mm*" mmmmmmm

PEICE TWO CENTS. SATUEDAY EVENING,

, ~

857 MORMONS STILL PRACTICE POLYGAMY

President Smith Gives Statistics and Denies that Plural Marriages Have Been Cele­

brated Since Manifesto.

New York Sun Special Service. Salt Lake City, Utah, March 5.—Edna L. Smith, one of the Ave wives of

Joseph F. Smith, president of the Mormon church, emphatically indorses all that her husband has said on the witness stand in Washington relative to polygamy.

"I am a plural wife, and I am piroud of it," she added. "I want all the world to know I am positive that the doctrine of polygamy came to Joseph Smith, the prophet, as a direct revelation from God.

"I know this as much as I know that I am a happy woman; that the years of my life as a plural wife have been happy years, and that I have never once regretted the step I took in marrying Joseph F. Smith.

"T am proud that I am his wife and the mother of some of his children. She was married to Joseph F. Smith in the early sixties, and the same

time that her sister, Juliana, was espoused by the Mormon leader. Smith's first wife, Lavinia A. Smith, his cousin, always refused to accept

the doctrine of polygamy, declaring that it was foisted on the Mormons for convenience. When her husband married the Lamson sisters, Edna and Juliana, the first wife went to California and there secured a divorce. About the same time, Smith secured a church divorce from her. She is now dead.

Smith married the Lamson sisters with one ceremony on the same day in the endowment house. tf

"This inquiry about Senator Smoot is nothing short of persecution, con­tinued Mrs. Edna Smith. , ^ „„

"The whole world is in arms against us, but that does not make us abandon what we know to be the true gospel."

In addition to the Lamson sisters, Smith has three other living wives. They are: Alice Kimball Smith. Sarah E. Smith and Mary T. Smith. The last is a niece of Apostle 7ohn W. Taylor and the mother of President Smith s most youthful children. She has five children who range in age from a girl of 4 to a boy of 12. «.+>*—.

Mrs. Mary Smith's mother resides with her. Mrs. Schwartz, the mother, is emphatio in her expression of belief in polygamy.

BARRY PLACED ON WITNESS STAND

Expert Accountant Is . Called to the Capital by a Sub­

poena.

Examined Under Oath on His Work in the State Audi: ~

\. tor's Office.

PERRY HEATH MAY FIGHT COMES TO AHEAD TO-DAY

Postal Officials! Will Try to Indict Him for Alleged

Frauds. ,

Public Examiner Says It Was Only Way to Get the Work

Finished.

Washington, March 6.—Attorney A.' 8. Worthington resumed cros^-exami-nation of President Smith Tor the de­fense in the Smoot inquiry. He asked Mr. Smith if he had any statistics showing the proportion of polygamists among Mormons.

Mr. Smith said his recollection is that when the Utah commission was created in 1882 and undertook to ad­minister the laws of the territory. 12,-000 polygamists were excluded from voting. "As the women vote in Utah," he said, "and as it requires two women to one man to form polygamy in the state, probably the number of males excluded as polygamists would not be more than 4,000."

Senator Dubois exercised a right to question the witness at this point and said the population then was about 220,000 and of that number there were about 50,000 Gentiles. These were excluded from consideration. He said President Smith's statement of the percentage in polygamy included babes and children, and that he ob­jected to having Mr. Smith's state­ment go before the . country.^unchal; lenged.

Number of Polygamists . After a further statement of the

number of polygamist families in Utah, Mr. Smith read from an inter­v iew he gave to a representative of the Associated Press in 1892, showing the following:

"In 1890, at the time of the late President Wilford Woodruff's mani­festo, there were 2,451 such families.

"In October, 1899, it was found that this number had been reduced as follows: , , - .

"By death, 750; by removals beyond the confines of the republic, 63; by divorce, 95; leaving at that time 1,543."

"It is now ascertained that the ori­ginal number has been reduced by 1 554, or 63 per cent, leaving only 897 still living and that the great majori­ty of them are of advanced age."

Senator Dubois asked if any United States officials now took statistics on polygamy, and the witness replied in the negative.

"Then," said Senator Dubois, these figures are only church statistics." .

Son Not a Polygamist. Mr. Worthington asked regarding

Mr. Smith's son, Hiram Smith, and was told that he is 32 years old and has a wife and children, but is not a polygamist. He i3 one of the twelve apostles.

