Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-01-17
TESTIMONY OF JUDGES
GENERAL SENTIMENT IN UTAH
REGARDING PoLYGAMY.
Dislike Of Officers to Prosecute - Al
legged Understanding as to the
Election Of Senators.

At the afternoon session of the Senate
committee investigating the charges against
Senator Smoot yesterday Judge Charles w.
Morse of Salt Lake, Judge of the district
court testified In regard to the work of
special grand jury In 1903 which investi-
gated the question Of polygamous relations
The jury was in session four weeks and
many witnesses examined in regard to the
alleged new plural marriages. The fury
made unanimous report to the effect that
there were no new cases found. A certified
copy of the report was offered In evidence
On cross-examination Judge Morse said
the Investigations were made into marriages
alleged to have taken place since the mani
festo in Salt Lake county. 1t was brough,
out that the statute of limitations in such
cases was four years in Utah.
In answer to Chairman Burrows, the wit
ness said there had been no prosecutions
for the past three four years. He said he
thought the officers disliked to bring prose-
cuttons.
Taking into consideration the matter Of
public sentiment, do you think there will be
a movement now to put a stop to polyga-
nous cohabitation?" asked the chairman.
Judge Morse said he thought there would
be no prosecutions unless there was some
unlooked-for change of sentiment.
Vigorously Prosecuted Polygamists.
Judge William M. McCarty of Salt Lake,
judge Of the supreme court, was sworn
He had served assistant United States
district attorney and county attorney In
Sewer county, and was known as a vigorous
prosecutor of cases of polygamy. He testi-
fled that after these prosecutions 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 closing eyes In
liberation of conditions and not prosecute
cases of polygamous cohabitation where the
marriages were contracted before the mani
festo. He said, however, that he did not
agree with President Smith that the people
Of Utah condone the offenses of old polyga-
mists He added: II believe that the senti-
ment is decidedly against the practice of
polygamy, even in cases where the mar
rlages took place before the manifesto. but
the people do not want to go on record as
prosecutors"
Why Prosecutions Ceased.
Judge McCarty was asked concerning his
prosecutions of polygamists in the United
States court in 1893. He said he stopped
bringing actions before the commissioners
because his superior officer shut off his fees.
He thought the United States district at
torney had received an intimation from the
Department of Justice to lease up on the
prosecutions. There were few prosecutions
after that, he said, aand he gave as the
reason that both political parties were OPP
posed to criminal actions. Continuing he
said:
"And that was the cause of all the trouble
this coquetting with the Mormon Church
men in both parties sought to learn
whether the territory would became re-
publican or a democratic state-I won't say
they sought out the church as political
organization. but sought the politicians
among the Mormons.'
Judge MYSNartv testified that he away
ahead of his ticket in 1895 and the issue
made was the position he had taken IN
prosecuting Mormons.
On ross-examination Judge McCarty said
he was the son of a Mormon, but that his
father left the church In 1872 or 1873, and
did not go back until the manifesto. When
cases of unlawful cohabitation were brought
before him, Judge McCarty said he imposed
on the defendants mild lessons in the form
Of fines.
President Smiths Example.
Chairman Burrows asked Judge McCarty
whether he thought the president of the
church, confessedly living in polygamous
relations, had a tendency to promote or
discourage the practice among the people.
ITO promote it, unquestionably, I should
say was the response
The witness thought if the president of
the church should put aside his plural
wives and declare against polygamous prac-
tees there would be end to the practice
except in few instances.
Chairman Burrows offered a remonstrance
of certain prominent citizens of Utah
against the testimony of certain witnesses,
including President Joseph F. Smith of the
Mormon Church. that the people Of Utah
condone the practice of polygamy.
Attorney Worthington, in a heated argu-
ment to the committee, protested against
the Introduction of an unsworn statement
of that character, but the chairman per-
mitted the examination Of the witness in
regard to it.
Mr.. Tayler avoided referring to the re-
monstrance, but read the language and
asked Judge McCarty If 1t represented the
state of the public mind in Utah.
Before permitting an answer Mr.. Worth
ington demanded a ruling and questioned
the right Of the committee to bring in testi-
mony of that character without giving
opportunity for cross-examination. He
charged that the remonStrance had been
held back until it was known that there
would be no opportunity for an answer
Chairman Burrows told the witness to an
swer the question, and he said that Presi-
dent Smith went too far when he said that
the people generally approved of the condi-
tons and, continued the witness. II am
surprised that these demonstrators should
express surprise at the conditions under
which many leaders of the church are liv-
ingI knew that President Smith, Apostles
John Henry Smith, Lyman. Cowley and
some others were living in polygamous re-
lations.'
He was asked about the statement of Mr.
Booth, who was i witness recently before
the committee, and who testified that he
was the neighbor Of President Smith, and
did not know he was continuing to cohabit
with his plural wives Judge McCarty re-
piled that Mr.. Booths views must have
been very much circumscribed.
Mormons in Politics.
In answer to questions by Senator Dubois,
Judge McCarty said that Mormons in
Utah may unite to exclude every Gentle
from the state ticket, and therefore the Cen
tiles were apprehensive until they knew
whether a fight was to be made against
them, but he said he thought too much
prominence was given to the church. and
that the Mormons as a church are not TAX
ing the active part in politics that has been
attributed to them. He was of the opin-
ion that Mr.. Smoot had to get consent of
the church to run for senator, and that
when a high church officer ran for Office
1t was understood that he had obtained the
consent of his superiOrs in the church. He
said there was tacit understanding that
one senator should be a Mormon and one
Gentle.
Mr.. Tayler asked Judge McCarty il he APP
proved OF this agreement, and he said: mo,
don't. 1t recognizes the Mormon Church
oc fartor in no1itfcS and hp1iax-o thar