The record-union., 1899-12-10
A Secret and Also an Open Session
Held by the Committee.
Proceedings Of the Hearing Behind Closed
Doors Later on Made Public.
Roberts Pleads Not Guilty to the
Charges Of Po1ygamy and Then
Offers a Demurrer to the Juris-
diction Of the Committee-The
Alleged Second and Third
wives Of the Accused Likely to
be Summoned as Witnesses.

WASHINGTON, Dec. 9.-The consid-
Grafton of the case of Mr.. Roberts of
Utah was resumed at 10 o'clock this
morning by the House Investigating
Committee, Mr. Roberts being present
to plead to certain specific interrogato-
ries which had been framed. The pro-
ceedings continued to be behind closed
doors.
Mr.. Roberts was first asked if he con-
ceded the existence of the court record
wherein he pleaded guilty in 1889 I'M
der the Edmunds-Tucker law. This he
conceded He was next asked whether
about 1887 he had married plural wives.
and had lived with them since that
time as wives.
To the whole of this charge Roberts
pleaded not guilty, and then demurred
to the Jurisdiction of the committee,
for the following reasons:
"First-On the ground of violation of
constitutional rights, in that it attempt
ed to try him for crime without pre-
sentiment of indictment by Grand Jury,
and without trial before jury and due
process of law.
"Second-That it was an attempt to
deprive him of vested property that he
held in the emoluments of an office for
the full term.
"Third-That the only evidence that
could be rightfully considered in the
committee was court record and the
establishing of the guilt, confessed or
proven, of the Representative-elect, and
that the committee has no right to
consider any other evidence.
"Fourth-That the crime alleged,
namely, that of unlawful cohabitation,
even if proven, would not constitute a
sufficient crime to bar member or de-
prive him of his seat, because inno-
cence of polygamy or unlawful cohabi-
tation is nowhere enumerated in the
Constitution as qualification Of the
Office of a member of Congress- nor is
il named in any United States law ap-
plicable to Utah, or any other State
Mr.. Roberts argued these points for
nearly two hours, referring to law
books and answering queries. 1t was a
legal controversy throughout, the facts
not being gone into at length. Mr.. Rob-
erts concluded by asking that his prima
facie right to a seat be at once consid-
cred, as the present status denied to a
sovereign State representation in the
House at a time when injurious legis-
lation affecting that State might take
place.
At the conclusion of Mr. Roberts
tive session, and then adjourned until
2 p. m. The Chairman announced that
subsequent meetings would be open and
III, TIT ,1e1 <r;x- -, &c -
stenographers report of the morning
session.
This showed that Tayler of Ohio had
submitted the interrogatories. In the
course of these Tayler said:
Charges are made that you were
convicted in 1889 of unlawful cohabita-
ton, and that since then you have been
guilty of the same offense. Some years
ago you contracted plural marriages,
and ever since then have maintained
polygamous relations with these
wives.''
Tayler also stated as a basis for the
inquiry that lone of the material facts
to be ascertained is as to whether or
not you contracted as early as 1887
plural marriages, and have maintained
ever since polygamous relations with
these plural wives. The committee in
,structs me to say that if you wish
to make any statement about this or
any other matter which is charged, you
may do so in your own way
Mr.. Roberts was also shown the affi-
dayits on file, on which the foregoing
inquiries were made. His answer was
substantially as heretofore given, the
written text submitted by him being
as follows.
First-Roberts comedies the fact es-
tablished by the records of the United
States Judicial District Court in and for
the Territory of Utah, submitted for his
inspection, to-wit: That in 1889. in
the Territory of Utah, he pleaded guilty
to the misdemeanor charged agains
him of unlawful cohabitation
.Second-In the testimony submitted
it nowhere appears that there is any
the committee that Roberts, about 1887.
or previous to October, 1890, or since,
contracted plural marriages further
than may be inferred from his confess
sion to the misdemeanor of unlawful
cohabitation in 1889, as set out in the
court records, and, therefore, on that
point he enters no plea, because there
is no charge or testimony alleging it.
'Third-In the papers submitted
which are supposed to sustain the loose
and irregular charges against Roberts,
it nowhere appears that there is any
affidavit or testimony that Roberts,
either before or since $780, contracted
plural marriages, but as to the INQUIRY
of the committee on this subject he
specifically denies that since October.
1890, he has contracted plural mar
riages.
"Fourth-That to the charge that
ever since 1889, when Roberts pleaded
guilty to unlawful Capitalization in the
then Territory of Utah, that he has
lived in polygamous relations in viola
ton of law, he pleads not guilty.
Demurrer: Roberts demurs TO the
proceedings instituted by the commit
tee on these grounds:
'First-That the committee has no
jurisdiction over me to try me for the
alleged defense or the offense charged.
Second Roberts further demurs to
the evidence and papers on which the
charge Of continued polygamous living
is based, on the ground that the said