The first counselor now Is John R. Winder. He and his fellow coun­selors and two apostles have been ap­pointed since Mr. Smith became presi­dent. He said he could not say whether these men are cohabiting with more than one wife, but that "they are reputed to be the husband of more than one wife."

In regard to John Henry Smith, a cousin. Mr. Smith said their families are intimate, and "I am strongly in­clined to believe he Is cohabiting with plural wives."

Referring to Senator Bailey's ques­tions yesterday in regard to the mani­festo, Mr. Worthington read from a sermon of President Woodruff deliv­ered a year after the manifesto against plural marriages in which President Woodruff declared that he was moved and 10,000 Latter Day Saints were moved bv the soirit of God to abandon the practice of plural marriages.

Bailey's Contention.

Senator Bailey contended that this was in obedience to the demands of the law or fear of the consequence of the law. Continuing he said: "For m y part I don't have much faith in a doctrine that does not get a revelation commanding a change of conduct un­til there is a statute compelling it.

"All that of course, is a matter of opinion," said Senator Foraker.

"I don't think it Is a matter of opin­ion, either," said Senator Bailey. "I myself have been compelled to sub­mit to certain rules just because it was the law and vicious law at that, just how far I would have submitted if I had received a revelation from God to do something else, I am not prepared to say. I think the whole thing was more a matter of law than of revela-

"When the laws were passed, which were not in harmony with the teach­ings of our church," said Mr. Smith, "we held that they were unconstitu­tional. Of course our own rules commanded that we obey the consti­tution of the land, but we fought the \-aliditv of the new laws from the low­est to the highest court, and, when it was settled by the supreme court of the United States that plural mar­riages could no longer be indulged in, of course we were inclined to obey."

Revelation Obeyed. "But we had a revelation on our

own statute books in regard to plural marriages and it was necessary to obey that in order to obtain certain blessings that could not be received

without obeying it. Whether w e should obey the law of the land or continue to practice the law of the church was a serious question.

"We hold that the president of the church is entitled to receive revela­tions inspired by the Almighty God. President Woodruff sought guidance from the Lord and the Lord made it manifest to him that it was bis duty to stop plural marriages.

"He proclaimed that revelation and it w a s submitted to the entire church and accepted by the entire church and thus became binding and from that day to this the law of the land has been kept so far as plural marriages are concerned/'

But there is a great difference be­tween taking a plural wife contrary to law and In taking care of the wives taken before it was a violation of the law. I would not desert by wives. I would not abandon my children. I will run my risks before the laws."

President Smith's voice shook with emotion. He showed more feeling than he had at any previous t ime ex-blted as he leaned forward and said:

?,But it i s to the laws of Utah that I am answerable, It is the laws of m y state that has the right to punish me. The courts of Utah are of competent jurisdiction. Congress has no busi­ness to interfere with m y private af­fairs."

Smith Resents Inquiry "if the courts of my state do not see

fit to call me to account for m y con­duct I cannot help it. Congress has no right to interfere—it has no right to pry into my marriage relations and call me to account."

Chairman Burrows at this point questioned the witness. H e asked:

"You say you would not abandon your wives or your children. W h y do you consider it necessary to have issue from your plural wives in or­der to clothe and care for your chil­dren that had been born before un­lawful cohabitation became a crime?"

"Because my wives are like other women. It is necessary to maintain peace, harmony and good will between myself and my good wives. This is the kernel in the nut. Thatis why I have chosen not to obey the laws of my state prohibiting polygamous co ­habitation."

"The church gave me m y wives, and I do not think the church could be consistent in taking them," said

John Barry, the expert accountant employed by Public Examiner John­son to check over the books of the state auditor, was summoned back to the state capitol to-day by a sub­poena. He was summoned at the in­stance of the public examiner, who had been waiting two months for the expert to return and finish his work, and finally resorted to his judicial power to compel the unwilling ac­countant's attendance.

On Mr. Barry's arrival . he was placed under oath and examined by Franklin H. Griggs, attorney for Mr. Johnson. He was asked many ques­tions about the work he had done on the books and records of the state auditor's office. While at the work he made many statements as to what he had discovered, and turned over vol­uminous written memoranda to Mr. Johnson. The examination is for the purpose of putting this material in shape for a report to be made to thja governor, as the law requires.

