MR. VAN VOORHIS:  Yes, your Honor.

THE COURT:  What?

MR. VAN VOORHIS:  The jury must pass upon the whole case, and particularly as to whether any ballots were received for representative in Congress, or candidates for representative in Congress, and whether the defendants acted wilfully and maliciously.

THE COURT:  It is too plain to argue that.

MR. VAN VOORHIS:  There is nothing but circumstantial evidence.

THE COURT:  Your own witness testified to it.

MR. VAN VOORHIS:  But “knowingly,” your Honor, implies knowing that it is a vote for representative in Congress.

THE COURT:  That comes within the decision of the question of law.  I don’t see that there is anything to go to the jury.

MR. VAN VOORHIS:  I cannot take your Honor’s view of the case, but of course must submit to it.  We ask to go to the jury upon this whole case, and claim that in this case, as in all criminal cases, the right of trial by jury is made inviolate by the constitution—­that the Court has no power to take it from the jury.

THE COURT:  I am going to submit it to the jury.

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, 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.