Show THE IDAHO TEST CASE full report of the proceedings THE AND THE DECISION fi lit III the district count of the third I 1 judicial district territory of idaho county of bingham held at black f foot before the hon C V H berry judge H 8 S WooL Licy plaintiff C N WATKIN W vs defendant H M bennett intervener when came up to be heard beard at 2 on the eth dinst be fore judge berry in the J adrove court it was suggested that H M hennett bennett esq district attorney for bingham count county take part in the proceedings in so far as they related to the teresta of nf bingham county whereupon regon mr air B bannett annett accepting the suggestion moved the continuance of the case until wednesday the dinst ansti that lie he might be better prepared to take part in the argument un on wednesday at 10 a m the case was called when mr bennett filed a petition of intervention and asked that H W smith be entered as attorney ot of record for the intervener B R 8 spence esq of paris bear lake county represented the defendant 0 R N watkins and J L rawlins Baw lios esq ot salt lake city appeared tor for tae p plaintiff la lat thus making a tripartite tri trl partite proceeding ce e ding the question at issue may be stated as follows the plaintiff on the alst day of september last applied to juaire berry that a writ of mandamus should issue against C N watkins registrar of voters in and for bear luke lake county paris pans precinct idaho setting forth ferth that the plaintiff plain tin tift was not a member of any order organization or ad association which teaches advises or encourages its members or devotees or other persons to commit the crime of polygamy bigamy or any other crime defied benned denned by law either either as an a rite or oi ceremony of such order organization or association or otherwise and commanding the said delen defendant dant as registrar to allow plaintiff to register as a a voter in paris pans precinct the court issued an alternative writ requiring the regis arar to show cause before the courton the day of october why the writ should not be made absolute and he be required to allow the plaintiff to register the defendant made answer that plaintiff is a member of an 0 organization r known as the mormon C 1 in ft idaho territory which organization teaches advises or encourages an and d counsels its members to commit the crime of polygamy and bigamy etc and he be was permitted to come in and defend the claim made by the plaintiff and to show cause if any there were why such pre emoto ry order should not be made after a good deal of legal filibustering ng as to ib whether the burden burdea of proof should be upon the plaintiff or defendant the court decided that the plaintiff should take the affirmative as it was plaint his duty to prove that the crime of polygamy had been bean abandoned by the cormon mormon coulch whereupon the court proceeded to hear the evidence in behalf of the plaintiff C W being duly sworn testified as follows Q where do you yen reside A I 1 reside in paris iu in bear lake county idaho Q how long have you resided there A I 1 have been there for about three years Q axe are you yon acquainted with HS H S eythe plaintiff in this case A I 1 lam am Q where does he reside A he resides at paris Q how long have you been acquainted quain ted with him A I 1 have been acquainted with him for about ten years or more Q you may state whether the members of the mormon church in bear lake county have an n there and it if so state what it is A it is called the bear lake stake organization of we the mormon church Q you may state as far as you know bow long that organization has existed A it has existed something over ten years Q who is the head of that organization iza tion objected to as immaterial overruled A william budge badge is the head bead of that stake Q he is the president of the bear lase stake of the mormon church A yes sir Q state whether the plaintiff in this case is a member of that organization A he is Q objected to as immaterial overruled and exceptions taken Q he is a member of that church A yes yea sir Q how long has he been a member A ever since that stake was organ ailed Q are there other organizations of like nature in the territory of idaho A yes sir there are Q how many are there A there is the e oneida stake the cassis cassia stake the bingham Bing hara or bannock stake I 1 believe and the malad stake Q each of these is organized with a president as the presiding officer of that stake of the mormon church A yes sir air Q WHO presides over all these stakes or is there any general supervision overall over all of them A the present body that supervises all these stakes is bathe ake twelve apostles abc Q they have general erv vision 61 over all these stakes es iu in territories where they have a awl members bip A yes sir air Q are you or have you been familiar wilh the teachings of the mormon church as to whether the organization of which woolley is a jeraber me raber is that organization or laas enot advised or counselled counseller coun selled or encouraged or does it now advise counsel or encourage any person or members in the commitment ot of the crime of poly polygamy amy or hi bigamy my as it is defined by flaw law A alfia yes sir I 1 familiar with the teachings of the Of Cf furch Q does that the adelca