Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1899-12-09

= hA' NNsAN ~ - 'Hhhftt -
belief"
After some explanations Mr. schroc.
der was permitted TO proceed.
Mr.. Schroeder declared that II could
be established that Roberts now "
maintaining the status ~ y polyrnmiHt;
that children had been born recently to
his polyEamoua wives. among them
being twins born 10 celia Dibblc Rob
crts on August H. 1881. II could also
be shown. he said. that he had been
holding dut Or. Maggie Ship Roberts
a. a wife. while he had llving lawful
wife IN the person u Louisa Smith
Roberts. These statements, Mr..
gchfocdcr said. could b. established By
witnesses IN Utah
After Sit. Roberts had demanded
from the committee ruling On his de-
murrcr and an opportunity to present
authorities the public hearing was adj
journcd until 10 o'clock next Tuesday
morning.
M. Tayicr tohlo) submitted tho In
terrogatorlcr to Mr.. Roberts. In the
course Of these he said:
"CharEvs are made that you were
convicted IN issg Of unlawful oOhnbl-
tatlon and that since then you have
been guilty OF the same offensc. that
some years ago you contracted plural
marriages. and ever since then have
maintained polygamous relations with
these wives"
WI IANfE ftNNNf uiNF NfMN"l ~ u
basis for the Inquiry. zone ~ tho ma
terial facts TO be asccrtaincd " "a 10
whether or not you contracted as
carly aa 1857 plural marriages ana have
maintained ever since polyFamoua re-
iatlona with these plural wives. The
committee instricts me TO say that "
you wish 10 mako any statement about
this or any Other matter which n
CHARGED you may do 30 In your own
way"
Mr. Roberts was also shown the AZ.
ndavita on file. on which the foregoing
inquiries were made. His answer was
substantially ~ has been given In the
lows:
First. Roberts comedies the fact ca
fnblIshcd 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
1852. IN the Territory u Utah he plead
I'd guilty to the mlsdcmcanor charged
against him Of unlawful rehabilitation.
Second. In the testimony submitted
II nowhere appears that there Il any
aifidavit or testimony offered before
the committee that Robcrts, about 1851.
or previous 10 October 1890. or since
contracted plural marriages further
than may be inferred from his confess
sion to the mlrdemcanor OF unlawful
Capitalization In 1889. AZ set out In the
court records. and therefore. on that
point he enters no plea because there
fr no charge or testimony ALLEGING H..
Third. In the papers submitted which
arc supposed To sustain the loose and
irregular charges against Roberts, Il
nowhere appears that there n any ufr-
davit or testimony that Roberts either
before or since 1890. contracted plural
but ~ to the inquiry 81 the
committee on this subject he specially
says that since Oct. 1890. he has con-
tracted no plural marriages.
Fourth 10 the charge that ever since
1879, when Roberts pleaded guilty to un-
lawful rehabilitation In the then TERRI
tory Of Utah. that he has lived In poo
lygamous relations In violation OF law,
he pleads not guilty"
Demurrer
Roberts demurs TO the proceedings
Instituted by the COMMITTEES ON these
grounds.
Firnt--Thht the committee has no
jurisdiction over me to tfy me for the
alleged defense or the orcnHe charged,
Second. Roberts further demurs 10
the evidence and further dcmura To-
the evidence and papers upon which
tho charge OF continued polygamous
living Il based, upon the ground that
said papers and facts do not state facts
sufficient 10 constitute a charge against
mo that " In any way regular of tens
able or sufficient 20 deprive me OF my
prlma fncie right to take the oath Of
oiiice and occupy the scat IN the House
OF Representative TO which I have
been duly and legally elected. and
which election and right IN not con-
tested.
Third, that said papers and evidence
are ambiguous. uninteillgible and In
complete and OF such character ~ to
make the same not worthy to be- con-
fidercd by the committee and I ask
that my primn faclo right 20 my scat
be now considered.
ESPECIAL TO THE "NEws.'1
Washington, u. g., Dee. S,-Commltice
adjourned TIL Tuesday They desire
Roberts To submit his arguments on de-
murrcr TO the jurisdiction u committee