The Birmingham age-herald., 1904-12-18
MORNONS FRANK
 IN FASTENING Had No Computations About
 Violating ths Amnesty DO NOT 0ISCRININATE William 5udee Says He Has Three
 Wives And Does Not Favor
 One to Exclusion of Others.

Washington. December i.-More im- portant testimony was brought today in the trial f Senator Shoot than at any previous time. Witnesses were Charles Il. Jackson chairman Of the democratic committee in Idaho; John Nicholson, chief recorder ia the Mormon temple at Salt Lake City; Charles w. Penrose, editor of the Desert News; William Budge, presi- dent of the Bear Lake company. Idaho. and John Henry Smith of Salt Lake. MT. Penrose was elected an apostle last July, and the attorneys for Senator Shoot admitted the senator was present and !, participated in the appointment.
 The testimony of Mir Jackson and Mir | Budge related to political affairs in Idaho the former being prominent ant-Mor- monist, and the latter believing in pro- tecting thu interests of the church. The testimony of Apostle Smith had been com pleted when the committee adjourned un- til Monday
 Nicholson Is Wary.
 More than fifteen minutes was consumed by Mir. Taylor in futile effort to draw | the other book referred to- and some req son why il had not been brought in re- sponse to the subpoena issued by the sen l ete committee.
 Senator McComus then asked the wit ness and likewise was unsuccessful | You are the keeper of this other book, are you not2'' he asked. l Well, not the particular one
 But you know where 1t is2' the sem ator persisted.
 'I suppose 1 do" was the response.
 Then why did you not bring it?''
 Because | did not want to-.
 Are there records In the book you have here for the sealing of a man to plural wife when he already has a legal wife" asked Senator MeComus.
 No, sir said the witness and he added T am satisfied that there never has been such cases In the period cov- cred by this book
 Mir Nicholson finally told MT Taylor that he could not bring the records with out the consent of the President of the | church.
 After a half hour of more of search | ing investigation which all members of the committee participated in, MT. Nich- olson stated that the book of sealing could be identified by the name, seedlings | of persons not married in the temple. | MT. Taylor took charge of the exam nation again and bringing out the fact that the witness believes the records are still within the temple asked: If you were told by President Smith not to bring the books you would refuse to touch them. would you2' "Yes, sir."
 And if the sergeant-at-arms of the | senate should call you with a war rant and demand the books and arrest you and put you in jail. if you did not give them up, you would still refuse to give them up would you?' 1 "Yes, sir
 MT. Nicholson said that he was ] polygamist. having two wives, but when asked if any children had been born to him by his plural wife until 1890, he re- quested his questioner to wait d minute, adding: ''I have many l cannot re- | member"
 After the laughter subsided he said that he had fifteen children.
 MT. Nicholson was finally excused.
 Recess was taken until D. m.
 renrose is Frank
 At D. m Charles w. Ponrose. editor | of the Desert News, who was elected one of the twelve apostles of the Nor mon church last July, was sworn. He said he was polygamist with two plural wives living. He has children by his first plural wife but none born since the manifesto. When elected to an apostle- | ship, MT. Penrose said he was not pres ent, but was sent for by the first presi- dency and informed of his election. He said he could not say whether Reed Shoot was present or not.
 Did you receive special amnesty at the hands of President Cleveland in which one of the conditions were that you should hereafter renounce the laws regarding living in polygamy?" asked MT. Taylor.
 ..Yes. sir"
 "And have you lived up to that am- nesty?"
 "No sir"
 Chairman Burrows said he wanted to have It made clear whether or not Shoot was present at the conference that elected MT. Penrose an apostle
 Not receiving direct answer, Mir | Worthington, counsel for Senator Shoot said they would admit that MT. Shoot | had been present
 William Budge. of Paris. Idaho, testi- fled that he has three wives, and that | he has three children, born since the manifesto of 1890. All of his wives live in Paris and he testified that he does not live with one to the exclusion of the others. Of his children he testified that one son is judge of the district court | one son prosecuting attorney in Bear Lake. one son-in-law, H Smith Wooley | Is chief assayer of the mint at Boise l Paris. Of himself he admitted that he is the most prominent Norman in Idaho having served in the state senate and takes a leading part in church affairs.
 Dlsregarded the Amnesty. John Henry Smith of Salt Lake City. | testified that he became an apostle of the l church In 1888, and Is the second in rank. | He has two wives and fifteen living children, four having died. He could not say how many children of plural wives | had been born since the manifesto, but | thought four. He testified that he was one of the signers of the application for amnesty. Asked concerning his failure to | practice the agreement he thus made. | hs said:
 Nobody can take from me my family. | am responsible to them and to God | alone. and if my countrymen choose to | punish me I shall have to suffer the | consequences"
 The testimony of Apostle Smith In ref