Los Angeles herald., 1905-01-17
GENTlLES NEED SUPPORT OF
CHURCH PARTY
Such Is the Testimony Of Judge Will
liam Mocarty of the Supreme
Court Of Utah in smoot
investigation
By AssocIated Press.

day declared that there was a tacit
understanding i'm Utah that one sena-
tor should be a Mormon and one q
Gentle. He said that the Gentiles real
lied that II the Mormons should unit
they could control and keep the Cen
tiles off the ticket, and therefore Gen
tiles were apprehensive until they knew
whether they were to get Mormon sup
port. The Judge said that 1t was his
attached to the church as a political
factor, and that as a matter of fact
there was little interference.
Judge James A. Miner of Salt Lake,
formerly of the supreme court of Utah,
was recalled today. He testified as to
Mr.. Shoots good character and to his
prominence politically in 1890, when
Judge Miner went to Utah. He said
that Mr.. Smoot was regarded as one of
the coming men and one who had al
ways stood for the enforcement of the
laws. Polygamy is decreasing so
rapidly, said the witness, that he be-
leved Utah would be better in ten
years than any state in the Union.
There is no more polygamous or un-
lawful cohabitation in Utah than there
is in New York ir the District of Col
umbia." he added.
William McCarty of Salt Lake, a
judge of the supreme court, who had
served as assistant United States dis
trin OF a
vigorous prosecutor of cases of polyg
amy, testified that after these prosecu-
tions he was elected 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 favor of closing their
eyes in liberation of conditions, and
not prosecuting cases of polygamouS
cohabitation where the marriages were
contracted before the manifesto. He
said. however, that he did not agree
with President Smith that the peo-
pie of Utah condone the offenses of old
polygamists. He added:
Sentiment Against PoIygamy
cidedly against the practice of polyg-
amy, even in cases where the marriages
took place before the manifesto. but the
people do not want to go on record as
prosecutors
Judge McCarty was asked concern
ing his prosecutions of pol.'samists in
the United States court in 1898. He said
he stopped bringing actions before the
commissioner because his superior Of
ficer shut off his fees. He thought the
United States district attorney had re-
ceived an intimation from the depart
ment of iusice to lease APP on the
He thought both political
pGrties were opposed to criminal ac-
tions.
Continuing, he said:
"And that was the cause of all the
trouble-this coquettirg with the Nor
raon church. Men in both parties sought
to learn whether the territory would
become a Republican or Democratic
state. I won't say they sought out the
church as a political OF garjzation, but
sought the politicians among The Nor
mons
Judge McCarty testife,, that he ran
behind his ticket in 1885,
On cross examination Judge McCarty
that his father left the church in 1872
or 1873 and did not go back until the
manifesto. When cases of unlawful CO.
babitation were brought before him,
Judge McCarty said he imposed upon
the defendants mild lessons in the form
Of fines.
Chairman Burrows asked Judge Nc
Carty whether he thought the confes
sion of the president of the church that
he lived in polygamous relations had a
tendency to promote or discourage the
practice among the people,
"To promote it, unquestionably, l
should say" was the response.
Cou'c End Practice
The witness thought il The president
OF the church should put aside his plu-
raj wives and declare against polyga-
nous practices there would be an end
of the practice in few instances.
In answer to questions by Senator
Du Bois, Judge McCarty said that Nor
mons in Utah may unite to exclude
every Gentle from the state ticket and
therefore the Gentiles We're apprehen-
sive 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 arc not taking
the active part in politics that has been
attributed to them.