addic p indicated by the foreia foregoing ing ques question tiOU A no sir air it gives advice to 10 the contrary cross examination by smith Q are you a member ot the mormon ch church ach A I 1 lam am Q how long have you been a member A ever since I 1 was ten years of age Q doroa do you belong to the same local subdivision subdivision of the church as the plaintiff does A I 1 do Q are you a bigamist or polygamist objected to as immaterial incompetent and irrelevant overruled aled and exceptions taken A I 1 am a polygamist Q when did you yon become a polygamist A some 10 years ago Q how many wives have you A I 1 have three wives Q when did you marry the last one A between four and five years ago Q where were you living at that time A I 1 was living at Logan Cache Cou county rity utah Q what induced you to marry these extra wives objected to as immaterial and irrelevant overruled ver ruled A the church taught that doctrine ai at time Q what church taught that A the organization to which I 1 belon belong taught that at the time Q Is that the utah branch of the mormon church A it was the cache county stake of the mormon church qa Q that is known as the regular church the mormon church of utah as distinguished from the reconstructed strutted ted d church or josephite Josep bite church chuoc h A yes sir Q you say you married your last wite wile five years ago A yes sir Q did the church at that time teach the doctrine of plural marriage as a belief or tenet of the mormon church A well that is a wide question Q was it il taught as a revelation from god ged direct A yes sir it was Q examine this part of this book denominated the doctrine and covenants at section page it is called the doctrine and covenants of the church of jesus christ of lat ter day saints and was compiled by orson pratt will vill you please examine it A yesa sir Q and especially the part I 1 have referred you yon to beginning at ac section A it state it i is a revelation i including the plurality of wives Q Is that the revelation taught to you A yes sir partly so Q this is accepted by the church as the immediate and direct revelation upon that subject in these latter days is it not A yes sir it has been so accepted the part of the book referred to off erred berred in evidence objected to overruled attorney reads section down to and including the close of that chapter on page 0 pate I 1 understand you to say pay that four our or five years ago the church taught this as a divine revelation reve latton A I 1 dont think I 1 said that isaid I 1 said that four or five years ago or perhaps three or four years ago that doctrine was sometimes taught Q sometimes it was taught and accepted as a revelation from god A yes sir Q what did you say as to the church teaching this doctrine that all ail those who have this law revealed to them must obey it A yes sir air with some qualifications there are other thin things s in that book that qualify that part Q will you point out those things which qualify that A in section 68 58 on page is 66 qualification let no man break the laws for he who keeneth the laws of god goa hath bath noneen to break the laws of the land 1 A Q when was that revelation given A it 1 was given august 1 1831 Q that was some twelve years before this revelation on plural marriage A yes sir Q when according to the teachings of the mormon church was this revelation promulgated as a doctrine A in 1852 Q that would be about 9 years after it was said mohave to have been received A yes sir j Q was it t after the church came td utah A yes sir air Q it was accepted by the utah church in 1852 1862 A yes sir air Q under the doctrines of the church what person or persons are entitled to receive re revelations relations for the government overn ment ot of the church A the resident president Q who Is the president at the present time A there is no first president now Q who is the prophet seer or rev 1 elador at the present time A when I 1 the first presidency is organized the church has then what we call a president now the apostles who are equal one with the other have a president ol of that body and he is the president of the church at the present time Q Is lie he the prophet and seer beer of the church yes sir air S who is it A wilford wood run c i Q how long has he be asted as such A L since president taylors death Q how long ago was that A it was a year tear ago last july Q since july 1887 wilford ruff has acted as revelator for the mormon church A yes sir air Q who preceded him A president taylor Q how long had he be acted in that sagacity A from 1880 to 1887 Q he was president about seven years ears prior to that time A yes yea sir air Q how are these revelations for the government of the church promulgated to the church and when A they are generally accepted by the elders of the church and by a conference of the people before they become binding upon anybody they mast be accepted so Q when are these conferences held A the they are held quarterly throughout all the leakes stakes Q are they promulgated at the quarterly erly or semiannual semi annual conferences conference sY A they hey are promulgated at both probably Q the church holds a semiannual semi annual conference of the whole body A yes sir Q and they hold a quarterly conference in each stake A yes sir air Q these