In explaining the proceeding Mr. Johnson said this morning:

Mr. Johnson's Explanation. "I have not seen Mr. Barry since

Jan. 7 and he promised me then he would be down on thte 18th and finish up his work. I have expected him every day since. He did not put In an appearance, altho his friends frequent­ly promised he would be here.

"As it was necessary to get this work done and the report made, this department issued its subjoena yester­day. It was served by the sheriff last night and Mr. Barry Is here this morning. These things explain them­selves and there is nothing further to say at this time."

Cummins' Opponents Active in . * the Polk County Convention

at Des Moines.

Blythe to Be Indorsed for Dele­gate, Which Will Be a

"Standpat" Victory.

Governor to Be Deprived of Bight to Name Forty-one Del­

egates.

ARTHUR THREE DAYS Warships Begin Attack at Long Range and Hurl

Shells at Intervals from Monday X Until Wednesday. £

/ THE WEEK IN THE FAR EAST

Barry Does Not Enjoy It . Mr. Barry's attitude is that of an

unwilling witness. Since quitting the work he has made some contradictory statements, and does not appear to enjoy the position in which he is placed. On Jan. 2 he wrote a letter to R< C. Dunn, the former state audi­tor, say ing that he had found nothing to reflect on that gentleman's integri­ty. ' (This letter was published as a testimonial in Mr. Dunn's campaign book. Later, on Feb. 16, he wrote another letter, explaining that he had not finished the examination and that his opinion was therefore not final. He has, promised repeatedly,to return and finish th£„£xamination but failed eaeh time.

PERRY S. TKEA f̂c OF INDIANA, First Assistant Postmaster General.

New York Sun Special Service-/ Washington, MarchB.—Perry'Heath

is not yet out of the -woods. If the postoffice: officials Scan ge t a bill now pending in the house made i n t o a law, they will promptlyjtpr to indict the former first assistant ^postmaster gen­eral and secretary of the republican national committee for his alleged participation in the postoffice frauds.

The bill was introduced by Repre­sentative Jenkins oft Wisconsin, chair­man of the judiciary committee. It provides that the nmitations in crimi­nal cases as set forth; In the revised statutes, in Section 1044, shall not ap ­ply to prosecutions,which' may be in­stituted against officials, agents or em­ployees of the United States.

The judiciary committee, in making its report, says:

"There appears to be, no good rea­son why the new legislation should not apply to offenses already com­mitted, where no indictments have been found."

Heath left the postoffice department three years and a half ago. The new law, if passed, will go back five years, and Heath's indictment will be possi­ble, if postoffice department officials have the evidence they claim to have.

.«2

The strict censorship maintained by both Russia and Japan has prevented •* ̂ -,| -The anything but the most meager rumors of operations in the theater of war "old from reaching the outside world.

It seems that the Japanese are concentrating on the Yalu river and_that the Russians are preparing to cross the river and invade Korea. Reports differ as to the strength of either army. Japan is said to have 120,000 men north of Seoul and Russia about 177,000 in Manchuria.

There have been rumors of land engagements, but none has been con­firmed. Monday, Tuesday and Wednesday the Japanese bombarded Port . Arthur, but nothing has been received to Indicate the Importance of the attack.

The Russian squadron still remains at Vladivostok. There is nothing new as to the situation at that port.

Dispatches are confined to descriptions of early engagements and to eon-* jectures by correspondents.

King Edward has assured Russia that the British official attitude will b» strictly correct, thereby minimizing the possibility of a world-wide war.

The Russian newspapers have devoted much space to the attitude of the United States. Early in the week, war with America was discussed as a*

ing special reference to his tariff ideas. | possibility, but later the editorial tone became quieter. \ Captain Hull, in an authorized inter

Special to The Journal Tientsin, March 5.—Port Arthur has been subjected to a three-days*

Bpeoial to The Journal, Des Moines, Iowa, March 6.-

•ffort of the remnants of the machine" in Iowa to count the Hull victory in Polk county a Cummins defeat will come to a head at the coun­ty convention this afternoon. Gov­ernor Cummins has heretofore been accorded the courtesy of naming the forty-one delegates from Polk county to the state convention. It is the in­tention, to deprive him of that cour­tesy this time if possible.

