was a question of law to be decided by the court, and not a question of
fact to be decided by the jury.

Sixth--Because the court erred in holding that it was a presumption of
law that the defendant knew that she was not a legal voter, although in
fact she had not that knowledge.

Seventh--Because congress had no constitutional right to pass the act
under which the defendant was indicted, and the act and all proceedings
under it are void.

Sir, so far as my information in regard to legal proceedings extends,
this is the only court in any country where trial by jury exists, in
which the decisions that are made in the haste and sometimes confusion
of such trials, are not subject to review before any other tribunal. I
believe that to the decisions of this court, in criminal cases, no
review is allowed, except in the same court in the informal way in which
I now ask your honor to review the decisions made on this trial. This is
therefore the court of last resort, and I hope your honor will give to
these, as they appear to me, grave questions, such careful and
deliberate consideration as is due to them from such final tribunal.

If a new trial shall be denied to the defendant, it will be no
consolation to her to be dismissed with a slight penalty, leaving the
stigma resting upon her name, of conviction for an offence, of which she
claims to be, and I believe is, as innocent as the purest of the
millions of male voters who voted at the same election, are innocent of
crime in so voting. If she is in fact guilty of the crime with which she
stands charged, and of which she has been convicted by the court, she
deserves the utmost penalty which the court under the law has power to