| Show RUDGER TRIAL TO DAYS proceedings LN IN COURT CO URT PRESIDENT GEORGE AS A LILLY CLAWSON AND LYDIA SPENCER saturday oct there was a good attendance of bf spectators at the court this morning but it ats mas materially laws less th than anthe the zhe crowd of yesterday A fw faw minutes after the regulation hoir of opening the hear ye hear ye 11 of tle tie court crier was heard and the assembly having come to order the trial of the clawson case was resumed tha arst first witness called was valte r J beatie beatle who was simply required to state what time in dec dee december ember 1882 the defendant lef left mhd employ of Z C kil kii MI ile he answer answered eq that he could tell as far as the pay roll indicated this was december alst aist mrs auer was asked for but not bein beld being present PRESIDENT GEORGE Q CANNON was called and bein being sworn testified as follows mr nir dickson mr cannon you are one of 61 the first presidency of the church of jesus christof christ of latter day saints A yes ies sir hilr Q how lo 10 long have you held that office ii A about four f our years Q how long have you been a member of the church A about 45 years Q how long have you been a resident rest of this city 7 A thirty seven years i Q have you ever officiated mr cannoning Can cannon in the celebration of plural marriages in the endowment house in this city A 1 I cannot say about plural marriages ria iia I 1 have officiated many times in marriages m al ages Q how ion lon long iong t since you first officiated I 1 a A oh nearly 20 years Q dodou do you knowis any record r ofa 0 marriages celebrated in the thip endows ba d 0 OW ment house is kept A no Q you have record 2 A never a record of ann any mames g I 1 have not officiated lor inana years tears Q when you were in the habit of officiating were records kept A to were Q have you seen ahem ur mr cannon t L A chave I not of qi at the time you officiated officiated the act under which the church was incorporated corp orated required these be recorded A I 1 do not know I 1 do nod not kemem ber her the tenor of the act r Q khow chow long iong since you bod officiated in that capacity A it Is a good many years I 1 have haie I 1 occasionally officiated for friends fori for instance a man wanted to be married and wished m a to celebrate the ceremony I 1 have attended to it Q how hov recently A 21 the last was the case of mariter Mr Riter and miss mibs jennings Q how long ago A I 1 cannot speak definitely its it is within two or three years Q do you know whether any record was made of that marria marriage e A I 1 do not als Q IS there any rule or record or book b ook which persons about to enter marriage are required to siv siz sign before the cerenio ceremony ny is entered upon AI A I 1 have hafe never known of nay thing of the kind Q have you ever heard that there was any buch such such guch A no sir Q have you ever inquired mr cannon whether a rec ree record ord of this marriage was kept AI A I 1 have not Q Is there any means known to you by b which those in authority in the church can determine whether or not members of the faith had been married or not A I 1 do not know any means that I 1 can suggest I 1 am not familiar with means Q bif if you desired to ascertain that fact in any case do you know of any means by which you could ascertain A I 1 do not know except by bv taking the words of the parties the themselves melves Q suppose that the alleged married parties were deceased and a question of the legitimacy legitimacy of the children should aci acl arise do you know now ot any means by which wilch you can ascertain their legitimacy A I 1 do not know of an any means meant in the case of mr air riter kiter and I 1 miss luss jen nines I 1 think they asked me to write them a certificate Q do you know whether it Is customary r to give certificates A I 1 think it Is not usual Q Is there no means taken to preserve s the names of those who have ave been married there temporarily or permanently manent ly A uen ren when I 1 performed performed formed the ceremony it has been t the ter a custom with me to write the names on a small ilip slip of paper so as to enable me in solemnize ing the marriage to know the names Q from what source do you get the names A I 1 have generally written the names as s given by the parties Q what is the object of getting these names A so as to be correct Q you wished to have the names on your mind when you per performed forme d the ceremony are these names put on chiq this slip of paper pape for any other purpose AT k not NL ot to my knowledge r avith that slip 0 A Gene generally rilly passed to one side Q not given to any other othen person ai 1 I have not passed it Q do you know when you read from the te papers when you perform the cerero e any ny that chat there Is anybody to take down the names as hey fqy are pronounced by the tho minister I 1 I 1 A ano noonern one in my presence ai Q NO one to your knowledge 1 A noflie 0 sir qi Q berb perhaps not in your prese arese presence ni ce but behind wet Wel the veil veli A 0 outside the scaling room persons could not hear bear and und and no one wrote names in my presence 1 Q DO you Af afteme after tere ahe dhe ceremony is performed destroy the ithe slips of paper I 1 A yes sir Q ar gedo do you report the names to 0 aly any other 