The Montgomery advertiser., 1904-03-13
Judge Ogden lilies Before
 Committee.
savs That Utali's New Senator Owes His Political Elevation to His High Standing in Church
 of Latter Day sa;nts.

-~-9----~s washington. March i2--That Reed Shoot could not have been elected tc the United States Senate without having teen first chosen ss an apostle to the Mormon Church, and that after he was 60 chosen he could not have been de- feAted, was assorted by Judge OglLn Hiles, Assistant United States Attorney from 1888 to 1890 and later a Judge of the district of Utah. who was wit ness today in the Smoot case.
 He claimed to have procured more fn- 6ictments and conducted more prosecu- tons against Mormons on charges Of poiygamous cohabitation than any other efiicial who has Served in Utah. He told an interesting story Of the prosecutions. and said the first cessation in the flag rant practice of polygamous cohabitation came after the apssage of the EdmuncE- came after the passage of the Edmunds- prescribing heavy penalties for viola tons.
 Had Change of Mind.
 Up to that time. the people went to jail or paid fines, declaring 1t preferable to obey the laws of God rather than the laws of man. The heavy fines tof subsequent prosecutions for adultery. he said. brought a change of view. MaAJ of those prosecuted were poor and un able to pay the fine. and then they ae- cepted tho offer of the courts to wal is punishment if promise was given not to continue to violate the laws. E
 An interesting feature of Judge Hiles's testimony was his declaration that fog- mer United States Senator Rawlins was still a Mormon, even though he stood against the church in the matter of il- terfcrence In politics.
 Attorney Van Cott took the witness to task for tho statement, and the colloquy enlivened the close of the days heartne
 Chairman Burrows adjourned the ses- sion today subject to call. It is expect ed thero will be a number of witness >s here within a week or ten days. Amons those wanted are Apostles Merrill a.ld TsasdaIe, and John Henry Smith, whose alleged plural marriages already inase been reconntcd by witnesses.
 Critchlow Resumes.
 Absence of a quorum caused delay until 12:30 in calling to. order the Senate Committee on Privileges and Elections, which is Investigating the protest against Senator Reed Smooth retaining his seat. E. B. Critchlow. formerly an assistant limited States attorney in Utah, afain took the stand. and his cross examina- tion was continued by Waldemar Van colt, one of the attorneys for the de- fense. Sentiment against MT. Smoot was the subject of inquiry by MT. Vancott, who asked specifically if a wave of aTl- tagonism to the Mormon Senator was not created by the Leilich charges that Mir. Shoot was a .polygamist. MT. Critchlow thought that had not been the effect; though there had been much surprise thaA this was made in te face of a state ment in te general protest that Mir. Shoot was not charged with polygamy. Little interest was taken in the eross-ex-' trxtN of he Committee remained in their seats for the greater part of the forenoon: 7 = The cross-examlnation was confined al- most entirely to bringing out MT. .Critch- lows views on the acts of others and the, thoughts of others. After this procedure had continued for nearly an hour Senator McComas objected and called attention to the fact that the character of the tes- timony could not influence the Committee in any manner.
 Shoot Announced in 1909.
 MT. Vancott then addressed the conn mittee directly in regard to the candidacy of Reed Smoot and drew from the wit ness the fact that MT. Shoot had an- nounced himself as a candidate for the Senate before 1902
 Didn't he announce himself as early as 1898 and receive votes in the legisla- turef"
 'T believe he did. He received votes, and so did l. The minority only had three votes, and they were passed around as a compliment
 Mr4 Critchlow's attention was called to the nomination for members of the legis- lature, and the fact that he participated in the convention, and had moved to make certain nominations unanimous. ''I did move to make them unanimous" said the witness. We, that Is our candi- dates, were defeated, and made the mo- ton as a matter of courtesy"
 ''Bidn't you know that it meant Reed Shoot for Senator?"
 "Yes, sir.''
 ''Did you go on the stump that fan in support of the Republican ticket?" Mir. Critchlow. when his attention was called to. the fact. said he bei1ievoS@eie had made a speech at Springville.
 Witness was questioned in regard to the sentiment for or against Reed Shoot sor Senator. and said that so far as he was concerned. he had no objection to Shoot personally. but opposed him on the ground that he was a general authority fin the church. He admitted that at the time he had moved to make unanimous the nominations of certain persons for members of the legislature that it was generally konwn that Mir. Shoot was to loo made an apostle.
 OuuIC0s
 To ascertain the difference between the influence exercised by the Mormon church over lay members and general au- horities was the object of inquiry by Sem ltors Hopkins and McComas and the an- wers of the witness indicated that the machinery of the church was so adjusted hat either might be compelled to obey he behests of the church, and that the wishes of the high authorities might be nforced by the reserve force" In politics which the church is said to maintain.
 Recess.
 Mir. CrItchlow resumed his testimony nder crossexamination when the conn littee convened at p. m. In the exam. nation concerning the Thatcher episode,
 was brought out that Thatcher was m he same status in 1895 as to polygamv as las Brigham H. Roberts. when he was lected to Congress and MT. Cannon made is campaign for the Senate against fhe ishes of the church just as did Thatcher.
 also was brought out in 1895 Mir. Rob- -ts refused to sign the church rule in egard to politics, the same as Thatcher ad refused to subscribe to his dictates. his was in Roberts's first campaign but r. Critchlow could not say whether Mr.
 oberts recanted before or after the cleo on. ''Did he recant at ang' asked Senator verman. ''oh. yes. There is no question about
 at" The witness was asked to explain the
 ange of mind and said:
 It is understood, in fact, 1t has been
 hIghod in tha oflcial ne vrsnane that