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Joseph Smith III And The Mormons Of Utah
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Chapter 6
1 Memoirs, p. 114.
2 lbid., p. 55. SH 9 (April 1, 1866):112 gives the date of Joseph Arthur's
death as March 16, 1866. It is given as March 12th in the Memoirs.
3 SH 9 (April 1, 1866):110. Isaac Sheen noted:
"BRIG. GEN. CONNOR, from Camp Douglas, Utah, was in our office on the
22nd ult. He came to talk with Pres. Joseph Smith, in reference to Utah affairs.
He is laboring zealously for the emancipation of the oppressed people of Utah, and
is confidant of success, and of the success of the Reorganized Church in Utah.
Bro. Joseph Smith had not returned from Nauvoo, where he had gone to attend the
funeral of his youngest child."
4 On Connor's relations with the Mormons see Leo P. Kibby, "Patrick
Edward Connor, First Gentile of Utah," Journal of the West 2 (October 1963):425-
434; Gary L. Watters, "The Western Territories in the Civil War: Utah Territory, "
Journal of the West 16 (April 1977):44-56; Fred B. Rogers, Soldiers of the
Overland: Being Some Account of the Services of General Patrick Edward Connor
& His Volunteers in the Old West (San Francisco: Grabhorn Press, 1938); and
Richard H. Orton, comp., Records of the California Men in the War of the
Rebellion 1861 to 1867 (Sacramento: State Office, J. D. Young, Supt. State
Printing, 1890, pp. 508-519. Orton's work contains some extremely illuminating
correspondence from Connor during his stay in Utah.
5 William Fox, "Patrick Edward Connor: 'Father' of Utah Mining," M.A.
thesis, Brigham Young University, 1966, passim.
6P. Edward Connor to R. C. Drum, October 26, 1863, as printed in Orton,
Records of the California Men in the War of the Rebellion, p. 514.
7 Memoirs, p. 236. Connor was willing to employ Protestant missionaries in
his crusade, as well. See P. Edward Connor to Jonathan Blanchard, October 25,
1864, as printed in Roger Launius, "The American Home Missionary Society
Collection and Mormonism," Brigham Younq University Studies 23 (Spring
1983):207-208. (n this letter Connor encouraged the A.H.M.S. to send missionaries
to Utah Territory.
8 Joseph F. Smith to Samuel H. B. Smith, February 28, 1866, LDS Archives.
9P. Edward Connor to Joseph Smith III, April 10, 1866, RLDS Archives.
10 On Ashley, see Dictionary of American Biography, s.v. "Ashley, James
Mitchell," by Clarence Edwin Carter.
11 J. M. Ashley to Joseph Smith III, May 10, 1866, RLDS Archives.
12 Memoirs, pp. 93, 1 23- 1 26; "Pleasant Chat," SH 9 (June 15, 1866): 177- 178.
13 Ibid., pp. 123-124.
14 Joseph Smith III's testimony is contained in U.S., Congress, House, The
Condition of Utah, H.R. Rept. No. 96, 39th Cong., 1st sess., 1866, pp. 5-10. A
manuscript copy of this testimony, in Joseph Smith III's hand, is found in P 15, f24,
RLDS Archives. The manuscript copy is missing one page of questions.
Quotations in the following paragraphs are taken from the printed version.
15 The Condition of Utah, p. 10.
16 Ibid., p. 2.
17 Ibid., p. 1.
18 Cf. his reminiscence, in 1880, about his trip to Washington. He stated:
". . . . we did not advise new and oppressive legislative enactments; but did
recommend that crime in Utah should be treated as crime in any other section of
the country was and ought to be treated; holding that it was not the severity, but
the surety of prosecution and punishment that deterred men from the commission
of crimes against the law. It was our opinion then, it is our opinion now, that so
long as those transgressors escaped punishment from the venality, or weakness of
executors of the law, just so long would polygamy survive. We are not now, we
never have been in favor of official and legal oppression, or mob violence; but
. . . . we are in favor of the arrest and just legal punishment of those who willfully
and persistently continue to violate law." SH 27 (December 15, 1880):380-381.