The convention will have 167 Hull delegates and 67 Prouty delegates. If, as suggested by the "standpat" news­papers, a Hull man is. necessarily an anti-Cummins man, the governor bids fair to meet with defeat.

It is practically decided that the convention will indorse the adminis­tration of the governor without mak

view, states that he has no fight to make upon the governor if the gov­ernor will stay out of seventh district politics.

The convention to-day will undoubt­edly indorse Cummins, Allison, Dolli-ver and Joe Blythe as delegates at large to the republican national con­vention. This will be a "standpat" victory and will be a setback to the aspirations of Senator Funk of Spirit Lake.

The Iowa house has killed the Weeks bill providing for the creation of a highway commissioner and as­sistants in this state.

PREST. NOMINATES REED Names of Northwestern Appointees

Sent to t h e Senate. Washington, March 5.^—The presi­

dent to-day sent to the senate the fol­lowing nominations:

United States Judge—Henry Thomas Reed, northern district of Iowa.

Postmasters: Idaho—Mary A. Wall, Blackfoot.

Minnesota—George E . Carlson, Be -midji.

Montana—Charles D. Howell, Havre.

North Dakota*—Ellen K. Myhr, Val­ley City. - • '

South Dakota—Casper Kennedy, Sisseton.

Washington^—Henry A. Rathven, Marysville; also promotions in the army and navy.

DOCTOR i l E S TO

Application, ,Jtefeve3 Favorable Consideration — Certificate V Will Be Issued.

PRIEST DIES IN BDRNING CHURCH

Two Servants Killed and Others Injured—Church Is

Destroyed.

bombardment. * The Japanese warships first attacked the town Monday and'/ , continued the engagement at intervals Tuesday and Wednesday.

They began by hurling shells into the town from a distance of 9% miles, Then the fleet drew further in shore, the range being 4% miles.

It is not yet known here what damage was done to life and property.

CZAR SEEKS ALLIANCE

European Powers Urged to Combine Against England, and Japan.

Special to The Journal. Paris, March 5.—A St. Petersburg

correspondent telegraphs that Russia is actively negotiating with Germany with a view to inducing Germany to agree to return to the diplomatic grouping of Europe that was effected when the treaty of Shimonoski was signed. This indicates a definflite un­derstanding on the part of the conti­nental powers to counterbalance a union of the Japanese and Anglo-Saxons.

The meat received into Smlthfleld mar­ket every year from the feeding of London exceeds 403,000 tons.

From The Journal Bureau, Colorado Building, Washington. Washington, March 5.—The pension

bureau informed the Journal corre­spondent to-day that Dr. Ames* pen­sion application has been allowed. He will receive a certificate within the next two weeks. The exact amount of the pension was not remembered by the official with whom I talked, and as the papers had passed out of his hands, he had no way immediately of ascertaining.

He thinks, however, the amount Is $8 a month. The maximum under the law covering Ames' application is $12 a month for total disability.

Ames does not allege total disa­bility, so he will get less than the maximum. The back pay will amount to about $100, from the time when the application was filed.

-—W. W. Jermane.

N e w York, March B.—One priest and twof servants wew^ killed and two' other priests were severely injured at a fire which destroyetr^StT Patrick's Roman Catholic church and the ad­joining1 reotory in Long Island City to ­day.

Killed: The Rev. Father Ernest; Mary and Margaret Brady, domestics.

Injured: The Rev. Joseph Kearney, abrasions of face, hands and left hip; the Rev. Father Hennigan, shock and contusions.

The money loss is estimated at $85,-000. The cause of the fire is un­known.

FOR LARGEST OIL PLANT Standard Oil Company Plans .^Refinery

Near Kansas City. Kansas City, Mo., March 5.—The

Standard Oil company will, it is said, build the largest oil refinery in the world at Kansas City and pipe oil 200 miles from Modesha, Kan.

There is to be an acid plant, paraf-fine works, tallow works and the vari­ous other facilities for the manufac­ture of crude oil products. The plant will, i t is said, employ 1,700 men.

Continued on Second Page.

!» • • * • • • • • •«• • • • • • • • • •«•»• • • • •••MM •••«••••*(»

NEW TRIAL FOR DREYFUS CRIMINAL! BRANCH O F COURT OF

CASSATION GRANTS A P P E A L .

