The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1905-01-17

were some unlocked for change Of senti-
ment-
Judge McCarty.
William NJ. McCarty of Salt Lake
Judge OF the supreme court who had
served as assistant United States district
attorney and county attorney in Sewer
county end WAS known as vigorous
prosecutor of cases of polygamy. testified
that AFTER these prosecutions he was
erected a district Judge IN a Mormon
county. Judge McCarty said that he made
inquiry among young MOrmOns and
found the consensus of opinion to be in
+ vor of closing eyes in liberation of con-
FolTsamcuS conabitstiOn where the mar
riages were contracted before the mani
feSto. He said. however. that he did not
SSTee with President Smith that the PEG
PIE of Utah co2done the offenses of old
poiygamists- H added;
Il belieVc that he sentiment is decided
= against the practice Of poiy-ga my. even
IT cases where the marriages took place
before the manifesto. but the people do
not want 90 go on record as prosecutors
Why lie Stopped.
judge NIcCsrty was asked concerning
mis- prosecutions of polyga mists in the
tnltec states court n 1873. he said he
stopped bringing actions before the COM
nsissicrers because his superior officer
saut off his fees. He thought the United
states district attorney had received an
intmation from the department. of justice
TO ease IN" on the prosecutions. He
posed 10 cr1inlnafiors 1,ontI1TinF ne
said: And that was the cause of all the
trouble-this cOquetung with the Mormon
church Men in both parties sought TO
learn whether the territory would become
Republican or a Democratic state 7
won't say they sought out the church as
portugal organization. but sought the
politicians among the Morrons-"
Judge McCart-- testified that he ran
away ahead Of his ticket in 1896.
Son of a Mormon.
On cross examination Judge McCarty
sad ne was the son of a Mormon, but
no Oh n in nv
1873 and did ont go back until the mani
festo- When cases of unlawful cOha bita-
ton were brought before him. Judge Nc
Carly said. he imposed upon the defend
ants mild lessons in the form of fines.
Chairman Burrows asked judge Me-
Carly whether he thought the president
of the church. confeSsedly living in DO
IySamous relations, had a tendency TO
promote or discourage the practice among
the people.
To promote it. unquestionably. should
say. was the response
The witness thought if the president of
the church should put aside his plural
wives and declare against polygamous
practice except in a few instances.
Remonstrance From Utah.
Chairman Burrows offered a remon-
STRANGE of certain prominent citizens of
witnesses. including President Joseph +.
Smith OF the Mormon church. that the
polygamy. Attorney WOrthington in
heated argument to the committee pro-
tested against the introduction of
UnSWorn statement OF mat character. but
the chairman permitted the examination
or the witness Ia regard to it. Mr.. Tayler
dNolded referring to the remOnstrance,
bHt read the language and asked Judge
McCarty If * represented the state of
public nina in Utah Before permitting
al answer Mr. Worthington demanded q
ruling and questioned the right OF the
committee to bring in testimony of that
character without giving an opportunity
for cross-examinatiOn- He charged that
the remOnstrance had been held back un-
HAr-HH Nrra
opportunity for another.
Chairman Burrows told the witness to
peopie generally approved OF the c0nil-
ton. and said. 4 am surprised that
thCse remonstrators should express sur
prise at the conditions under which many
leaders or the church are living. | knew
that President Smith, Apostles John Hen
~ Smith. Lyman. COwiey and some 9TH
crs were living in polygamous relations
Tie was asked about thC statement of
Mr. Booth. who was = witness recently
before tho committee and who testified
that he was the neighbor of President
Smith and did not know he was continu-
McCarty replied that Mr.. Booths views
must have been very much cireum-
scribed.
Political Conditions
In answer to questions by Senator Du-
bOis, judge McCarty said that MOrmons
in Utah may unite TO exclude every Gen
tile from the state ticket and therefore
me Gentiles were apprehensive until they
knew whether fight was to be made
AGAINST him. but he said he thought TOO
much prominence was given to the
church are net taking the active part
IN politics that has been attributed 10
them he was OF the opinion that Mr.
Smoot had 10 get consent of the church
TO run for senator. End that when
high church officer ran for office il
was understood that he had o5taiuc-i the
consent Of his Superiors in the church
He said there was a tacit Understand
irc that ono senator should he \ .Mor-
q ~ To- Iar-
asked Judge McCarty if nc approved of
this agreement. and he said:
mo, | don't II recognize thc Nor
mon church as A factor in politics, and
believe that we should get the best met
on the ticket and that fitness Tor office
should be the only consideration
At the conclusion of the testimony OF
Judge McCartv Chairman Burrows stat
ed that the remonstrance objected 10
by Mr.. WOIthingtOn mad been introduced
in the senate last April and was a part
OF the public records.
Dr. f.. S. Condor of Ogden.
DR.. A. s. Condor of Ogden testified
that he was 4 member of the first aud
the last legislatures. The last Iegisla-
to the senate lie Joined the 1o sm ioot
forces after he saw his own candidate
had no chance for election but said
he had rot been approached by the Nor
mon church. DR.. Condor said that un-
III he came to Washington ne believed
poINgamy in Utah was dead. He said he
only knew. BY reputation. Of three po-
lygamists in his county.
Asked about the sentiment of the peo-
Dlc as to polygamy. the witness said
that 'cOndone" was not the right word.
He thought tolerate was better: that
Pclyganiy was dead.
on examination DIR. Gordon re-
seEted a number of questions asked by
Mr.. Tayler. and declined to answer uu-
til directed to do so by the cha irT,an.
He was examined closely concerning his
acQua irtance with 4 number or persons
reputed to be Dolysamists but beyond
three cases, the witness said, he had no
knowledge.
TIE committee adjourned until tomor-
row.