The united opinion. [volume] (Bradford, Vt.) 1881-1970, 1904-03-18

Judge Hiles of Utah Sees 1t In
"New Crops of Children"
GROWS MORE FLAGRANT
Declaration That POlygamy Has
Been More Openly Practiced
Since Utah Became a State
Plural Marriages Since 1892


Washington, March 14.-That Reed
| Smoot could not have been elected TO
the United States senate without hav-
ing first been chosen as an apostle Of
the Mormon church and that after he
was so chosen, he could not have been
defeated, was asserted by Judge Ogden
Hiles, assistant United States attorney
from 1886 to $780, and later judge OF
the district court of Utah, who was a
witness i'll the Smoot case before the
committee on privileges and elections.
He told an interesting story of the
prosecutions and said the first cessation
in the fragrant practice of polygamous
cohabitation came after the passage of
the Edmunds-Tucker act making
adultery crime and prescribing neavy
penalties for violations. Up to that
time the people went to jail or paid fines,
declaring it preferable to obey the laws
of God rather than the laws of man.
The heavy fines for subsequent prose
cutions for adultery, he said, brought
change of view. Many of those prose
cuted were poor and unable to pay the
fines and then they accepted the offer
Of the courts to waive punishment if
promise was given not to continue to
violate the laws.
Judge Hiles covered much of the
ground gone over in the testimony of
Mr.. Critchlow, but in regard to the ces-
sation of prosecution, until after the
manifesto of 1890, he added many inter
esting details. He said there was dis
position not to prosecute cases when
the law generally was obeyed, but that
after the manifesto it was seen that the
Mormons had returned to their old prac.
tees He said this was evident from
the new crops of children" from pOlyg-
amous families which continued to
spring up.
In the cross-examination Mr.. Van
Colt brought out great dial of testi-
mony regarding church influence for
the election of Smoot for the senate
and Judge Hiles stated positively:
"Mr. Smoot could not have been
elected to the United States senate if
his candidacy had not been approved
by the Mormon church"
The witness said his basis for believ-
ing that polygamy was more fragrant
since Utah was admitted as a state was
that more polygamous children were
being born, and that polygamists drive
through the streets more openly than
before. Witness said he believed that
such polygamous marriages had taken
place since the manifesto. Counsel for
the defense pressed for the names of
the persons, but the committee decided
that the witness need not disclose them.
Mr.. Tayler said they had great deal
of evidence to offer that plural mar
riages had taken place since the mani
festo.
An interesting feature of Judge Hiles'
testimony was his declaration that for
mer United States Senator Rawlins was
still Mormon. even though he stood
out against the church on the matter Of
interference in politics. Attorney Van
Colt took the witness to task for the
statement and the colloquy enlivened
the close of the days hearing.
Chairman Burrows adjourned the
session subject to call. 1t is expected
there will be a number of witnesses
here within week or 10 days.