The Montgomery advertiser., 1904-12-21

cl0u0iueeas uBot NsF'"
 
 Grant had left the country and has not since returned.
 Action was also begun by MT. Owen against Angus M. Cannon and on his plural wives. Mir. Cannon was con- victed under this prosecution In Sep tember. 1899.
 Five persons. In sevier County and one In Box, Elder Stade. were con victed at the instrumentality of MT. Owen and many other complaints were filed similar according to his testimony. The fines In all cases were merely nom- inai. said Mir. Owen.
 A. .h,s point recess was taken.
 MT. Owen was In the afternoon re- called and his examination was resumed concerning attempts to bring about prosecutions on charges of unlawful cohabftation. Mir. Owen said cases were Instituted against Lorens Snow, late President of the Mormon Church, Joseph F. Smith, now President Of the church, and Brigham H.. Roberts. who was elected g member of Congress. but denied his seat owing. to his having
 plural wives. A warrant was denied
 in the first case and Roberts secured an acouittal by appealing his own case after conviction. Many instances of
 Mormon officials refusing to recognize informations charging polygamy were
 reported to the committee by the wit
 ness.
 The information in the case against
 President Smith was sworn during the
 past summer and was based on admis-
 sions of polysamous cohabitation made
 before the Senate committee sincei the
 opening of the Shoot investigation A -x- nk@ AnrtfrnA tn prosecute, said the witness. Mir. Owen said that this past summer he learned of challenge made by w.. E. Borah at one time retained by Senator Shoot as counsel, that if any sworn fnforma- tion were filed with him, charging
 Idaho Mermons with being polysamists h. would prosecute to conviction. The
 witness said he filed sworn informal tions in twenty cases, including the
 name of Budso,, Parkinson and other prominent Idaho Mormons.
 Borah Didnt Prosecute.
 'Did Mir. Borahs prosecute these per-
 sons?" asked MT, Taylor.
 "No. sir. He stated in a speech at
 Lewiston few days later that he had received some alleged information, Aut
 he did not know MT. Charles Mostyn owen. and that he was not hunting the snipe in the valley; that he was hunt
 ing the tiger in the jungle. MT. Fred T. Dubofs- The witness said he was approached when the Lorenzo Snow case was in- stituted before Judge Bartch. mem
 Der of the Supreme bench of Utah, and
 urged to withdraw the prosecution on the ground that 1t was ili-advised.
 President Snow being a very old man and one whose prosecution would a rnuga oraaf dizturha
 MT. 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 of the applica- tior for amnesty. his violations, of the law. were particularly offensive. Mir. Owen said he told Judge .Bartch he did not csyft tc prosecute the poor. who mad no money Go make defence and
 that he was after the leaders of the church.
 On cross- examination by Mr. Worth l ington, MT. owen admitted that the informations he filed in Idaho were all cases where he had been informed by | attorneys that the law was ineffective and the defendants could not be reach | ed MT. Owen said that he makes his reports to pr. Fallen. ono Of the pro | testants, and to no other person or or | ganization. He had been employed by the Senate Committee, he said. The | witness was cross-examined as to the religion of the various judges who have passed on prosecutions of Mor-
 mons and of county Attorneys who had | refused to prosecute. A majority were | said to be Mormons, or Jack Mormons | The witness admitted that he had stood or pictures of the endowment garments published recently by a local paper. Mir. Taylor, representing the protes- tants, said he had concluded his case | except to put in documentary evidence, | He asked the right, however. to call | other witnesses who thus far have not been found, although search has been made for them. MT. Worthington pro- l tested against going ahead with his | case until he is assured that the prose. 1 cution had concluded. Chairman Bur | rows said that witnesses. such as apos | ties Grant and Merrill, would be heard | if found later, but beyond instances of l that character. he understood that the | case of the protestants Is ended. Messrs
 Taylor and worthington announce l that while the sudden close and the unfinished condition of the protestants | case is embarrassing to him, he would 1 furnish soon to the chairman a list of | names of persons he desires to have subpoanaed as witnesses for the de- | fence. Objected to Books.
 The protest against Senator Shoot | and his denial of the charges we're call 1 ed to the attention of the committee | by Mir. Taylor, who said he would en- deavor to prove the correctnee of the charges alleged by recognized Mormon | works. Objection was made by ooun- l sel for MT. Shoot to a book published by Farley Pratt on the ground that It | has not teen shown that |. Is one of the accepted doctrines of the church. Chairman Burrows suggested that the counsel agree as to what should be &C., cepted. but MT. Taylor said 1t would | be impossible for them to get togeth- CT. Chairman Burrows decided that Mir.
 Taylor should prepare a statement of what he intended to ooer and the committee would then decide what to accept. Counsel for opposing sides en- gagged in a heated controversy over
 certain alleged works of the church.
 the stand and admitted himself to be familiar with church work.
 Mir. Penrose said Farley Pratt was one of the most eminent writers on theology of tho church. Pratt's works are not owned by the church, but by the heirs of Pratt Several other works were held by Mir. Penrose not to have heen works of authority. but merely
 books of reference. MT. Taylor passed
 from one Mormon book to another aI-
 through the list that have been used in
 the case. and most of them. Mir. Pen rose said. were recognized reference
 hooks. although the various books, he
 said. contained many matters which are to diap1fA