Part 9
A. There is a certificate attached to the register, but not to the poll list.
Q. Please read the certificate attached to the registration list.
A. "We, the undersigned, composing the Board of Registry for the first district, 8th Ward, City of Rochester, do certify that the foregoing is a correct list of the voters in said district, so far as the same is known to us. Dated Nov. 2d, 1872."
Q. In what Congressional District was the first election district of the 8th Ward, in November, 1872?
A. 29th.
Q. Was there an election for Members of Congress for that district, and for Members of Congress at Large for the State, held in that ward and election district, last November?
A. Yes, sir.
Q. And candidates voted for both of those officers by those who saw fit to vote for them?
A. Yes, sir.
Q. What day was the election?
A. 5th day of November.
MR. CROWLEY: We offer the poll list and the registration of voters in evidence.
[Poll list marked Ex. "A." Registration list, marked Ex. "B."]
[This witness was not cross-examined.]
SYLVESTER LEWIS, a witness sworn in behalf of the United States, testified as follows:
_Examined by_ MR. CROWLEY:
Q. Where did you live in November, 1872?
A. In the city of Rochester.
Q. Do you know the defendants, Jones, Marsh and Hall?
A. I do.
Q. Do you know whether or not they acted as a Board of Registry for the registration of voters in the first election district, 8th ward, City of Rochester, preceding the last general election?
A. I know they acted at the November election.
Q. Did they act as a Board of Registry preceding the election?
A. Yes, sir.
Q. Was you present on any day when they were registering voters?
A. I was present on Friday mostly, and on Saturday.
Q. Were all three of these defendants there?
A. They were the most of the time.
Q. Receiving the names of persons who claimed to be entitled to vote?
A. Yes, sir.
Q. And taking a registration list?
A. Yes, sir.
Q. Did you see Miss Anthony and other ladies there upon that day?
A. I saw Miss Anthony there on the first day, and other ladies.
Q. Did you see there, upon that day, the following named persons: Susan B. Anthony, Sarah Truesdell, Mary Pulver, Mary Anthony, Ellen S. Baker, Margaret Leyden, Ann S. Mosher, Nancy M. Chapman, Lottie B. Anthony, Susan M. Hough, Hannah Chatfield, Mary S. Hibbard, Rhoda DeGarmo, Jane Cogswell.
A. I saw a number of them; I didn't see the whole of them.
Q. Do you know by sight, any of those persons whose names I have read?
A. I know a number of them.
Q. Did you see a number of them there?
A. I did.
Q. Did you see any of them register on that day?
A. I did.
Q. Have you a list of those that you saw register?
A. I have, (producing a paper.)
Q. Please state to the Jury, those that you saw register on that day.
A. I can hardly recollect which day they registered.
Q. Either of the days preceding the election, when this Board was in session.
A. Rhoda DeGarmo, Mary Anthony, Sarah C. Truesdell, Susan M. Hough, Mrs. M.E. Pulver.
By MR. VAN VOORHIS:
Q. What paper are you reading from?
A. From a memorandum I made at the time--No, it is a paper that was given on the last day of registry.
Q. A paper that you made yourself?
A. The names that I took.
Q. On the last day of registry?
A. Yes, sir.
By MR. CROWLEY:
Q. State them.
A. The names of the parties that I found on the poll list as having registered; I didn't see them all register myself, but I did a good portion of them.
Q. I am asking you to state who you saw register. I don't ask you who were registered before your attention was called to the list.
A. Well, I saw Rhoda DeGarmo register; Miss Mary Anthony, Sarah C. Truesdell, Susan M. Hough; I think I saw Nancy M. Chatfield register; Mrs. Margaret Leyden, Mrs. M.E. Pulver; those I recollect; I was better acquainted with those than with the others.