19 Memoirs, p. 124.
20 Cited in SH 10 (August 15, 1866):59.
21 The history of the New Translation is given in Richard P. Howard,
Restoration Scriptures: A Study of Their Textual Development (Independence,
Missouri: Department of Religious Education, Reorganized Church of Jesus
Christ of Latter Day Saints, 1969), pp. 70-193; Robert J. Matthews, " A Plainer
Translation:" Joseph Smith's Translation of the Bible: A History and Commentary
Provo, Utah: Brigham Young University Press, 1975 ; and Stephen R. Knecht,
The Story of Joseph Smith's Bible Translation: A Documented History (N.p.:
Associated Research Consultants, 1977.
Joseph Smith's translation of the Bible has been referred to by a number of
names. Robert J. Matthews, "A Plainer Translation", p. xxiii, suggests utilizing
"New Translation" to refer to the manuscript left by Joseph Smith, in contrast to
"Inspired Version," which refers to printed editions of the work. The RLDS
Church first published the work under the title, The Holy Scriptures. The
expression, "Inspired Translation" was frequently employed in the 19th Century.
Today, in Mormon writings, "Joseph Smith Translation" (or, JST) is often used.
22 Matthews, "A Plainer Translation", p. 100; Memoirs, p. 38. Cf. Emma
Smith Bidamon to Joseph mith I, anuary 20, 1867, RLDS Archives; and Emma
Smith Bidamon to Joseph Smith III, February 2, 1867, RLDS Archives.
23 "Annual Conference," SH 9 (April 15, 1866): 123, 125.
24 Concerning some of the technical difficulties encountered by the
committee, see Howard, Restoration Scriptures, pp. 127-136, and Matthews, "A
Plainer Translation", pp. 141-165. Much of the preliminary work was done by
Marietta Hodges Faulconer and Mark H. Forscutt.
25 The Holy Scriptures. Translated and Corrected by the Spirit of Revelation,
by Joseph Smith, Jr., the Seer (Plano, Illinois: Church of Jesus Christ of Latter-Day
Saints; J. Smith, I. L. Rogers, E. Robinson, Publishing Committee, 1867). A revised
edition was published in 1944, incorporating a number of corrections.
26 Joseph Smith III, "To the Elect Lady, on Her Faithful Care of the MSS. of
the New Translation," SH 1 1 (January 15, 1867):25-27.
27 W. W. Blair, "The New Translation of the Bible," _SH 11 (February 15,
1867):53-56.
Alexander Hale Smith," "Pleasant Chat," SH 13 (January 1, 1868):10.
29 SH 12 (December 1, 1867):176. Such rumors persisted in later years; cf.
SH 28 (August 1, 1881):238.
30 W. W. Blair to Joseph Smith III, February 8, 1868; SH (3 (March 1,
1868):76-77.
31 Thomas Job to Joseph Smith III, January 29, 1868; SH 13 (March 15,
1 868):93.
32 Thomas Job to Joseph Smith III, August 24, 1868; SH 14 (September 14,
1868):92.
33 Memoirs, pp. 32-33; Bergera, "The Orson Pratt-Brigham Young
Controversies," pp. 39-40.
34 Concerning some tentative LDS overtures to compare the printed version
of the Inspired Version with the manuscript, under John Taylor's leadership, see
Joseph Smith III to John Taylor, Februory 22, 1878, LB #1, p. 315; John Taylor to
Joseph Smith III, April 1, 1878, LDS Archives (unprocessed typescript copy at
RLDS Archives); and Joseph Smith III to James T. Cobb, October 16, 1878, LB #1,
pp. 482-485.
