The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1906-11-24
HEAD OF CHURCH
Is FINED $500
Continued from Page

The information was originally intend
ed to have come up before Judge George
c. Armstrong, but change of judge was
demanded by President Smiths attorney,
+. S. Richards. on the ground that Judge
Armstrong was prejudiced in the case.
Judge Armstrong was alleged to have
expressed himself as saying some time
ago that in the event President Smith
was convicted in his court the maximum
penalty would be imposed upon him. The
change of judge was Immediately grant
ed by Judge Armstrong, and the case
was transferred to Judge Ritchie's court.
The case was called by arrangement
during the noon hour when there were
but few persons in the building, PreSi-
dent Smith thus avoiding in a measure
the degree of publicity his presence would
have attracted
He was attended in the courtroom by
one of his sons, Joseph +. Smith, jr.,
who is now employed in the office of the
church historian, and who is said TO be
in line for selection on the quorum of
twelve apostles, and by his attorney, f.
S. Richards.
When the case was called. District At
torney F. c. LOofbourow stated that the
defendant was in the courtroom and
asked that he be arraigned at once.
Statement of the Prisoner.
Attorney Franklin S Richards. repre-
senting President Smith, waived the
ident Smith then said:
Il plead guilty. Before rendering de-
cisiOn in the case l wish to present a
few short statements which, If you VIII
permit, will be read by my attorney"
The desired permission having been
granted. Attorney Richards read the fol-
lowing statement;
May it please the court. l desire re-
spectfully to present a brief statement
in my behalf. My first marriage was
contracted in 1866, and my last in 1884
more than twenty-five years ago. These
marriages were all entered into with the
sanction of the Church of Jesus Christ
OF Latter-day Saints. and, as we believe.
with the approval of the Lord. Accord
ing to our faith and the law of the
church they were eternal in duration.
in the tacit general understanding
that was had in 1880 and the years sub
sequent thereto regarding what were
classed as the old cases of cohabitation,
1 have appreciated the magnanimity of
the American people in not enforcing
sarily harsh, but which assigned the set
Element of this difficult problem to the
onward progress of time.
Polygamy on the Wane.
Since the year 1890 a very large per-
centage of the polygamous families have
ceased to exist, until now the number
within the jurisdiction of this court is
very small and marriages in violation of
the law have been and now are prohibit
ed. In view of this situation, which has
fixed with certainty a result that can be
easily measured up, the family relations
i'm the old cases of that time have been
generally left undisturbed. So far as my
own case is concerned, 1, like others who
had entered into solemn religious Oblga-
tiOnS, sought TO the best of my ability
to comply with all requirements pertain
ing to the trying position in which We
were placed. / have felt secure in the
protection of that magnanimous senti-
ment which was extended an olive
branch in 1880 and subsequent years to
ships which came within its purview, as
did mine.
Would Not Discard Wives
When L accepted the manifesto. is
sued by President MILFORD Woodruff. /
did not understand that / would be ex-
pected TO abandon and discard my wives.
Knowing the sacred covenants and obii-
cations which | had assumed, by reason
of these marriages, | have cOnScienti-
ously tried TO discharge the responsible
ties attending them, without being often
slve to any one. L have never Haunted
my family relations before the public, nor
have / felt a spirit of defiance against
the law, but: on the contrary; have al
ways desired TO be a lawabiding citizen.
In considering the trying position. in
which l have been placed, ] trust that
your honor will exercise such leniency,
in your sentence, as law and justice will
permit"
Recites History of Case.
District Attorney Loofbourow was given
the floor by the court, and made state
ment in which he recited the history of
the case, and showed how the high and
exalted position of the defendant as
prophet seer and revelator of the church
made the offense charged of particular
gravity and seriousness, by reason of the
example ii set for his followers. He asked
that jail sentence be passed upon the
defendant. The statement of the district
attorney in full was as follows;
THE body of this information charges
the crime of unlawful cOhabitation, dated
as follows, to wit: That the said Joseph
f. Smith on the second day of December.
| 1908, and on divers other times thereafter
and continually thereafter down to and
including the first day of October, 1906,
at the county of Salt Lake in the state of
| Utah, did then and there unlawfully CO.
| habit with more than one woman, 10
wit: with five persons, naming them. in
the habit and repute of marriage, con-
| trary to the laws of this state.
Why offense Is Serious.
1T is a matter of common knowledge in
| this community that this defendant is
president of the Church of Jesus Christ
| of Latter-day Saints; that such presi-
dent he occupies the position with the
| people of that denomination, of that
church, of prophet. seer and revelator
| AS a result of that position and the rev.
| erence with which he is held by these peo-
| pie his example for good or bad in this
| community is much more potent than is
| the example of any other person.
This defendant in October. 1891. testi-