Q. At the time you saw these ladies register, were the three inspectors, Hall, Jones, and Marsh present?
A. Some of the time I saw all three, I think, there; at other times I saw but two of them; sometimes Hall and Jones, sometimes Marsh and Jones, sometimes Hall and Marsh; I think they took turns when they went to dinner.
Q. On the day of election were you at the polls?
A. I was.
Q. Did you see any of these women vote on the day of election?
A. I did.
Q. Were these defendants present when their votes were received?
A. They were.
Q. And did they receive their votes?
A. They did.
Q. Who did you see vote, or offer their votes upon the day of election?
A. Susan B. Anthony, Mrs. McLean, Rhoda DeGarmo, Mary Anthony, Ellen S. Baker, Sarah C. Truesdell, Mrs. Hough, Mrs. Mosher, Mrs. Leyden, Mrs. Pulver. I recollect seeing those ladies; in fact, I think I saw the whole of them vote with the exception of two, but I will not be positive on that point.
Q. But you saw those whose names you have given?
A. Yes, sir.
Q. Do you know how many tickets they voted, or offered to the inspectors?
A. I think they voted four tickets.
Q. Do you know how these tickets were endorsed, or what they were called?
A. I was not near enough to see the endorsement; I noticed which boxes they went into.
Q. Upon the day of election were the defendants Jones, Marsh, and Hall, acting as inspectors of election?
A. Yes, sir.
Q. Receiving votes?
A. Yes, sir.
Q. And were acting as inspectors of election when these ladies voted?
A. Yes, sir.
Q. About what time in the day, or what time in the morning was it that these ladies voted?
A. I think there had been but a very few votes received in the morning when a number of them voted.
Q. Well, was it about 5 o'clock in the morning--very early?
A. No, sir; not so early as that; the probability is that there was not over 20 or 25 votes received before they presented theirs.
_Conceded_: That the women named in the indictment were women on the 5th day of November, 1872.
_Cross-Examination by_ MR. VAN VOORHIS:
Q. Which of those persons did you see register?
A. Mrs. Hough, Mrs. Pulver, Mrs. Truesdell, Mrs. Leyden.
Q. Do you swear you saw Mrs. Leyden register?
A. I think I did.
Q. Take a second thought and see if you are willing to say you saw her register--please look off that paper. Do you recollect seeing those persons register, or do you suppose they did, because you find it on a paper there?
A. No, sir; I recollect seeing pretty much all of them on my list with the exception of one or two; I won't be fully positive I saw Mrs. Leyden register; I saw her vote.
Q. Did you go to Mrs. Leyden's house and advise her to go and register?
A. I don't think I did.
THE COURT: That is not important.
Q. Do you recollect seeing any others register except those you have now mentioned?
A. I think I saw Mary Anthony.
Q. Any other?
A. Mrs. Chapman.
Q. Can you recollect this without looking at that paper?
A. Well, the object in looking at that paper is to try to refresh my memory on which day they registered.
Q. Does that paper contain dates?
A. No, sir; it contains the names of all those who registered.
Q. You copied that paper from the registry, didn't you?
A. They were copied by Hall at the time of the election, and handed to me.
Q. What was your business at the registry at that time?
A. I had a poll list; I was checking parties that I supposed had a legal right to vote.
Q. What sort of a poll list?
Objected to as immaterial.
THE COURT: It is only competent as a test of his knowledge.
A. I had canvassed the ward and taken a list of all the voters in the first district; all those that I supposed would be entitled to vote.
Q. You had canvassed the ward in the employment of somebody?
Objected to as immaterial.
