The Savannah morning news. (Savannah, Ga.) 1900-current, 1904-12-21
NINE WIVES TO
ONE APOSTLE
AND FoRTY-FIVE CHILDREN
WE'RE CHARGED TO HIS ACCOUNT
INsrHE ENCYCLOPEDIA.

tn Apostle Notwithstanding
Attorney Announced That He
Rested Their Case-On Jan. 10
smoot's side VIII Be Heard.
washington. Dec. 2O.-The Senator
Reed Smoot investigation to-day
reached that period where counsel for
the protestants have concluded the ex-
animation of all persons that could be
reached by the subpoenas issued by the
Senate committee. Attorney Tayler
announced that he was ready to rest
his case, except for the Introduction of
documentary evidence and possibly to
examine later some persons on whom it
has been impossible to get service. The
case of the respondent will be opened
Jan. 10, to which date the hearings
have been adjourned.
Just before adjournment of the COM
mittee opposing counsel engaged in
controversy over the admissibility of
certain reference works as evidence of
the doctrines of the Mormon faith. No
agreement could be reached and after
heated arguments Mr.. Tayler recalled
APOSTLE Penrose to identify certain ref
erence books. In a number of in
stances Mr.. Penrose denied that the
works had been accepted by the
church as authoritative publications,
and that many of the matters con-
tanned in the documents were sub
iect to dispute. Chairman Burrows
ruled that the utterances of leaders
of the church may be offered as tend
ing to prove doctrines of the church
organization.
Had Gathered Evidence.
The principal witness on the stand
was Charles NJ. Owen. who has been
employed in gathering data to be used
against the Mormon church in the
Smoot inquiry. He testified in regard
to the bringing of actions against
prominent church officials and as to
the attitude of the courts and the
prosecuting attorneys in such cases.
He declared that such prosecutions
are unavailing, as when convictions
were obtained small fines were i'm
posed and in most cases these were
paid by popular subscription.
Apostle John Henry Smith said he
had no knowledge of any apostle who
has not taken the endowments, nor
ndd ne any positive nLOrmdtlOn 10 the
contrary.
B. B. Hayward United States mar
shall for Utah, who received subpoenas
from the sergeant-at-arms of the Sen
ate for witnesses wanted by the COM
mittee, was sworn and testified that
he had subpoenas for fourteen or more
persons that he had not been able to
find Mr.. Haywood testified that prac-
tically no effort had been made to put
stop to polygamous marriages.
Fines Only Nominal.
Five persons in Sewer county and
one in Box Elder stake We're convict
ed through the instrumentality of Mr..
Owen and many other complaints
were filed by him, according to his
testimony. The fines in all cases We're
merely nominal, said Mr.. Owen, from
SIS to $3.50
Mr.. owen said cases We're instituted
against the late Lorenzo Snow, pres
ident of the Mormon Church; Joseph
F. Smith, now president of the
church, and Brigham H. Roberts, who
was elected a member of Congress,
but denied his seat on account of his
having plural wives. A warrant was
denied in the first case and Roberts
secured an acquittal by appealing his
case after conviction.
Many instances of Mormon officials
charging polygamy were reported to
the committee by the witness. The in
formation in the case against Presi-
dent Smith was sworn out during the
past summer and was based on adj
missions of polygamous cohabitations
made before the Senate Committee
since the opening of the Smoot inves-
tigation. A Gentle county attorney
declined to prosecute, said the witness.
BOrah Wouldn't Prosecute.
Mr. Owen said that this past summer
he learned of a challenge made by w.
E. Borah, at one time retained by
Senator Smoot as counsel, that if any
sworn informations were filed with
him charging Idaho Mormons with be-
ing polygamists, he would prosecute to
conviction. The witness said he filed
sworn informations in twenty cases,
including the names of Bulge, Park
inson and other prominent Idaho Nor
mons. He said he informed Mr.. Borah
that he could furnish the names of 100
more polygamists living in Idaho.
Did Mr.. Borah prosecute these per-
sons?" asked Mr.. Tayler.
No, sir"
Mr.. Owen admitted on cross-exami-
nation that in these cases he had been
Informed by attorneys that the law
was ineffective and the persons could
not be reached.
Rested the Prosecution.
At the conclusion of the cross-ex-
animation of Owen, Mr. Tayler, repre-
senting the protestants, said he had
concluded his case, except to put i'm
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
At the request of Attorney Worthing-
ton for Mr. Smoot, the committee was
adjourned to Jan. 10. 1905, when the
respondents side of the case will be-
gin.
Hiding Out in Canada.
Charles M. Owen said that Apostle
Taylor is reputed to have taken two
wives within three years Taylor now
mas i've wives, said the witness
Iaylor?" asked Mr.. Burrows.
understand they are In hiding I'm
canada" said the witness. He said
Apostle Merrill has nine wives, two
taken since the manifesto. Consulting
the church encyclopedia the witness
said Apostle Merrill has forty-hve
children and 1877 grandchildren.
Attorney Tayler then brought out
great many names of persons reputed
TO be living IN polygamy, together with
oates OF marriages and the number Of
children born OF these plural marriages
since the manifesto.
Witness owen testified TO swearing
OUT an Information for Apostle Heber
grant because OF his holding out his