The Birmingham age-herald., 1904-12-21
EVIdtnce Against Senator SnOOt
 is All In
HAVE WARM CONTROVERSY
Attorneys Cannot Agree on Advisa- bIlty of Certain Reference Works as Evidence Of Doctrine of
 Mormon Faith.

Washington, December 20-Senator Reed Shoots investigation today reached that period where counsel for the protes- tants have concluded the examination of all persons who could be reached by the subpoenas issued by the senate commit tee. Attorney Taylor announced that he was ready to rest his case, except for the introduction of documentary evidence and possibly to examine later some per- sons on whom it has been impossible to get service. The case of the respondent will be opened January 10, to which date the hearings have been adjourned.
 Just before the adjournment of the com mittee, opposing counsel engaged in a controversy over the advisability of cer- tain reference works as evidence of tke doctrine of the Mormon faith. No agree ment could be reached, and after heated argument MT. Taylor recalled Apostle Penrose to identify certain reference books. Tn a number of instances MT. Pen rose denied that the work has been &C., cepted by the church as an Authoritative publication and said that many of the matters contained in the documents were SupJoCtS never LOuCneQ upon.
 Chairman Burrows ruled that the ut- terances of leaders of the church may be offered as tending to prove doctrines of the church organization.
 The principal witness on the stand was Charles. M. Owen, who has been employed in gathering data to be used against the Mormon church, in the Shoot inquiry He testified in regard to the bringing of actions against prominent church offi- clals and as to the attitude of courts and prosecuting attorneys in such cases. He declared that such prosecutions are un- satisfactory and when convictions were obtained small fines were imposed. and In most cases these were paid by popular subscription.
 Owen on the Stand.
 MT. c. M Owens was in the afternoon recalled and his examination was re- sumed concerning attempts to bring about prosecutions on charges of unlaw- full cohabitation. Mir Owens answers were instituted against Lorens Snow, late president of the Mormon church; James F, Smith, now president of the church, and Brigham H. Roberts, who was made member of congress but denied his seat on account of his having plural wives A warrant was denied in the first case and Roberts secured an acquttal by appeal ing his own case after convection.
 Many instances of Mormon officials re- fusing to give information against those charged with polygamy were reported to the committee by the witness. The infor- nation in the case against President Smith was sworn during the past sum mer, and was based on admission of poly gamous combinations made before the senate committee since the opening of the Shoot Investigation A Gentle county attorney declined to prosecute, said the witness.
 MT. Owen said that this past summer he learned of a challenge made by w E. Borah, at one time retained by Senator Shoot counsel that if any sworn in formation was filed with him. charging Idaho Mormons with being polygamists he would prosecute to conviction. The witness said he filed sworn information in twenty cases, including the name of Budge Parkinson and other prominent Idaho Mormons.
 Did Mir. Borah prosecute these per- sons?' asked MT. Taylor.
 Did Not Prosecute Cases.
 "No sir. He stated in a speech at Lewis ton a few days later that he had received ' some alleged information, but he did not know Mir. Charles Mostyn Owen. and that he was not hunting the snpe in the valley; that he was hunting the tiger in the jungle, Mir. Fred T. Dubois.
 The witness said he was approached when the Lorenzo Snow case was insti- tuted before Judge Bartch, a member of the supreme bench of Utah and urged to withdraw the prosecution on the ground that 1t was i'll advised, President Snow being a very old man, and one whose prosecution would arouse a great disturbance.
 MT. Owen said he told Judge Bartch that President Snow then had in his house an infant born to his ninth wife and that being the head of the church. and one of the signers of the application for amnesty, his violations of the Ia " were particularly offensive. Mir. Owen said he told Judge Bartch he did not care to prosecute the poor who had no money to make a defence, and that he was after the leaders of the church.
 On cross-examination by Mir Worthinn- ton Mir. Owen admitted that the inform ations he filed in Idaho were all cases where he had been informed by attor- reys that the law was ineffective and the defendants could not be reached. MT Owen said that he makes his reports to Dr. Paden, one of the protestants, and to no other person or organization. He had been employed by the senate com mttee he said. The witness was cross examined as to the religion cf the various judges who have passed on prosecutions
  who had refused to prosecute. A majority Mormons The witness admitted that he Mrmons. The witness admitted that he had stood for pictures of the endowment garments published recently by a local paper.
 Has Concluded Ills Case.
 MT Taylor, representing the protest ants. said he had concluded his case, except to put in documentary evidece. TIa a sked the court. however, to call other witnesses who have not been found although search has been made for them MT. Worthington protested against go- ing ahead with his case until he is assur- ed that the prosecution has concluded. Chairman Burrows said that witnesses such as apostles. would be heard if found but beyond instances of that character he understood that the case of the pro- testants is ended.
 Messrs Taylor and Worthington am nounced that while the sudden close and unfinished condition of the protestants aane Ia erubarrassinR to him. he would