Paris, March 5.^—The criminal branch of the court of cassation to­day granted the appeal of Alfred Dreyfus for a revision of his trial at Rennes.

The court held that a sufficient showing had been made to warrant a re-opening of the case, and ordered a supplementary investigation for the purpose of establishing all the doubt­ful points which have been the bases for present application to re-open'the case.

The decision is another marked suc­cess for Dreyfus, altho it is not yet final, owing to the extended supple­mentary Investigation which must fol­low the court's decision.

Dr. William Foster of the department of chemistry at Princeton University has discovered a new acid, hereafter to be labeled with the interesting name of tri-sulphoxyarsento acid.

RUSSIANS F A C E FAMINE

News of Army in Manchuria Shows Commissariat Is Helpless.

Hew York Sun Speoial Service. Shanghai, March 5.—The first au­

thentic news of the Russian, army in Manchuria earned yesterday, and witn" it the report of the tremendous diffi­culties which General Line.vltch. i s at-* tempting to overcome in transporting^ his army from Liau-yang to the Yalu river.'

After ^hostilities had begun and troops were moved down from Muk­den to protect the Manchurian side of the Yalu, ail surplus foodstuffs were seized by the. Russian military author­ities in Kaiping, Dalny, Hai Cheng and Thei Ling.

The cavalry regiments were moved southeast with only three days' ra­tions, having instructions to seize whatever was necessary in the Chi­nese towns of Siu Yen, Funghwang and Kuan Tien. The commissariat department could not keep up with the increased service caused by the additional regiments coming down from Mukden and Harbin.

Nearly all the infantry and artillery are west of the Ta Yang and only the cavalry have crossed the Yalu.

Additional confirmation came here to-day of the Japanese plan to In­vade Manchuria from the east. Sevr eral brigades ' of infantry and some light artillery are well Into Korea from the east side of the peninsula.

It is certain that the army which is to operate in western Manchuria is well across the peninsula and some­where near the mouth, of the Tboman river.

The Japanese army is probably go­ing to the valley of the Huai Yen Sien, and if the operation is successful, will be north of the Russian army that is protecting the Yalu river, and In a position to strike west to Mukden or to the railroad north.of that city to­ward Harbin.

ing In London bodes no good to fu­ture relations between the two great­est powers of the old world. Journals like the Economist see the drift of things and earnestly warn leaders of British opinion against the increas­ing danger. It is recognized that, by the sagacious section of Britishers, who have long urged an Anglo-Rus­sian "understanding" as to spheres_of influence in Asia, conciliatory mes ­sages from the czar, thru Count Ben-kendorff, to King Edward go for lit­tle. Balfour's speech on the naval estimates wag manifestly directed against Russian contingencies.

STORY O F FIRST BATTLE -

WARSHIPS SINK TOGETHER

Japs Escape from Vessel, but Russians All Perish.

New York Sun Special Service. .' Shanghai, March 6.—-A missionary

at Tengchau i n Shan-tung reports that Feb; 26 twenty-eight Japanese Bailors landed there. They reported their vessel had sunk between Port Arthur and Miaotau group islands as a result of an action with a Russian warship, which they state was also sunk, their own vessel sinking after­wards. Two hundred of their men were rescued by Chinese junks and the rest of the crew, they say, are on the Islands and mainland. No Russians were saved.

•i JAPS BUILD RAILROAD

Clash with France Possible Over Con­cessions in Korea-

Seoul, March B.—Japan is ready to start construction of the Seoul-Wi-ju railway at once. Fifteen miles of grad­ing already had been done by the K o ­rean government under French engi­neers, but no rails, locomotives or cars have been purchased yet.

The proposed * arrangement may possibly create an issue between* the Korean and French . governments, as a concession was originally granted in 1896 to French citizens, who, failing to arrange the financing of the road, allowed the concession to lapse in 1899. Under the" agreement, the rail­way was to be built only by the Ko­rean government under the French engineers, with French materials.

A steamer has arrived at Chemul-pho with thousands of tons of mate­rials and construction will now be rapidly pushed by the Japanese.

