The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-12-10
ROBERTS ADMITS
TRUTH OF RECORDS
But Denies That He is a
PoIygamist.
WIVES MAY TESTIFY
THE LEGAL GROUNDS OF HIS
CLAIM TO A SEAT.
SAYS He MUST Be FIRST INDICTED
And That He Must be Tried by a Jury in Due
Process of Law. Declares That if the
Charges Against Him Were Proven it
Would Not Justify Lnseating Him.


Washington, Dec. 9.-The consideration
of the case Of Mr.. Roberts, of Utah,
was resumed at 10 o'clock this morIling,
by the House Investigating Committee,
Mr.. Roberts being present to plead to
certain specific interrogatories, which had
been framed. The proceedings continued
to be behind closed DOORS Mr.. Roberts
was first asked if he conceded the exist
ence of the court record wherein he
pleaded guilty i'm 1889 under the Ed
munds-Tucker Law. This he conceded.
lie was next asked whether about 1899
or since 1890 he had married plural wives
and had lived in polygamous relations in
violation of law.
To the whole of this charge Roberts
pleaded not guilty, and then demarred
to the jurisdiction of the committee for
the following reasons:
/. On the ground of violation of con-
stitutional rights in that it attempted to
try him for a crime without presentmela
of indictment by grand jury and without
trial before jury and due process of
law.
?. That it was an attempt to deprive
him of his vested property AMI that he
held I'M the emolJanellts OF an office for
the full term.
3. That the only evidence that could
be rightfully considered in the committee
was a court record establishing the guilt
confessed or proven. of the Represents
tiye-elect, and that the committee has no
right to consider any other evidence.
a ni4
of unlawful Capitalization, even = proven
would not constitute a sufficient crime
to bar member or deprive him of his
seat, because innocence of poiygany or
unlawful Capitalization is nowhere enllnl-
Grated in the Constitution as a qualitica-
tion of a member of Congress, nor is it
named in any United States law apphca-
BILE to Utah or any other State.
Mr.. Roberts argued these points for
nearly two hours. referring te law books
and answering queries 1t was a legal
controversy throughout, the facts not be-
ing gone into at length. Ar. Roberts
concluded by asking thar his Ilima faeie
right to a seat be at cnce considered, as
the present status denied to sovereign
State representation in the House at a
time when injurious legislation affecting
FIRST PUBLIC HEARING.
The first of the public hearings in the
case began at two o'clock.
At that hour the committee room WAC
crowded with members, representatives OF
the press and a delegation representing
the gentle element of Utah. Mr.
Roberts sat at the foot of the long CONF
lilittee table, with documents piled M be-
fore him. His secretary was near at
hand, bringing him books and other data
OF reference.
Chairman Tayler announced that per-
sons who had participated in framing the
charges We're present and he asked that
they be heard.
MIR. A. IT, Schroeder. one Of the gentle
delegation from Utah said it could be
established that Mr. Roberts had MAIN
tanned and is NOW maintaining the status
OF a polygamist; that in 1889 he pleaded
guilty of unlawful Capitalization and had
since that time continued in tnat Pela-
ton. Specifically, Mr. Schroeder said it
could be established that there had re-
Gently been born children to his polyganl-
Gus wives, among them being twins born
to Celia Dibble Roberts, the reputed
second wife of the Congressman-elect.
These children were reported to be born,
he said, August 18th, 1897 and until this
morning, he had understood We're ac-
knowledged by Roberts as his. 1t could
also be shown that he has been holding
ont DIR. Maggie Shipp Roberts as wife,
and is now maintaining the status of has
band toward her; that during all of these
times he had been living with lawful
wife, Louisa Smith Roberts, who also
has borne him children.
1T is understood that the opposition to
Roberts has suggested that the waves
with whom he is alleged to have nai1l-
tanned polygamous relations be summon
ed as witnesses. The first wife, it is said,
would be exempt from testifylDg against
her husband, as she hasa legal status
as wife, but this exemption would not
extend beyond the first wife.
\ subcommittee, consisting OF Messrs.
Littlefield and Miers, has been appointed
to get up forms Of snbpoenas. ETC.. In
connection with the sunmoning of wit
nesses.
The public hearing went over until
Tuesday morning at 10 O'Clock and the
committee held private session.
Mr.. Tayler said after the executive
session that the committee Was eonsid-
cring whether it should go to Utah or
have the witnesses come here, and that
no decision had been reached.