revelations are prom promulgated ulFat at either one or toe the other of these conferences A there have been no revelations promulgated for a number of years there have been instructions by the presiding authorities given as the laws of the church not necessarily as the law of god but accepted by the people as the law of the baurch Q you say there have been no revelations tor for several years A no sir s r Q when was the me last given A I 1 dont remember Q about how long ago A it has b been een about 7 years or more Q seven years ars ago this church was teaching tx this revelation and actively pro propagating it among the people A Yeo yes sir ir the doctrine was taught st the time J Q and marriages were regularly celebrated under it A I 1 dont know about that Q what is the history of the church in ia regard to that thai were the marriages regularly celebrated or not A some were celebrated celebrate ct in utah at the time and I 1 think there is perhaps I 1 percent per cent of the population maybe ax 1 per cent of the population of the mormon church who are in the practice of polygamy A man may be a mist cistand and not criminally liable Q are these marriages celebrated in idaho A no sir air Q why A I 1 dont know that I 1 could say about that Q Is not the reason because the endowment houses and temples lire are in utah where these ceremonies take place A no sir not that exactly they could be celebrated an anywhere W here Q how long since that instruction T at ruction has hai been given A they could be celebrated anywhere under the direction of the proper officers of the cauich Q there is one mau man who holds the power to authorize these marriages A yes sir air Q and he be generally resides in utah yes Y sir Q you say this ceremony can be celebrated anywhere A I 1 have heard of it being celebrated cele orated outside of the Q have you heard of their being celebrated in idaho no sir Q this one person who holds the power to authorize these marriages resides in utah A I 1 believe so Q does he not reside there now new A it would be difficult to say Q who is that member at present A wilford woodruff Q his home is in utah A I 1 could not noi say he may be in mexico for all I 1 know Q you dont know where president Taylor was during the last two years of his life the court states that this is an improper question Q does not tots book of doctrine and covenants contain the tenets tenet of the church A yes sir some of them Q what other works are published that contain them A the bible and the book of mormon Q these doctrines in this book are the accepted authority of the mormon church A yes sir they are accepted as authority by the people Q when was tills this revelation on polygamy repealed it if ever A well f 1 could not answer as to the question when it was repealed I 1 dont know that the revelation has been repealed I 1 think most of the mormons cormons believe in that book bok Q well it is still accepted then as a divine revelation A yes sir by uie the great majority of the church Q you mean that the greater part of the utah church still accepts it as such revelation A yes sir air I 1 think the great majority do some dont accept it Q it is however recognized by the majority of the people authorities as a doctrine of the church A the people as a rule believe in the divinity of the doctrine Q when did they cease to preach this thia openly and publicly A in idaho since the decision of judge hays two years ago there have been positive instructions ever since he declared that test oath valid by apostles and others who have visited this section 9 and by the presidents of stakes instructing strutting str acting ting the people that this doctrine must not be taught Q Anda and since ince that time I 1 understand tho the public teachers retrain refrain from mentioning the matter A they have given iven anstr actions n their meetings and in stake conferences tha ta doctrine must not be taught Q I 1 understand that and what they mean la is this that this doctrine must not be preached in public A yes sir air Q that is about two years ago you yon eay ay A Ys yas two years ago these instructions were given Q since that time there has been no revelation given on that subject A I 1 dont know of any revelation on this subject for more than seven years or on any other subject Q and you have heard of none A no sir air ony only those instructions which I 1 consider as valid as a revelation Q who promulgated that instruction in bear lake A I 1 have beard john henry smith and mr budge and others of the elders and we have taught it in our paper Q what paper is that A it is the bear lake independent an organ of the mormon church in idabo Q when you answered mr rawlins that thoy they did not teach this doctrine that is id what you ou meant A yes sir Q you dagnot did not mean to say that in the authorized works ot the church it to is sot still taught and promulgated D b the church A I 1 say it is not taught and promulgated I 1 say the majority of the members believe it and believe in the divinity of the doctrine as much as they ever did for one I 1 do but bur it Is simply sim ply not taught and never has been practiced in idaho Q on whose ant authority hority are these books published are they not puk pub dished by the church the atio authorizes the publication of these |