The Birmingham age-herald., 1904-03-09
SENSATIONS BROUGHT
 OUT IN SHOOT HEARING

ised to love. cherish and support the woman.
 And did you continue to cohabit with her after you married the woman you call your legal wife?' Chairman Burrows asked.
 The witness said he lived with both wives but that they had different homes in Richmond, Utah. about mile apart.
 You say you were living with your mother when you were married the sec ond time. Where was your father, Apos- tie Merrill, at that timer"
 He was underground most of the time" said the witness, jocularly
 What do you mean by underground?' asked MT. Warrington.
 He was in hiding"
 Why was he in hiding?" asked the chairman.
 Because about that time there were prosecutions going on for polygamy," MT. Merrill answered. He said that often times he would not see his father for a month.
 Went to Ills Mothers Home.
 Mr. Merrill said he had taken his 1888 wife to his mothers home occasionally but that she had never stayed all night there and so far as he knew his father did not know that he had wife already when he was married by his father to the woman he calls his legal wife. MT. Merrill said his father Is still living and is still an apostle of the church but Is very feeble.
 In regard to his family MT. Merrill said he had a father with six wives and that he had twenty brothers and seventeen sisters. He was asked how many nephews and nieces he had and said he did not know, but thought there were more than a hundred.
 My father lives with his first wife and comes to the home of my mother prob ably not more than once month, he said. My father Is a very busy man, the witness supplemented.
 MT, Merrill thought three of his broth CTS have married plural wives and that two of his sisters had married into poly gamous families.
 Mrs. Matthews Is Called.
 The prosecution called to the stand Mrs, Emma Matthews of Marysville, Utah, mother of Miss Clara Mabel Kennedy Mrs. Matthews said she had been mem Der of Mormon family for twenty-five years and is a Mormon herself. She has been plural wife, but Is not now. Mrs. Kennedy is the child of Mrs. Mathews first husband and was born before Mrs, Matthews became a Mormon Mrs Matthews said Mrs Kennedy Is 26 or 2l
 ears old and had gone to Diaz with her parents sixteen years ago.
 Mrs. Matthews said that while living at Diaz she had known MT. Johnson Tor two years prior to his marriage to her daughter, and that she had no objection to her daughter becoming his plural wife. She remembered well the marriage of Johnson to her daughter and fixed the date definitely in May, 1894. "He Just asked me If I was willing that he should marry my daughter, and I said yes. She wanted to walt until she was IS, but he was not willing"
 She saw both Mir. and Mrs. Johnson, the first wife, when they and the daughter who was to become the second wife left for Juarez.
 You knew they were going to Jaurez?' Yes"
 Did you know your daughter was to be married then to Johnson" q did not"
 Why did you suppose she was gcingy "I did not know"
 Then you did not see her married? ?" q did not"
 Has she ever told you that she was married to Johnson then?'
 She has not. never asked her." Mrs. Merrill was temporarily recalled and questioned by Senator Dubois, who said:
 Does Not Uphold Doctrine. Mrs Merrill. do you still uphold the doctrine of polygamyT'
 No sir" was the reply.
 But you practice iti''
 "I do."
 How do you reconcile the two state mentsg 'one of the members of the com mittee asked
 Der of the committee illustrated by saylns she was like the man who was for "prohl- bition but agin the enforcement of it." Francis M. Lyman. member of the first presidency of the Mormon church, and the prospective success of MT. Smith of the church, was the next witness. He was born 66 years ago and became an apostle in 1880. Are you a polygamist?" MT. Taylor asked, and the witness replied frankly: Yes"
 He said he had three wives and two of them are still living. By his second wls~ to whom he was married in 1884. he had five children, the last being born in 1900 MT. Lyman said he had been one of the sfgners of the prayer for amnesty, pledg- Ing himself to all that 1t contained He did not however, recall Just what 1t con- tained.
 MT. Taylor read portion of the prayer.
 Did you," he asked, Interpret that tc mean that you would abstain from polyg- amous cohabitation?'' 'T interpreted 1t to mean to do all that was right"
 Do you think it would be right to ab. stain from polygamous cohabitation?'
 This was not answered directly at thu time
 Many Questions Asked. | Subsequent questions by other members followed in rapid succession. Mr. Lymar admitted in response that he knew ir | living in polygamy he was disobeyinl | both the laws of the land and the rules oi | his church. He also said in reply tc one of these questions that he was mol only now living in polygamous cohabita. tlon but that he expected to so continue to live.
 MT. Hoar at last took the witness fin hand and brought out succinct state ment from him which was of a char acter to interest all present.
 Referring to the rule of which you have spoken" MT. Hoar said, you understood the rule or law to be the law of God, did you not?" MT. Lyman replied that such was his understanding.
 Then you are living and intend to live in violation of God and man?'