The Birmingham age-herald., 1904-03-13
JUDGE HILES ADDS
 IMPORTANT FACTS
Claims to Have Prosecuted
 Many Mormons
IMPOSED HEAVY FINES
Says Shoot Could Never Have Been Elected to the Senate Unless He
 Had Been Mormon
 Apostle.

Washington, March 12.-That Reed Shoot could not have been elected to the United States senate without having been first chosen as an apostle of the Norman church, and that unless he was so chosen he could have been defeated. was assert ed by Judge Ogden lilies. assistant Uni ted States district attorney from 1886 to 1890, and later judge of the district of Utah, who was witness today in the Shoot case He claimed to have procured more indictments and conducted more prosecutions against Mormons on charges of polygamous cohabitations than any other official who has served in Utah.
 He told an interesting story of the prosecutions and said the first cessation in the fragrant practice or polygamous CO., habitation came after the passage of the Edmund Tucker act, making adultery a crime, and prescribing heavy penalties for violations. 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.
 Brought Change of View.
 The heavy fines for subsequent prosecu- tions for adultery he said, brought change of view. Many of those prosecuted were poor and unable to pay the fines, and then they accepted the offer of the courts to waive punishment if promise was given not to continue to violate the laws. An interesting feature of Judge lilies testimony was his declaration that former United States Senator Rawlins was still Mormon, even though he stood against the church on the matter of in- terference in politics. Attorney Vancott took the witness to task for the state ment, and the colloquy enlivened the close of the days hearing.
 Chairman Burrows adjourned the ses- sion today subject to call.
 It Is expected there will be a number of witnesses here within a week or ten days. Among those wanted are Apostle Merrill and Teasdale, and John Henry Smith, whose alleged plural marriages already have been recounted by wit nesses.
 Judge lilies Testlfles.
 Judge ogden lilies of Salt Lake. as- sistant United States district attorney in Utah from 1886 to 1889. in prefacing his testimony said he had drawn more in- dictments and prosecuted more cases of unlawful cohabitation under the Ed munds-Tucker act, than any other off, cial in Utah. For the, first two years, he said the people refuse to obey the laws despite the fact that opportunity was given offenders to escape punishment If they would promise not to violate the laws In regard to cohabitation.
 "rThe people," said the witness, "said they must obey the law of God rather than the law of man. They seemed to think It an act of apostacy to go counter to the church rules, even In obeying the laws of the land. The cases were pressed hard and then the people promised to obey the law, for they were poor; could not pay the fines, and consequently 1t became generally reported that the prac- tice of polygamous cohabitation was breaking up"
 The witness covered much Of the ground gone over in the testimony of Mr crichtlow, but In regard to the ces- satIon of prosecutions until after the manifesto of 1890 he added many inter esting details He said there was dis- positIon not to prosecute cases when the law generally was observed, but after inc manifesto, 1t was seen the Mormons had returned to their old practices He said this was evident from the new s'crops of children from polygamous families. which continued to spring.
 Testimony Concerning Smoot. Tn inc cross-examination, MT. Vancott brought out a great deal of testimony re- parding church influence for the election of Reed Shoot for the senate, and Judge lilies stated positively;
 "Mr. Shoot could not have been elect ed to the United States senate IT nis candidacy had not been approved by the Mormon church.
 DO you mean that If MT Smoot nau been a lay member of the cnurch' that he would not have been elected or that If be had been an apostle and had not had the endorsement Of his quorum nc could not have been electedY
 .NSr smoot could not have been elect aa without being an apostle, and with ont inc consent of the church"
 "yvhen 1t was announced first that he l ,v.s o candidate, he was not an apostle" remarked Mir Vancott.
 "Oh well. his candidacy was not taken seriously then. but when his candidacy was announced after 1t was known that be was to be an apostle. 1t was certain he would be elected.
 "Will you tell us why you say he could not have been elected when his candidacy was f,rst announced? Was 1t because he had no standing In the party?' asked Senator Hopkins.
 .,TJe had no standing that would en- l t,tla him to such a promotion and he was not seriously thought of" answer ed the witness.
 Unless He Be an Apostle.
 "what you mean to say, take It then' is that a Mormon may not get the con sent of the church to come to the sem