testify to the facts
on the stand. If they did testify to the facts, the jury wouldn't bring
in a verdict of guilty. If the jury did bring in a verdict of guilty,
the judge would suspend sentence. If the judge did not suspend sentence,
he would merely fine President Smith, three hundred dollars. And within
twenty-four hours there would be a procession of Mormons and Gentiles
crawling on their hands and knees to Church headquarters to offer to pay
that three hundred dollar fine at a dime apiece."

Mr. Lannan's statement of the case was later substantiated by an action
of the Salt Lake District Court. Upon the birth of the twelfth child
that has been borne to President Smith in plural marriage since the
manifesto of 1890, Charles Mostyn Owen made complaint in the District
Court at Salt Lake, charging Mr. Smith with a statutory offense. The
District Attorney reduced the charge to "unlawful cohabitation" (a
misdemeanor), without the complainant's consent or knowledge. All the
preliminaries were then graciously arranged and President Smith appeared
in the District Court by appointment. He pleaded guilty. The judge in
sentencing him remarked that as this was the first time he had appeared
before the court, he would be fined three hundred dollars, but that
should he again appear, the penalty might be different. Smith had
already testified in Washington, before the Senate Committee, to the
birth of eleven children in plural marriage since he had given his
covenant to the country to cease living in polygamy; he had practically
defied the Senate and the United States to punish him; he had said that
he would "stand" his "chances" before the law and courts of his own
state. All of this was well known to the judge who fined him three
hundred dollars--a sum of money scarcely equal to the amount of Smith's
official income for the time he was in court!

A leader of the Church, not long ago, asked me, in private conference,
what was the policy of the American party with regard to the new plural
wives and their children. I replied that as far as I knew it, the policy
was to have the Church accept its responsibility in the matter and give
the wives and children whatever recognition could be given them by their
religion. The Church was guilty before God and man of having encouraged
the awful condition. It was unspeakably cowardly and unfair for the
Church leaders to put the whole burden of suffering on the helpless
women and children; and