The Birmingham age-herald., 1904-03-08
Mrs, Clara Mabel Kennedy, a Plural Wife, Was Mar
 ried Since 109O
PRESIDENT OF MORMONS
 FINISHES HIS TESTIMONY
Days Proceedings Are Considered lna- portant In Investigation as Show ing the Numerous Viola
 tions of the Law.

Washington, March 7.-After having Jo- seph Smith, president of the Mormon church, on the stand for nearly five hours today before the senate committee on privileges and elections, which is investi- gatng the right of Reed Shoot to sit as a senator, both the prosecution and the defense announced that they were through with him, and aonther witness was called
 This was Mrs. Clara Mabel Kennedy, who told some secrets of the Mormon church, which, If not broken, will prove as important as the statements of President Smith that he and other officials have been consistently cohabitating with plural wives in violation of the law.
 Mrs Kennedy said she was married by Brigham Young, apostle of the church. to James Francis Johnson, a polygamist, since the manifesto of 1S9O' and that she has had two children by that husband The marriage was performed in Mexico, according to the witness at the nome or a high official of the church.
 Causes Record Produced.
 with President Smith again on the stand for the defense senator Dubois put into the record the census figures for Utah. taken in 1S9O, to show that instead of only or per cent in polygamy as MT. Smith has salo' m reality there were about 23A per cent or the Mormon population of polygamous age who were living in a state of polygamy h, 1900 Senator Dubois gave 1t as his oninion that there had been no material reduction in the number of polysamists since 1890.
 Nr Worthington conducted an exam nation of Nfr. Smith to ascertain the process undergone in cases Of excon- munication. The witness explained the manner in which the church is divided into divisions of wards and states and the machinery of the organization thorughout which charges against any nerson have to be brought and passed unon. He said the apostles have nothing to do with the judicial affairs or the church. They preach the gospel and send missionaries to other fields The presl- dent the apostles and high councillors forming what is known as ''the htteen' meet once a week for prayer and consul tation on matters generally relating to the church.
 Futile Effort Was Made.
 A futile effort by President Brigham Young in 1875 to have Bisop Jacob w. Weller removed from the leadership of ward was related by MT. Smith to show that the presidency does not exercise power over the wishes of the people, and that the members of the church. by the freedom of their vote in reality from the power of government. Several other like instances were related for the same gen eral purpose
 MT. Worthington read the revelation by Joseph Smith, Jr.. January 19, 1S41, nomi- hating Brigham Young as president and all of the members of the high counsel and apostles In this revelation was a command to accept the nominations or to reject in general conference. MT. Smith declared that even in the original reve- lation naming a successor to the hrst president 1t was in the power of the mem bers to accept reject. MT. Smith, In reply to an inquiry said Reid Shoot be- came an apostle April g. 1900.
 Right here let me ask you when your last child was born" asked MT. Worth ington.
 T don't know whether that has any bearing on the case" said MT. Smith, 'but I believe 1t was on the day MT. Shoot became apostle"
 "Then there has been none sinceY' ask ed MT. Worthington.
 "No, sir"
 "Then so far as you and MT. Shoot are concerned, you were in harmony" re- marked Mir. Burrows.
 Question Was Not Discussed.
 MT. Worthington inquired whether at any of the joint meetings of the first pres idency and the apostles, the question of polygamous cohabitation had been dis cussed
 Mir. Smith said it had not. He declared that when MT. Shoot became 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, MT. Smith said Senator Shoot had never advised for or against continuance of polygamous combination.
 In relation to convictions. MT. Smith said that there have been none since the manifesto of 1s9O that all convictions un- der the Edmunds law were while Utah was a territory. Senator Dubois referred to Mir. Worthlngton as counsel for MT. Smith.
 "I protest" said MT. Warrington. "I am not the attorney for the witness. If 1 was the examination would have been far different"
 list of the first judges elected since Utah was a state showed that the former territorial judges were chosen without ex- ception 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 2 D. m.
 Afternoon Session.
 At the beginning of the afternoon ses- sion, MT. Smith stated that according to. his best understanding President Wood
 and Snow conformed to the formers
 festo. and obeyed the law He said
 of six apostles appointed since the
 ifesto of President Woodruff, only
 c. W. Conley ls a polygamist. In
 lrd to Jams M Tanner president of
 faculty of the Utah Agricultural coi-
 l. Mir. Smith said that 1t was under
 d that he had more than one wife"
 declared that so far as he knew. no
 in the church had been appointed an