The San Francisco call., 1904-12-21
NOR MONS NOT
HELD TO LAWS
Witness Says That County
Attorney Refuses to PROSE-
cute Offenders in Utah
RECESS IN THE CASE
Members of the Church Who
Are Wanted to Give Tes-
timOny Have Disappeared

WASHINGTON, Dec. 2O.-In the
Reed Smoot hearing the attorneys for
the protestants have concluded the ex-
animation of all persons who could be
reached by the subpenas issued by the
Senate Committee. Attorney Tayler
announced that he was ready to rest
his case except for the introduction of
documentary evidence and the exam
ination later of some persons whom it
court The case of the respondent will
be opened January 10, to which date the
hearing has been adjourned.
Just before the adjournment Of the
committee the opposing lawyers en-
gagged in controversy over the admis-
sibiity of certain evidence regarding
the doctrines of the Mormon faith. No
agreement could be reached, and after
heated arguments Tayler recalled
Apostle Penrose to identify certain ref
erence books. In a number of instances
Mr.. Penrose denied that the works had
been accepted by the church as author
itatiVe publications and said that many
of the matters contained in the docu-
ments were subject to dispute. Chair
man Burrows ruled that the utterances
of leaders of the church may be offered
as tending TO prove doctrines of the
church organization.
APOSTLE WITH NINE WIVES.
The principal witness on the stand to-
day was Charles Owen, who has been
employed in gathering evidence to be
used against the Mormon church in the
Smoot inquiry. He testified in regard
to the charges against prominent
church officials and as to the attitude
of courts and prosecuting attorneys in
such cases. He declared that such
prosecutions are unavailing, as when
convictions were obtained small fines
were imposed and in most cases these
were paid by popular subscription.
Owen testified that he had made the
closest investigation possible about po-
lygamy in Utah, and never accepted
any one mans word about polygamous
marriages. He said Apostle Taylor is
reputed to have taken two wives within
two or three years, and that Apostle
Cowley has taken a new wife within
three years. Taylor now has five wives,
said the witness.
Where. are Apostles Cowley and
TayICr"' asked Mr.. Burrows.
L understand they are in hiding in
Canada, said the witness. Continuing
he said Apostle Merrill had nine wives
two taken since the manifesto. Con
sultjng the Church Encyclopedia, the
witness said Apostle Merrill has for
ty-five children and 127 grandchildren
GRANTS SUDDEN DEPARTURE.
Attorney Tayler them brought out q
( great many names of persons reputeC
4 10 be living in polygamy, together will
I dates of marriages and the number o
/ children born Of these plural marriage.
since the manifesto.
! Witness Owen testified to swearing
< out an information for Apostle Hebel
! j. Grant because of his mentioning hi.
polygamouS relations in an address be
I fore a Utah seminary. owen sait
/ Grant left the country and has no
since returned.
Owen was recalled in the Afternoon
I and his examination was resumed con
! corning attempts to bring about prose
4 cutions on charges of unlawful cohab
itOation. Owen said cases We're inSti
/ tuted against the late Lorenzo Snow
! president of the Mormon Church; Jos
] eph F. Smith, now president of tn
/ church, and Brigham II. Roberts, VIII,
/ was elected member of Congress, bu
was denied his seat on account of hi
having plural wives.
PROSECUTION REFUSED.
/ Many instances of Mormon officials
! refusing to recognize information
charging polygamy were reported t,
I the committee by the witness. The in
formation in the case against Presiden
! Smith was sworn to during the pas
summer and was based on admission
! of polygamous cohabitation made t.
the Senate Committee since the open
ing of the Smoot investigation. Gen
tile County Attorney declined to prose
cute, said the witness.
The witness said he was approache,
! when the Lorenzo Snow case was in
stituted before Judge Bartch, a mem
! ber of the Supreme Court of Utah, an,
/ urged to withdraw the prosecution oil
the gound that it was ill-advised, Presi
dent Snow being a very old man an,
one whose prosecution would arouse
great disturbance. Owen said he toll
Judge Bartch that President Snow the
had in his house an infant born to hi
ninth wife and that, being the head o
the church and one of the signers o
I the application for amnesty his VIC
lations of the law were particularly of
fensive.
Tayler. representing the protestants
said he had concluded his case excep
to put in documentary evidence H
! asked the right however, to call othe
| witnesses. who thus far have not beel
found. although search has been mad
! fo,