Salt Lake Herald-Republican | 1906-11-24 | Page 1 | Head of Church is Fined $300

HEAD CHURCH OF IS 18 FINED Joseph F Smith Pleads Guilty 1 Co CoS Cohabitation habitation I S GIVES HIS SIDE OF CASE JUDGE M L RITCHIE HOLDS OUT OUTA A WARNING H t t M t t 4 M t t I t t MM 44 t t 4 M 1 49 f t K Kf t f 4 The court takes take occasion to s say ty f 4 however that if a repetition of this thi 4 4 4 offense by b this defendant comes be before 4 4 fore the thc court a second time tIm the 4 4 f court would regard it as very much 4 4 4 graver and would inflict a greater 4 4 4 4 penalty The court is bound to say sa t 4 4 the Is meant to be enforced 4 4 and knows ot no exceptions to bo he 4 4 4 made to its operation Any reasons rea ons 4 I 4 for changing the law la to meet par particular particular f cases should be addressed to toI 4 4 4 the legislature 4 4 The judgment of the court is that 4 I 9 the defendant pay nay Ia a fine fino of 3 and andl 4 4 costs costa l of this action atlon and stand 4 4 4 committed until the final costs are 4 4 4 1 paid Judge M II L Ritchie t 4 t t HH 4 f tH t 4 Plea Pica of Guilty Is Made President Joseph F Smith of the Church of o Jesus Christ of o L Saints appeared before Judge M 11 L Ritchie in III the third judicial district court yesterday afternoon and pleaded guilty guilt to toan toun toan an un Information filed by District Attorney Frederick C Loofbourow charging him with having committed unlawful cohabitation cohabitation cohabitation tation on December D cember 2 1903 1901 and at other times since that date with his polygamous polygamous wives Sentence was 35 immediately passed upon President Smith by Judge Ritchie and the fine of o 00 together with tho the costs co ts tsIn In the case was paid by b President Smith to his son David A Smith who is dep deputy deputy uty ut County Count clerk Continued on Page 2 HEAD OF CHURCH IS FINED Continued from Page 1 The Information was originally intend intended ed to pave have ave come up before Judge Jud e George GeorgeC C Armstrong but a t change of judge was demanded by b President Smiths attorney F S Richards on the ground that Judge Armstrong was prejudiced in the case casc 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 granted ed by Judge Armstrong and the case was transferred to Judge court The case caso was called by arrangement during the noon hour when there were but few persons in the building President dent d nt Smith thus avoiding in a measure the degree of publicity his presence would have attracted He was as attended in the courtroom bj by bjone b bone byone one of his sons eons Joseph F Smith jr who is now employed in the office of ot the church historian and who is said to be bein beIn bein in line for selection on the quorum of twelve apostles and by his attorney F S Richards When V hen the case was called District At Attorney Attorney Attorney torney F C Loofbourow stated that the defendant was in the courtroom and asked that he lie be arraigned at once Statement of the Prisoner Attorney Franklin S Richards representing representing representing President Smith waived the reading of or the formal information Pres President PresIdent PresIdent ident Smith then said saidI I plead guilty Before rendering a de decision decision decision In the case I wish to present a afew afew few short statements which if you wil wi I permit will be read by my m attorney The desired permission having been granted Attorney Richards read the fol following following lowing statement May it please the court I desire re respectfully respectfully to present a brief statement in my behalf My first marriage was contracted in 1866 1566 and my last in iSSI more than years ears ago These marriages were all entered into with th sanction of the Church of Jesus Christ Christof of Saints and as us we believe with the approval of the Lord Accord According AccordIng ing lag to 10 our faith and the law of the church they the were eternal in duration In the tacit general understanding that was had In 1880 and the years ears sub subsequent subsequent subsequent sequent thereto regarding what were classed as the old cases of cohabitation I have appreciated the magnanimity of the American people In not enforcing a policy polle that in their minds was unnecessarily unnecessarily harsh but which assigned the set sel settlement of this difficult problem to the onward progress of time Polygamy on the Wane Since the year iSO 1800 a very ery large per percentage percentage percentage of the polygamous families have ceased to exist exl t until now the number within the jurisdiction of this court Is Isery very ery small and marriages in violation of the law have been and now are prohibit prohibited ed In n view of ot this situation which has fixed with certainty a result that can be easily measured up the family relations relation in the old cases of that time have been be n generally left kit undisturbed So far as my myown myown myown own case is concerned I like others who had entered into solemn religious obliga obligations obligations I sought to the best of my m ability to comply with all requirements requirement pertain pertaining pertaining ing to the trying position in which we were placed I have felt secure In the protection of that magnanimous senti sentiment sentiment ment meat which was extended as s an olive branch In 1800 1830 18 and subsequent years to those old cases of plural family relation relationships relationships relationships ships which came within its Ils purview as did mine Would Not Discard Wives When I accepted the manifesto is issued issued issued sued by b President Wilford Woodruff I Idid Idid did lid not understand that I would be ex cx expected expected to abandon and discard my wives mes Knowing the sacred covenants and obligations obligations obligations which I had assumed by reason of these marriages I have conscientiously conscientiously tried to discharge the responsibilities ties tics attending them without being offen often offensive sive to any anyone one I have never flaunted my family relations before the public nor have havo I felt a spirit of defiance against tho the law but on the contrary I have al always always ways desired to be a citizen dUzen In n considering the trying position in which I have been placed I trust that your our honor will exercise such leniency In your sentence as law Jaw and Justice will permit Recites History of Case District Attorney Loofbourow was given the floor by the court and made a state statement statement ment meat in which he recited the history his tOr 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 graIly and seriousness by reason reMon of the example It set for his followers He asked that a Jail sentence be passed upon the defendant The statement of ot 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 