ENGLAND IS W A R N E D

Russian Officer Describes Attack o n Port Arthur by Japs. ;

"St.. Petersburg, March 5.—A letter from an officer of the Russian cruiser Pallada has been received here de­scribing the first attack by tjae Jap­anesei'upon Fort Arttiur. > s ' The wiHtijr. denies the story that

rttoe^aefcftcers OT-*he.'.Rittsstan: fleet were ashore; -and ctmSnqs 'tne-^statement that the Japanese made use of false lights.

He asserts that at 11 o'clock at night, a practice drill to repel a tor­pedo attack was executed, "and that toward midnight four Russian torpe- >v5 do boats headed back toward Dalny, "V from which place they had come. )

The crews of the fleet had retired, ."1 only the watch remaining on deck. -* The ships were in the outer harbor \ and the captain of the Pallada, which, vessel occupied the advance position, •> had descended from the bridge for a \ last look around before going below, " when he perceived lights advancing. The lights shown were white above *-ji red—being those of the Russian war- £ ships when they enter the harbor. v '**

The captain of the Pallada supposed ~fl the approaching vessels were the Rus - ', sian torpedo boats returning from -,j Dalny, .and his suspicions were only -^ aroused when, upon drawing nearer, ** they covered and uncovered their -^ lights at irregular intervals. The sig- $\ nal tower signaled that the lights were) ^ not understood. "j

At this -moment the Pallada's cap- Jjfa tain made out the outlines of the tor- '*k pedo-boat destroyers' smokestaaks in y® pairs, amidships. As the stacks of the Russian destroyers are In line fore and aft, the crews of the Russian ^ ships were instantly called to guar- 5% ters. 4;j

In less than three minutes the Pa l - ^ lada's men were at their posts, orders were given that the guns be Charged with grape and a fierce fire was opened on the oncoming Japanese.

The battleships Czarevitch- and Retvizan, which were in the first line, a short distance astern of the Pallada, . also opened fire almost immediately. •

A terrible explosion under the hull of the Pallada raised a torrent of wa­ter, which submerged the cruiser's deck and made a breach amidships below the water line.

Soon afterwards two other torpedo* ., exploded almost simultaneously, one . under the bow of the Retvizan and ' the other under the stern of tha Czarevitch. This double explosion «nd- -ed the attack, the Japanese vessels r«r tiring at full speed.

Mme. Pousep of the Riga, who de­sires'to be enrolled in a Cossack x-egi-ment, is here urging her petition. She is 32 years of age, was reared under the patronage of the late Czar Alex­ander III., i s a fine horsewoman, a- * good shot and handles rifle, revolver* and sword equally well, often taking -part in the cavalry maneuvers of thf Vyazenski regiment.

Mme. Pousep is also a qualified Red Cross nurse, but she says there are enough women nurses and she wants . to show that a woman can fight. If her petition is rejected, she will go at '< her own expense and se"rve as *-"daughter" of the regiment.

RUSSIANS IN RETREAT

WOW! THIS IS AWFUL! Leap Year Adventures of Aunty Democracy—The poor old lady is given an awful fright.

London Newspapers Urge Leaders to Beware of Russia.

Special to The Journal. London, March 5.—Altho there Is

less likelihood than a fortnight ago that any western power will be drawn Into the Russo-Japanei* war, the in­crease of anti-British feel ing in St.

1 Petersburg and of anti-Russian feel-

Czar's Troops Fall Back from An-M Toward the Yalu. - " % j | • <|

New York Sun SpeoUl Service. Tokio, March 5.—The Russian

troops, which have hitherto been south of An-ju, have all retired to- ; J'** ward Yalu. > *•

The Russians who were recent!* * conveyed to Possiet bay from Vladi^fd vostok have crossed the Tumen southf!|g of Ungkwin and Hoilyong. )$§

Wednesday the emperor sent a per- " sonal message to the emperor of K o ­rea, infornaing him that war had been*J| declared solely in order to secure pkr-jsS manent peace In ~ the 'far east, and ex-^Sy pressing deep satisfaction at the con-'^g elusion of the recent protocol whlchvM Jt would lead to increased intimacy be-«?| ,$ tween the two countries. r i H 3 !

His majesty went on to thank t h ^ j F J I Korean emperor and his two sons lof^SL' their munlfloent grants on behalf e&a&g the Japanese troops. All advices front V *

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