MR. VAN VOORHIS: I suppose it will be conceded that Hall stands in the same position as to his motives?
MR. CROWLEY: Yes; we have no evidence to offer upon that question at all.
Evidence closed.
* * *
Mr. Van Voorhis addressed the Court at some length, as follows:
May it please the Court, I submit that there is no ground whatever to charge these defendants with any criminal offense.
1. Because the women who voted were legal voters.
2. Because they were challenged and took the oaths which the statute requires of Electors, and the Inspectors had no right, after such oath, to reject their votes.
1 R.S. Edmonds Ed., 126-127.
The duty of Inspectors of Election is defined by the
Statute as follows:
“Sec. 13.
If any person offering to vote at any election shall
be
challenged in relation
to his right to vote at that election, by an
Inspector, or by any
other person entitled to vote at the same
poll, one of the Inspectors
shall tender to him the following
preliminary oath:
’You do swear (or affirm) that you will truly
and
fully answer all such
questions as shall be put to you touching
your place of residence
and qualifications as an Elector.’”
“Sec. 14. The Inspectors or one of them shall then proceed to question the person challenged in relation to his name; his then place of residence; how long he has resided in the town or ward where the vote is offered; what was the last place of his residence before he came into that town or ward, and also as to his citizenship, and whether a native or a naturalized citizen, and if the latter, when, where, and in what court, or before what officer, he was naturalized; whether he came into the town or ward for the purpose of voting at that election; how long he contemplates residing in the town or ward; and all such other questions as may tend to test his qualifications as a resident of the town or ward, citizenship and right to vote at that poll.”
“Sec. 15.
If any person shall refuse to take the said preliminary
oath
when so tendered, or
to answer fully any questions which shall be
so put to him, his vote
shall be rejected.”
“Sec. 16.
After receiving the answers of the person so challenged,
the
board of inspectors
shall point out to him the qualifications, if
any, in respect to which
he shall appear to them deficient.”
“Sec. 17. If the person so offering shall persist in his claim to vote, and the challenge shall not be withdrawn, one of the inspectors shall then administer the following oath: ’You do swear (or affirm as the case may be) that you have been a citizen of the United States for ten days, and are now of the age of twenty one years; that you have been an inhabitant of this State for one year next preceding