The Birmingham age-herald., 1904-03-09

and expect to live In disobedience to the law of the country, the law of your church and the law of Godg The witness replied with simple yes. He added in reply to question from Senator Dubois that he considered 1t his duty to live with and protect his wives.
 Mr Lyman again took the stand at D. m. He said he became an apostle in 1880 and that Reed Shoot became an apostle in 1900. MT. Shoot had never re- proved him for living in polygamy, either | in public or in the apostolic meetings
 "If I am thought worthy. will sue ceed to the presidency of the Mormon church if survive President Smith," said Mir. Lyman, in answer to a question. MT Lyman said that he Is the presiding of- ficer of the twelve apostles. The name of John Henry Smith. polygamyist, was given as the second member of the twelve apostles, and that of George Teas dale, a polygamist as the third apostle. H B. Grant, a polygamist, fourth John W. Taylor. a polygamist, hfth MT. Mer- Till, a polygamst, sixth, making five apostles who are conceded to be polygam- ists.
 Smoot Attends Meeting.
 Senator Shoot has attended the meet ings of the apostles" said MT. Lyman,
 
 the weekly meetings"
 The witness said he had introduced many of his wives to Mir. Shoot.
 Chairman Burrows asked concering the nature of the marriage service known as going through the endowment house. and an objection was entered by Mir Worthington. on the ground that it did not assume that MT. Shoot had any knowledge of the ceremony. Chairman Burrows said it had been asserted that Senator Shoot had zone thorugh the endowment house" and had taken some paths that might conflict with hls oath as senator. Mir. Lyman said he could not state the service, if 1t was to save his life.
 Mir Lyman said the members of the first presidency and the apostles had never discussed the advisability of prosecuting persons engaged in polygamous cohabita- ton.
 Has Charge of Missionaries.
 Apostle Shoot never knew had more than one wife, in answer to a question. MT Lyman has charge of the work of sending out missionaries and he identified the books that are used in making con- verts. He said the apostles do not look upon the doctrine and covenants as one of the books for general circulation. MT. Lyman said missionaries always are thoroughly warned not to discuss polyg- amy because we have yielded to the re- qulrement of the law not to teach the the ory of polygamy' He said the mssiona- ries never touch upon the subject, unless the theory Is assailed.
 "Do they defend or denounce it?' was asked
 "They would not denounce It. said MT. Lyman He said that was the situation also in regard to himself. Tn answer to question by Senator Overman, Mir Lyman
 IN- 04 t1.o president could issue authority upon an elder to perform plural marriages. "The president holds the keys"
 What do you mean"
 That he Is the only one who has any authority"
 Asked About Residents Authority. MT Worthington asked how it was that the president could issue authority in con flict with the manifeto which Is said to be the law of God, and concluded his ques- ton thus
 "Is he above the Lord?'
 ''Oh. no; he Is not above the Lord"
 Chairman Burrows inquired If any one was opposed for position as apostle pe- cause of polygamous cohabitation.
 "Only in the event his plural marriage occurred since the manifesto said MT Lyman.
 "How about Apostle Cowley?" asked Senator Dubois
 rIIe was a polygamist and was elected an apostle since 1S9O"
 You say" asked MT. Burrows, that missionaries are instructed not to go into the mysteries of the church. Is polygamy one Of the mysteries?"
 ''Yes, I guess 1t would be considered one of the mysteries now
 Senator Pettus inquired concerning the authority given to MT. Shoot to become a candidate for senator, and MT. Lyman said consent under a rule of the church must have been given by President Smith.
 Like Shepherd and Flock.
 MT. Lyman said sthe principle of getting consent was that a shepherd could not leave his flock of sheep until his successor came to take charge, and therefore IL was required that officials muct get authority before leaving their official dutieshn the church.
 MT. Lyman was asked what distinction he made between the revelations he obey ed and those he did not obey.
 ''I suppose you mean the laws I have confessed and that 1 have violated in cohabiting with plural wives?" he asked When told that was what was meant. he said:
 q trust myself to the mercy of the Lord"
 Have you ever repented of that dis obedience?" asked Mir Hoar.
 Not yet"
 Did Senator Shoot know you were living with plural wives?" was asked. MT. Lyman answered that Senator Shoot did not know, as he never met any of his wives. He said that the peo- pie in general in Utah knew, but that he did not think MT. Shoot had any knowledge of the fact. He said he was so generally known and his reputation was so wide that what was admitted as a fact in regard to him, would be regarded as true.
 Insists on Shoots Knowledge.
 Chairman Burrows insisted on knowing if the people of Utah knew in regard to his life why Senator Shoot could not know Just as well. The witness responded several times that the people must have known, but that Senator Shoot did not. whereupon Senator Hoar demanded to know what the witness meant by such an- swers The witness then saidt hat Sena- tor Shoot probably knew just as much about the question as the people in gen. eral.
 DO you take back what you said then that the people knew and Senator Shoot did not know? asked Senator Hoar.
 T take that back
 Don't you think, Mir. Apostle, that 1t behooyes you to be little careful about what you say so that you will not have anything to take back?" asked the sena- tor severely.
 Senator Hoar followed this question by