The Indianapolis journal., 1904-03-13
Without Support OF the Church He
Could Not Have Been Chosen
by Legislature.
TESTIMONY or A JUDGE
Who Made Record in Prosecut-
ing Polygamous Mormons Of
Utah in the Eighties.
RAWLINS STILL MORMON
Former Senator a Member of the
Church OF Latter-Day Saints
Hearing Adjourned.


United States Senate without having frat
been chosen apostle OF the Mormon
Church and that after ne was so chosen
he could not have been defeated. was as
serted by Judge Ogden Hiles, assistant
United States attorney from 1856 TO 1880
and later a judge of the District Court of
Utah. who was a witness to-day in the
SmOot case before the committee on priv
ieges and elections He claimed TO have
procured more indictments and conducted
more prosecutions against MOrmons on
charges of poIygamous conduct than any
other officer that had served in Utah. lie
told interesting story OF the prosecu-
tions and said the first cessation In the
more fragrant practice of polygamy came
after the passage of the Edmunds-Tucker
act making adultery a crime and prescrlD-
ing heavy penalties for violations Up TO
that time the people went TO jail, or paid
fines, declaring il preferable TO obey the
laws of God rather than the laws OF man.
The heavy fines for subsequent pTosecu-
tiOns for adultry, he said, brought change
of view. Many of those prosecuted were
poor and unable to pay the fines and then
accepted the offer of the courts to waive
punishment il promise given not to
continue to violate the laws.
An interesting feature of Judges Hiles's
testimony was his declaration that former
United States Senator Rawlins was still
a Mormon. even though he stood out
against the church on the matter of inter-
ference in politics. Attorney Vancott took
the witness to task for the statement and
the colloquy enlivened the close of the
days hearing.
When Mr.. Critchlow resumed the stand
this morning his cross-examinauon was
continued by Waldemar Vancott. one of
the attorneys for the defense. Sentiment
against Mr.. Smoot was the subject of in
quiry by Mr. Vancott, who asked specif-
ically If "A wave of antagOnism to the Nor
mon senator was not created by the Leilich
charges that Mr.. Smoot was polygamist-
Mr. Critchlow thought that had not been
the effect though there had been much sur
prise that this was made i'm face of the
| statement of the general protest that Mr..
Sfpoot was not charged with polygamy. The
cross examination was confined almost en-
tirely TO bringing out Mr. Gritchlow " = views
on the acts of others and the thoughts OF
others. After this procedure had continued
for nearly an hour Senator McComas OBJ
Jected and called attention to the fact that
the character of the testimony could not
influence the committee in any matter.
SHOOTS CANDIDACY.
Mr. vancott then addressed the witness
directly in regard 20 the candidacy of Reed
srnoot and drew from Mr.. Critchlow the
fact that Mr.. Smoot had announced himself
as a candidate for the Senate before 1902.
Didn't ne announce himself as early
1895 and receive votes in the Legislature?'
II believe he did He received votes and
so did 1. The minority only had three
votes and they were passed a.ound
compliment"
Mr. CrftchIovs attention was called to the
nominations for members of the Legislature
and the fact that he participated in the
convention and had moved 10 make certain
nominations unanimous
81 did move 10 make them unanimous"
said the witness. I'VE that is, our candi-
dates. were defeated and / made the motion
as matter OF courtesy.
Didn't you know that 1t meant Reed
sm9ot moot for or senator?
"Did you go on the stump that fall In
support of the Republican ticket?"
Mr. Critchlow. when his attention was
called TO the fact, said he believed he had
made speech at Springville.
The witness was questioned In regard to
for senator. and said that so far as ne was
concerned he nad no objection to Smoot
personally, but opposed him on the ground
that he was a general authority of the
church. He admitted that at the time he
had moved TO make unanimous the nomi-
nations OF certain persons for members of
the Legislature that IL was generally known
that Mr.. Smoot was TO be made apostle.
INFLUENCE OF THE CHURCH.
To ascertain the difference between the
influence exercised by the Mormon Church
over lay members and general authorities
was the object of inquiry by Senators Hop
kins and McComas, and the answers OF
the witness indicated that the machinery
of the church adjusted that either
might be compelled to obey the behests of
the church, and that the wishes of the
high authorities might be enforced by the
reserve force in politics which the church
is said to maintain.
In the examination concerning the
Thatcher episode IL was brought out that
10 polygamy as was Brigham III. Roberts
when he was elect TO Congress, and that
Mr. Cannon made his campaign for the
Senate against the wishes OF the church
Just as did Thatcher. III was brought out
that .n 1895 Mr.. Roberts refused TO sign the
church rule in regard TO politics. the same
as Thatcher had refused To subscribe to
church dictates. This was i'm Robertss first
campaign. but Mr.. Critchlow could not say
whether Mr.. Roberts recanted before or
did he recant at aIl?" asked Senator
Overman.
"oh. yes. There is no question about
The witness was asked to explain the
change OF mind, and said: 1T is under
stood-in fact. IL has been published in the
official church paper-that authorities Of
the church lahored and prayed with Mr.
Roberts for six weeks. and then. he an
nounced that he had received a vision of
hts dead ancestors being lost TO perdition
because he was out of harmony with his
church and could not go into the temple
and be baptized and thus save their souls
as well
Instances were asked in which the church
interfered in business matters in the last
five years and Mr. CritchOw mentioned the
location OF union depot in Salt Lake
the incident at Brigham city, in which the
church - said 10 have opposed a certain
amusement hall. case before the high
council OF the church in which the parties
were Jensen -. Dietrich Land and Live
Stock Company and certain litigation be-
tween salt Lake and the West Jordan
canal Mr. Crttchlows information on the
aaf rIfac ind traf Ia Ia 4
give no competent testimony the sub
ject.
DICTATED LEGISLATION.
The witness was asked concerning a
statement in former testimony that a
Mormon committee dictated legislation in
the fr>t session OF the Legislature lie
named as this committee g. W Penrose,
w w Rite. James Sharp. William II.
King. +. S. Richards and James NJ. Tan
ner Ar. Richards was in attendance at
CONTINUED on PAGE 2. COL 81