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 cannot 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 until 7
P.M.

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, whereupon the Court said: 

THE COURT:  Is there anything upon which I can give you any advice, gentlemen, or any information?

A JUROR:  We stand 11 for conviction, and 1 opposed.

THE COURT:  If that gentleman desires to ask any questions in respect to the questions of law, or the facts in the case, I will give him any information he desires. (No response from the jury.) It is quite proper, if any gentleman has any doubt about anything, either as to the law or the facts, that he should state it to the Court.  Counsel are both present, and I can give such information as is correct.

A JUROR:  I don’t wish to ask any questions.

THE COURT:  Then you may retire again, gentlemen.  The Court will adjourn until to-morrow morning.

The jury retired, and after an absence of about ten minutes returned into court.

The clerk called the names of the jury and then said: 

THE CLERK:  Gentlemen, have you agreed upon your verdict?

THE FOREMAN:  We have.

THE CLERK:  How say you, do you find the prisoners at the bar guilty of the offense whereof they stand indicted, or not guilty?

THE FOREMAN:  Guilty.

THE CLERK:  Hearken to your verdict as it stands recorded by the Court.  You say you find the prisoners at the bar guilty of the offense whereof they stand indicted, and so say you all.