Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-03-10
IN EXECUTIVE SESSION
TESTIMONY HEARD THAT WAS
UNPRINTABLE.
Prosecution in the Smoot Case Stated
That It Had No More Wit
nesses on Hand.

Just before adjournment of the Senate
committee on privileges and elections yes
terday the committee held an executive ses-
sion for the purpose of having read the UNI
printable testimony III the Teasdale divorce
case
Tie p osecution stated that it had no more
witnesses ready to put on the stand on ac-
count of the failure of several officials OF
the Mormon Church to respond to the sum-
monses issued for their appearance.
President Joseph f. Smith was asked to
use his influence TO have the witnesses put
in an appearance and he promised to get
into communication with them if it was
possible. TO do so. President Joseph f.
Smith and number of officials of the
church, who have been witnesses In the
case. were excused from further attendance
and they will return to Utah.
Hyrum M. Smith Heard.
After The Stars report of the proceed
ings was closed yesterday afternoon Hyrum
NJ Smith. a son of President Smith, and
one of the twelve apostles took the stand.
He read a speech he had made in 1894 in
Brigham City, at one of the quarterly con-
ferences, in which he said each one in the
matter of obeying laws does as he pleases.
but that each must bear the consequences
of his acts. He said that was his view.
Mr.. Smith said that when he went on a
foreign mission to Great Britain he had
| been instructed in regard to polygamy ana
told not to discus; 1t. He said that he could
not be forced to discuss polygamy and
never had discussed it as an apostle, but
that when he was missionary he had told
certain persons who aSsailed the doctrine
that it was teaching of the Bible and had
! ended the controversies by referring the
persons to the Bible SO they could judge
for themselves.
Bishop Merrill Testifes.
Thomas II. Merrill, bishop of Richmond
ward, and a son Of Apostle Merrill, was
called He said he had two wives, Emma
Olsen Merrill and Mary Thompson Merrill,
and that he had six children by the first
and four by the second wife. The youngest
child by the second wife is three years old.
| His second marriage took place in the Lo-
! gan Temple. in 1885, where. he said, he
| promised TO love, honor and respect the Wo-
man and treat her in every way as wife.
| He said he does not know whether mar
| riages performed in the temple are record
ed He has performed two ceremonies him.
| self and has kept only an individual rec
| ord
| Chairman Burrows asked the witness
whether he could describe the ceremony, as
| he had performed the service.
Il don't believe | would use the same
service twice. he said
Senator Hopkins asked if there was not
some prescribed formula for marriages, and
the witness said: Il have looked for one,
but never found one.
Alma Merrill on the Stand.
Alma Merrill, first councillor to the Ben
son stake, was called and said he has two
wives, one of whom he married in 1885 and
the other in 1856 His wives were sisters,
Esmeralda and Rebecca. BY the first, he
said. he has seven children. and by the last
eight children and has had three who died.
In Executive Session
At the request of Attorney Tayler, for
the prosecution, the committee went into
executive session. and at the close adjourn
ed until 1880 o'clock today.
In the executive session the testimony in
the Teasdale divorce case was read, and it
was agreed that counsel for and against
Senator Smoot should endeavor to come TO
an agreement on statement of facts in
the case. Consideration was given to the
proceedings in executive session because of
the unprintable character of the testimony
and dislike on the part of the committee
tnS he far haFn he