The Birmingham age-herald., 1904-03-09
Francis M Lyman Does Some Plain Talking Before InVes-
 tIgating Committee
SAYS HE WAS BORN AND
 RAISED A POLYGAMIST
Admits His Present Life Is Violation of Laws of His Country, His Church and His
 God.

Washington, March S.-The senate com mittee on privileges and elections today in the investigation of the protests against Senator Shoot of Utah. brought out a variety of testimony. of which the most sensational was that given by Francis M Lyman, president of the twelve apos- ties of the Mormon cshurch and the man chosen to be the successor of President Smith.
 His admissions were similar to those previously made by MT. Smith pertaining to the church government. He is more free of speech than the president of the church, and his testimony though not materially differing, caused several of the apostles zpresent to shake their heads at the witness for the purpose of com polling more discretion on answering ques- tions.
 MT. Lyman is angularly built, his face is covered with a growth of bushy red whiskers, and his speech is blunt. Four witnesses were on the stand today. They were Mrs Kennedy, her mother, Mrs.
  Apostle Merrill, and MT. Lyman.
 Mrs. Kennedy on the Stand.
 Mir Worthington for the defense con tinued ss-examination of Mrs Ken nedy and inquired as to the reasons Tor her marriage being consummated at Jur- adz, Mex, instead of the Mormon settle ment in Diaz, where she lived. She said she knew of no reason and had no in- formation regarding an attempt to have the ceremony performed elsewhere.
 She said she did not tell anyone that the man to whom she was to be married adNanother wife, and, so far as she knew those performing the ceremony did not know the marriage was to be plural one.
 He Had Refused.
 Later MT, Worthington asked Mrs. Ken nedy if sht did not know that application had been made to Apostle Teasdell and ne had refused to conduct or to authorize the plural marriage What did he say?" asked MT. Worth ington. :. He said 1t could not be done, as all that had been done away with" said Mrs Kennedy.
 MT. Worthington called attention to the inconsistency of the statement and he asked why she had said she did not Know A request had been made to another 10 perform the ceremony.
 'I don't know how I happened to say that" answered the witness.
 Continuing she said with some emotion Tt was not pleasant for me to think about those things. and l tried to put them aside. I tried to forget all could about it." In response to further questions from MT. Tayler the witness said her mother told her of the request to Apostle Teas dale and that she had no other knowi- edge of the attempt to get him to per form the ceremony.
 Merrill Takes Stand.
 Charles F. Merrill son of Apostle Merrill, was then called to the stand. He said he was the son of his fathers third plural wife, and is himself polygamist. In answer to questions concerning his own marriage, MT. Merrill said he was married first in 1887 to a wife that died in 1889, and that he married his legal wife. Chloe Hendricks, in 1891, and had five children by her. He married another wife In 1888. the ceremony being performed in Logan temple by M. c. Edwardson. He has had four children by this wife. the eldest of which is years and the young est 2I2 years old. Their mothers maiden name was Anna B. Stoddaro
 "The marriage to my legal wife in 189l |" said MT. Merrill, was solemnized by my father
 Were you living with Anna B. Stod- dard when you married the woman you call your legal wife?'
 q was, although she had no house. She stayed at the home of her father and her mother and lived with my mother" answered the witness.
 Has Two Wives.
 Tn answer to questions from Chairman Burrows, MT. Merrill said he now has two wives and Is cohabitating with both Senator Foraker asked: 'Is not the woman you married in 1888 your lega wife?"
 NO, sir"
 MT. Merrill explained that when he married in 1888 he had wife living and he understood that under the laws the marriage was not legal. and therefore his marriage in 1891 after the death of his first wife in 1889 made his las. iusr- riage a legal one.
 Senator Overman asked for a descrip- ton of the marriage ceremony h. 1888, and witness declared he could not re- member how 1t was performed, except that he went to the temple in Logan and it was performed there.
 No Marriage Certificate.
 Tn response to question by Senator Dubois. MT. Merrill said there was no marriage certificate issued, no record or any documents of any kind so far as he knew. He said there was no music, no prayers and no questions that he could remember.
 There was nothing but the marriage ceremony" he said with emphasis
 But tell us that" several members or the committee requested
 T cannot repeat 1t" said witness.
 "Do you mean to say that you do not know the ordinary marriage ceremony In your church," asked Senator Hoar, se- verely.
 "Yes, know that" answered witness. "As well as what was said?" he was asked.
 Witness said yes" He was told to give the substance of 1t. He said he and his wife stood up and joined hands. "They made you promise something did
 not?" inquired Senator Hoar.
 s. sir
 1t you have forgotten what it was,
 senator remarked with a laugh.
 Had Not Forgotten.
 ,h. no, I have not forgotten" said
 Merrill. He then said he had prom