Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-12-20
TO CLOSE TESTIMONY
EVIDENCE REGARDED AS DAMAG-
ING TO THE SENATOR.
U. s. Marshal Haywood of Utah Mar
rates His Experience in Trying to
Locate Witnesses.

Attorneys for the protestants n
the Senator Smoot investigation i'll
tend to close today the examination
of all the witnesses that they have
been able to reach with subpocnas
and in all probability will rest their
case. Summonses have been issued
by the Senate committee on privi-
leges and elections for a number Of
| Mormon officials wanted by Attor-
ney Tayler, but the Senate officers
have not succeeded in getting serY:ce
on them. Among the more pronli-
nent of these are Apostles Taylor,
Merrill, Grant and Cowley, who are
charged by the protestants with taxi
ing plural wives since the Woodruff
manifesto.
The testimony In the Smoot case. that is
being taken by the Senate committee on
privileges and elections, is daily involving
Senator Smc OF as a party to a lire of con-
duct on the part of the Mormon Church OF
Utah which many people who are closely
following the case believe will be u forerun-
ner to decision the part Of the COM
mittee and OF the Senate I'm favor CT lln-
seating him.
1t has been shown in evidence that seven
of the ruling body of the Mormon Church
are polygamists and openly practice poyg-
amy IN defiance of the laws that have been
enacted by Congress against that practice
and in defiance to the provision of the con-
stitution of Utah which was. In fact. plac-
ed in that instrument as condition on
which the territory of Utah was admitted
to statehood,
Smoot Voted for a Polygamist.
Twelve apostles and the president OF the
church constitute the governing body of
that institution. One member of that body,
Penrose, was elected an apostle last sum-
mer in the face of the well-known fact that
he was living i'm polygamy. Senator Smoot
participated In that election. which was
unanimous. These facts prove conciusively
that Senator Smoot voted for a poiygamist
apostle of the church.
Those who are following this case care
fully declare that it will be utterly im-
possible for Senator Smoot to disaSsociate
himself from the acts OF the Mormon
Church in view of the testimony that has
been given. OF the thirteen members OF
who are living in open polygamy. IL is said,
have the same relation to Senator Smoot.
also an apostle. as IL these thirteen men
were banded together for som" Illegal pur-
pose, although but seven of them were ac-
tually engaged in violations of the law.
The fact that Senator Smoot by his vote
as an apostle and by his relation generally
with the church becomes party To these
violations of law is declared to be clear
as IL instead of violating the law against
polygamy the violation related to counter
feiting. 1t is pointed out that ifsa body of
thirteen men were banded together. seven
of them engaged in counterfeting, with the
full knowledge and approval OF the other
six they would all be guilty alike.
Evasion of Service.
The difficulty of the committee in getting
witnesses to come here to testify in this
case is also producing a very bad impress
sion. Mr.. Hayward, a United States mar
shall, today testified of the impossibility of
serving subpoenas on eight or ten of the
witnesses that 1t was desired should be
brought to Washington. He called at the
houses OF these witnesses. but their wives
declared that they did not know where they /,
" ere, and In no way could they be located.
In some cases the blinds of the houses at
which the United States marshal called
were all closed and the utmost secrecy was
maintained. This Is regarded as a form OF
evasion Of law, which has impressed every
one who heard the testimony simply
meaning that the witnesses knew that their
testimony would injure the of the
church. and to that extent their evasion Is
looked upon as an admission of guilt
Apostle Smith Recalled.
Apostle John Henry Smith was the first
witness called before the Smoot Investigate
ing committee today Mr.. Tayler asked:
''Is the taking of the endowment a neces-
sary prerequisite to marriage IN u
temple?"
I'm the main. yes; / should answer both
yes and no to that question"
Gould Senator Smoot be elected
apostle without taking the endowment"
He could have been, yes, sir.
Gould he have been married to his wife
for time and eternity without taking the
endowments?"
He could have been; yes, sir. ,
do such marriages occur now?"
"I presume not
"Then the inference we are to draw from
your testimony" said Mr.. Tayler, ''is that
you have no knowledge whether Mr.. Smoot
took the endowment or not?'
NO. sir; do not know. OF course have
my own belief" said Apostle Smith.
"And your belief is that he did take the
endowment
''Yes. SIR
"And it would have made no difference to
you in voting for him for an apostle
whether he had taken the endowments or
knowing Senator Smoot as / do. no,
SIR" replied the witness.
Then in response to questions by Chair
man Burrows. Apostle Smith said he had
no knowledge of any apostle who has not
taken the endowments, nor had he any
positive information to the contrary.
Couldn't Be Found.
b. B. Haywood, United States marshal
for Utah, who received subpoenas from
the sergeant-at-arms of the Senate for
witnesses wanted by the committee, was
sworn and testified that he had subpoenas
for fourteen or more persons that he had
not been able to find. He gave the list.
which included Apostles Heber J. Grant.
reputed to be in Liverpool, England;
John w. Taylor and CowIey, neither of
whom he could find. Taylor was said TO
have been absent year, and Cowiey was
said to have been in Canada. but no in
formation could be learned concerning
n i'm, xvh N could M he