The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-12-21
THE STAGE IS NOW
CLEAR FOR SMOOT
And He Will be Heard on
January Tenth
MERRILL WELL WIvED
When He Gathers His Family About
Him He Needs Communal
Building Such as Puebios
Fashion in Which TO
House Them.
(By the Associated Press.)

washington, II. -, Dec. Gu.---1 ne
Senator Reed Smoot investigation to-
day reached that period where coun-
sci for the protestants have concluded
the examination of all persons that
could be reached by the subpoenaes
issued by the Senate committee. At
torney Tayler announced that he was
ready to set his case, except for the
introduction of documentary evidence,
and possibly to examine later some
persons on whom it has been impossi-
BILE TO get service. The case of the
respondent will be opened January
10. to which date the hearings have
been adjourned.
Just before adjournment of the COM
mittee opposing counsel engaged in
controversy over the admiSsiDility of
certain reference works as evidence
of the doctrines of the Mormon faith.
No agreement could be reached and
after heated arguments Mr. Tayler
recalled Apostle Penrose to identify
certain reference books. In num-
Der of instances Mr. Penrose denied
that the works had been accepted by
the church as authoritative publi-
cations and that many of the mat
ers contained in the documents were
subject to dispute. Chairman Bur-
rows ruled that the utterances of
leaders Of the church may be offered
as tending to prove doctrines of the
church organi2ation-
The principal WitiicsS on the stand
was Charles NJ owen. who has been
employed in gathering data to be
used against the Mormon church in
the Smoot inquiry He testified in re-
gard to bringing actions against prom
inent church officials and as to the
attitude of courts and prosecuting at
torneys in such cases. He declared
that such prosecutions are unaYailing
as when convictions were obtained
small fines were imposed and in most
cases these Were paid by popular sub
ScriptiOn.
Apostle John Henry Smith said he
had no knowledge OF any apostle who
has not taken the endowments, nor
had he any positive information to
the contrary.
E. b. Haywood United States Mar
shall for Utah, who received suopoe-
macs from the sergeant-at-arms of the
Senate for witnesses wanted by the
committee was sworn and testified
that he had subpoenaes for fourteen
or more persons that he had not been
able to find. Marshal Haywood testi-
fled that practically no effort had
been made to put stop TO polyg-
amous marriages.
Olive Branches? \ Few.
Charles NJ. Owen said that Apostle
Taylor is reputed to have taken two
wives within two or three years, and
that Apostle CoWley has taken new
wife within three years. Taylor now
has five wives, said the witness
''Where are Apostles Cowley and
asked Mr.. Burrows
II understand they are in hiding in
Canada" said the witness. He said
Apostle Merrill has nine wives. two
taken since the manifesto. Consulting
the church encyclopedia the witness
said Apostle Merrill has forty-fve
children and 127 grandchildren.
Attorney Tayler then brought out
a great many names of persons re-
puted to be living in polygamy, to-
gether with dates of marriages and
the number of children born of these
plural marriages since the manifesto.
Witness Owen testified TO swearing
out an information for Apostle Heber
J. Grant because of his holding out
his polygamous relations in an address
before a Utah seminary.
Mr.. Owen said that Grant left the
country and has not since returned.
Five persons in Sewer county and
one in Box Elder Stake We're con-
victed through the instrumentality of
Mr.. Owen, and many other complaint
were filed by him according to his
The fines in all cases We're
merely nominal said Mr.. Owen, from
SIS to $3.50
Mormon officials Would Not Act.
Mr.. Owen said cases were inSti-
tuted against the late Lorenzo Snow
president of the Mormon church;
Joseph f. Smith, now president of the
church, and Brigham H. Roberts, who
was elected q member of Congress but
denied his seat on account of his haV-
ing plural wives. A warrant WAS de-
MED in the first case and Roberts Sc
cured an acquittal by appealing his
case after conviction. Many instances
Of Mormon officials refusing to recog-
nize information charging polygamy
were reported to the committee by
the witness. The information in the
case against President Smith was
sworn out during the past summer
and was based on admissions of polyg
amous cohabitations made before the
Senate committee since the opening
of the Smoot investigation A Gen
tile county attorney declined to prose-
cute said the witness.
Mr.. Owen said that this past sum-
mer he learned of challenge mado
by w. f. Borah at one time retained
by Senator Srnoot as counsel that if
any sworn infornlationS were fled
with him charging Idaho Mormons
with being polygamists, he would
prosecute to conviction.
The witness said he filed sworn in-