The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1904-03-08

Washington. March 3.-Attorneys for
the protestants in the Smoot investiga-
kion today stated they intended to prove
that the defendant is associated with
q hierarchy. which practices polygamy
an %connives at violations Of the law
and that his vote as a Senator Of the
United States is subject to the wish
and command Of the Norman church.
president Joseph F. Smith confessed
that he himself continued to cohab.t
with his plural family since h mani
festo OF 1890 and hat he realized fully
that he was violating state laws. Pres
ident Smith also testified that Reed
Smoot had to get the consent Of his
associate apostles in the church before
he could become a candidate for Sena-
tor.
The confession of President Smith
was the sensation of the proceedings to-
day before the Senate committee on
privileges and elections.
Mr.. Taylor. of counsel Of the protest
ants, was directing his questions TO as
certain how the church regarded poly
RdIIOUS COIldDlldL1O1 VI SlIi1th Sd1d l.
was realized that such co~habltatlol
was contrary to the law and he VEN
further to say that the manifesto ha-
left him and others with plural families
in the unfortunate situation Of be nS
compelled to defy the law or deser-
their families. For himself, he SAID
he had preferred to take chances with
the law rather han to disgrace him
self and degrade his family by aban-
doning his wives and the children they
had borne him. He admitted that he
had had children by all of his five w We
since the manifesto and said he had &C
knowledged them openly without inter
ference or disturbance from the people
of Utah, whom he characterized as b.
eral and broad minded. The defens2
will take the witness stand tomorrow.
President Smiths statement was
brought out by Mr.. Taylor's question:
rs cohabitation with a plural wife
contrary to the rules of the church,?
Mr.. Smith spoke with great feeling
and d~irectness saying: In regard to
the status of polygamy at the time o.
the manifesto, | want to say that ate.
the hearing before the master of chan
eery | understood that we should alb
stained from relations with u plura.
families and that rule was observed up
to the time the enabling act went into
effect admitting Utah as a state. In
der that act. the only prohibition was
that plural marriages should cease.
Nothing was said about cohabltatlon
with our wives"
with the wives you had married pre-
vious to the. manifesto, you mean" in
terrupted Mr.. Hoar.
Tina is what I mean" said Mr..
Smith. Il understood hat plural mar
riages were to cease and ever since the
manifesto, until the present time. there
neve- has been a plural marriage in the
church performed in accordance with
its teachings or with the c~cnnivance o.
the church," and he added with create
Il know whereof L speak.
Then in answer to the question wheth-
er poIygamous cohabitation was re-
garded by the church as contrary To
the law he answered: 1T was.
Continuing he said; This was the
sase and is the case now.
But | was placed in this position
said Mt. smith, Il had a family-a
plural family if you please. l married
my first wife more than thirty eight
wears ago and my last wife more than
twenty years ago. By these wives. |
have had children and I have preferred
to take my own chances with the law
and suffer any consequences the law
might visit upon me rather than t.
b3ndon these children and their moth
err
II have continued TO cohabit with
them since the manifesto of 1890 and
they have borne me children since THAI
date. I was fully aware OF what L was
doing. know I was amenable to law
but az | say preferred to face that
situation rather than to desert them
I have not cohabited with these wives
openly or Haunted the fact, but l have
acknowledged these wives and children
as my family. The people OF Utah haV,
regarded the situation as an ex st n
fact. These people rs a rule are broad
minded and liberal in their views III
ha Va the ofense-if ofenSe j
Sc. rather than interfere with my stu
alton as they found it. IL has OeeE
known what I have been doing 1 h3v'
not been interferred with nor DISTURBED
In any way. If l had been. l was the-'
TO answer h charges. l was wiling I
face them and submit to the penalt.
whatever il might be"
.You must draw a distinction be
tween unlawful cohabitation and plura
marriages" he continued. The stat
law in regard to the. latter has bee!
complied with. No marriages haV
been performed with the SANCTION, ap
proyal. consent. knowledge or conniv
ezce OF the church or its officials. tn
other law is the. one 1 have presume I
disregard and which as l have said,
am ready TO face. rather than Cls%rac
myself or degrade my family ny turn
ing them on.
Mr. Taylor resumed his questioning
You say there is q state law FORBID
ding polygamous cohabitation and y
have been continuing to violate IL. !
utter disregard of the consequences!
ne asked.
"I think / have was the answer.
You have caused your plural w1ve
TO ear you new children, in vioiatio
OF the law you knew TO exist?"
That is correct" said Mr.. Smith
sno Won consider IL an aband1nmr-