It certainly does so in all those cases, where the judge shall be of the
opinion that the facts which he may regard as clearly proved, lead
necessarily to the guilt of the defendant. Of course by refusing to
submit any question to the jury, the judge refuses to allow counsel to
address the jury in the defendant's behalf.

The constitutional provisions which I insist are violated by this
proceeding are the following:

Constitution of the United States, article 3, section 2. "The trial of
all crimes, except in cases of impeachment, shall be by jury."

Amendments to Constitution, article 6. "In all criminal prosecutions,
the accused shall enjoy the right to a speedy and public trial, by an
impartial jury of the State and District wherein the crime shall have
been committed, which district shall have been previously ascertained by
law; and to be informed of the nature and cause of the accusation; to
be confronted with the witnesses against him; to have compulsory process
for obtaining witnesses in his favor, and to have the assistance of
counsel for his defense."

In accordance with these provisions, I insist that in every criminal
case, where the party has pleaded not guilty, whether upon the trial the
guilt of such party appears to the Judge to be clear or not, the
response to the question, guilty or not guilty, must come from the jury,
must be their voluntary act, and cannot be imposed upon them by the
Court.

No opportunity has been given me to consult precedents on this subject,