Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1899-12-09
q Utah that he Is uttorly unworthy Of

OF Utah that he Is utterly unworthy Of
belief
After some explanations Mr.. Schroe.
der was permitted TO proceed.
Mr.. Schroeder declared that II could
be established that Roberts now IS
maintaining the status of a polygamlst;
that children had been born recently 90
his p0lygam0us wives, among them
being twins born 10 celia Dibble Rob
erts on August H. 1897. II could also
be shown, he said, that he had been
holding out Dr. Maggie Ship Roberts
as d wife, while he had living a lawful
wife IN the person II Louisa Smith
Roberts. These statements, Mr..
Schroeder said, could b. established by
witnesses IN Utah.
After Mr.. Roberts had demanded
from the committee q ruling on his de-
murrer and an opportunity TO present
authorities the public hearing was adj
journed until 10 o'clock next Tuesday
morning.
Mr.. Tayler (Ohlo) submitted the in
terf0gatoricg TO Mr.. Roberts. In the
course Of these he said:
Charges are made that you were
convicted In 1859 Of unlawful oohabi-
taton ana that since then You have
been guilty Of the same offense, that
some years ago you contracted plural
marriages and ever since then have
maintained p0lygamous relations with
these wives"
Mr. Tayler (Ohlo) also stated as a
basis FOR the Inquiry: zone OF the ma
terial facts to be ascertained IS as 20
whether or not You contracted as
early as 1857 plural marriages and have
maintained ever since pOlygamOus re-
latlons with these plural wives The
committee instructs me 20 say that n
you wish 10 make any statement about
this or any other matter which is
charged you may do 50 In your own
way"
Mr.. Roberts was also shown the az
fidavits on file, on which the foregoing
Inquiries were made. His answer was
substantially as has been given in the
written text submitted by him as fol-
lows:
First, Roberts comedies the fact es-
tablIshed by the records OF the Third !
United States judicial district court In |
and for the Territory Of Utah submit |
ted for his Inspection to-Wit: that In |
1859, IN the Territory OF Utah he plead |
ed guilty to the misdemeanor charged |
against him Of unlawful c0habitatlon. |
Second, In the testimony submitted |
II nowhere appears that there Is any |
affidavit or testimony offered before |
the committee that Roberts, about 1851, |
or previous 10 October, 1890, or since, |
contracted plural marriages further |
than may be inferred from his confess |
sion to the mlsdemeanor OF unlawful |
cohabitatiOn In 1859. as set out In the |
court records, and therefore. on that |
point he enters no plea because there |
fs no charge or testimony alleging IL.
Third, In the papers submitted which ,
are supposed 10 sustain the loose and |
Irregular charges against Roberts, Il \
nowhere appears that there is any aE- |
davit or testimony that Roberts either /
before or since 1890, contracted plural |
marriages but as to the inquiry Of the |
committee on this subject he specially |
says that since oct. 1880 he has con- |
tracted no plural marriages.
Fourth to the charge that ever since |
1889 when Roberts pleaded guilty to un- |
lawful cohabitaton In the then Terri |
tory Of Utah that he has lived In pO- |
lygamous relations in violation OF law, |
he pleads not guilty
Demurrer:
Roberts demurs to the proceedings
Instituted by the committee on these
grounds:
Flrst--That the committee has no |
jurisdiction over me 10 try me for the |
alleged defense or the offenle charged
Second, Roberts further demurs to /
the evidence and further demurs TO /
the evidence and papers upon which /
the charge Of continued polygamous /
living Is based, upon the ground that
said papers and facts do not state facts
sufficient TO constitute a charge against |
me that Is In any way regular or ten
able or sufficient 20 deprive me Of my
prima faoie right 20 take the oath OF
Office and occupy the seat In the House
Of Representative 10 which | have
been duly and legally elected, and
which election and right is not con-
tested.
Third, that said papers and evidence
are ambiguous. unintelllglble and In
complete and OF such character as to
make the same not worthy to be con-
aldered by the committee and | ask
that my prima faoe right to my seat
be now considered.