The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-12-10
ROBERTS DENIES CHARGES.
CLEVERLY SHIFTS THE BURDEN or
PROOF on THE COMMITTEE.

ms n wiiness-The Committee NAV Have
to 60 tn Utah to Prove tho Charges.
WARRINGTON. Dec p.-In the hearing before
the special commission investigating the
Roberts case. Representative Roberts to-day
shifted his ground and greatly simp fed the
situation. Tho committee has already sub
stantiny settled the first ~ the two matters re-
ferred 10 II: namely, In regard TO Robertss
right to take his seat on the prima facie evil
dencc Roberts has all along contended that
this was the nr,t and tho only question for the
committee To decide. He made long argu-
mont yestcrl lay on this subject. hut tho COM
ritee decline! g. give hun any satisfaction.
In fact, In executive session the discussion
developed that the committee was unit on
the proposition that he was not entitled to tnke
his seat on the rrina iacle evidence OF his
election. and further that he will not be per-
mitted IN take his seat unless and until the
charges against him ara disproved. To-day he
ATTEMPTED again to take up this line OF argu-
mcnt. hut the committee informed him that
II wac useless TO pursue II further.
That much having been settled. tho only
question remaining. rs far a. Roberts IL con-
cerneh. II the method Of procedure II a action
this morning In submitting a written state
ment Of dcnial OF the allegations that he has
been and Ia now maintaining polygamous rcla-
lions with various wives had the effect OF
bringing tho matter to an issue At the same
time. by this proceeding he cleverly shifted tho
hurlen Of proof upon the committee. Had he
admitted the truth of the charges the question
would have been easily set ed. or had he con-
tinued to cvnie them II would have rested with
him TO dtsrrove them. by denying them he
compels the committee 10 provo them before
reporting that he Ia not entitled to his seat.
He made IN" significant adm ission that he
did not submit the denial as testimony. and
that II he had been witness under OATH he
might have testified differently. He also de-
clined 10 take the stand as a witness. to be SUBJ
jccted 20 cross-sxnminaton on tho truth OF the
charges. although II was carefully pointed out
I" him nat by 40 doing he might enable the
committee to avoid n trip to Utah. He satd no
reserved tho right not 10 appear as witness
agan.t himself AMI IN the IN nds Of the COM
mittee. his action justified the conclusion that
n he should be examined his own testimony
would he sufficient to prove the charges.
In consequence ~ his action. the Committee
IL proceeding with the determ nation TO 20 to
Utah 10 axe testimony II IL still POSSIBLE that
Roberts viii reconsider and appear as a Wit
ness. especially the pressure Of the Church Ia
brought to bear upon him to sacrifice himself
rather than expose the Church to an inyeatga-
ton by 'he committee. Many members Of the
committee agree with Chairman Tayler that
this l. the proper time to vcntilata the whole
matter and prove or disrrpva the charge that
the Mormon Church and the State Of Utah has
violated its compact with the Union. Should IL
prove necessary FOR the committee to visit
Utah. the examination OF witnesses for and
against Roberts will be n aide issue. the real
object being 10 ascertain to what extent ~ |
any. polygamy is rractised in Utah: II the |
people hav" openly and persistently violated !
their pledges, and II the officers Of the law have
failed In their duty Of enforcing the statutes BY
sacrificing himself Roberts can prevent this !
movement "mporarily. at least. a. number OF /
.he men h"rs Of the committee strongly deare !
CATION nnl subsequent clamor. However. he |
case l. being coniurted with the expectation !
re-"n Rtiyes Morris. Littlcf"d ami Mlers were
appointed a committ"" this afternoon to look I
witnesses. This subcommittee may be- able
again. In the meantime. Roberts will prepare
"A triHf. 81 inr his authorities and quo'ine them
right 10 take rngnizarce Of che charges
,,,,n,t ths m22T i session 81 the committee
THAT The cihrGe was male that. Won were con-
Nictr'i ~ lsS' of unlawful cohabitation aud /
SAM offence thar some wears ago YOU com
tra"'ri plural nnrr'n.1s. AMI ever since then
Win .a @ Tayr aF 5sG sss I'M
one of tho material facts 20 be obtanei
MP os ,9-r hal IF co %S' ss p fnryl
mar ages and hal maintained ever since
5fn.%P' w with , these Gura wys:
directs me- to say hat II you wish o make any
which Is charged you may do so In your
M Roberts then entered his plea o; mot
First. Ro1crts comedies the fact .sta blished
~ ihs h., rtrcord. OF the Third United States
tory Of Utah submitted Tor hi. inspSctinn' to
Wit; That ip 1881 IN the Territory Of Utah he
Against him p un awful cohaG'iaC'on e'''' SOU
hs s%"ond In II" testimony submit, ed i no.
any tnst imony. offered uaior" tie "ommittce'
that t36.rts, about 1851, or PREVIOUS 20 Octo-
rtages, further than NAV hc Inferred from his
sophiesson 10 he m!siemean"r Of unlawful CO.
cords; aud thcrs:orc on that point he enters no
pea, pea: because there Is no charge or testimony
"Thlr'i-In tn" Papers submitted. which are
Supposed to sustain the loose and irregular
that there is any AFFIDAVIT or other testimony
that lIoherts. either b-foro or since 1870 con.
Of sss s Gn bs n9 as to III. inquiry
denies that sinoe October 1890. he has con.
aRy 9Sr" ahn%rs 4Ss. ever
Sabao n" IN P esae n t sqy to " Tnswu CO.
ne nus lived IN polygamons relations. in viola
ti9n Of law, h" pleads not guilty"
Roberts. having thu. answered tho charges
Whole proceedings of the committee as fol-
Roberts dsmurs 10 the proceeding, insti.
that: " "N
Frst-The committee has no jurisdiction
oyer me to try mo for tho alleged oifense or
the ofIensa charged
ACKNOWLEDGEMENTS further demurs to tho
evldrhc" and papers upon which the charge Of |
cSntinued polyGamous living is based. upon
the Rrounithat said papers and evidence do
not state facts sufficient 10 constitnte a charge
sga,na, ,na that Il anyway regular or tenable.
or snthrleht 20 deprive me Of my prma fncio
riRhi 10 take the oalh OF office and occupy the
cent the House Of Representatives TO which
j have been duly and legally elected and
which election and right is not Infested
Ihlrl IhHt said papers and evidence
are ambiguous. uninte bIe and incompe.
tent. ana OF such character IA to make the
same not WORTHY to he considered nv the !
c ,i,,I and ! ask that my ,rrlma iacie
ar. Roberts then proceeded with his nrRu- !
mtnt, anpenrnR AZ h. \ own counsel. He act
aside the charges and confined hmsslf ex-
Gl;,hivey to rs demurrer; He went over the
whole ground covered IN his Plea before the
llhiso and contested the right Of .he COM
mites 10 consider anything but his prina
NA' ~" afternoon session. which was omen.
Mr Roberts a pcarcd, us dit hlso the commit.
lee from Utah. who bring the charges Of pnlyy-