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Show PRESIDENT SMITH HELD TO DISTRICT COURT ON NISDEHEfiNOR CHARGE A warrant for valawful coaebitatioa was served ea President Jossph F. Bmita lata yesterday afternoon at the instsaca of County Attorney Farley P. Chriatansea. Through his attorney. Franklin 8. Bicharda, President Smith entered hit ' appearance before City Judge Whitaker, pleaded set guilty and was boon (J over to District court, no bond for his apprsranee being required. The complaint upon which the warrsnt wss (sued wss sworn to by Deputy Sheriff Axel H. Steele. It chsrgee in substance that en the first day of August. 1901, and at divers times and rontinuonsly theresfter down to end including the first day of October, 1906, Jo- seph F. Smith did commit the offense of unlawful un-lawful cohabitation with Jnlins L. Smith, Sarah Z. bmith. Edna I.. Smith, Alice K. bmith end Mary T. 6 mi to, in the habit and repute ef marriage. The issuing e( the warraat and the arrest ef Preaident Smith are due te the complaint swera eat before Justice Dana T. Smith two weeks ago by Charles Mostya Owen, charging a statutory crime against Preeident Smith in connection with the birth of a child ea May 21 last te Msy T. Smith, a plural wife ef President Smith who red dee at 66 Ist North Temple street. The County Attorney declined te isue a warrant under the Owen complaint, and Judge Armstrong, to whom application for a writ ef mandate compelling the County Attorney to issue the warrant wee made, overruled the writ, ruling that the Owes complaint waa aot sufficient in fset upon which to bsse wsrrant. Cader the law, unlawful cohabitation is a misdemeanor, panishsble by a fire ef aot more than $50, while the crime charged ia the Owen complaint is a felony. Speekiaf ef tbe matter, according to a morning newspaper. County Attorney Chris-tsnssn Chris-tsnssn said that be issued the complaint charging President Smith with unlawful cohabitation co-habitation for the reason thst the laws ef this State recognised the conditions ef the domestic life of the Mormons and that the special atatute governing casee of this kind, denotes this alleged oCease as unlawful cohabitation. co-habitation. In not drawing the complsmt nnder the section covering tbe grsver chsrge. County Attorney Chrielenssn ssys thst he bse been guided by the fscts es testified to by the witnesses exsmined by him prior te the issu-aacs issu-aacs ef the complaint. - The certificate of the birth of a mala child te Joseph F. Smith and M. Taylor Smith is oa file in due form at the office of the Stste Boerd cf Health. The County Attorney a office was prepared with a transcript ef the proceeding in Judre Whitaker's eourt when a copy of same was asked by Attorney Richard for the defendant defend-ant and tbe plea of not guilty and transference transfer-ence of tbe case te District court occupied bnt a few minutee. Preeident Smith was net present at say of the proceedings. |