3.  The third count charges that the defendants, being inspectors of elections, received the votes of fourteen women who had no right to vote, wrongfully.

This count does not allege that it was the duty of the defendants to receive or count the votes.  It simply alleges that they were Inspectors of Election.  Their duties as such are not stated.  It is not alleged that as such inspectors they were charged with the duty of receiving and counting votes.  It is not claimed by the indictment that these votes were counted or put into the ballot box—­or affected the result.  The defendants simply received the votes.  What they did with them, does not appear.  Any bystander, who had received these votes, could be convicted under this indictment as well as they.

WILLIAM F. MORRISON, a witness called in behalf of the United States, testified as follows: 

Examined by Mr. Crowley: 

Q. Where did you live, in November, 1872?

A. City of Rochester.

Q. Where do you live now?

A. Same place.

Q. Did you occupy any official position in the month of November, 1872?

A. I did.

Q. And do you now?

A. Yes, sir.

Q. What is it?

A. City Clerk.

Q. Have you any registration lists and poll lists of the 1st Election
District, 8th Ward, City of Rochester, in your possession?

A. I have.

Q. Will you produce them?

[Witness produces two books.]

Q. Do you know the defendants, Beverly W. Jones, Edwin T. Marsh, and Wm.
B. Hall, or any of them?

A. I know them all.

Q. Do you know their hand-writing?

A. I cannot say that I do.

Q. What are those books you hold in your hand?

A. The register of the Board of Registry, and the poll list kept on election day.

Q. In what district?

A. 1st election district of the 8th Ward.

Q. By whom were those books left in your office, if by any one?

A. To the best of my knowledge, they were left by Beverly W. Jones,
Chairman of the Board of Inspectors.

Q. By whom do they purport to be signed?

A. Beverly W. Jones, Wm. B. Hall, and Edwin T. Marsh.

Q. Is there a certificate attached to them, purporting to show what they are?

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?