Despite Brigham Young's having placed the Inspired Version under the ban,
Orson Pratt privately continved to hold it in high regard. Brigham Young died in
1877. In 1878, Orson Pratt, who was then Church Historian, prepared a new
edition of the Pearl of Great Price, including revisions of the Book of Moses and
Joseph Smith's translation of Matthew 24. No indication of Pratt's source for the
revisions was indicated, but in actuality he employed the RLDS Church's published
version of the Inspired Translation. See Matthews, "A Plainer Translation", pp.
219-232.
35 Material concerning A. H. Smith's mission to Utah is drawn from the
following sources, unless otherwise noted: Alexander Hale Smith, "Early
Ministerial Experiences," No.s 4 through 11, appearing intermittently in Autumn
Leaves 11 (April 1898) through 12 (February 1899); Vida E. Smith, "Biography of
Alexander Hale Smith," Journal of History 4 (July 1911):265-278 and (October
1 911 ):394-411 ); and Inez Smith, "Biography of Alexander Hale Smith," Autumn
Leaves 25 (July 1912):307-313, (August 1912):351-355, and (September 1912):402-
409.
36 Alexander Hale Smith to Joseph Smith III, August 29, 1866; SH 10
(October 1, 1866): 107- 108.
37 Besides the accounts in n. 35, see James W. Gillen to Joseph Smith (II,
November 12, 1866; _SH 10 (December 15, 1866):177.
Stenhouse, The Rocky Mountain Saints, p. 629, called the debate between
Alexander and Joseph F. Smith "a curious spectacle." "Here were the sons of
Joseph and Hyrum Smith quarrelling over Brigham Young and Polygamy. . . and
each 'knew' that his position was true 'by revelation,' and 'by the Holy Ghost:' To
make the wrangling still more interesting, Joseph F. made a malignant attack
upon Mrs. Emma Smith, and called her a vile name before a public audience.
Alexander H. was more a Christian than is admired by people generally, but he
sprang up and warmly cautioned Joseph F. that, though they were cousins, he must
not apply such an epithet to his mother again."
38Stenhouse, The Rocky Mountain Saints, pp. 628-629; cf. p. 213.
39E, C. Briggs, Journal, August ( 1, and October 7, 1863, RLDS Archives.
Briggs recorded that Brigham Young said that Joseph Smith III told his cousins
Joseph F. and Samuel H. B. Smith that "he would not let them have his name to
use until he got his feas as any Lawyer would and he got foure hundred dollers as a
salery." Briggs later questioned Joseph F. Smith about this. In an undated entry
in his journal (between October 8 and 24, 1863) he recorded that Joseph F. Smith
denied having made such a report to Brigham Young. Joseph F. said that he
believed his cousin was sincere but deceived, and that he held out hope he would
retrace his steps. Joseph F. Smith did not believe, however, that his cousin
Joseph ever would be president of the LDS Church.
40 Jerald and Sandra Tanner, Introduction to Joseph Smith's History by His
Mother: Photomechanical Reprint of the Original 1853 Edition, by Lucy Mack
Smith (Salt Lake City: Modern Microfilm Co., n.d. , pp. i-xv. See also the
remarks of John K. Sheen in Polygamy, or the Veil Lifted, p. 15.
Martha Jane Coray to Brigham Young, June 13, 1865, LDS Archives,
explained the inaccuracies in Lucy Smith's book as resulting from her poor health,
the influence of William Smith, reliance on a faulty memory, and lack of
reference to source materials. This letter was evidently solicited by Brigham
Young as part of his campaign against the book. The letter is reprinted in Jeffrey
O. Johnson, "Martha Jane Knowlton Coray: 'Masculine in Her Strength of
Character,"' unpublished paper, photocopy in Library, Historical Department,
Church of Jesus Christ of Latter-day Saints, Salt Lake City.
Another source of irritation to Brigham Young in the book may have lain in
its record of the patriarchal blessings given by Joseph Smith, Sr. prior to his death
in 1840. He foretold long life and faithfulness for his children William, Sophronia,
Lucy, Catherine, and his son-in-law Arthur Millikin. Since all of these had
repudiated Brigham Young's leadership of the church, Brigham's resentment would
be understandable. See Lucy Smith, Biographical Sketches of Joseph Smith the
Prophet and His Progenitors for Many Generations (Liverpool: Published for
Orson Pratt by S. W. Richards, 1853), pp. 266-270.
