The Montgomery advertiser., 1904-03-08

 POLYGAMYEN RECENT HEARS  Has Been Practiced By the MOrmOnS. IA MARRIAGE IN 1896 Woman Swears She Was Wife No. 2 of a Mormon. President Joseph Smith Finishes Hia Testimony After Five Days on the nd-says He Has
 Al Children.

&& GAAk0GSA4s
 Washington. March 7.--After having Joseph Smith, president of the Mormon Church on the stand for nearly five hours to-day before the Senate Committee on Privileges and Election which is investt- gating the right of Reed Smoot to sit as a senator, both the prosecution and the defense announced that they were through with him and another witness was called.
 This was Mrs. Clara Mabel Kennedy, who told some secrets of the Mormon church which, if not broken down, will prove as important as the statements of President Smith that he and other off, cials have been persistently cohabitating with plural wives in violation of the law.
 Mrs. Kennedy said she was married by Brigham Young, an apostle of the church, to James Francis Johnson. q polygamist since the manifesto of 1890, and that she has had two children by that husband. The marriage was perform ed in Mexico, according to the witness, at the home of high official of the church.
 The Hearing Opened.
 With President Smith, of the Mormon church again on the stand for the de- fense, the second week of the investiga- tion of the Shoot case opened to-day be- fore the Senate Committee on Privileges and Elections. K
 Senator Dubois put into the record the census figures for Utah, taken in 1890, to show that instead of only 3 or per cent in polgamy, as Mir. Smith had said; in reality there were about 23h per cent. of the Mormon population of polygamous age who were living tn a state of polyg- amy in 1890 Senator Dubois gave 1t as his opinion that there had been no ma terial reduction in the number of polyg- amists since 1890.
 MT. worthington conducted an exami- nation of MT. Smith to ascertain the pro- ceses undergone in cass of exeofnmunica- tion. The witness explained the manner in which the church. Is divided Into di- visions of wards and states and the ma chinery of the organization through which charges against any person have to be brought and passed upon. The Fifteen" He said the apostles have nothing to do with the judicial affairs of the church. They preach the gospel and send mis- sionaries to other fields. The president, the apostles and high councillors form what is known as The Fifteen" and meet once U WSSk TUT prayer anu GOHouA~ tation on matters generally relating to the church.
 A futile effort by President Brigham Young in 1875 to have Bishop Jaco0 W. Weller removed from the leadership of a ward was related by Mr. Smith to show that the presidency does not exercise pow CT over the wishes of the people, and that the members of the church by the free dom of their vote in reality form the power of government. Several other like instances were related for the same gem eral purpose.
 MT. worthington read the revelation by Joseph Smith, Jr., January 19, 1s41, nomi- hating Brigham Young as president and all of the meRbers of the high counsel and apostles. In this revelation was command to accept the nominations or to reject them in general conference. Mir. Smith declared that even in the original revelation naming a successor to the first president. 1t was in the power of the members to accept or reject. Mir. Smith in reply to an inquiry, said Reed Smoot became an apostale April 9, 1900
 Right here let me ask you when your last child was born?" asked Mir. Worth ington.
 T don't know whether that has any bearing on the case" said MT. SnSth But I believe it was on the day MT. Smoot became an apostle"
 Then there has been none since?" asked MT. Worthington.
 No, sir.''
 Then so far as you and MT. Shoot are concerned, you were in harmony remarked MT. Burrows.
 MT. worthington inquired whether at any of the joint meetings of the first presidency and the apostles, the question of poIygamous cohabitation had been dis cussed.
 MT. Smith said 1t had not.
 He declared that when Mir. Smoot be- came an apostle the status of most of the polygamists had been fixed many years before
 In answer to questions by Mir. Worth ington and Senator Burrows, Mir. Smith said Senator Shoot had never advised for or against continuance of polygamous ooha bitation.
 In relation to convictions, Mir Smith said there have been none since the manifesto of 1890: that all convictions under the Edmunds law were while Utah was a territory. Senator Dubois refer red to MT. Worthington as counsel for Mir. Smith.
 Warrington Protests.
 q protest" said Mir. Worthington. 1T am not the attorney for the witness. If I was the examination would have been far different
 A list of the first judges elected since Utah was State showed that the former territorial judges were chosen without exception, and that all of them had formerly sent Mormons to prison for polygamous cohabitation. The purpose of this was to deny the inference that the Mormon church dominates the courts
 The hearing was adjourned until p. m.
 At the beginning of the afternoon ses- sion Mir. Smoot stated that according to his best understanding, President Wood ruff and Snow conformed to the former s manifesto and obeyed the law. He said that of tho six apostles appointed since the manifesto of President Woodruff, only one. c. w. Cowley, is a polygamist. In regard to Joseph M. Tanner, president of the faculty of the Utah Agricultural College. Mir. Smith said 1t was under stood that he had Eiore than one wife. 70
 He declared that so far as he knew. no one in the church had been appointed an oficial in the church because he is poiygamist. that such appointments f |. all