The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1889-11-22
THE END IS NOT YET.
George Q. Cannon and Henry w.
Lawrence on the Stand.
| NIB. PENRosE MUST TESTIFY.
Mrs. Smith and Others Testify Concerning
the Ceremonies Of the Endowment
Householder Evidence Taken.

= morning, LeGrand Young addressed the cour
and said that the evidence for the applicant hat
been completed with the exception OF some doc
umentary evidence which he desired to submit
Mr. Young stated that some reference had beef
made by the opposing counsel concerning tn
i striking out of the testimony of Mr.. Penrose
and he desired to know what disposition OF it thu
court intended 10 make in order that, if such b.
done, the evidence presented by Mr.. Penros
could be given by other witnesses.
Mr.. Dickson said-We are opposed to the cast
being submitted until We have had an opportun
ity to cross-examine Mr.. Penrose. We have
some important evidence we wish TO elicit from
fhim and ii would materially injure our de
tense, as stated yesterday.
The Court-At present the intention Of the
court is that this case will not close until Mr.
Penrose is ready TO answer the question put tc
him. l don't think it proper that Mr.. Penrpse
should defeat the purposes OF this investigation
The case will be held over until he deems il
Improper to purge himself of the contempt. There
. are other examinations pending before this
~ court which might be taken up.
LeGEs,nd Young-It seems that It would be
propeY0 strike out the evidence, and this is all
: the court should ask. 1t looks to me little
arbitrary the part of the directors to insist on
the examination Of Mr.. Penrose on these Ques.
tons. 1t seems to me that the points which
they claim they desire TO elicit could have been
/ brought ont first and then the witness asked
this question: and If he chose to place himself in
contempt IL would not hinder the progress OF
= this case. Must the court be put 10 a standstill
III because one witness refuses TO be examined on
family affairs, especially when the questions
could have been reversed and the trouble
q avoidcdg would like TO know the standing of
the court on this question or course, it was a
matter simply with the attorneys.
The court-Mr. PenroSe'S testimony Will not
be considered in the matter. 1t would he very
unfair TO permit witness to give testimony on
one side and refuse to be cross-examined. 1t Is
true that these questions could have been
reversed and the trouble avoided, but that
matter lies wholly with the council They have
seen tit TO ask the question.
H LeJCirand Young-We have somewhat antici-
pated this action Of the court and have been
trying this morning TO secure witness who
could give the same testimony as MIR. Penrose,
but in so short time it is hard to find anyone
VI who could give as clear statement. We how
ever would like to introduce the documentary
evidence given by Mr. Penrose.
Mr. Baskin-It has appeared TO me from the
start that all this documentary evidence was not
Il exactly proper but we have no objection to the
evidence being given, but desire that the entire
+ document be placed in evidence and the court
Is permitted to look over the entire works and ser
mons in which the references appear.
= r. W. Young asked to offer as evidence let
ter to President Pierce, signed by Colonel Step
toe and other United States officers, recon-
mending the appointment of Brigham Young as
governor OF Utah, but on Mr.. BaSkin's objection
the ddSsS1inent was ruled out by the court as un-
officiaV Mr.. Young then read an extract from
81 pagef4O0 of the Doctrine and Covenants, being
a PRAYER offered by Joseph Smith at the dedica-
ton ~ the Kirkland temple in March, 1886. ask
ms LO HiAA4N lIo VI 5ON GLAL44NA W
tanned
4 A statement by Mr.. Baslzin in the house
committee on territories, January 81, 1870, was
then offered by MIR. Moyle but Mr.. B2skin OBJ
jected on the ground that the reporter in taking
notes 1T the time did not report all he said.
Mr.. BaSkin took the statement and began to
read it and make explanations, but was stopped
= by the court who stated that he could not be
bound by the staten ents made at that time.
h Mr.. Moyle said BaSkin had asked that the mat
ter be presented il il could be found, but that it
7. ~
MRS BETHsHEBA SMITH
was then placed on the witness stand by the at
3 torneys for the applicant and teStined-I am
slxty-scven years old. Resided in the territory
since 1919. l was born in West Virginia and
: Joined the Mormon church in 1887. Ny husband,
George a. Smith, was first councillor TO Brigham
& Young and died in 1879 Knew Joseph Smith
q quite well, as my husband was his first cousin.
g My husband was made one of the twelve during
q Joseph Smiths lifetime. Joseph Smith died
4 June p, 1874, at Cabbage. III. l have received
the endowmentS, the first time being at Nau-
VOC in 1913 Joseph Smith was there and
presided at the meeting; this was in the
Masonic hall, over Joseph Smiths store, be-
5 heve have been in the temple since it was
completed am familiar with the ceremonies,
as have been through and assisted in the cere
: monies a number OF times. l ofticiated as
priestess in the endowment house for about ten
{ years until five years ago. There has been no
change in the ceremonies from what they were
during the lifetime Of Joseph Smith in the
prayers or otherwise.
To Mr.. Dickson-There is no written ritual as
far as | know. l never accompanied the men
through every room but know what The entire
ceremony was because have heard it.
ToLe(irand GOung-The only reference made
to avenging the blood OF the prophets IS
prayers md a reading OF chapter the Revela-
ton. Pins is performed only in the presence Of
both sales and females and not when they are
separate
understood that the references made by NJ.
Penrose were 10 be admitted as evidence?
The Court understand that the documents
are TO be submitted in evidence.
LeGrand YOung-Ne do not admit. your
honor, that all the speeches made under excite
mont are The doctrines OF the church.
The Court II the court Is compelled 10 read
all the documents placed in evidence. we VIII he
somewhat older before 4 decision is reached.
LeGrand Ioung-Referring TO the evidence Of
Mr.. Wardell concerning the murCer Of the man
Green on Green river, il was stated that Nj
Follett was an eye witness. Now, if your honor
please Mr.. FOllett IS expected 10 arrive in the
city at Il 30, and wou d ask that We ba given
time to place him on the stand. We would also
ask to be per1nittedto secure deposition in the
presence of opposing )unsel, Of Mrs Mercy L.
ThoHpson, who is too i'll to attend court. She
was N the Endowment house in the time Of
Joseph Smith, and We wish TO prove the same
facts by her as by Mrs. Smith.
The opposing counsel was ready to admit that
testimony would be the same, but il was thought
that additional evidence would be brought out,
and it was decided to take the deposition. and
court took a recess until o'clock.
III tOuAs DC4l5 NelAOt - y SAoNEN AAAS AZ boSA
ton of
MERCY r. THOMPSON
was read. She testified that she first took her
endowments III 1913 in q private room in Nauvoo.
Passed through the endOwments IL number of
times for the dead and frequently with others
The ceremony is the same There have been
no changes made in the ceremonies since II was
administered by Joseph Smith. There IS no
reference TO avenging the blood of the prophets
excepting as it is found in the bible.
To Mr.. Lippman-I was eightytwo years old
last June. officated in the endowment house
and assisted in the Temple in the woman's de-
partuaSnt. l never heard the ceremony for men.
don'1- hink il could be heard from the woman's
department. The men and women went through
a greater part Of the ceremony together.
LeGrande Young-We have been looking for
Mr.. Toilet on this train, bvtwe have not yet
seen him. We ask the court TO permit US to
place him on the stand when he arrives. We
now wish 10 introduce the testimony OF Jesse
West TO impeach the testimony Of Mr. Nc
Cutie.
Jesse West was called but Mr. Young stated
thatthe evidence OF the witness would pertain
only 10 specific facts, VIII ch he had learned on
consulting with the associate council and with
drew the witness.
Mr. DickSon-We are prepared to sustain the
character of Mr.. McGutfie
The Court The evidence OF Mr.. Follett VIII
be admitted when he arrives.
LeGrande Young-The lHdteantdt Star, DtSfTet
Nelrs and other similar documents have been
admitted in evidence, but we do not want the
broad ground taken that all this is the doctrine
OF the church. Wewlsh t. introduce simply the
Bible, Book OF Mormon and Doctrine and Gov
enantS.
The Court-In a general way anything that
has been said has q bearing in the matter.
Mr. Dickson-n the council for the applicant
hav0fconcluded their evidence we viii resume in
rehtNtal Call George Q. Cannon.
GEORGE Q. CANNON.
Mr. Dickson-You are member Of the first
presidency
Wilness-Yes sir; was eleced TO that office !
in 1880, and served a few years, and was again
reelected in 1889.
that (haudiUp him a