The Judicial Process: A Chronology
November 18, 1872
U.S. Commissioner’s Office, Rochester, New York
A deputy federal marshal arrested Susan B. Anthony and brought her before U.S. Commissioner William Storrs on the complaint of Sylvester Lewis, a Democratic poll watcher, who alleged that Anthony violated section 19 of the Enforcement Act of 1870 by voting in the congressional election on November 5. Anthony’s lawyers refused to enter a plea, and the commissioner scheduled an examination.
November 29, 1872
U.S. Commissioner’s Office, Rochester, New York
At the examination before Commissioner Storrs, Assistant U.S. Attorney John Pound presented the government’s witnesses to prove that Anthony was a woman, that she cast ballots under oath, and that she voted for members of Congress. Defense attorneys John Van Voorhis and Henry Selden pointed out that the government did not establish that Anthony “knowingly” voted in violation of the law, as they argued was required for prosecution under the Enforcement Act. When Commissioner Storrs refused to dismiss the case, the defense attorneys asked for time to prepare an argument. The examination was adjourned until December 20 (and later postponed until December 23).
December 23, 1872
Common Council Chamber, Rochester, New York
When examination of Anthony resumed before Commissioner Storrs, Selden, aided by Van Voorhis, argued that women had a constitutional right to a voice in selecting their representatives and reiterated that for criminal conviction the government must establish that Anthony knew she did not have the right to vote. Assistant U.S. Attorney Pound disputed Selden’s constitutional argument and cited congressional reports denying women’s right to vote as reason to believe Anthony knew she lacked the right. Storrs adjourned the examination until December 26.
December 26, 1872
U.S. Commissioner’s Office, Rochester, New York
Commissioner Storrs concluded that Anthony and all the women who voted at the same polling place had probably violated the law and should be held pending the action of the federal grand jury at the January 1873 term of the U.S. District Court in Albany. He held them to $500 bail. Anthony refused bail.
December 30, 1872
U.S. Commissioner’s Office, Rochester, New York
The commissioner held an additional bail hearing for all the defendants. Fourteen women posted bail, while Anthony was placed in the custody of Deputy Federal Marshal Elisha Keeney. Nominally, Anthony was committed to the jail of Albany County, but in fact she was never held there.
January 2, 1873
U.S. District Court for the Northern District of New York at Buffalo
Anthony’s attorneys petitioned U.S. District Judge Nathan K. Hall for a writ of habeas corpus, and Hall scheduled a hearing in Buffalo on January 10.
January 10, 1873
U.S. District Court for the Northern District of New York at Buffalo
The federal marshal delivered his return on the writ to Judge Hall, explaining why Anthony should remain in custody. U.S. Attorney Richard Crowley informed Judge Hall that he was not yet prepared for a hearing on the petition. Hall rescheduled the hearing for January 21 in Albany.
January 21, 1873
U.S. District Court for the Northern District of New York at Albany
Before Judge Hall, Henry Selden argued again that Anthony should not be held in custody because she had a right to vote and because the government had not established criminal intent on her part. Hall did not release Anthony but returned her to the marshal’s custody.
January 22 or 23, 1873
U.S. Circuit Court for the Northern District of New York at Albany
Anthony’s attorneys appealed the district court’s decision not to release her; the appeal went to Judge Lewis B. Woodruff of the U.S. Circuit Court.
January 24, 1873
U.S. District Court for the Northern District of New York at Albany
A federal grand jury sitting in Albany indicted Anthony and the other women voters, and the district judge held them to answer at the district court in May at Rochester. Anthony was arraigned, and Henry Selden posted Anthony’s new bail of $1,000.
May 22, 1873
U.S. District Court for the Northern District of New York at Rochester
U.S. Attorney Richard Crowley submitted a request that the district court remit United States v. Susan B. Anthony to the circuit court sitting at Canandaigua in June. Crowley announced that Anthony’s would be made the test case. On the same day, the other voters were arraigned in the court. Arguing that they should be treated like any criminal, Richard Crowley sought bail for each of them. If the Congress had not prescribed rules of procedure, the federal courts in 1873 followed the rules of the state in which they met, and Henry Selden reminded the court that under New York state law, when the prosecution delayed a trial against the wishes of the defense, defendants were released on their own recognizance. Judge Hall agreed.
June 17, 1873
U.S. Circuit Court for the Northern District of New York at Canandaigua
The trial of Susan B. Anthony opened with Supreme Court Justice Ward Hunt presiding. After the jury was impaneled, U.S. Attorney Crowley made a brief statement of the case and called the government’s witnesses. Henry Selden opened the defense and had himself sworn in as a witness, testifying that he had advised Anthony of her right to vote. The judge denied Anthony’s motion to testify on her own behalf. Selden then made his principal argument in the case.
June 18, 1873
U.S. Circuit Court for the Northern District of New York at Canandaigua
Richard Crowley argued the government’s case. Justice Hunt then read his opinion and announced his decision to direct the jury to return a guilty verdict. At the conclusion, Henry Selden asked the judge to submit the case to the jury on the question of intent. Justice Hunt declined and directed the jury to enter a verdict of guilty. In the afternoon of the same day, the trial of the inspectors began, and the jury determined they were guilty of violating the Enforcement Act of 1870 when they registered the women and allowed them to vote.
June 19, 1873
U.S. Circuit Court for the Northern District of New York at Canandaigua
Henry Selden moved for a new trial on the grounds that Anthony had been denied a trial by jury. Richard Crowley responded to Selden’s argument, and Justice Hunt ruled that no errors had occurred and no new trial was necessary. Before sentencing, Justice Hunt famously asked if Anthony had anything to say, and thus occasioned her well-known attack on the justice system that arrested and convicted her. Hunt sentenced Anthony to a fine of $100 and the cost of prosecution. He stated, however, that he would not hold her in jail pending payment of the fine.
John Van Voorhis moved for a new trial for the inspectors of election, and Hunt denied the motion. The inspectors were each fined $25 and the cost of prosecution.
June 21, 1873
U.S. Circuit Court for the Northern District of New York at Canandaigua
U.S. Attorney Crowley entered motions of nolle prosequi in the cases of the fourteen women who voted with Anthony, thus formally announcing that he would not prosecute any of them.
July 24, 1873
U.S. Circuit Court for the Northern District of New York
Deputy Federal Marshal Elisha Keeney reported to the court that he could not find any goods to seize to pay Anthony’s fine.
The Trial of Susan B. Anthony