The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1904-01-19
CASE BEGINS
First Hearing Before
Senate Committee in
SmOOt Case
TO BE THOROUGH
attorneys Were Present for Those
Who Protest Against Mr. Smoot
n einS Allowed TO Take His Seat
=, the Senate and Also in Behalf
ur. Smoot-Each Side Made its
utatons Of the Facts That IL
pn. Endeavor to Prove.

Senata cou, lttee on privileges an
a,act,o,s nat today for the purpo.
or baar;ne tho representations of til
.ttornavs ON both sides of III
case invo,-.zi,,~ the right of Ser
ator Smoot. of 81 ~ occupy n
seat Former PAN, esentative Taylo
Of Ohio, appeared 'onie Oh IN
protestants and T.. r phehsoh 10
those who are reprea eh'eo py IN
National Reform Associ aloh. A :
Worthington, and Wal, 'ehiar val
Cott were present on. beh. LII OF Sen
ator Smoot, who was also III attend
ance.
The first presentation was naoe bJ
Mr.. Taylor, who began his sta temeni
by saying that he did not knoN that
any proof would be presente IN
support Of the charge that Mr..
Smoot was a polygamist. Mr.. Tay lor
said the protestants expected to pro We
the following charges:
That the Mormon priesthood as
sumeS and exercises supreme author
ity in all things temporal and spirit
ual. civil and POLITICAL; that they
promulgate the doctrine of polygamy
without reservations; that the presi-
dent of the Mormon church and a
majority Of the twelve apostles now
practice polygamy and 6olygamous
cohabitation and some of them have
taken polygamons wives since the
manifesto of 1890, plural marriage
ceremonies have been performed by
apostles since the manifesto of 1890
and many bishops and other high Of
ficials of the church have taken
plural wives since that time.
Mr.. Worthington- in reply lald
down the general proposition that
the Senate was without jurisdiction
Of offenses which may ihave been
committed before member became
a Senator unless committed in con-
nection with his election.
DO you mean,"' asked Senator
Pettus, a member of the committee,
that this body ia not permitted To
inquire as to any moral quality of
one of its members with view to.
his expulsion; that no matter what
he did or said before his election,
the election purified him.
Mr.. Worthington replied that such
was his meaning. In MrepIy to u
question from Senator Hopkins as to
what would be the effect Of the Of
fense should it be Of ii continuing
character, Mr.. WorthinEtor admitted
that the Senate would; have jurisdio-
ton.
Senator McComas asked whether
| there was any one present who ap-
peared for the person who charges
| Mr.. Smoot with being a polygamist
No one answered and Mr.. Worth
ington said that il any one did ap-
pear to support that charge, 1t must
! be borne in mind that Mr.. Smoot
has positively denied IT.
Mr.. Worthington referred to the
/ charge that Mr.. Smoot took an oath
| to support the church in connection
with his election in 1900 as an apos-
| tie of the Mormon church. The oath
| taken by Mr.. Smoot as Senator had
| been declared, he said, Incompatible
with the former oath. and" con-
tinued Mr.. Worthington, IF any one
has proof that this oath Of allegiance
to the United States was taken with
mental reservation let II be pro-
| duced" If that charge would be
| supported, said he, ii would convict
Mr.. Smoot of acting a lie.
| Mr.. Van Cott made a statement in
Senator Smoot's behalf. He invited
| the fullest inquiry into Senator
| Shoots life. I'VE throw down the
bars" he said, "and invite you to
investigate his entire career"
| H., he went on, you ind tnat
he has ever been guilty Of any Of
fense against the law, his counsel
will throw UP the case and walk out
We also throw down the bars TO Mr..
Smoot's moral character. He denied
| that Senator Smnnt had ever taken
| an oath which was inconsistent with
good citizenship. Mr.. Van Cott de-
| MED emphatAcaliy that fr. Smoot
had ever encouraged polygamou.
cohabitation or any other crime. He
contended that II the committee
| should decide TO make its intention
general with reference to the MEM
bers ot the Mormon church II should
tconfine Itself TO poiygany and not
ito polygamous cohabltation, for one
reason that II had been impossible
as he believed, to entirely stamp on.
such cohabitation on the part OF per-
sons who here entered into polygam-
Gus marriages before President
Wcodruff's manifesto of 1890.
Senator Burrows. chairman OF tbs
committee. asked Mr.. Van Cott spe-
cifically concerning the charge tha
the first presidency and twelve apos
ties of the Mormon church were TO.
day living in the practice of poly
gamy.
Mr.. Van Colt said he understood