The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1899-12-11
RoBERTs's DEFENCE.
IL .. That Congress Must Prov. nl.
Gunt.

began at two O'Clock. At the hour the
committee room was crowded with NOM
bsrs. representatives of the press and
delegation representing the GENTLE Gle.
ment Of Utah.
Mr.. Roberts tat at the foot Of the long
committee table with documents piled up
before him. His secretary was nesr ct
hand bringing him books and other data
OF reference. Chairman Taylor announced
that persons who had participated In
framing the charges were present and he
asked that they be heard. Mr.. A. I.
Schroeder, OF the GENTLE delegation from
Utah then stepped forward and was about
to proceed when Mr.. Roberts ross hastily
and raised his hand in waving protest.
.sI object" he said. az object to this
witness II he comes here as an attorney.
I object to him II he comes as witness
on the ground that he Is unworthy Of con-
ndence. And propose.to establish BY
the record Of the soprsme court OF Utah
that he is utterly unworthy Of belief"
MIR. Roberts said he would present the
tenth Utah supreme court report In sup
port Of his allegation.
Mr.. Taylor answered that Mr.. Schroe-
der was not present rs witness or as
counsel but merely to give the committee
such informatio as he could and the
committee would treat the matter % 1t
saw fit. MIR. Schroeder said that he did
not understand that he was on trial Mr..
Roberts did not press his objection furth-
or and Mr.. Schroeder proceeded. Mr..
Schroeder said IL could be- established
that Mr.. Roberts had maintained and Is
now maintaining the status Of a polyga-
mist; that In 1889 he pleaded guilty of
unlawful oohabitation and has since that
time continued In that relation; spool
fcally Mr.. Schroeder said IL could be
established that there had recently been
born children TO his polygamous wives,
among them being twins born to Celia
Dibble Roberts, the reputed wife Of the
congressman elect. These children were
reported to te born, he said, August II,
1897, and until this morning he had un-
derstocd. were Acknowledged By Roberts
as his. 1t could also be shown that he
has been holding out DIR. Maggie Ship
Roberts as Q wife ami 10 now maintain.
ing the status Of hus band towards her;
that during all of these times he had Nv
ing lawful wife, Louisa Smith Roberts,
who also has borne him children.
Mr.. Schroeder said the witnesses were
In Utah. readily accessible II the COM
mittes desired to summon them. He
suggested that Miss Adah Roberts, the
daughter of Mr.. Roberts, was now In the
city and might be available az q wit
ne S.
Rev. DR.. STIFF of Utah Was asked II he
desired to add anything. but stated that
Mr.. Schroeder had covered the general
question sufficiently and that the de-
tailed evidence would be ready II the
comm ittee desired.
At this point, Representative MoPh er-
son Of Iowa, q mem Der OF the committee.
stated that he thought there WAS mis-
understanding among mem bers - TO ths
status Of Nj. Roberts. Some thought he
had made his statement In order 60 frame
an issue Others thought he has ap-
peared ~ q witness and should be sub
jsct to cross-sxamination. He said be
feared the committee was gradually drift
ing to the point whore 1t would have to 60
$500 miles to Utah to hear witnesses or
else bring witnesses $500 miles to Wash
ington.
Chairman lay Ior stated that Mr.. Rob-
erts had not appeared as q witness and
was not under oath.
Mr.. Roberts said his statement was for
the purpose of joining issue He expected
and desired ruling on his demurrer
and time TO present authorities on this
dem urrer, for. he said, he was not
through with that. He stated also that
as witness he would hardly bs expected
to give evidence against himself. The
public hearing then went over until
Tuesday morning at ten o'clock and the
committee held private session.
The demurrer to which Mr.. Roberts re-
ferrsd was one he presented ut the meet
ing Of the COMMITTEES before the public
session was held. At that time, Mr..
Roberts was first asked II he conceded
the existeuos of the court record wherein
ne pleaded guilty in 1850 under the Ed
munds- Tucker law. This he conceded
He was next asked whether about 1870
or since 1890 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 dsmurred to
the Jurisdiction Of the committse as fol-
lows;
/. Violation Of constitutional rights
In that IL attempted to try him for Q
crime without presentmsnt OF indi,t-
ment by the grand jury, ana without
trial before a jury and the due process Of
law.
2. That 1t was an attempt to deprive
him OF vested rights that he had In the
emoluments Of an office for the full term.
8. The only evidence that could be
rightfuliy used in the committee was
court record establishing the guilt. CON-
fssssd or proven, Of the repellant; that
the committee has no right to consider
any other evidence.