upon this point.
Mr. Van Voorhis: I ask your honor also to charge the jury that there is sufficient evidence to sustain a verdict of not guilty. The Court: I can not charge that.
Mr. Van Voorhis: Then why should it go to the jury? The Court: As a matter of form.
Mr. Van Voorhis: If the jury should find a verdict of not guilty, could your honor set it aside? The Court: I will debate that with you when the occasion arises. Gentlemen, you may deliberate here, or retire, as you choose.The jury retired for consultation, and the Court took a recess. The Court re-convened at 7 o'clock, when the clerk called the jury and asked them if they had agreed upon their verdict. The foreman replied in the negative.