9 person A ilver did ald ewhen parties are arm going lutot into luto the bhe endowment house for any purpose that is to celebrate any rite ofine church or to partake of any sacrament of the church is there theno any jook record or paper in which they are required to sign their names A 1 I never knew of any there any case in which the nam names e s are required to be written on a roll act ari ae A I 1 do not know as 0 o the practice now I 1 do not know whether there Is 15 anything af pf that kind I 1 suppose some record would be kept of endowments 2 owhy why dodou do xou you suppose so AI should imagine there should he pe some record records ar Q you think there ought to be have you never taken pains to inquire A I 1 never wished to be ae employed in that waysl way I 1 prof prefer or not got to be e ac acm act quainter quain ted I 1 i Q T hat is the tha case hobe kose chose ja n audgo authority r ity as ag far as hyou know I 1 b ir AI I 1 should imagine soa 04 laugh ter i i Q if I 1 understand you correctly in earl eari ea y days when you were in the haak habat of officiating a record was kert kept 1 w 7 ayr ayi f think so There codI refer to Js parties wilo who come to receive their endowments their names I 1 pre SUM su ma would betaken betoken be bT taken qi 4 iam lam abt informed as to what ean by receiving their endowments lik ilk A tiey rhex they go to pass through the phe he house yag yop aft asked or ceremonies T hav no connection with ma marriage ft I 1 I 1 P x I 1 Q da you iou ay 40 ly tas yas As ggs toblan oi of that record AI A I 1 do not ae Q fad owr A perhaps s I 1 did I 1 wish you to understand that I 1 have not officiated in the i endowment tant house cpr ta A i great many tye r I 1 it Is 0 1 Iuppo suppose luppo se f ully fully alf fifteen teen years since Q dg you jou believe belleve mr 11 cannon s tea you yov couin couig ascertain lehel hid hie 1 whereabouts of that phat record sif if you 4 desired estreito to do doso boso so AI A 1 dp donot not think I 1 could coula Q Is ia there any one who baethe has the care of the endowment i house who has the custody of the ther property of df the church in the dhe endowment house houe I 1 whose duty it is to look afar the house kud and property lt althere A Z there thero is a woman cleans the ho house butcho but who she seq 14 1 1 I do not know Q Is there any person who has a the he care of any property of the C church rc h that is in t the a endowment house housez ae A idid edid I 1 did not know oft any conein one in those days more than I 1 speak of and the janitor at the gate M mr thamas thomas where the keys keyo depty 11 ll l l Q cannou ai give ve mo me the names ct those authorized 1 during the year yean yeara yearn to marriages indis eit cit city 1 i 1 sa 7 A I 1 do not know i Q you do noti know th the iiames flames names of an any W L the names nables bf several who might I 1 solemnize mair marriages lages bud but Whether they do solemnize them I 1 do dd not know there are I 1 say severa authorized but I 1 do not think unless it be in the case of mr nir riter of whom I 1 have spoken I 1 have solemnized any marriages k Q who else solemnized ni marriages durl duri during 1883 IW ati ael A I 1 think mr taylor Q anybody else elsel to your knowl 4 f ed edge kei hei I 1 ir f t ie V I 1 I 1 A I 1 suppose any oi of abit the hii lii twelve have the right to solemnize marriages Q you say aythey they have havethe the right to solemnize plural marriages AI A I 1 do not know of any distinctions distinct distinction lont loni formerly the apostles were the ones who attended to these marriages but latterly a veat many others have been authorized Q give me the names of the apostles A wilford woodruff this city lorenzo snow bri brigham ham city erastus snow st george W P D richards ogi og i den ien brigham young xoung youn this cit city y albert carrington this city moses thatcher logan F al lyman tooele thoele john H smith in england on a mission deot geo teasdale ap nephi phi and heber J grant gran it this city f Q in order toL to authorize a bishop to golem solemnize nize marriage the authority must be conf conferred erred upon him by the president J A it ought to be J 1 I well weil ale aie are the bishops authorized to celebrate marriages inthe endow ment house as well as elsewhere A some are f Q does it require a special author ity to celebrate inari marriages ages in the enzi endowment house A I 1 do not know that it does if they officiate there probably at tat tend tendo d marriages as deuas M to othe othera ordinances ordinance 1 I i v Q do you know any of the bishops in n the city that are authorized ani ank al A 1 l do not know any person who worked in the endowment house in 1883 1 I expect I 1 could probably form an idea but from any knowledge I 1 do not know anybody laboring la in the en downend hause SUSAN BUSAK E testified I 1 live in the city on west temple tempie temple block have hate seen defendant and lydia Sp spencer spender ender endor havo haeo seen him at my house since last may lydia occupied rooms there irom june last till 8 or 10 da days dats s ago dont donit know where she is she did d not give up her rooms when as she eill eili left f she had two rooms a kitch kitchen and aud be bedroom I 1 saw defendant in iti the be bed aro room om which was wa i s also the