Q. How many of these people did you see vote?
A. I think I saw the whole of them vote, with the exception of Mrs. Hough and Mrs. Cogswell.
Q. Who took Miss Anthony's vote?
A. Mr. Jones.
Q. Were both the other inspectors present when he took it?
A. I believe they were.
Q. Did Jones take all of the votes of those persons whose names you have on your list?
A. I don't think he did.
Q. Who took any others that you saw?
A. I saw Mr. Hall take some of the ballots.
Q. How many?
A. I couldn't tell how many.
Q. Did you see him take more than one?
A. I don't know as I did.
Q. Do you know whose it was?
A. If I recollect right, it was Mrs. DeGarmo's.
Q. At that time was Jones there?
A. No, I believe Jones had stepped out.
Q. Hall received the vote on account of Jones being absent?
A. I believe so.
Q. Jones' position was at the window receiving votes?
A. Yes, sir.
Q. Who put them in the boxes?
A. Jones and Hall.
Q. You were not near enough to see what these ballots were?
A. No, sir.
Q. How many ballot boxes were there?
A. Six, if I recollect right.
Q. And six tickets voted at that poll?
A. Six tickets altogether; there was the Constitutional Amendment voted at that election.
Q. Did you observe which boxes the tickets of these persons were put into?
A. I did.
Q. Which were they?
A. I think that the ballots that these ladies voted.
Q. I don't want what you think; I want what you know.
A. Well, they went into those boxes; Member of Congress, Member at Large.
Q. Were there two boxes for Congressmen?
A. I think there was; I am not quite positive; I rather think I am mistaken about that.
Q. Well, give us what you know about the boxes?
A. The most that I know about is, that the remark was made by the inspector that they voted the four tickets.
Q. You heard the remark made that they voted four tickets; who made that remark?
A. Mr. Jones or Mr. Hall; when they passed their ballots they would say, "They vote all four tickets; no Constitutional Amendment voted."
Q. That was the practice of the inspector, no matter who voted?
A. Yes, sir.
Q. Then you didn't see the tickets as they went into the boxes?
A. No, sir.
Q. You can't swear which boxes they went into?
A. I understood from the inspectors that they voted all the tickets with the exception of the Constitutional Amendment.
Q. I don't ask for any conversation; I ask for what you know by what you saw.
A. Well, I wasn't near enough to read the tickets.
Q. Did you hear either of the inspectors say anything about it?
A. I did.
Q. Which one?
A. I heard the inspector that would be at the window where the ballots would be received.
Q. Name him.
A. I heard Mr. Jones say that they voted the four tickets.
Q. Was that all he said?
A. Well, he would declare it in this way; sometimes he would say, "They vote all the tickets with the exception of the Amendment;" that is the way he generally declared it.
Q. I want to get at what he said when these votes were taken?
A. He didn't at all times declare the ticket voted.
Q. Are you willing to testify that you recollect distinctly, anything that was said by either of the inspectors when these ladies voted?
A. Most decidedly; I heard Jones say that they voted the Congressional ticket; I heard him say that they voted all the tickets.
Q. At the time they voted?
A. The question would be asked what tickets they voted, and he would say, "All the tickets with the exception of the Amendment."
Q. Did he mention the Congressional ticket?
A. I think he did.
Q. Do you recollect that he did?
A. My impression is that he said so; I can't say positively.
Q. Did you say anything there, about getting twenty women to vote?
Objected to as immaterial.
MR. VAN VOORHIS: I propose to show that this witness said to parties there that he would go and get twenty Irish women to vote, to offset these votes.
Objected to as immaterial.
Objection sustained.
WILLIAM F. MORRISON recalled.
_Examined by_ MR. CROWLEY:
Q. Please point out the following names, if you find them in the registration list: Susan B. Anthony?
A. I find it.
Q. Sarah Truesdell?
A. Sarah C. Truesdell.
Q. Mary Pulver?
A. M.P. Pulver.
Q. Mary Anthony?
A. I find it.
Q. Ellen S. Baker?
A. Yes, sir; I have it.
Q. Margaret Leyden?
A. Margaret L. Leyden.
Q. Ann S. Mosher?
A. Hannah L. Mosher.
Q. Nancy M. Chapman?
A. Nancy M. Chapman.
Q. Lottie B. Anthony?
A. Lottie B. Anthony.
Q. Susan M. Hough?
A. Susan M. Hough.
Q. Hannah Chatfield?
A. Hannah Chatfield.
Q. Mary S. Hibbard?
A. Mary S. Hibbard.
Q. Rhoda DeGarmo?
A. I don't find any such name; I find Robert DeGarmo and Elias DeGarmo.
Q. Jane Cogswell?
A. Jane Cogswell.
Q. Now turn to the names of voters contained in the list copied upon election day; do you find the name of Susan B. Anthony upon that list?
