The Eureka sentinel. [volume] (Eureka, Nev.) 1902-current, 1906-12-01

tence be passed upon the defendant.
The statement of the Distrio; Attorney
in fall was as follows:
"rhe body Of this information charges
the crime of unlawful cohabitatioD,
dated as follows. to-wit: That the
said Joseph +. Smith on the second day
of December, 1908, and on divers OIL her
times thereafter and continually there
after down to and including the frst
day of October, 1906, at the county of
Salt Lake in the State of Utan, did then
aud there unlawfully cohabit with more
than one woman, to-wit with five
persons, naming them. in the habit and
repute of marriage, contrary to the laws
Of this State.
Why OHense Is Serious
at is matter Of common knowledge
in this community that this defendant
is president of the Church of Jesus
Christ of Latter-day Saints; that as
such president he occupies the position
with the people of that denomination.
of that church. of prophet. seer and
revelator. AS a result of that position
aud the reverence with which he is
held by these people. 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.
testified before the referee in the escheat
cases that he did not see how the effect
Of the Woodruff manifesto could fall
short of unlawful cohabitation. He
was asked particularly about that.
whether or not this manifesto did in
clude unlawful cohabitation with wives
that had been married prior to the mani.
festo. He answered. Il do not see how
the effect can be otherwise. In Decem-
Der of that same year this defendant, to-
gether with others, officers of the church
Of which he is now president, sent
petition to President Harrison, spoken
of now as the petition for amnesty, in
which he stated that he and his people
had put aside polygamy, aud represent
ed to the President in the most solemn
terms that it was no longer taught by
their church nor praoticed by their
people-that it was q thing of the past.
| understand that the petition for am-
nesty mentions only plural marriages.
but that the Presidents proclamation
based upon that petition expressly men
tions not only plural marriage, but po-
lygamy. cohabitation, unlawful cohab-
itation. These terms are mentioned in
that proclamation no less than five or six
times. so that the President of the
United States understood that document
just as it would be understood by any
one reading it now. that 1t applied not
ouly to the question of new polygamous
wives but to the practice of polygamy
or living in unlawful cohabitation.
Testimony in Warrington
"In March. 1904. this defendant testi-
fed at Washington before the Senate
Commute in substance that unlawful
cohaO,tation was Contrary to the rule of
The church aud was contrary as well to
The law Of the Land, aud that he was
living ia that condItion-that is. in un-
lawful cohabitation. l take it. your
honor. thai this circumstance Of show
iug that this defendant knows now anu
has known during all these years that
this was against the law Of this Stale.
aud the statutes If tn 8 State provided
that IT any male person hereafter CO.
habits with more than one woman he
shall b.. guilty of misdemeanor and on
conviction thereof shall be punished by
a fine of not more than $500 or by i'm.
prisonmeDt in the county jail for not
more than SIX months, or by both of
sad punlshments in the discretion OF
the Court A section substau TALLY as
this one now reads has been in effect in
this State and Territory during all the
times l have mentioned. 1t has been
against the law of this State. against
the law of the land for man to live in
unlawful cohabitation.
Cause Of the Present Trouble
The comp amt on which President
Smith was originally arrested and
which was the basis for the information
filed in the District Court. charges him
with unlawful cohabitation with his
plural wives.
The wives of the prophet are Mrs.
Julina l.. Smith. his legal wife; Mrs.
Sarah Z. aud Edna L. Smith, who are
sisters. aud Mrs. Alice E. and Mary 7.
Smith. The latest trouble of President
Smith is said to have been caused by
the birth to Mrs. Mary T. Smith. his
fifth wife. of child several months ago
This was Mr.. Smiths 43 child.
Nafbiua Caid Ahouf EraiDbt Ratas