Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1906-06-16

snch MARRIAGES prior 20 the rgss...A 4
,iloHe gets respectively Who rsi~t. &
born within a period in one c.iec '' =. oe
nlohths anu nine days sld ir tbs . .'.la
i months after the passage Of ib. Yer
folJgninous Capitalization '
Under these laws fa,p.,los ~,
created, and children horn ~ .ee1
amous marriages had grow, |'Fs'
hood and vomanhood. Itisr,, uAi.'
Ing. under such circumsianr.s U.s.
there was feeling on The p',r, lll.
the government officials IN tbs, Y.,4 y
Tory ana OF the people Of tie to-. Il'
mat II further poygamous r,st'i.viy
should cease the continuance ~ ,',ss'
anous relations Heretofore c....s'
might be tolerated, II they vor, owe!
openly or flauntingiy carried an "Q'
| To prohibit such relations ,.oi.,s
10 deny the parents 81 Legitimate -tn,
rem 10 dwell together with ,u-l .t~t'
rem. Some % or 30 witnesses hays .l'
examined on this subject, most m ~
| hoh-Mormons and several OF thcB, .'i.'
hesses called on behalf Of Tho p-.....'
ants There II a practical unsrs,-'.',
| uihohs them that ~ least from "a.
| tiihe on the admission OF the state t-..
the Union, which occurred on j.u,,.-l
y lNo, there was practically u-Ies--.,
alsihclination 10 prosecute .hoqa IA
had plural families born Of r-..r-'
1890. '''''''' '.' q
As a sample Of the eylder,. an ,,,.
subject we refer to the ;estlrro-,. y,
Judge William NJ. McCart,. =,
OF the associate Justices os RI,
supreme court Of Utah He was '
aistant United States attorney ~. s
territory 81 Utah from 1883 urtu f1s,
when he was elected county att1---
Of Sewer county, IN that TERRITORY d.
was reelected In 1894. MISS n, ~.
elected one OF tho district iuds.s !,
the State OF Utah.
He was reelected 10 that o0I.. b.
1900 and IN 1902 was elected r, NJ,
present Office. He Is ncn-N1ra,1-
and has always been an uncommon
Ing opponent OF polygamy. 10 49,
Quoted some OF the prosecution n,
polygamous oohabitatlon between ~,
date OF the manifesto, In 1890. and ~.
admission OF the State into tho I.ris,
In January 1879. He testined.
u prosecuted them before the T,tsl
states commissioners Up until ,I4f .
when the United States attorrsy rs'
FUSED 70 allow my accounts f.r CO...
vices for that kind of work. aud fbe,
J quit and confined my inyesueifl1,,
before the grand Jury I'm those cssass
And Judge McCarty further t,s-,ssi
that the superior 10 whom he refs-rai
as stopping the prosecution Tor p5lyg.
amous cohabitatlon was John VI. m83
a gentle.
In 1897 some prosecutions FOR p1lrr.
amous combinations against mon ~,
were married before the NANTES,
came before Judge McCarty as dl,tri.,
Judge Of the State. The accused !,
those cases admitted their guilt an
were punished by a fine only up,s
agreeing TO cease cOhabltati1n Mia
their plural wives Judge McCary
testified that Il was after Thea, rr.ss.
cutiws he obtained the first eInphsG,
expression he had observed as io The
state OF public opinion IN Utah 40 ths,
time regarding such prosecutions
He said that he found the press vas
against the prosecutions that the puh.
lie prosecutor, whose attention he n.
vited 10 the matter, refused TO mo.
coed. From this and other facts WnpA
came 10 his knowledge Judge BE.
w. A'AAAA'h AAlf NNllfAAHit'M N|LNL mo
public sentiment Of the State Wss
against interfering with men Bon their
polygamous relations who had married
before the manifesto. (Vol. ,. SIS. 10
$50; $50, $50
r. r. Critchiow. gentle lawyer. n
salt Lake City, who PREPARED NE
principal protests in this case and Mo
during the early sittinCs of the r1r.
nittee, assisted Mr. Tayler. couneelf-
Inc professionals. IA presenting tts
case, testified as a witness ON bag
OF the protestants that after the ma.
festo OF 1880 there was no inclinllA
on the part Of the prosecuting ofisr
TO push these matters as TO rrcst.
cohabitation. thinking II was mot.
Ter that would Immediately die OUT"
that It was wen known that Apostle
John Henry Smith was living in un.
lawful cohabitation. and non-Morn5m
generally made no objection To 10. fhlt
they were disposed TO LEI things sgi.
and that that was the general feeling
from the time Of the manifesto in 1899
down TO very recent umes-urrHr
nearly ny 10 date or practically upD
date"
Mr.. Critcnlow further testified tx
the non-Mormons were disposed
overlook the continuous polyeamu
cohabitation Of those who had takG
plural wives before the manifesto. b..
cause they-the -MurmOus-Nt
satisfied that there would be- ul more
plural marriages, that the thing would
work itself out in the future. and ttu
where the polygamists had their vrs
In separate houses and simply kept up
the old relations without the of .usye
Haunting ~ them before the nuhIcE
had been practically passed over ly5l
/. 624, $3.50
Another witness called on behalf NJ
the protestants was Orlando W Plr-
ers, a leading lawyer OF Utah. none
Mormon. who was associate Justice of
The supreme court Of the TERRITORY NJ
Utah In 1858 ana 1885. and whose ',s.
llmony N general shows oil, s'Ts
teeling against The Mormon ChlrcA
he testified that. speaking Or ih
Who fought the Church parry ia ,-9
days when Il was q power. they had
felt and still feel that n The chlfCl
would stop new plural marriages 'h-E
who had contracted such marriages
before the manifesto would uot bs r-
ierfered with. After stating tHat .f.
people who lived IN the tss, had lH
OF the situation i1 tlF
regard In Utah. Judge Powers adde's.
That condition exists There Is
question for statesmen On solve We
have not known what was best t1 Fl.
u has been discussed ana people
would say that such and such a m.t
ought 10 he prosecuted ThsH t1
would consider whether ANYTHING
would be gained, whether we Ho1i4
not delay instead % Fastening the u1f
that we hope % live % see, whether
the Institution would not flourish Pr
reason o. what they would term r'r.'-
cutions. And 50. notwilhsla.aI-
protest has been sent down here '
YOU, viii say 10 YOU the people have
lcquesced In tho condition that .--
fts"
Then the witness added that by 10
people Ne meant the gentiies lFc"
j. SSi-Ss5.l
William J. Mcconnell. eX-goyfroi
VI Idaho ard ex-senator ~ The lNlf4