41 Thomas Job To Joseph Smith III, August 24, 1868; SH 14 (September 15,
1868):92.
42 James W. Gillen to Joseph Smith III, November 12, 1866; SH 10
(December 15, 1866):177-178. Cf. the letter of T. E. Jenkins, from Wales, in SH
10 (August 1, 1866):46, reporting that Joseph Smith III and his mother were
slandered there.
43 James W. Gillen to Joseph Smith III, November 12, 1866; SH 10
(December 15, 1866):177-178. That Gillen accurately reported Brigham Young's
remarks to Joseph Smith III is shown by the typed transcription, "Remarks by
President Brigham Young at the Semi-Annua) Conference, G. S. L. City, October
7, 1866, Library, Historical Department, Church of Jesus Christ of Latter-day
Saints, Salt Lake City.
44 "Pleasant Chat," SH 10 (December 15, 1866):178-179.
45 Sophia Jewks to Joseph Smith III, January 20, 1869; SH 1S (March 1,
1869):150. Joseph Smith III's editorial reply is found in the same issue, p. 146.
In 1868, Mormon elder John Hawley visited Plano. He first met Joseph
Smith III milking his cow in the pasture. Hawley remarked, after being
introduced, "Well, Brother Joseph, this does not look much like you were getting
the salary it is reported that you get from the founders of the Reorganized
Church." Joseph replied that he got no salary at all. They also discussed the
rumors about him being a lawyer and a Spiritualist. John Hawley, "Experiences
of Elder John Hawley," Journal of History 4 (April 191 1):229-230.
See also "Semi-Annual Conference," SH 18 (October 1 S, 1871 ):632. W. W.
Blair reported that it was rumored in Utah t at the President of the Reorganized
Church received a salary in the amount of $3,000 to $30,000, depending on which
rumor one listened to. At this, the minutes noted, "The audience looked amused."
46 Memoirs, pp. 55-56.
47 Inez Smith Davis, "A Love Story of Long Ago: As Told by a Package of
Old Letters," Vision 44 (June 1931 ):252-254 ond (August 1931 ):365-367. Additional
sources reflecting Joseph Smith III's love for Emaline Griswold Smith include
Joseph Smith III to Charles Derry, April 19, 1869, RLDS Archives; Joseph Smith
III, "My Pleasantest Christmas Recollection," Autumn Leaves II (January
1898):23-24; and a poem by Joseph Smith III, "The Years Have Sped," written
February 14, 1865, RLDS Archives.
The suggestion of Launius, "And There Came Prophets in the Land Again,"
pp. 176 and 206, that the couple experienced serious matrimoniol problems, flies
in the face of the evidence.
48 Bertha Madison Smith was born July 16, 1843, in La Salle County,
Illinois. Concerning her life and character see Mary Audentia Smith Anderson,
579
"Mother Bertha," Autumn Leaves 41 (May 1928): 195- 198 & 215, (June 1928):242-
248 & 286.
49 Ibid., pp. 56-57.
50 "Salutatory," SH 7 (May 1, 1865):129.
51 HRC 3:239.
52 Memoirs, p. 141. Cf. "A Good Elder Wanted at New Trenton, Indiana,"
SH 17 (January 1, 1870): 16- 18.
Henry A. Stebbins was closely associated with Joseph Smith III during his
years in Plano, first as District President and then as Assistant Editor of the
Herald. "Autobiography of Henry A. Stebbins," Journal of History 13 (April
1920 :161-198, gives something of the flavor of itinerant preaching in those days.
53 Memoirs, pp. 118, 175-176.
54 Ibid., pp. 117, 136-137; SH 19 (December 1, 1872):720. In the Herald
article, Joseph Smith III names the elder "Abel Butterfield." In his Memoirs he
names him "Miller," which is probably a case of mistaken memory.
