Salt Lake evening Democrat. [volume] (Salt Lake City, Utah) 1885-1887, 1885-09-11
THE WITT CASE.

Inc examination OF tne Witnesses IN
the Witt unlawful cohabitation case was
a renewed of those scenes of prevarication
and falsehood which have become so
common here in Utuh. In the name of
religion and claiming the sanction of God
for their acts, men commit perjury and
utter falsehoods with unblushing effront-
cry. Here is specimen of this perjury
and falsehood of which we speak, which
occurred in the Witt case yesterday. We
take the report from the Salt Lake Herald,
strong Mormon paper, that it shall not
appear as overdrawn. The examination
was of Martha Witt, the alleged second
wife of John w. Witt. Here is the ac-
count
Martha Witt advanced with a firm,
sprightly step, and testihed-I married the
defendant in '69, and have had four children
by him; the last died three years ago this
spring; 1T was born November LIST, 1880; Mr..
Witt has come to see me few times only in
the past ten years. we never separated, and
never had any agreement to live apart; he
don't come to see me very often-perhaps he
averages once month; he has come less fire.
quently for five years back; he has not
stopped all night with me for six or seven
years. He has not taken meals at my house
for more than six or seven years. The child
rem call him father. l still treat and recog-
nize him as my husband.
To Mr.. Richards-During the past five or
six years he has called on me in the day
time about once a month, but has never
slept or eaten at my house. He has never
lived with me as husband, nor with him
as wife for the past three years.
To Mr.. Dickson-This is also true of the
last five or six years-yes.
Mr. Dickson-Yet your last child was be-
gotten within that time, was it not?
(Defantly.) Yes, it was, but l have not
sustained the relation of wife to him during
three years.
Mr.. D.-Will you-look up please-say be-
fore your God that you have not?
Al do say have not.
Q.-Have you ever since the birth of that
child?
Al don't think have.
s Q.-Do you know2
Al know Ihave not. Since the birth of
the child, Mr.. Witt and / talked together of
living apart for the future.
Mr.. D.-Did not you say directly to the
contrary few minutes ago?
A.-(After long pause.) guess l did.
Q.-Was that false?
Al guess it was.
Q.-Did you know 1t was false?
Al guess / spoke before l thought.
Resumed.-The reason we did not live to-
gether was that he did not treat me right:
he did not come to see me often enough; /
told him l would not raise any more family
for him.
Q.-When the little quarrel was over did
you kiss and make it up?
A.-No sir. (After pause.) We did make
up our little differences. l am friendly with
him now. We did not continue our relations
because did not wish to raise any more
children. We also had some talk about the
Edmunds law, soon after it passed in 1882.
Mr.. Doh, that was the reason, was it,
of your not living together?
Alt was.
Mr.. D.-Why didn't it occur to you when
was pressing you for a reason for your not
living together, that you had talked about
the Edmunds law?
Al can't think of everything at once.
never go out with him. 1 recognize him as
my husband because / have never had bill
from him.
Mr.. Dickson (wearily) y)-That's all"
And that testimony was given to de-
fend religion and to save the rights of
consciencel
There is one thing to be specially noted |
in this testimony, and which occurs in !
most of these unlawful cohabitation |
cases, which is the statement of Martha
Witt that she had not Sustained the re-
lation of wife to him" (Witt) "during
three years." To a stranger unacquainted !
with the condition of affairs here there
would appear to be nothing remarkable
about three years being specified |
instead OF one or two, or four /
or five; but there is a purpose !
in three years, and it is this /
The United States statute of limitations
runs against the crime of unlawful cohab-
itation in just three years. If anyone
imagines that those who violate the anti
polygamy law and the unlawful cohabi-
tation law are not fully cognizant of the
time necessary to bar prosecutions for
the violations of these statutes, such
person is greatly in error. Living down
the statute in Utah is regular thing,
and men and women are both willing
to hide their relations to each other
for three years in the hope of
avoiding prosecution. 1t may be
asked what remedy there is for such a
condition of things. There is a remedy
for this living down the statute that vio-
lations of the law may go unpunished,
which is to repeal the United States
statute of limitations so far as prosecu-
lions for nolygamy and nnlaMfnl cohahi-