The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-01-17
SWOOT AGAINST POLYGAMY,
N uDGE uINER or THE UTAH
." ,pBJ,tL (OtR TESTIiIES'

,o,horc Gentle says lie Worked for
smoors IilcctlOn-Judsc Mc'ar'hS
saws Hint Game From Washington
IN Ease Up" on the PolIgahls's'
,v.sptxcroS. Jan. 18,-The Smoot hear
90. resumed this morning by the SEN
INK n.rttter on Privileges and Elections
70. 4 Mucr, late Judge OF the Itah
's'.,.,,,ne court. testified that he had known
.r,oot since 1890 and that he was
n.,,spt in politics long before he was
l,od,p,.,lc. Smoot had the reputation
l,,pr against polyGamy. Since the
,,o.,o .nid Judge Miner. the DISPOSE
,...,,,,r,., Gent les IL not to prosecute old
.,.es AZ polygamy. There is no more
I,.-sr,ol. or unlawful oohabitation in
FIX ,ban there is in the District of Column
,,,or New York he said "in proportion
!, ,ro-s.cxamnation he admitted that
,,,,,i, no distinction between ordinary
,,y,i rohaMtation and that which is
toii bv the Mormon poygamist to oe d
Jaw 81 God
rl.s smith Of Salt Lake City. cashier
n. peserat Savings Bank, and Nor
'.o testified hat he was secretary OF the
poople'- party when It disbanded. lie
ds,ied that there was any understanding
Not, certain Mormons should belong TO the
democratic party and others to the Repub-
r.,r Every man went to the party OF
~. choice When the manifesto was first
,..pod witness said IL was not the under
.,,,iing OF Mormons that it prohibited
unlawful cohnbitation, but merely new
,lur,l marriages The Mormon Church
s.a burch does not control any business
oryanization in Utah, he said, though 1t is
Interested in many.
Nr smith said he was a second cousin
n President Smith of the Mormon Church
and Of Apostle John Henry Smith. He
re,i through the endowments once for
himself and twice for dead relatives. He
obiected to telling anything about the
ceremony.
William T. O'Meara. a Catholic gentle,
who went 10 Utah in 800, testified that he
never bothered about the stories of polyga-
nous cohabitation lie thought the thing
,bould be allowed to die out He said
he believes Joseph F. Smith keeps out OF
politics Mr. O'Meara said he worked
with Perry s. Heath and others to carry a
ticket which was slated to support Reed
Smoot for the United States senate +. Il
Crtchlow. who drew up The protest against
Smoot. supported the ticket
Charles " Morse, Judge Of the District
Court at salt Lake City, told OF the Grand
jury investigation in 1909 Of alleged plura
marriages since the manifesto. The jury
report was favorable TO the contention
that polygamous marriage are not per
formed in Salt Lake county. The jury
did not inquire into the question of polyga'
lnou. cohahitation among persons marriec
before the manifesto.
why are not people prosecuted tol
violation of law?7 asked Mr.. Burrows.
Probably because the officers charged
with the duty Of prosecuting such case'
do not care TO press them, replied judge
Morse.
is it the sentiment that these crimes
should so unpunlshed2
NV opinion is that the people don't cart
20 20 individually and make complaint
though they are opposed to this state OF
] ofairs
William VI. Mccarthy. Associate Justice
\ Of the Supreme Court of | tab and gentle
4 testified that ia 1850 he was Assistant nitet
Staies Attorney In Utah and that he vigor-
/ ousy prosecuted polygamists and 'cohabs
! Yet be- was subsequently elected to the
District and Suureme Courts largely bJ
| Mormon vot.- Tie told Of conversation
he had with the Public Prosecutor in which
tine lajters attention WAS called TO rumor'
of violation ot the law by polygamlstS
| The Public Prosecutor refused to TAXI
, action and the Judge superseded him VIII
| another man. who conducted grand Jury
investigation. The result was iiaSco
and Judge Mccarthy then reached the con
cluson that public sentiment was agalns
'he prosecution Of 'cohahs.
Judge Mccarthy said that in 1892 or lS9
he complained TO Judge Judd that h'
could not get action against the Dolyg
amisis and that the Judge said the CnlteC
States District Attorney had received al
intnation from the Department of Justice
10 ease up on the polygamist@ Ih'
fac, IL said Judge Mccarthy, both parties
were playing for the Mormon vote. II wa
question whether Utah should be q Re
publican or Democratic state. Their
was a good deal OF politics IN the who'll
thing and the Mormon Church was criticised
for the political manipulations OF some o
H. members
senator Burrows asked the witnes
whether the practice Of President Smith
In living with plural wives tended to encour
age the practice. Judge McCarty said i
did Ii President Smith should issue :
declaration prohibiting the practice o
Continued practice Of the crime by Presiden
smith gave other Mormons the right I,
regard the practice a. licensed.
Chairman Burrows laid before the com
mIttee remonstrance signed by $40 resi
dents Of Salt Lake City declaring that th'
people OF ttah do not Condone the practlc
Of polygamy. as is alleged by the Smoo
witnesses
Mr. Worthmgton. Smoot's counsel, ob
lected % the Introduction Of this remon
STRANGE. il was then read a. a question
by Mr. Iayler and thus injected into TIA
record
There is tacit understanding in Utah
declared Judge McCarty. that one Unite
Stales Senator shall be- a gentle and IN
other Mormon Both Republicans an
Democrats adhere 10 this tacit agreement
Ana-a = Condor ND, a gentle q
ogden toh. aid he was in the last Legs
azure when Reed Nmoot was elected Sena
'or and he voted for Smoot He said b
IesHaed ihe polvgamy question In Uta
rs dead. He said he would have vote
against Joseph 7 Smith if he had run 70
htea states senator because Smith IS
notorious poIygamist.