55 Memoirs, p. 149.
56 SH 15 (May 1, 1869):280.
57 Emma Smith Bidamon to Joseph Smith III, August 1, [ 1869], RLDS
Archives.
58 W. W, Blair to Joseph Smith III, May 3, 1869, SH 15 (June 1, 1869):339.
59 Unless otherwise noted, the material in this section is drawn from
Alexander Hale Smith, "Early Ministerial Experiences," Autumn Leaves (August
1901 ):348-354 and (September 1901 ):394-397; Vida E. Smith, "Biography of
Alexander Hale Smith," Journal of History 5 (July 1912):259-273; and Inez Smith,
"Biography of Alexander Hale Smith," Autumn Leaves 10 (October 1912):449-454
and (November 1 9 1 2):50 1 -506.
60 Alexander Hale Smith to Joseph Smith III, July 18, 1869; SH 16 (August
1, 1869):85-86; "Extracts from Elder David H. Smith's Journal," SH 16 (September
1, 1869)":129-131; and the sources cited in n. 59.
61 Joseph Fielding Smith, The Life of Joseph F. Smith, pp. 225-230.
62 The correspondent for the San Francisco Bulletin reported that Joseph F.
Smith, at one of his meetings, explained that his father's denials of polygamy were
not lies:
"It is said that I have proved my father a liar. I will show that he has not
lied. There is a difference between telling a lie and not tellin the truth (!!!)
Webster says: 'Polygamy, a man having several wives, or a woman having several
husbands.' The latter part my father meant to deny, and not the former;
therefore he did not lie." Cited in Stenhouse, The Rocky Mountain Saints, p. 634.
63 Quoted in Elbert A. Smith, "David H. Smith in Utah," Autumn Leaves 25
(November 1912):508-509.
64 Ibid., pp. S10-512.
65 Joseph F. Smith to Sarah E. Richards Smith, September 13, 1869,
University of Utah (photocopy).
66 Valeen Tippetts Avery, "Insanity and the Sweet Singer," pp. 101-102.
67 "Extracts from Elder David H. Smith's Journal," SH 17 (January 1,
1870):9-11.
68 Avery, "Insanity and the Sweet Singer," pp. 107-1 13.
69 Ibid., pp. 112, 114-115.
70 lbid., p. 116.
71 W. W. Blair to Mark H. Forscutt, March 27, 1871; entered as a report in
the minutes of the Annual Conference. See "Annual General Conference," SH 1S
(May 1, 1871):284-285.
72 "Semi-Annual Conference," SH 1 8 (October 15, 1871 ):631. At the Annual
Conference, April 1871, the two brothers had been appointed to labor "under the
president's direction." SH (8 (May 15, 1871):313. One reason they remained close
to home may have been concern for David's health. Another reason was the need
to provide for their families.
Avery, "Insanity and the Sweet Singer," pp. 117-125, presents evidence that
David Hyrum Smith made two brief trips to Utah in November 1870 and the
Summer of 1871. This writer believes that the purported trip in November 1870
may not have occurred. The only evidence for this trip is a letter from David to
Joseph Smith III dated November 12, 1870 (P 13, f 199, RLDS Archives). Internal
evidence, particularly the reference to Josiah Ells, places the date of the letter's
composition in 1872, not 1870.
73 "Semi-Annual Conference," SH 18 (October 15, 1871):632-633.
74 David H. Smith to Joseph Smith III, November (9, 1871, RLDS Archives.
75David H. Smith to Joseph Smith III, March 14, 1872, RLDS Archives.
76 Memoirs, p. 173.
77 Ibid.
78 Avery, "Insanity and the Sweet Singer," pp. 154-157.
79 David H. Smith to the Herald, July 10, 1872; SH 19 (August 15,
1872):497-499.
