The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1906-11-24

al entered into with the sanction OF the
Church Of Jesus Christ OF Latter'dsy. Saints,
and as VIC believe, with the approval OF the
Lord. According to our tsith end the law
OF the church they were eteras! IN dura'
;lop.
II 1890 and the years subsequent; ;heTsto
REGARDING what weYo clsssed the old
cases o! cohabitation. I have appreciated the
msguninlty OF the AneUcan people in not
enforcing policy that IN their minds vas
unnecessarily harsh. but which assigned tho
settlement oil this dithcult problem TO the
Siaco ths year 1890 very largo per
centaRe OF the poygamous fomiies have
ceased % exist until oaw tho numoer within
the jurisdiction OF this court IS very smel!
and marriages II violation OF the law havo
been aud now are prohibited Ia view OF
,his ainauon which has nXed With certain
~ o result that csn be easily measured up,
inc family relations III the old cases ot
that time have been generally lex NAd4s'
rurhed. SO lar es my own case Is con
csrAed l. like others who had catered into
solemn religious oongauonE, sought 70 the
beet Of my ability 20 comply with eA re-
qulremoGtS pertaining 10 the tfYlhg poeiNoh
IL which we wero placed. l nave leit Sc
cure Ia the protection OF that magnanimous
sentiment wnich was extended as an Owe
branch in 1890 and subsequent years 70 nose NOSE
old cases OF plural family relationships
which cSmo within its purvlew, rs ala
mius.
President Milford Woodruff, did not un'
dcrstoad that ] would be expected TO aban'
doa aAd discard my wives. knowing tne
sacred covenants snd obligations which J
had assumed, by resson OF these marriages
/ haS0 tOascioGtlously tried TO discharge !he
responsibilities attending them, without be,
ing offensive 10 any Hne. In, nave a@Nb' eNh.
dsnntGd my family relations before the puo'
lie. nor have | teit spirit OF dehahc@
against tho law; but, on the contrary.
have always desired TO he la~'oh!diag elti'
zen In considering the trying position IN
which I have been placed, / trust your
Honor will exercise such lenieney IN your
sentence, as law and justice wlil permit
Urges Jail Sentence.
Replying TO President Smith S state,
nent, District Attorney Loofbourow
asked that jail sentence be imposed
Mr. ofbourow said:
Moy tho Court please, tho body OF thls IN
formation charges tue crime OF unlawful CO"
hsb,taIion. asted Bs follows, to-wit: that the
said Joseph I. Smith on tho second day OF
December, 1903, and on divers other t!mes
thereafter and continually thereafter down
10 Snd including Tho hrst day ol octooer,
1906, at the couAty OF Salt Lake in the State
uf Utah. did then aad there nnawiuIly CO.
habit with more than ono womon, to.wlt;
with hge persons. naming them, IN the habit
and repure Of marriage, contrary to inc !a"S
of this State.
Il Is 4 meter of common knowledge in
fhls community that this defendant Is press"
don't of the Church OF Jesus Christ Of Latter
pies ;he position with the people OF that dc'
nomination, Of thpt church, OF prophet seer
and rovelator. As result OF thet position
and the reverence with which he is held by
these people, his example Tor good or bad in
this community is much more potent than Is
the example OF any other person
This dsfondnnt, in October, 1891 testified
Bsi1ro the rsferes ip escheat cases that no
did not see how the effect of the Woodruff
manifesto could fall short OF unlawful CO.
habitation. He was asked particularly about
that. Whistler or not this manifesto did in
clgda unlawful cohao!tNtion with wives thai
had been married prior 20 tho mnnifesto. He
answered II do not zee how the effect can
be Otherwise In December Of that same
year this defendant, together with others,
oticers OF the church oi which he is now pres
ideut, sent a petition 10 President Harrison,
spoken OF now as the petition Tor amnesty,
IL which he stated that he and his people
had put aside poygsmy, and represented TO
tho President in the most solemn terms thst
1t was no longer taught by their church nor
prectced by their people; thai was thing
o. the pass.
I understand ;hat the petition for amnesty
enlions only plural marriages, but that the
Presidents proclamation based upon that
petition expressly mentions not only plural
marriage, but polygamy cohabitation, unlsw-
ful coha b.stlon. These terms are mentioned
IN that proclamation no leSs than five or six
lines the; the President OF the United
States understood that document just as it
would be understood by any ono reading 10
now, that 1t applied not only 20 the question
OF aew polygamous wives. bu, to the practice
OF polygsuy or living IN unlawful coha6ita
sion.
Smith s Open Confession.
IN March, 1904 this deiendan, testified at
Wa shington. before the Senpre committee, in
substance, that unlawful cohhbltation wss
contrary 10 the ru!e OF this church and wsa
contrary as well 70 the law OF the land, and
that he was living in thst condition. that is,
n unlawful cohGoitstion.
ltaEc vouT Honor. that this c!ycunl
stance o. showing that this defendant knows
now, and has Known during all -hese years
thai this was against the law OF this Stare
and tho statutes OF this State provided that
. Il any male person hereafter cohs Dts with
moye ,hsn one woman ne shall be guilty OF
misdemesnor and on conviction thereof shall
be punished by hne OF NOS more than $500
OF by imprisonment II the county jail for not
more than GX months, or by both OF said
punishmeuts, III the discretion of the court
section Substantially ae this reads
hiss been IN effect IN Jhis State 3nd Territory
during al the times | nave mentioned 1.
has been against the law of this State
aCeinst the law OF tho load Tor man to live
IN unlawful con hebtaLion.
Now. the object OF punishment l. two
toId. 10 punish the onender and 10 prevent
BIZ example leading other peracas into tho |
TacJles OF the same particular cffense for
Which he is convicted. and submit 20 your
Honor that penalty should oe Imposed In
this case tha; will prevent other persons
from continuing The practice Of unlawful co"
uS p!td-l0u. Il IS = .NaCleT oY C0gCQlOl ElGWl-
edge here that since Statehood there have
heon quite number OF prosecutions for We
lzrtGl coh2b-tatioz, the exact uuEbsr J
car1oc stats now; but IL these cases lne5
have bsen irapossd. IL IS also E matter OF
connon knowledge that the imposition OF
these ines has done nothing 70 prevent the
practice o. polysauy or living in une condI.
t!op ot unlawful cohsbitatlon OF persons who
then had oLher wives and who were IS this
da:eEdaa- says he was. under obligations 10
support them AID take care o. them The
1mposic.cn OF Gnes IL these cases has not
prevented the practice % unlawful coh.biGa-
Ttca in this community. ] believe your
HoaoE should IN this case inposs such PEN
atty as Will prevents v7ll etoD tho pl l>.
Jice OF unlswtul cohabitaton here l. Is
against The law. AID there IS no reason Why
8. should be permitted: and In this case I
recommend % your Honor that county-jail
Dsrm be imposed I do this ~ the utmost
good feith. believing it 10 be nay duty as
pu5lie prosecutor. bolieve that lt viii ac.
co--pl!sh more - end the practice OF Dolyc-
s2ly ard unlawful cohabitation In THIS con-
munity than anything that car be done II
VIII deter others, and for that purpose !
recommend It to your Honor I ures as
strcnsly as can that IL this case county
jail Atsrm DC :nposed.
Richards Objects to Jail
The Court-Nr. Richards, have you
e1ythiIg further 10 say?