The indictment contains no averment that the defendants were "officers of registration," and charged with the duty of making a correct registry of voters. It simply alleges that they were Inspectors of Elections. What that means, the indictment does not inform us. It is not an office defined by the Acts of Congress upon which this indictment was found, nor has the Court any information of which it can take notice as to what are the duties of such officers. In the absence of any claim in the indictment to that effect, the Court will not presume the existence of so important a circumstance against the defendants, and therefore this count of the indictment must fail.
2. The second count is for the same offense, and obnoxious to the same objection. The only variation being that the first count charges the illegal registry of one woman, and the second, fourteen.
3. The third count charges that the defendants, being inspectors of elections, received the votes of fourteen women who had no right to vote, wrongfully.
This count does not allege that it was the duty of the defendants to receive or count the votes. It simply alleges that they were Inspectors of Election. Their duties as such are not stated. It is not alleged that as such inspectors they were charged with the duty of receiving and counting votes. It is not claimed by the indictment that these votes were counted or put into the ballot box—or affected the result. The defendants simply received the votes. What they did with them, does not appear. Any bystander, who had received these votes, could be convicted under this indictment as well as they.
William F. Morrison, a witness called in behalf of the United States, testified as follows:
Examined by Mr. Crowley:
Q. Where did you live, in November, 1872?
A. City of Rochester.
Q. Where do you live now?
A. Same place.