The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1904-03-04
LOOKED AT CRITcHLow AND OWEN.

50. but he denied the truth of the
statements
Broke the Law Continuously.
Then Mr.. Tayler asked a number of
questions which brought out state
Inent from Mr.. Smith regarding his
own position under the laws covering
pOlygamy. He acknowledged that he
had violated them continuously since
the manifesto Of 1890 and is ready now
and always has been ready to face the
laws of the land
Mr.. Tayler asked: "Is cohabitation
with a plural wife contrary to the
rules of the church,"
Mr. Smith asked and received per
mission 10 make statement and then
answer the question in his own way
He spoke with great feeling and direct
ness. just the reverse OF his attitude on
the stand at yesterdays hearing, say
ms
In regard to the status OF polygamy
at the time of the manifesto I want to
say that after the hearing before the
master of chancery I understood that
We should abstain from relations with
our plural families. and that rule was
observed up to the time the enabling
act went into effect admitting Utah as
state. Under that act the only pro
hlbitiOn was that plural marriages
should cease. Nothing was said about
cohsbitation with our wives
Plural Marriages to Cease.
with the wives YOU had married
previous to the manifesto. you mean?"
interrupted Mr.. Hoar.
THAT is what l mean said Mr..
Smith i understood that plural mar
rim
manifesto until the present time there
never has been a plural marriage in
the church performed in accordance
with its teachings or with the conniv-
ance of the church" And he added
with greater emphasis: 4 know where
of I speak"
Then. in answer to the question
whether pOlygamOus coha bitation was
regarded by the church as contrary to
the law, he answered: 1T was"
Continuing, he said:
This was the case and is the case
now. But ! was placed i'm this posi-
tion.'' said Mr.. Smith: 81 had a fam
ily-a plural family. il you please. ]
married my first wife more than thirty
eight years ago and my last wife more
than twenty years ago. BY these wives
l have had children and ] have pre-
ferred to take my own chances with
the law and suffer any consequences
the law might visit upon me rather
than abandon these children and their
mothers.
Knew What He Was Doing.
Il have continued to cohabit With
them since the manifesto of 1890 and
they have borne me children since that
date ] was fully aware OF what / was
doing. ] knew / was amenable To the
law; but, as 1 say, I preferred to fac,
that situation rather than TO desert
them have not cOhabited with these
wives openly or Haunted the fact. but
! have acknowledged these wives and
children as my family. The people OF
Utah have regarded the situation as
an existing fact. These people as a rule
are broad minded and liberal i'm their
views. and have condoned the offeDse-
II Offense il is-rather than to interfere
with my situation as they found il. It
has been known what ] have been do
ing. / have not been iuterfered with
nor disturbed i'm any way. II I had
been was there to answer the charges
/ was willing 10 face them and submit
10 the penalty. whatever it might be"
Mr.. Smith paused for a moment but
as Mr.. Tayler prepared to ask anotbeT
question he again proceeded with his
statement:
Draws Distinction.
y on must draw distinction he
tween unlawful cohabitation and plural
marriages. he said The state law iu
regard 10 the latter has been complied
with No marriages have been per-
formed with the sanction. approval
consent knowledge or connivance of
the church or its officials. But The
other law is the one 7 have presumed
10 disregard, and which. as / have said
am ready 20 face rather than disgrace
myself or degrade my family BY turn
ing them of"
Mr.. Iayler resumed his questioning.
You say there is state law forbid /
uing polygamOus Capitalization. and
you have been continuing to violate il
m utter disregard Of the consequences p /
he asked.
think have" was the answer
You have caused your plural wives
10 bear new children in violation of the
law you knew 20 exist?"
THAT is correct" said Mr.. Smith.
Why have you done so2" persisted
Mr.. Tayler.
For the reason I have told you.
preferred 10 face the law. / could not
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