A. I do.
Q. Sarah Truesdell?
A. Yes, sir.
Q. Mary Pulver?
A. Yes, sir.
Q. Mary Anthony?
A. Yes, sir.
Q. Mary S. Baker?
A. Yes, sir.
Q. Margaret Leyden?
A. Yes, sir.
Q. Ann S. Mosher?
A. Hannah L. Mosher.
Q. Nancy Chapman?
A. Yes, sir.
Q. Lottie B. Anthony?
A. Yes, sir.
Q. Susan M. Hough?
A. Yes, sir.
Q. Hannah Chatfield?
A. Yes, sir.
Q. Mary S. Hibbard?
A. Yes, sir.
Q. Rhoda DeGarmo?
A. I find Mrs. Rosa DeGarmo.
Q. Jane Cogswell?
A. Yes, sir.
Q. Upon the list copied by the inspectors upon the day of election, is there any heading purporting to show what tickets these people voted?
A. Yes, sir.
Q. Please state from the heading what tickets it purports to show they voted?
A. The first column is Electoral; the second, State; the third, Congress; the fourth, Assembly; the fifth, Constitutional Amendment.
Q. Please look and see which of those tickets the list purports to show that they voted?
MR. VAN VOORHIS: I object to any marks upon that book which the witness didn't make, as any evidence that these persons voted for members of Congress.
By THE COURT:
Q. What is the statement there?
A. After the name of Miss Susan B. Anthony in the column of electors there is a small, straight mark.
MR. VAN VOORHIS: I object to that, as not evidence of what these votes were.
THE COURT: I think it is competent.
By MR. CROWLEY:
Q. State, Mr. Morrison?
A. Opposite each of the names that I have read there are checks, showing that they voted Electoral, State, Congressional and Assembly tickets--four tickets.
Q. There are a large number of the inspectors' books of the last election filed with you as City Clerk, are there not?
A. Yes, sir.
Q. Do you know what the custom or habit is of copying these books when people vote?
Objected to.
Q. What custom the inspectors have of indicating what tickets a person votes when he offers his vote?
Objected to. Question withdrawn.
_Cross-Examination by_ MR. VAN VOORHIS.
Q. All you know about these tickets or that book, is what appears on the face of it, is it not?
A. Yes, sir; that is all.
Q. You don't know who made those straight marks?
A. I don't.
Q. Or why they were made, so far as you have any knowledge?
A. No, sir.
Q. Do you know what those letters are? [Pointing on the book.]
A. Preliminary oath and general oath, I should say.
Q. You would say that to each of these persons the preliminary oath was administered, and also the general oath?
A. Yes, sir; it so shows here.
MRS. MARGARET LEYDEN, a witness called in behalf of the United States, having been duly affirmed, testified as follows:
_Examined by_ MR. CROWLEY:
Q. Did you reside in the City of Rochester in the month of November, 1872?
A. Yes, sir.
Q. Did you reside in the 8th ward?
A. I did.
Q. In the first election district of that ward?
A. I did.
Q. Was your name registered before the election which took place on the 5th of November, 1872?
A. It was.
Q. By whom?
A. I think Mr. Jones; in fact, all three of the inspectors were there.
Q. Did you, upon the 5th day of November, vote?
A. I did.
Q. Who received your vote?
A. Mr. Jones.
Q. Were the other inspectors there at the time?
A. Yes, sir.
Q. Did you vote for a candidate for Congress?
A. I did.
_Cross-Examination by_ MR. VAN VOORHIS:
Q. Was Mr. Lewis there when you registered?
A. Mr. Lewis was not there.
Q. Do you recollect who took your vote?
A. I think Mr. Jones took it; I know he did.
Q. Was your ballot folded up?
A. It was.
Q. Could any person read it, or see what you voted, or who you voted for?
A. No one but my husband.
Q. He saw it before you voted?
A. Yes, sir.
Q. Was your husband present when you voted?
Objected to as immaterial.
