Wheeling Sunday register. [volume] (Wheeling, W. Va.) 1882-1934, 1899-12-10

WASHINGTON, December 9.-The
consideration of the case of Mr.. Rob-
erts, of Utah, was resumed at 10
o'clock this morning by the House
investigating committee. Mr. Roberts
being present to plead to certain spe
cific interrogatories which had been
framed. The proceedings continued TO
be behind closed doors. Mr.. Roberts
was first asked if he conceded the ex-
istence Of the court record wherein
he pleaded guilty in 1889 under the
Edmunds-Tucker law. This he con-
coded. He was next asked whether
about 1870, or since 1890, he had mar
ried 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 a jury ard
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 a court record establish
ing the guilt, confessed or proven, Of
the epresentative-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 deprive him of
his seat. because innocence of polygamy
or unlawful cohabitation is nowhere
enumerated in the constitution as a
qualification for the Office of member
of Congress, nor is it named in any
United States law applicable 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..
Roberts concluded by asking that his
prima facie right to a seat be at once
considered, as the present status denied
TO a sovereign State representation in
tie House at a time when injurious
legislation affecting that State might
take place. At the conclusion Of Mr..
Roberts statement the committee held
an executive session and then adjourn
ed until 2 p. N. The chairman an
nounced that subsequent meetings
would be open and publicity also was
given to the official stenographer's re-
ports of the morning proceedings.
These showed that Mr.. Taylor (Ohio)
AdO 0uDu1lIl6u Lie lHlCIIOSdtOi1CS. LII
the course of these Mr.. Taylor said:
Charges are made that you were
convicted in 1889 OF unlawful cohabi-
tation, and 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 polygamous relations with
these wives"
Mr.. Taylor (Ohio) also stated as a
basis for the inquiry:
.One of the material facts to be as
certained is as to whether or not you
contracted as early as 1887 plural mar
riages, and have maintained ever since
polygamous relations
With These Plural Wives.
The committee instructs 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 af-
fldavits 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:
''F1rst-Roberts comedies the fact es-
tablished by the records of the Third
U. S. judicial district court in and
for the territory Of Utah, submitted for
mis- inspection, to-wit: That in 1889
IN the territory of Utah he pleaded
guilty to the misdemeanor charged
against him Of unlawful cohabitation.
.'Second-In the testimony submitted
it nowhere appears that there is any
affidavit or other testimony, offered
before the committee that Roberts
about 1887 or previous TO October, 1890,
or since. contracted plural marriages,
further than may be inferred from his
confession to the misdemeanOr or IN
lawful rehabilitation in 1889. as set out
in the records, and that therefore on
this point, he enters no plea because
Continued an saoond Fago.