The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1900-01-06
ROBERTS DEFENCE BEGUN
HIS DAUGHTER LISTENS TO HIM
.ATTENTIVELY.
ATTACKS THOSE WHO "HOUNDED" HIM
And Finds Fault With the Drectness and
ConcIusiyeness of the Testimony. Can
not Account For His Photograph
Being in Or. Ships House.

Being in Dr.. Ships House.
Washington, Jan. 5.-The Roberts In
veStigating Committee continued its ses-
sion today with large crowd of inter
ested spectators present. Among these
was Miss Roberts, the daughter of the
Utah member-elect. who sat near him
and followed attentiyely the argument
presented by her father. Chairman Fay
Ter (OhiO). stated ut the outset that he
had received from eXSecretary John q.
Carlisle a letter giving his views on the
case. Mr.. Carlisle said he was suffering
from n cold and was unable to make an
oral argument at this time. As TO the
ease he said:
''fThe resolution under which the com
mittee is proceeding directs it to ascer-
| tain and report, not only upon Roberts
! prima facie right bur upon his final right.
| He seems to have objected to the evi-
dence unless it shows chat he was guilty
of unlawful cohabtation since the 18th
| of March last. when he claims to have
| become Il meE5er of the House. | think
| the testimony shows prima facie that
| he has been so colaDitating; but this
is not material, in my opinion, even
though the commiite had no jurisdiction
To inquire into conduct prior to March
4th, 1899. because he is undoubtedly Il
polygamist and has been Il polygamisr
ever since he married his first plural
wife within the meaning OF that term
as deiihed by the Supreme Court OF
the United States in the Ramsey case.
He is at this very moment II polygamist,
not having at any time abandoned or
| 4
plural marriages. and conabitation with
the alleged wives is not mt all necessary.
The question therefore. is whether the
committee will decide on the question of
! final right that an undouljted p0lyg gamisr
who justifeS the doctrine and practices
of polygamy shall be allowed to hold
Il seat in the House
Mr.. Roberts then began his argu-
ment He spoke Quietly, and deliberately,
with some evidence of hOarseness.
Mr. Roberts took up a typewriter
statement reviewing in detail the pro-
ceedings of his case up to date. 1t
Said regarding his ease:
1T is case in which there is no con-
test and where it appears so far as the
proceedings before the committe is con-
cerned, the representative-elect possesses
Constitution of the United States and
where there is no statute, so far as
made to appear before this committee,
either i'm the State OF Utah or the Unitde
States applicable to the case which dis
qualities the representative-elect from
Utah for the office OF Congressman i'll
the lower House of the American Con
gress.'
Mr.. Roberts dwelt with special en-
phasis on the right of a constituency so
determine upon the moral capacity of a
member.
1T is left 10 those constituents to
determine he said. what shall he the
moral status of the man they wish TO
send to Congress as their representative
and not to the houses of Congress"
In support of this he read with en-
phatic and approving comment a Con-
gressional report signed by +. +. Butler,
Daniel w. Voorhees, and others, in the
course of which it is said that the House
of Representatives shall be composed of
members chosen by the people of the
States and not by the representatives of
other States, according to the notion of
the necessities of self preservation and
self purifcation,' which might suggest
themselves to the reason or caprice of
members from other States, in any pro-
cess of 'puIgation or publication"
Mr. Roberts declared that Utah. one
of the great silver producing States had
been denied representation of late, while
the important Financial Bill, vitally in
volving Utah's silver mining and silver
industry was considered and passed.
Mr. Roberts analyzed the evidence
questioning its d;rectness and conclusive
ness. 1T has not even been establish
ed" he said, that B. III. Roberts was
ever married to Margaret G.. Shipp- Rob
erts.''
1t had been shown that he was seen
near the house and once in the house.
But there was no testimony Of mar
riage, nothing as to their maintaining
martial relations, nothing as to their
being seen at tire theatre or church or
otherwise associatng as man and wife.
How do you account for your picture
being found in her house," inquired
Chairman Tayler.
Il don't know how to account for
it, answered Roberts.
AS to any direct martial relations
with Celia Dibble Roberts. he said.
there was no direct testimony. In the
main the evidence was as to general re-
pute. he contended, which was short
Of that conclusive proof required. He
challenged the charge that he had con-
tracted three polygamous marriages.
Mr.. Roberts yehemently exclaimed