A. He was.
Q. No one had seen your ballot except your husband before you handed it in?
A. No, sir.
Q. And when you handed it in it was folded, so that no one could see it?
A. It was.
THE COURT: What is the object of this?
MR. VAN VOORHIS: The District Attorney inquired if she voted a certain ticket, and assumes to charge these inspectors with knowing what she voted. It is to show that the ticket being folded, the inspector could not see what was in it.
Q. In voting, did you believe that you had a right to vote, and vote in good faith?
Objected to as immaterial.
Objection sustained.
_Re-Direct Examination by_ MR. CROWLEY:
Q. You have heard me name the different persons, have you not, when I asked Mr. Morrison questions?
A. Yes, sir.
Q. Were these people, or any of them, present, and were they registered at the same time you were?
A. Some of them were present.
Q. Who?
A. Mrs. Lottie B. Anthony; there was one lady that registered who didn't vote; I think Mrs. Anthony was the only lady that was present that voted; I can't recollect any more names.
Q. Who of these ladies were present when you voted and voted with you, if any?
A. Miss Susan B. Anthony, Mrs. Pulver, Mrs. Mosher, Mrs. Lottie B. Anthony, Miss Mary Anthony, Miss Baker, Mrs. Chapman.
Q. Did they all vote on that occasion?
A. They did.
_Re-Cross Examination by_ MR. VAN VOORHIS.
Q. Mrs. Lottie B. Anthony is the wife of Alderman Anthony?
A. Yes, sir.
_United States rests._
Case opened in behalf of the defendants by MR. VAN VOORHIS.
BEVERLY W. JONES, one of the defendants, having been duly sworn as a witness in his own behalf, testified as follows:
_Examined by_ MR. VAN VOORHIS.
Q. Mr. Jones, where do you reside?
A. Eighth ward, city of Rochester.
Q. What is your age?
A. Twenty-five last spring.
Q. Are you one of the defendants in this indictment?
A. Yes, sir.
Q. Were you inspector of election in the 8th ward?
A. Yes, sir.
Q. Which district?
A. First district.
Q. Were you elected or appointed?
A. Elected.
Q. By the people of the ward?
A. Yes, sir.
Q. Were you present at the Board of Registry when Miss Anthony and others appeared there and demanded to be registered?
A. I was.
Q. Won't you state what occurred there?
A. Miss Anthony and two other ladies came into the room; Miss Anthony asked if this was the place where they registered the names of voters; I told her it was; she said she would like to have her name registered; I told her I didn't think we could register her name; it was contrary to the Constitution of the State of New York; she said she didn't claim any rights under the Constitution of the State of New York; she claimed her rights under the Constitution of the United States; under an amendment to the Constitution; she asked me if I was conversant with the 14th amendment; I told her I had read it and heard of it several times.
Q. Before you go further, state who was present at that time?
A. William B. Hall and myself were the only inspectors; Mr. Marsh was not there; Daniel J. Warner, the United States Supervisor, Silas J. Wagner, another United States Supervisor, and a United States Marshal.
Q. State which one of these was Republican, and which one Democratic.
A. Silas J. Wagner, Republican; Daniel J. Warner, Democratic.
Q. Now go on.
A. She read the 14th amendment to the Constitution of the United States; while she was reading the amendment and discussing different points, Mr. Daniel J. Warner said--
MR. CROWLEY: I submit to the Court that it is entirely immaterial what either Warner or Wagner said.
