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: