The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1889-11-17

when she refused, l suppose l should nave
done so. 1 became aware that the United
States Supreme court passed on the constl-
nationality of the law of 1862. took my
wife in 1876 or 1877. AS man Of honor
could not abandon my family.
Mr. Dickson-Is it not true that after that
law was held to be constitutional you lived
in violation of itl
Mr.. Smith-Not in this territory.
Mr. Moyle-The constitutionality of the
law against unlawful sohabitation has never
been tested.
Mr.. Dickson-I want to show that there
is no affection for the laws of the United
States.
Court-The question of the unconstitu-
tionality of the law cuts no figure in this
case.
LeGrand Young-Unlawful cohabitation
was not made an offense till 1882. The
prosecutors here tried to make polygamy
a continuous offense, but the courts would
not allow it. The living with two wives
before 1882 was not made unlawful.
Witness, to Mr.. Dickson-After the law
of 1882 against unlawful c0habitation, L did
not live with my second wife in this terri
tory.
Court-He may decline to answer if he
desires.
Witness, to Mr.. Dickson-I have not
violated the law. decline to say whether
lived with one in one territory and an
other in another. l was once arrested
My plural wife was never on the witness
stand. She was with me in Europe sew
eral years. She afterwards left this ter
ritOry of her own vOlition. Josephine
! Groesbeck is her name. When the laws of
the nation conflict with the law of God, it
is not our duty to violate the law of the
land. The law found US practicing plural
marriage. / never performed "a plural
marriage. l only know of my own know
ledge. / do not believe that our church
HIS the right to pass on the constitu-
tionality of any law. That is the business
of the United States Supreme court.
Dickson read from the Doctrine and Gov
enants references to the constitutional laws
of the land.
Mr.. Smith-The Supreme court of the
United States passes on the constitution
allity of law. The constitution says Con-
greSs shall pass no law prohibiting the free
exercise of religion, and l looked to it to
protect me. l acted on that understanding.
When the law of the land makes my re-
ligion a crime, | must take the conse-
quences. l think the constitution is an
inspired document, and the United States
supreme court the final arbiter. If man
breaks the law he must take the conse-
Quences. The laws of this land are su
preme and acknowledge them as such. If
[ break law because it infringes on my
conscience, l must take the penalty. l be-
lieye with William H. Seward that there is
higher law, but if the law of the land puts
him in jeopardy he is relieved from ODE
dience to the higherlaw We're l monoga-
mist now, under the circumstances would
not take another wife in the United States. l
decline to answer any questions regarding
my present status. 1t is part of the
teachings of the church that union should
exist, and differences be reconciled; but
the individuality of any man IS not inter
| fered with. l think some men have AFRO
gated powers that they did not possess. If
mar wants to obey the counsel of the
priesthood, that is all right. If they re-
fuse, it is not doctrine that they will be
| damned. | regard the president of the
church as the mouthpiece of God when he
! receives revelation. The kingdom of God
means that when Christ comes he will es-
! tablish mis- kingdom. That kingdom is not
now established. L have heard it taught
that it is but do not believe it. We are
building up the kingdom, but it cannot be
established till the coming of the Savior.
! We do not believe in the destruction of all
sects and nations. The principles you refer
to were not understood by the people
as you seek to interpret them. l
have heard it taught that in all mat
tiers temporal as well as spiritual,
the people should obey the word of God, if
0
or iers of the president of the church. The
only command Brigham Young ever gave
me was to tit out a man for a mission to
Arizona, and / declined to do So John
Taylor or MILFORD Woodruff never gave
me a command that | remember. They
have asked me to do things, and some of
them I did not do OF course | had and
gave Il reason for not doing so. The Ian
guage used in prayer about avenging the
blood of the saints do not know. | only
know that people are Instructed to pray to
the Lord to avenge the blood of the
prophets as is said in the verses l have
quoted. / decline to state any ceremonies
of the Endowment house.
Dckson-What penalties are to be in
flicteG for revealing those covenants!
Mr.. SMITH decline to answer any ques-
lions regarding the endowment ceremonies.
There was no penalty attached to apostasy.
ApOStasy is not punishable by The church,
except by accommodation.
Te the Court-Oliyer Cowdery, an asso-
ciate with Joseph Smith, apOstatized and
was never harmed. David iVhitmer, T.
D. Brown and many others, inside and
outside of Utah, have apoStatlzed. Baskin
has fought the church bitterly, and never
wronged him nor has he Wronged me. No
apOstate has ever been asSassinated by in
struction or approval of the church. [
know Of no one ever having been assassi
mated. l don't believe there has been one,
but I decline to state anything of the en-
dowment ceremonies.
Baskin-How long before you took your
second rife did you marry your first wifea
LeGrand Young objected. Objection
overruled.
COurt-He may answer.
Mr.. Smith, cannot state exactly-sev
eral years.
Baskin-Did you not say in the ceremony
of your marriage that you would keep to
your first wife and none else!
Mr.. Smith decline to answer as to the
marriage or any other ceremony in.the En-
dowment house.
Court-He need not answer unless ne
wants.
Baskin-Why do you decline to answer?
Mr.. Smith-Upon the principle Of honor.
Mr.. Dickson-I think we can compel the
witness to tell these ceremonies and penal
ties and do not waive that right
Witness, to Baskin-I have not habitually
taught the law OF polygamy. have taught
obedience to the laws of God. have heard
plural marriage taught. l have not heard
its practice enioined upon the people that
now recall. They believe in that principle;
l do not remember the last time 1 heard it
! preached.
JOHN CLARK.
have been member of the church
! forty-four years; have been through the
Endowment house; never took any oath to
avenge the blood of the prophets on the
! United States; nothing of that kind was
said; there was no oath covenant or in
struction TO violate the laws of the land. l
did not covenant to go into pGlygamy; have
never been advised to break the laws Of
the land There were no instructions, ad-
monitions or agreements to avenge the
blood of the prophets or anybody on this
nation or anyone else. l remember no
covenant to obey the priesthood / am