80 David H. Smith to Joseph Smith III, July 23, 1872, RLDS Archives.
81 Ibid. A partial copy or a rough draft of a letter from Joseph F. Smith to
David H. Smith is found in the Joseph F. Smith Family Papers, Ms 288, Box 3,
Folder 13, University of Utah. In this letter Joseph F. Smith denies Judge Boren's
allegation and states that similar statements were made by Alexander H. Smith
during his stay in Salt Lake City. Joseph F. Smith's letter makes it clear that the
purported invitation was said to have occurred in 1856, during the visit of George
A. Smith and Erastus Snow to Nauvoo.
82 David H. Smith to "Bro. Sherman," July 27, 1872, RLDS Archives.
83 On Amasa M. Lyman, see Loretta Lea Hefner, "The Apostasy of Amasa
Mason Lyman," M.A. thesis, University of Utah, 1977.
84 An excellent study is Ronald Warren Walker, "The Godbeite Protest in
the Moking of Modern Utah," Ph.D. dissertation, University of Utah, 1977. Walker
places the Spiritualism of the Godbeites within the framework of a broader
liberalizing tendency which rejected the Mormon emphasis upon unity,
cooperation, obedience, homogeneity, separateness, and hierarchicol control.
Walker discusses in some detail the Liberal Institute, pp. 148-169. The Institute
was constructed as a meeting hall by the Godbeites. Other religious groups, such
as the RLDS Church, were permitted to use it.
85 Brodie, No Man Knows My History, pp. 474-475.
86 Avery, "Insanity and the Sweet Singer," pp. 163-166.
87 Ibid., pp. 171-173.
88 Ibid., pp. 173-174. Cf. David H. Smith to Joseph Smith III, October 22.
1872, RLDS Archives.
89 Memoirs, p. 173.
90 Avery, "Insanity and the Sweet Singer," pp. 185-193. Quotation from p. 188.
91 David H. Smith to Joseph Smith III, March 15, 1873, RLDS Archives.
92 RLDS D&C 117. Cf. Memoirs, pp. 465-467.
93 Affidavit of Judge D. H. Morris (quoting Lucy Walker Kimball), June 12,
1930, LDS Archives, as cited in Avery, "Insanity and the Sweet Singer," p. 193.
That this second-hand account reflects an actual conversation between David
Smith and Emma Smith Bidamon strains credulity. The story may well reflect the
doubts which troubled David's mind, however.
94 Memoirs, pp. 1 73- 1 74.
95 Ibid. Cf. Joseph Smith III, Journal, January 1 1, 13, 15, 17, and 19, 1877,
RLDS Archives; Joseph Smith III to P. Wilhelm Poulson, June 25, 1880, LB #3, pp.
167-168; and also Avery, "Insanity and the Sweet Singer," pp. 194-214.
96 Avery, "Insanity and the Sweet Singer," pp.
the rumors see Memoirs, p. 174; Joseph Smith III to
19, 1877, LB #1,p. 267; Joseph Bailey Smith, Sr. to Joseph Bailey Smith, Jr.,
January 5, 1923, LDS Archives (photocopy).
97 RLDS D&C 121:1.
98 RLDS D&C 122:4.
99 RLDS D&C 124:2.
100 Memoirs, p. 174; Avery, "Insanity and the Sweet Singer," p. 245.
101 Photocopies of the death certificate and other papers relating to David
H. Smith's hospitalization are in Ms d 2510, LDS Archives. F. Mark McKiernan
has developed the hypothesis that David H. Smith suffered from hypoglycemia,
not a tension-induced mental breakdown. See F. Mark McKiernan, "The Tragedy
of David H. Smith," Joseph Smith Sr. Family Reunion Oral Presentations August
18 & 19, 1972 at Nauvoo, Illinois (N.p.: n.d.) , pp. 32-36.
102 Memoirs, p. 141.
103 Ibid., p. 143.
104 On Joseph Smith III's eastern trip, see Memoirs, pp. 141-148.
105 On Joseph Smith III's trip to California, see Memoirs, pp. 149-157, and
notices in virtually every issue of the True Latter Day Saints' Herald, September 1
through December 15, 1876.