THE COURT: I don't see that that is competent in any view of the case.
Q. (By the Court). Was your objection to registering Miss Anthony on the ground that she was a woman?
A. I said it was contrary to the Constitution of the State of New York, and I didn't think that we could register her.
Q. (By the Court.) On what ground was that?
A. Well, on the ground that she was a woman.
By MR. VAN VOORHIS:
Q. You may proceed and state what occurred there?
A. Mr. Warner said--
Objected to.
THE COURT: I don't think that is competent, what Warner said:
MR. VAN VOORHIS: The district attorney has gone into what occurred at that time, and I ask to be permitted to show _all_ that occurred at the time of the registry; this offense was committed there; it is a part of the _Res Gesta_; all that occurred at the moment Miss Anthony presented herself and had her name put upon the registry.
THE COURT: I don't think that is competent.
MR. VAN VOORHIS: I ask to show what occurred at the time of registry.
THE COURT: I don't think it is competent to state what Warner or Wagner advised.
MR. VAN VOORHIS: So that the question may appear squarely in the case I offer to show what was said and done at the time Miss Anthony and the other ladies registered, by them, the inspectors, and the federal Supervisors, Warner and Wagner, in their presence, in regard to that subject.
THE COURT: I exclude it.
MR. VAN VOORHIS: Does that exclude all conversations that occurred there with any persons?
THE COURT: It excludes anything of that character on the subject of advising them. Your case is just as good without it as with it.
MR. VAN VOORHIS: I didn't offer it in view of the advice, but to show precisely what the operation of the minds of these inspectors was at that time, and what the facts are.
THE COURT: It is not competent.
By MR. VAN VOORHIS:
Q. Were you present on the day of election?
A. Yes, sir.
Q. Did you receive the votes of these persons?
A. I did.
Q. How many ballot boxes were there there?
A. Six.
Q. What position did you occupy during the day?
A. Chairman of the Board.
Q. Did you stand at the window and receive the votes?
A. Most of the time I did.
Q. Were those ballots which you received from them folded?
A. They were.
Q. Did you or any of the inspectors see or know the contents of any of the ballots?
MR. CROWLEY: If your Honor please, I submit it is entirely immaterial whether these inspectors saw the names upon the ballots.
THE COURT: I have excluded that already. It is not competent. It is proved that they put in votes, and it is proved by one of the ladies that she did vote for a candidate for Congress.
MR. VAN VOORHIS: I propose to show by the witness that he didn't know the contents of any ballot, and didn't see it.
THE COURT: That will be assumed. He could not do it with any propriety.
By MR. VAN VOORHIS:
Q. Did either one of the inspectors object to receiving the votes of the women at the polls?
A. Yes, sir.
Q. Which one?
A. William B. Hall.
Q. Did he take any part in receiving votes, and, if so, state what part?
A. I believe that he took the ballot of one lady, and placed it in the box. I stepped out, I believe, for a few moments.
Q. Did it to accommodate you while you stepped out?
A. Yes, sir.
Q. On the day of registry did the inspectors as a board decide unanimously to register these votes, all three of you consenting?
A. We did.
Q. When you came to receive the votes, Hall dissented?
A. He did, sir.
Q. But the other two were a majority, and he was overruled; was this the way it was, or wasn't there anything in form said about it?
A. He was overruled; I felt it my duty to take the ballots.
Q. In receiving those ballots did you act honestly in accordance with your sense of duty, and in accordance with your best judgment?
A. I did.
By MR. CROWLEY:
Q. All three of the inspectors agreed in receiving these names for registration, did they not?
A. Yes, sir.
By MR. VAN VOORHIS:
Q. I meant to have asked you in reference to the challenges; state whether or not challenges were entered against these voters prior to the day of election?
A. There was.