The San Francisco call., 1905-01-14
new TESTIMONY
FAYORS SMOOT
Admitted, However, That He
Had Church's Permission
to Seek the SenatOrship
OPPOSED TO POLYGAMY
Gentle Witnesses Take Il
Hopeful View of Situation
and the Future in Utah

WASHINGTON, Jan. 13-Three wit
nesses for the defense in the Smoot
case to-day testified that polygamy was
dying out in Utah so rapidly that there
was no need of prosecutions. 1t was de-
clared that the younger Mormons are
all opposed to polygamy, and that II
they thought it was taught there would
be a revolution in the church. 1t was
admitted that Senator Smoot got the
consent of the church to become a can
didate for Senator, but only In the form
of a leave of absence from his church
duties, and 1t was declared that he
could have been nominated and elected
without it.
j. w. N. Whitecotton, an attorney OF
Provo, Utah, resumed his review of pe-
litical affairs in Utah when the hearing
opened to-day-in the -Smoot- inxestiga-
tion. The deduction he drew was that
the church did not try to prevent its
members from engaging in politics
without the consent of the church. but
that when certain members accepted
important church offices the church
had a right to prevent such members
from accepting other Offices which
would take their time. The witness
said Smoot had always been opposed
to polygamy.
NOT GHURCH'S CANDIDATE.
do, you think his apostleship assist
ed or hurt him in his canvass for the
Senatorship?' was asked.
i do rot know as to that. / know
there are great many Mormons who
opposed him because he was an official
of the church. and I suppose there are
a great many who did not take his po-
sition into consideration at all. Then
there may have been some who worked
for his election because he was an Of
ficial."
The witness said it never had been
understood that. Smoot was the candi-
date of the church, but that it was
necessary for him to have the consent
because of his church position or get
into trouble with the church.
AT the afternoon session Judge Tay-
ler, counsel for the protestants, cross
examined Whitecotton. The witness,
when asked if President Joseph Smith
had said if he observed the custom
which prevailed generally on the SUBJ
ject of marriage relations 'he would
be eternally damned" replied 1T would
not surprise him, because Smith was
thorough fanatic"
SYMPATHY WITH WOMEN.
H. e. Booth Of Salt Lake City, a
nom Mormon lawyer, who went to Utah
from Iowa in 1885 and has been active
in the politics Of Utah, asserted that
the Mormon church. as a church, did
not interfere in political affairs, but
that as individuals they took an in
terest in politics In the same way that
other citizens did.
|. Booth testified that the sympathy
was with the women who were mar
ried in polygamy, and that there was
disinclination to prosecute the polyg-
amists for that reason. He said he
thought polygamy would die out soon
Of itself and that it was better to per-
nit this rather than to prosecute hus-
bands and leave their plural wives as
outcasts. He said his observation was
that there had been no plural mar
riages with the sanction of the church
except perhaps the case of Abraham
Cannon. He asserted there would be
an immediate revolution in the church
If the president Of it should sanction
plural marriages.
AIDED BY GENTILES.
The witness said that Senator
Shoots candidates for the Legislature
would have been defeated If 1t had not
been for the gentiles. There was no
question that Smoot received church
consent to run for Senator, but
he believed Smoot would have been
nominated and elected had that con-
sent been refused. He thought if con-
ditions were allowed to go on as they
were now, in a few years nothing
would be heard of the Mormon ques-
ton.
Booth, in conclusion, insisted that he
had been a constant opponent of poly
gamy all through his residence in Utah.
but said that conditions could not be
changed any more rapidly than they
were changing. Concerning non-prose-
cutions, Booth admitted on cross-ex-
animation that on both sides Of his
home President Smith maintained
houses for his wives, but that until the
Smoot hearing he had never heard that
polygamous cohabitation had been
practiced since the manifesto.
Asked by Senator Dubois IL his
sympathy for children born in poly
gamy Ifs great enough to put a stop to
bringing them into the world the
witness replied: 1T is, II stop could
be put to it without vesting penalties
and hardships on those women who
bring them into the world. II you can
suggest way to meet this problem
will adopt it and carry 1t out.
AMENDMENT NOT NEEDED.
Chairman Burrows asked Booth If
he thought q constitutional amend
ment of the United States prohibiting
polygamy would avail and received the
answer that it was NOT necessary The
witness said, however, that he thought
it would put an end to polygamy.
Arthur Pratt testified that he had
served six years as Chief Of Police OF
Salt Lake City and under the territorial
government he had been United States
Marshal and Deputy United states
Marshal Angus M Cannon, the wit
ness said, had a bad reputation and
his word could not be credited.
Pratt said In the three years Joseph
Smith had been president the church
had been kept out of politics. but be-
fore that time IT had been factor.