JosephF F Smith on the second day of December 1903 and on divers other times thereafter and continually thereafter down to and including the first day of ot October 1906 at the county count of Salt Lake in the state of or Utah did then and there unlawfully co cohabit cohabit cohabit habit with more than one woman to wit with five persons naming them in inthe Inthe the Ule habit and repute of marriage con contrary contrary contrary to tho tim laws of or this state Why Offense Is Serious It is a matter of common knowledge in inthis Inthis inthis this community that this defendant Is president of or the Church of or Jesus Jesu Christ Christof of ot LaUerda Saints that as aa such press president president dent he occupies the position with the people of that denomination of or that church of prophet seer and revelator As a result of that position and the rev reverence reverence with which he Is held by b these peo people people plc his example for or good or bad but in Iii this community is much more potent than Ulan is the example of any other person This defendant In October 1891 fled fied before the referee in iii the escheat I cases that h 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 dill include unlawful cohabitation with wives that had been beM married prior to the manifesto He an answered answered answered I do not see sec how the effect can be otherwise In December of that same year ear this defendant together with others officers of or the church of which he h is ia now president sent a petition to President Harrison spoken of now as ns the petition for amnesty am nest In which he lie stated that he and his people had put aside ashle polygamy pol gam and represented to the president in the most solemn terms that it was no longer taught by their church nor practiced by their people that It was a thing thin of the past I understand that the petition for I amnesty a nest mentions mention only plural marriages but that the presidents proclamation based upon that petition expressly men mentions mentions not only plural marriage but po polygamy cohabitation tion unlawful cohabitation cohabitation cohabitation tion These terms are mentioned in that proclamation no less than five fe or nr six times so that the president of the United States understood that document just as asit asit asit it would be understood by h any an one read reading readIng ing lag it now that it applied not only to the question of new polygamous wives but to the practice of or polygamy or living Ing in un unlawful unlawful unlawful lawful cohabitation Testimony in Washington In n March 1904 this defendant testified at Washington before the com corn committee committee in substance that unlawful co cohabitation cohabitation cohabitation habitation was contrary to the rule of or the church and was contrary as well wen to the theIn law In of the land and that th t he was living in that condition tl t is in unlawful co cohabitation cohabitation cohabitation habitation I take taka it your our honor that this circumstance of showing that this defendant knows now and has known during all these years ears that this was against the law of this state and the till stat statutes statutes statutes utes of this state provided that if any male person hereafter cohabits with more than one woman he shall shan be guilty guilt of a misdemeanor and on conviction thereof shall be punished by a fine of not more than or by Imprisonment in tho the county Jail for not more than six months or by both of said punishments in the discretion of the court A section sub substantially as ns this one now reads has been boon boonIn In effect in this state and amI territory during all the times Umes I have mentioned It H has been against the law of this state against the law of the land for a man to live in unlawful cohabitation Objects of Punishment Now ow the object of punishment is two twofold fold to punish the offender and to pre line prevent prevent vent his example leading other persons into the practice of the same particular offense for which he is convicted and I submit to your honor that a penalty should be imposed in this case that will prevent other persons from continuing the practice of unlawful cohabitation It Is a matter ot jf common knowledge here that since statehood there have hae been quite a number of prosecutions for tor unlawful unlawful unlawful ful cohabitation the exact number I can cannot cannot cannot not state now but in those these cases fines have been Imposed ed It H is I also a matter of common knowledge that the Imposition of or these fines has done to pre pee prevent prevent vent the practice of polygamy amy or living In the tho condition of unlawful Cohabitation of persons who then had other wives and who were as S this defendant says saya he was wan w l lunder under obligations to support them and take care of cf them Fines Fi F es of No Avail AviI The Tile imposition of fines in these case caseS has not prevented the practice of unlawful ful rul cohabitation In this community I It Ia t a believe your jour honor should In this cas Cast impose such penalty as will wilt prevent as aswill will stop the practice of unlawful cohn cohabitation here It Is against the law and there is no reason why It should be per Jer permitted permitted muted and in this case cise I recommend to your honor that a county count jail term be imposed I do this in the utmost good faith believing It to be my duty as pub public public public lic prosecutor I believe that it will ac accomplish accomplish accomplish more to end the th practice of polygamy and unlawful cohabitation in inthis Inthis inthis this community than anything that can be done lone It will deter others and for that purpose I recommend It H to your honor honorI I urge as strongly as I can that in this case a county jail term be imposed Cause of the Trouble After the customary preliminaries had been disposed of sentence was then thell passed in the language previously previous quoted As soon as sentence wa was passed upon the defendant President Smith went to the office of the county clerk accompanied accompanied by b his son Joseph F Smith Jr and his attorney and presented a person personal al check in payment of ot the fine The complaint on which President Smith was originally arrested and which was as the basis for the tho information filed flied in inthe inthe the district court charges him with un unlawful unlawful unlawful lawful cohabitation with his lila plural wives The wives wet of the prophet are Mrs Irs Ju JuHna Julina Julina lina L Smith his legal wife Mrs Sarah SarahE E and Edna L Smith who are sisters and Mrs ITS Alice Allee E and Mary Man T I Smith The latest trouble of President Smith was wasI said to have been b een roused caused by b the birth to I Mrs Irs Mary Iao T Smith of a child several months ago