The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1904-12-21

victed under this prosecution in Sep
TENDER, 1889.
Five persons in Sewer county, and
one in Box Elder stake were convicted
on the fundamentally of Mr.. Owen,
and many other complaints were filed
by him according to his testimony. The
fines in all cases were merely nominal,
said Mr. Owen from $25 to $3.50 and in
nearly every case the fines were paid
by public subscription. He said he
satisfied himself that action in the
courts was uhsvailing.
At this point a recess was taken.
Declined to Prosecute.
Mr.. Owen was recalled in the afternoon
and his examination was resumed con-
corning attempts TO bring about prose-
cutfons on charges of unlawful cohabita-
ton. Mr. Owen said cases were insti-
tuted against the late Lorenzo Snow
president OF, the Mormon church: Joseph
+. Smith. now president of the church.
and Brigham H. Roberts, who WAS elect
ed member of congress but denied his
seat on account of his having plural
wives. Roberts secured an aCquittal by
appealing his case after conviction. Many
instances OF Mormon officials refusing
TO recognize informatiOns charging poly
gamy were reported 10 the committee
by the witness. The information in the
case against President Smith was sworn
to during the past summer. and was
based ON admissions OF polygamous CO.
habitation made before the senate com
mittee since the opening of the Smoot
investigation. A Gentle county attor-
new declined TO prosecute, said the wit
ness.
Borah's Bluff.
Mr.. Owen said that this past summer
he learned of a challenge made by w
+. BOrah. at one time retained by Sena-
tor SmOOt as counsel. that if any sworn
infOrmatiOns were filed with him charg-
ing Idaho MormOns with being polyg-
amists he would prosecute to cOnvic-
ton The witness said he filed sworn
infOrmations in twenty cases, including
the names of Bulge, Parkinson and other
prominent Idaho Mormons.
Did Mr.. Borah prosecute these per
sons?" asked Mr.. Tayler.
No, sir. He stated in speech at
Lewiston a few days later that he had
received some alleged information, but
that he did not know Charles Owen, and
that he was not hunting the snipe IN the
alley; that he was hunting the tiger in
the jungle-Frederick I. Dubois.
What Bartch Did.
The witness said he was approached
when the Lorenzo Snow case was inyIi-
tuted before Judge Bartch. a member
of the supreme bench of Utah, and urged
to withdraw the prosecution on the
ground that it was ill-advised, President
Snow being a very old man ana one
whose prosecution would arouse great
disturbance. Mr.. Owen said he told Judge
Bartch that President Snow then had IN
his house an infant born to his ninth
wife, and that, being the head OF the
church and one of the Signers or the
application for amnesty, his Violations
OF the law were particularly offensive
Mr.. Owen said he told Judge Bartch
he did not care to prosecute the poor.
who had no money to make a defense,
and that he was alter the leaders of the
church
Law Ineffective.
On cross-examination by Mr.. Worthing-
ton. Mr. owen admitted that the lnior-
nations he filed in Idaho were ell cases
where he had been Informed by attOr-
neys that the law was ineffective and
that the defendants could not be reached.
Mr.. Owen said that he made his report
to DR.. Paden, one of the prOteStants,
and to no other person or organization.
He had not been employed by the sen
ate committee. he said. The witness was
cross-examined as 10 the religion Of the
various judges who have passed on prose
cutions OF Mormons and OF county az
torneHs who had refused 10 prosecute.
A Majority were said 10 be MOrmOns
or Jack Mormons. The witness admit
ted that he had stood for pictures of the
endowment house garments published re-
Gently BY a local paper.
Protestants Conclude.
Mr.. Tay1er, representing the pro-
testants said he had concluded his case
except to put in documentary evidence.
He asked the right. however. % call
other witnesses, who thus far have not
been found. although search has been
made for them.
Mr.. WOrthington protested against go
ing ahead with his case until he was
assured that the prosecution had con-
Cluded. Chairman Burrows said that
-rrrh md
Merrill would be heard. if found later.
but beyond instances Of that character
he understood thar the case of the pro-
testants was ended.
Messrs. Tayler and Worthington agreed
as TO the putting in of documentary evil
dence. Mr. Worthington announced that
while the sudden close and the unfin-
ished condition of the protestants case
was embarrassing TO him. he would fur
niSh soon TO the chairman a list of
names OF persons he desires 10 have
subpOenaed as witnesses for the de-
Tense.
VIII nee. Dr1N1f