The Washington times., 1906-05-06

charges that he was a poIygamist, OF
that he ever had but one wife, who, be-
fore he: marriage, was Alpha May Ed
ridge, and whom he married September
II, 1884 In like manner he denied that
his election was not proper He con-
tended that he was amenable to aid and
bound to uphold the constitution and
laws of the United States. including the
condition II. reference TO polygamy upon
which the state of Utah was admitted to
the Union.
January 16. 1904, the case was taken
up by the Senate, Robert w Tayler.
counsel for the protestants, presenting
that side of the case, claimed that Smoot
was bound to accept and obey the doc
trines OF the Mormon Church whether
they affect things temporal or spiritual.
This condition being the status of Mr.
Smoot politically, he was disqualified to
retain his seat In Congress.
Answering Mr.. Tayler's presentation
the defense claimed that the Senate had
no jurisdiction to consider a charge
made against Senator for an offense
alleged to have been committed by him
prior to his election. The defense did
not claim to rebut the allegations
further than the sworn testimony sub
mitted by Mr.. Smoot went its aim being
TO assert that the Senate had no right
TO convict and punish one of its mem
bers for an alleged oIense which the
people Of his own State did not recog-
nize.
Smoot on Stand
Smoot went on the stand during the
second session of the hearing. He stated
that there was nothing in the oath or
obligation about avenging the blood
OF the prophets or anything else on this
nation or on this Government.
He said the endowment had never been
changed. 1t was founded by Joseph F.
Smith. Jr.. who was still alive. and Il
would appear strange to have such an
oath administered while the founder Of
the obligation was IN no immediate fear
or need Of vengeance. In like manner
he contended that there was nothing in
his past life. either in connection with
the church or otherwise. that would
affect his loyalty to his country as rec
ognized by the oath Of office OF a SEN
afor of the United States
Joseph T. Smith, Of the twelve apos-
ties. was the princiraI witness before
the committee His l-st examination
occupied five days. He appeared from
time to time throughout the three and
one-half years the case has been under
trial. He admitted that he was living
IN defiance OF the laws of the State of
Utah. and said he would continue to
do so. notwithstanding the issuance of
the manifesto.
Some More Witnesses.
other witnesses who were called were
William Wolfe, A W. Powers. Mrs.
Mabel Kennedy, Ex-Governor McCan-
nell. William Bulge, and J. E. Goeghe-
gan.
Mrs. Mabel Kennedy's testimony was
probably the most sensational OF all
adduced. She testified that she had
been married as a plural wife by Brig
ham Young since the manifesto. She
knew the conditions of the plural mar
riage. but she did not advise her par
ents Of her actions. Corroborating Mrs.
Kennedy's testimony her mother de-
clared she did not know her daughter
was a married woman until she had
been summoned to appear in the case.
She made a deep impression on the
committee. Her statements were frank
and clear. To the minds Of the mem
bers it revealed that there was a con-
dition existing that was unthought Of
Her statement may 90 a considerable
way towards settling the case.
Women Who Fought.
Back of the wor.an's organization
fighting the case are Mrs. Frederick
SchoT, Of Philadelphia; Mrs. Tinis Ham
In, of Washington, d. c.. and Mrs. z.
V. Grice. These women. acting in an
official capacity for the league. have
collected the money to carry on the
case. AS their representative. c. E
Owen. has been engaged IN looking up
evidence. and in keeping the attorneys
John G. Carlisle and Robert W. Taylor
posted as TO the political situation IN
Utah. A. s. Worthington has repre-
sented the defense throughout
During the hearing the name OF Mrs.
Smoot was kept out Of the case to
remarkable extent. Mr. Smoot was the
only one who brought her name into
record.
From the beginning the protestants
did not try TO prove the allegation that
Smoot was pOlygamist. The home life
Of the Senator was likewise disregarded,
the issue being fought out solely along
the lines Of his being a member of the
twelve apostles. He admitted. however.
that he was free to resign such a con-
nection at any time II he thought 1t
impaired his qualification as a member
OF the Senate OF the United States.