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Updated: September 15, 2025
Van Voorhis asserting that "trial by jury was completely annihilated in this case, and there is no remedy except to appeal to the justice of Congress to remit the fine and declare that trial by jury does and shall exist in this country." The appeal, or petition, was prepared and Miss Anthony carried it to Washington when she went to the National Convention, January 15, 1874.
Van Voorhis found an authority also in an act passed by the British Parliament in 1792, correcting the departure from the common law, in respect to the rights of juries, by Lord Mansfield and his associates in the cases of Woodfall and Shipley. This act was passed through the exertions of Lord Camden and Mr.
Judge Selden, however, in kindness of heart, said there were times when a client must be guided by advice of her counsel, and himself went on her bond. As she came out of the courtroom she met her other lawyer, Mr. Van Voorhis, and told him what had been done. He exclaimed, "You have lost your chance to get your case before the Supreme Court by writ of habeas corpus!"
That," he added, "is, to my mind, the only sensible way of preparation, for the morrow." He pointed to the old sergeant seated beside the fire with his Bible; and I glanced into his boyish face with no little surprise. "Some remark Surgeon Van Voorhis made caused me to deem you indifferent in such matters." "No doubt," he said, dryly.
Even that intrepid fighter, John Van Voorhis, could find no loophole, and another of her loyal friends in the legal profession, Albert G. Riddle, wrote her, "There is not, I think, the slightest hope from the courts and just as little from the politicians. They will never take up this cause, never!
"He is acting as officer of the day," returned Heald, somewhat stiffly, "and is therefore not eligible for such service. Perhaps one of the officers here present possesses courage enough for the venture?" Apparently neither cared to express himself, after such an insinuation. At last one, whose voice I recognized as that of Surgeon Van Voorhis, gave utterance to his refusal.
Ignorant of the technicalities of the law, she did not realize the far-reaching implications of this well-intentioned act until they left the courtroom and in the hallway met tall vigorous John Van Voorhis of Rochester who was working on the case with Judge Selden.
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