The Montgomery advertiser., 1904-12-21
PROTESTANTS
 CLOSE CNc Prosecutions r. lmony COnclu9x.
 -/s ADJOURNED UNTIL JAN. 10 Courts Will Not Prosecute for
 Polygamy. Attorney Taylor Says several Wit nesses Summoned are h Hiding and That Mormons Work
 Against suspeenas.
ADJOURNED UNTIL JAN. 10

Against Subpoenas.
 Washington. Dec. 30.-The Senator Reed Smoot investigation today reach ed that period where counsel for the protestants have concluded the exami- nation of all persons who could be reached by the subpoenas issued by the Senate Committee. f Attorney Taylor announced that he was ready to rest his case, except for the introduction of documentary evil dence and possibly to examine later some persons on whom it has been im- possible to get service. The case Of the respondent will be opened January 10, to which date the hearings have been adjourned.
 Just before the adjournment of the Committee. opposing counsel engaged in controversy over the advisability of certain reference works as evidence of the doctrines of the Mormon faith. No agreement could be reached. and after heated argument Mir. Taylor re- called Apostle Penrose to identify cer- tain reference books. In number Of instances Mir. Penrose denied that the | work has been accepted by the church 1 as authoritative publications, and said many of the matters contained in the documents were subject to dispute. Chairman Burrows ruled that the ut- 1 terance of leaders of the church may be offered as tending to prove doc trines of the church.
 The principal witness on the stand was Charles M. Owen, who has been employed in gathering data to be used against the Mormon church in the Shoot inquiry. He testified in regard to the bringing of actions against prominent church officials and as to the attitude of courts and prosecuting attorneys in such cases. He declared that such prosecutions are unavailing. as when convictions were obtained | small fines were imp, sed and in most cases these were paid by popular sub scription.
 Apostle John Henry Smith was the first witness called. Mir. Taylor ask cd: sF .,,., 1'1s the taking of the endowment a necessary prsduisite to-a marriage In a templer
 Tn the main. yes. I should answer both yes and no to that question:" Could Senator Shoot be elected an | apostle without taking the endow- ment2" He could be. yes sir" Could he have been married to his | wife for time and eternity without taking the endowmentT' He could have been. yes sir" Do such marriages occur now q presume not"
 Then the Inference we are to draw from your testimony" said Mir. Tay- whether Mfr. Smoot took the endow- ment or notT'
 No, sir; don't know"
 ''Of course I 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 differ i ence to you In voting for him for an apostle whether he had taken the en- | dowments or not?" asked MT. Taylor. "Knowirg Senator Smoot as I do. no sir" replied .he witness.
 Then in response to questions by Chairman Burrows, Apostle, Smith said he had no knowledge of any apostle who has not taken the endowments nor had he any positive information 1 to the contrary.
 B. B. Haywood United States Mar | shal for Utah. who received subp0enas from the Sergeant-atArms of the 1 Senate, for witness,s wanted by the Committee was sworn and testified that he. had subpoenas for fourteen more persons that he had not been able to find. He gave the list which included Apostles Heber J. Grant, re- puted to be in Liverpool England; John w. Taylor and Cowley. neither 1 of whom he could find. Another who l could not be found was Lillian Hamlin alleged to have been a plural wife Of the late Apostle Abram Cannon. | Marshal was Watched. Marshal Heywood In narrative form. l told of his efforts 70 find the persons | for whom he had subpoenas- One dep l uty made drive of 12O miles and re- ported to the marshal that hH had beer l followed and his movements watched by a young man. who claimed to be 1 solicitine subscril tions for magazines.
 Marshal Heywood testified that po- | lygamous marrIagea were numerous up | to the time Edmunds-Tucker act In 1 1887 and on cross s-examination said practically no effort had been made to l put q stop to these marriages.
 Mrs. Fannie c. Thurber, plural wife of Joseph Thurber. was sworn. 1 She said she has four children and 1 that her husbands first wife has eight Both wives live in Richfield but in ! houses one block apart. The youngest | child of the witness Is two and half | years old
 Charles M. owen. who has been as- sociated with MT. Taylor in accumu- latine evidence in the Mormon inves- tigation was sworn.
 MT. owen testified that he had the closest information possible about polyramy in Utah and never accepted one mans. word about polygam 1uE marriages. He sad that that. Apostle 1oSsn Tay, yo | wives within two or three years and that Apostle cowlcy has taken a new wife within three years. Taylor now has five wives. said the witness.
 "where are Apostles Cowley and TavIor?" asked MT. Burrows.
 T understand they are in hiding in Sa satd Anostle Merrill had nine wives two W S taken since the manifesto.
 Consn1tIng the church encyclopedia, ,hs 1vitness said Apostle Merrill has snrtv-five children and 127 grandchil- dren. .,, ,,,,,. t ..,a .s ,,o very ill? asked MT Burrows.
 xv,tress owen testified to swearing