106 Memoirs, pp. 156-157.
107 Joseph Smith III, Journal November 18 1876 RLDS Archives For
information on Joseph Smith III's activities in Nevada, see Memoirs, pp. 157-160
and "Notes of Travel," SH 23 (December 15, 1876):752-753 and 24 (January 1,
1877):9.
108 The doctrine of blood atonement held that certain sins--particularly
murder and apostosy--could be atoned for only by the shedding of one's own blood.
The most notorious exponent of the doctrine was Brigham Young's one-time
counselor, Jedediah M. Grant. To date, the closest approach to a scholarly study
of the subject is found in Sessions, Mormon Thunder. Unfortunately, Sessions'
analysis is flawed by his insistence that Grant was engaging in nothing more than
blood-curdling hyperbole. He characterizes Grant's rhetoric, p. 130, as "just a
natural part of bumptious Brother Jeddy," who "just wanted the Saints to be the
best people in the world," and whose language "rattled windows and doors, but. . .
kiIIed no one."
Gentiles in the Nineteenth Century were likely to form their opinion of
blood atonement from sensational press accounts and exposes such as those of
John D. Dee or Bill Hickman.
Reorganite leaders took the doctrine seriously. A typical expression of
their views is found in Z. H. Gurley, Jr. to Joseph Smith III, August 25, 1878,
RLDS Archives.
109 The Mountain Meadows Massacre occurred in 1857, but was the subject
of much publicity in 1875-1877, due to the two trials and subsequent execution of
John D. Lee. See Juanita Brooks, John Doyle Lee: Zealot--Pioneer--Scapegoat
(Glendale, California: Arthur H. Clark Company, 1962), and her earlier work, The
Mountain Meadows Massacre (Stanford, California: Stanford University Press,
1950). On the Morrisites, see C. LeRoy Anderson, For Christ Will Come
Tomorrow: The Saga of the Morrisites (Logan: Utah State University Press, 1981).
110 "Letter from Bro. Mark H. Forscutt," SH 10 (November 1, 1866):142-
143; A. H. Smith, "Early Ministerial Experiences.--No. 10," Autumn Leaves 11
(November 1898):487-488; and E. C. Brand to Joseph Smith III, July 19, 1870,
printed in SH 17 (August 15, 1870):500-501.
111 Memoirs, p. 163.
112 Joseph Smith III had been serving not only as Editor of the Herald but as
Business Manager of the Herald Office and President of the Board of Publication.
At the Annual Conference of 1876, he announced his resignation from the Board,
effectively divesting himself of all his duties save that of Editor; SH 23 (May 1,1876).
Henry A. Stebbins was appointed Business Manager in his place, and Israel
L. Rogers was chosen the new President of the Board. In SH 23 (May 15,
1876):271, Joseph Smith III expressed relief at being released from the burdens
associated with the Board of Publication. His new-found freedom permitted him
to travel more extensively than in the past.
113 See Minutes of the Board of Publication meeting held April 12, 1876, SH
23 (June 1, 1876):349. The April 15th issue of the Herald was the first to list H.
A. Stebbins as Assistant Editor.
114 Joseph Smith III to Henry A. Stebbins, November 24, 1876, printed in SH
23 (December 15, 1876):758; Memoirs, pp. 159-160; Joseph Smith III, Journal,
November 1 7 and 2 1, 1 876, RLDS Archives.
115 Concerning Joseph Smith III's activities in Utah, see Memoirs, pp. 162-
173; and SH 24 (January 1, 1877):9, 10, 12; (January 15, 1877):24-25; February 1,
1877):34-35 There is also an account in Joseph Smith III to Heman C. Smith,
September 19, 1878, LB #1, pp. 456-457.