sitting room it was about midday I 1 think did not see him come comb in or leave leav dont remember seeing his picture there never had any conversation with him FREDERICK CLAWSON am arn brother to the defendant have known lydia dla dia spencer for about 5 years haye have visited defendant at his house lii lil in the ith irth ward met his wife there florence have seen defendant and lydia together on the streets anil aud once or br twice atthe at the Thea theatre it may have been this yean year never spoke to defendant about his relationship with lydia lai nor heard beard anyone else in his bis pres presence ence speak salea of it tt I 1 my lne mothers name is mar garat G agn aint t know where she is she left lef t it home e yesterday am not a member of zhe the the 1 ward M 1 I association cia cla tion noi nor a res tes resident ident of that ward have visited the association but nger noer saw lydia there ralo lalo j s AUER was a recalled she merely stated that she a could not dot tell the names of t the he tenants of her het libuse house on third south street where lydia once lived t they hey know nothing further bf my daughter sll since kince yesterday JAME james Es E canet CANEs CAE recalled for the defense was lyas asked to peat the conversation he cla cia claimed aimed to have haye had with the defendant in which the latter IS 1 alleged to have admitted that nhat lydia dia dla Spencer 1 was his second he repeated his former formen statia statement 1 ho he was waa asked basked if anyone else was present ht at the time and answered that he could not say whether there was or not but he thought not he lle was then asked if anyone was present when his second conversation with ahe the defendant about the first one took place I 1 1 cc and said he thought orson Rogers rogers was and perhaps others he volunteered volunteered having said to the defend defendi and at this time when the doubt was wag referred to 1 I dont care adain if I 1 am asked ill have to tell teli the truth I 1 mr abennett MB ennett bennett ils Is it not true that when the defendant said there was a doubt ts as to what was said by him in your first conversation that you re replied glied well by jove I 1 aint dont know what w you did nid say witness it Is is not true ORSON E said I 1 am a member of the amor mon inon church I 1 lam iam am a bishop in the church in the ward I 1 have been bishop of that ward since 1878 1 I dd not know definitely whether the def defendant an was a resident of that ward in n 1882 and 1883 I 1 had been absent for tog twenty one months iu in england robert patrick my first counselor acted as bishop during mr absence I 1 returned in july 1883 I 1 have ave bee been d a member of the ward mutual improvement pro association I 1 attended perhaps two or three meetings during the months of february march and A april p 4 0 ot this year I 1 know lydia spencer eb by y sight sight I 1 do not know that she was a member of that association I 1 I 1 never inet jnet her there I 1 have known the defendant from childhood almost been on friendly terms with him always have met him frequently of late years I 1 have never neve rhad had any conversations with himles him as to his marital relations that I 1 know ol of never neven remember to have alluded to it in hll hil his bis presence predence sence tence nev nav never er heard it alluded to by any one else in his presence PATRICK was ivas the next witness vit ness I 1 live in the city have resided in the ward 20 years am an elder in the church acted As a bishop during bishop Whit whitneys ab abe abs 4 sence sebee in england this was nearly two years know the defendant by sight bj could not say he resided in the taa eward award awara a ward wara then s he ac never spoke to me about ia a m marriage lage with Lydia spencer nor apt plied to me torja toria permit to tb get mar ried was wis a member of the ward mutual improvement association in january february and nd march last d 10 not know lydia 8 pencer pender and nevel saw her there that I 1 know of once olce I 1 think CROXALL CROX dU I 1 know the defendant und and florence his wife bif a dont know lydia spencer t lived next door to defendant in im th the ward never liever visited them FI florence or visited me but never with defend defendant never blaver met them la iri company ie and lydia leeoin la company I 1 ji 1 know the clet ctet endall bave nave resided in the city all my life ilfe abs ahi am Int intimate imatt mith alth with all the cli clawson ason family dont know any lady named lily llly clawson wa ayah nyah a j mei mer member pf af the eighteenth I 1 teth ward al MI I 1 association last w winter uter it met inet once a week in the even evening g know no lydia spencer by sight hight am not positive oil but think I 1 have seen her once a at t the association same as to ta the de fending fen ten dant dint ard the called from the roll inferred it ii was lydia spencer that was it had bad been rumored she was defendants second wife bif a this was only rumor No however wever never heard her respond to the name called but understood bhe one had joined the society never heard lydia spencer spoken of as lily clawson or lydia clawson or lib clawson or mrs airs clawson the re defense objected to th this evidence from where the witness said he be inferred the n name |