The Montgomery advertiser., 1905-01-17
MORMON AND GENTLE
A DIVISION OF THE RELATIONSHIPS
 OF UTAH.
Judge McCarty Says That the Church of Latter Day saints Dabbies
 Very Little in i Politics. [

Washington, Jan. 16.--Judge William NJ. McCarty of the Supreme Court of Utah, a witness called for the defense in the Shoot investigation. today de- clared that there was tacit under standing in Utah that one Senator should be a Mormon and one a Gentile. He said that Gentiles believed that if the Mormons should unite they could control and keep Gentiles off the ticket, and therefore Gentiles were ap- prehensive until they knew whether they were to get Mormon support. The Judge said 1t was his opinion that too much importance was attached to the church as a political factor and that as a matter of fact there was little interference.
 Judge James A. Minor of Salt Lake, formerly of the Supreme Court of Utah, was called in the Smoot investi- gation before the Senate Committee on Privileges and Elections. He testified as to Mir. Shoots good character and to his prominence politically in 1890, when Judge Minor went to Utah. Polygamy is dwindling so rapidly, said the witness, that he believed Utah would be better in ten years than any State in the Union. There is no more poiygamous or unlawful cohabitation In Utah than there is in New York or the District of Columbia" he added.
 Chairman Burrows questioned Judge Minor concerning the extent of poIyg- amy practiced among the heads of the church. He said it was not generally understood before this investigation that they were continuing the practice Of polygamous cohabitation, but the testimony given had thrown further light on the subject.
 Elias A. Smith of Salt Lake, a Mor- mon, and a member of the Peoples Party, tthe Mormon party) until it was dissolved ip 1891, was the next wit ness He denied that at the meeting held flor the dissolution of this party instructions were given by the church that certain persons should be Demo- crats, certain others Republicans, and others independent in politics.
 MT. Smith asserted that the Mormon Church does not control any business organization, although 1t does own stock in many concerns. He declared that Mormons are independent in poll tics, and that they resent the whisper ings that Mormon officials seek to in- fuence the Mormon's vote"
 Speaking of the Thatcher incident, Mir. Smith said that it was because of differences with his brother apostles over religious matters that the church objected to his candidacy for Senator.
 Since the manifesto, he said, many polygamists have ceased to cohabit with their plural wives. and that these women have not been ostracised.
 w. P. OMeara of Salt Lake City was called up to testify, but before his ex- animation was concluded, recess was taken.
 MT. oMeara a tthe afternoon session testified that stocks of Mormon com panies weer offered for sale and not cornered by the Mormons.
 Judge c. W. Morse of Salt Lake. judge of the district court, testified in regard to the work of a special grand jury in 1903, which investigated the question of polygamous relations. The jury was in session four weeks and many witnesses were examined in regard to the alleged new plural mar riages. The jury mssle unanimous report to the effect that there were no new cases found. certified copy of the report was offered in evidence.
 On cross examination, Judge Morse said the investigations made were into marriages alleged to have taken place since the manifesto in Salt Lake Coun- ty. There had been no prosecutions for the past three or four years, and he thought the officers disliked to bring prosecutions.
 Taking into consideration the mat ter or pubIlc sentiment, uo you tnink there will be a movement to put a stop to polygamous co-habitation?" asked Chairman Burrows.
 Judge Morse said he thought there would be no prosecutions unless there was some unlocked for change of sem timent.
 William NJ McCarty of Salt Lake. a judge of the Supreme Court who had served as assistant United States dis trict attorney and county attorney in Sevoir County and was known as vigorous prosecutor Of cases of poly gamy, testified that after these prose- z cutions he was elected district judge in Mormon counties. Judge McCarty said that he made inquiry concerning gentiles In Utah and among young Mormons and found the consensus of opinion to be in favor of toleration of the conditions and not prosecutig cas- es of polygamous co-habitation where the marriages were contracted before the manifesto. He said however. that he did not agree with President Smith that the people of Utah condone the offenses of the old polygamists. He added: 'I belive the sentiment is de- cidedly against the practice of poly