New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-12-10
ROBERTS HAS A HEARING.
HE DENIES THE CHARGES AND DEMURs
TO THE PROCEEDINGS.

WITNESSES FROM UTAH TESTIFY AS TO HIS
PoLYGAMoUs RELATIONSHIPS PUB
Lie SESSION OF THE COMMITTEE.
washington. Dec. 9.-The consideration of
the case Of Mr.. Roberts. OF Utah. was resumed
at 10 O'Clock this morning by the House lnves-
tigatlng Committee. Mr. Roberts being present
to plead to certain specific questions which had
been framed. The proceedings were pehind
closed doors Mr.. Roberts was first asked II he
conceded the existence OF the court record
wherein he pleaded guilty in 1890 under the
Edmunds-Tuc law. This he conceded. He
was next asked whether. about 1881 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 demurred to the jurisdiction OF the
committee for the following reasons:
First-On the ground Of violation of Constitu-
tional rights In that II attempted TO Try MN TOT
q crime without presentment OF indictment py
Grand Jury. and without trial before jury anu
due process OF law. ,,.
second-That 1t was attempt to deprive
him OF vested property that he held IN the einoi-
uments OF an office for the full term.
Third-That the only evidence that could De
rightfully considered by the committee was
court record establishing the guilt confessed OF
proven Of the Representatve-elect ana that
the committee has no right to consider any other
evidence. -
Fourth-That the crime alleged-that OF un-
lawful cohabitaton-even II proven. would not
constitute sufficient crime to bar menoei
or deprive him of his seat because 20
polygany or unlawful cohabitation is nowhere
enumerated in the Constitution as a quallhca-
ton for the office Of member OF Congress, nor IS
Il named in any United states law aPphcaoie
to Utah any other state
ASSERTS HIS RIGHT TO A SEAT.
Mr.. Roberts argued these points for nearly
two hours referring to law books and answering
questions. 1t was legal controversy through
ont the facts not being gone into at length. Mr.
Roberts concluded by asking that his prlma
facie right to a seat be at once considered. as
the present status denied TO sovereign state
representation in the House at time when In
,ur,ous legislation affecting that State might
be enacted.
At the close OF Mr.. Robertss statement the
committee held an executive session and then
adjourned until p. M The chairman announced
that other meetings would be open and publicity
also was given to the official stenographer's re-
port of the morning proceedings. This showed
that Mr.. Tayler had submitted the questions In
the course OF them he said:
Charges are made that you were convicted In
1889 of +, unlawful cohabtation, and that since
then you have been guilty Of the same otence
that some years ago you contracted plural mar
riages and ever since then have maintained po-
INFAMOUS relations with these wives
Mr.. Tayler also stated as a basis for the In
Qufry:
one OF the material facts to be ascertained Is
as to whether not you contracted as early as
1887 plural marriages. and have maintained ever
since polygamous relations with these plural
wives The committee instructs me to say that
II you wish to make any statement about this or
any other matter which is charged you may do
90 in your own way
MR.. ROBERTs'S ANSWER
The afidavits on file, which the foregoing
INQUIRIES were made, also shown to Mr..
Roberts His answer was substantially as here
tofore given, the written text submitted by him
being as follows:
First-Roberts comedies the fact established by
the records Of the Third United States Judicial
District Court in and for the Territory Of Utah,
submitted for his inspection to wit, that In 1888
in the Territory of Utah. he pleaded guilty to
the misdemeanor charged against him or unlaw-
ful Capitalization.
Second-In the testimony submitted II nowhere
appears that there is affidavit other testi-
mony offered before the committee that Roberts
about 1897 previous to October, 1871. or since,
contracted plural marriages, further than may be
inferred from his confession TO the misdemeanor
OF unlawful Capitalization In 1859. as set out In
the court records. and therefore on that point he
enters no plea because there is no charge or tes-
timony alleging 1t.
Third-In the papers submitted which are
supposed to sustain the loose and irregular
charges against Mr.. Roberts. II nowhere appears
that there is any affidavit or other testimony
that Roberts either before since 1890, con-
tracted plural marriages, but as to the inquiry
of the committee this subject he specifically
denies that since October 1890 he has con-
tracted any plural marriages. 100
Fourth-To the charge that ever since 1889,
when Roberts pleaded guilty to unlawful cohao-
itation in the then Territory Of Utah. that he
haa N relations. violation
law. ne pleads not guilty.
DEMURRER.
Roberts demurs to the proceedings instituted
before the committee the ground that:
First-The committee has no jurisdiction over
me to try me for the alleged offence or the Of
fence charged.
Second-Roberts further demurs to the evil
dence and papers upon which the charge Of con-
tinued polygamous living is based, upon the
ground that said papers and evidence do not
state facts sufficient to constitute a charge
against me that is In any way regular or ten
able. or sufficient to deprive me Of my prima
facie right TO take the oath Of Office and occupy
the seat in the House Of Representatives &c
which l have been duly and legally elected, and
which election and right is not contested.
Third-That said papers and evidence are
ambiguous. unintelligible. incompetent, and Of
such character as to make the same not worthy
TO be considered by the committee: and ash
that my prma facie right to my seat be now
considered.
A PUBLIC HEARING HELD.
The first Of the public hearings began at
o'clock. At that hour the committee room wa
crowded with Congressman reporters and
delegation representing the Gentle element o
Utah Roberts sat at the foot of the long com
nittee table. with documents piled up befor
him. His secretary was near at hand bringing
him books and other data of reference.
Chairman Tayler announced that persons VIII
had taken part IN framing the charges wer
present and he asked that they be heard
A. T. Schroeder, one Of the Gentle delegation
from Utah, then came forward, and was abou
10 proceed when Mr. Roberts rose hastily ant