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Updated: May 15, 2025
Miss Anthony met her counsel at Albany, and on January 21 Judge Selden made a masterly argument before U.S. District-Judge N.K. Hall, in support of her demand for a writ of habeas corpus, and asked the discharge of the prisoner on the grounds: 1st, That in the act complained of she discharged a duty or, at all events, exercised a right, instead of committing a crime; that she had a constitutional and lawful right to offer her ballot and to have it received and counted; that she, as well as her brothers, was entitled to express her choice as to the persons who should make, and those who should execute the laws, inasmuch as she, as well as they, would be bound to observe them. 2d, That, if she had not that right, she in good faith believed that she had it and, therefore, her act lacked the indispensable ingredient of all crime, a corrupt intention.
All did so except Miss Anthony, who refused to give bail and applied for a writ of habeas corpus from U. S. District-Judge N. K. Hall. The Rochester Express, which stood nobly by her through this ordeal, said editorially: Miss Anthony had a loftier end in view than the making of a sensation when she registered her name and cast her vote.
Of all my prosecutors, from the corner grocery politician who entered the complaint, to the United States marshal, commissioner, district-attorney, district-judge, your honor on the bench not one is my peer, but each and all are my political sovereigns; and had your honor submitted my case to the jury, as was clearly your duty, even then I should have had just cause of protest, for not one of those men was my peer; but, native or foreign born, white or black, rich or poor, educated or ignorant, sober or drunk, each and every man of them was my political superior; hence, in no sense, my peer.
He was not going to let her die. He bought an estate in the country and engaged an inspector to look after it. As a sheriff and a district-judge were living on the spot, the lawyer had no occupation. The days seemed to him as endless as they were unpleasant. Since his income had stopped with his practice, he was compelled to live on his wife's money.
My father was a fine man; I have been told that he knew no end of things, and I daresay he did, since he was a district-judge. I know nothing because mother and I were all to each other, and I did not care to learn the things they teach in the schools, and don't care about them now either. Oh, you ought to have seen my mother; she was such a tiny wee lady.
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