116 Memoirs, pp. 162-163. Cf. Joseph Smith III's remarks to Z. H. Gurley,
Jr., August 20, 1878, LB #1, p. 434. In this letter he commiserated with Gurley's
statement that some features of missionary work in Utah were "almost enough to
make a man hate his race." Joseph replied: "I did hate the race; at times, while I
was in Salt Lake, myself included. If I could have had the whole of those ratty old
sinners together at once, and have had the privilege of telling them what I thought
of the course they had pursued, I should have felt relieved; but to carry a volcano
in ones breast to which the crater was lost, was horrible."
On November 28, 1876, Joseph Smith III ate dinner at Samuel H. B. Smith's
house. A number of polygamous wives (of various men) were there, including
Augusta Cobb, a wife of Brigham Young. Joseph later wrote to her son, James,
"Kind regards to your mother. She little knew what a turbulent storm was raging
in my heart the day she saw me at Samuel's my cousin." Joseph Smith lll to James
T. Cobb, January 22, 1880, LB #2, p. 465.
117 Memoirs, p. 163.
118 Ibid., pp. 163-164.
119 Ibid., pp. 164, 171-173. Jason W. Briggs gave an account of Joseph's
four addresses at the Liberal Institute, in an untitled article in The Messenqer of
the Church of Jesus Christ of Latter Day Saints 3 (January 1877):4.
120 Memoirs, pp. 166- 167.
121 Ibid., p. 167.
122 Ibid. Of all his Utah relatives, Samuel H. B. Smith displayed the
greatest willingness to discuss their theological differences. Previously they had
exchanged views by mail. See Samuel H. B. Smith to Joseph Smith III, January 9,
1867, RLDS Archives; Joseph Smith Ill to Samuel H. B. Smith, January 28, 1867
and October 26, 1867, photocopies of both letters at Brigham Young University.
The two cousins were on familiar terms as a result of Samuel's having stayed with
Joseph for a winter in the 1850s. See Memoirs, p. 223.
George A. Smith, who died in 1875, had also displayed a wiIIingness to
discuss the origin of plural marriage with Joseph Smith III. George A. considered
Joseph III to have been raised in ignorance concerning the subject. See copies of
their correspondence in Church Historian's Letterpress Book, vol. 2, pp. 872-875
and 891-900, LDS Archives. This correspondence took place in 1869. George A.
ordered copies of the RLDS anti-polygamous tract Address to the Saints, which he
proceeded to distribute to some of Joseph Smith's plural wives. Under George A.'s
direction, Joseph F. Smith went about collecting affidavits from these women and
others with first-hand knowledge of the prophet's teaching and practice of plural
marriage. In a letter dated October 9, 1869, George A. gave Joseph III a sample
of the information which had been collected (cf. n. 134).
Had George A. Smith been alive in 1876, his conversations with Joseph III
would have been interesting. Unlike Joseph III's younger Utah cousins, George A.
could have given him a personal account of the prophet's polygamous teachings.
123 Memoirs, pp. 167-168.
124 The following accounts are drawn from Memoirs, pp. 165, 170-171.
125 Brodie, No Man Knows My History, p. 486. "Are We Bound to the
Truth," SH 28 (September 1, 1881):268-269 probably has reference to Joseph Smith
III's interview with Vienna Jacques.
126 Cf. William Clayton to Madison M. Scott, November 11, 1871, LDS
Archives. In this letter Clayton stated that Joseph Smith III errs in "denying
bitterly that his father ever had a revelation on the subject" of polygamy, and also
stated that he believed the prophet's son knew better. He expressed reluctance to
criticize Joseph Smith III, out of respect for his father, but testified unequivocally
that he wrote the revelation on celestial marriage as dictated by the prophet, July
12, 1843.
127 Memoirs, p. 171. Joseph relished this particular conversation and
repeated it in "What Do I Remember of Nauvoo?," pp. 335-336.
128 In the 1870s most members of the Salisbury and Millikin families were
received into the RLDS Church. Joseph Smith's oldest sister, Sophronia
McCleary, also was received into membership at the Annual Conference of 1873.
HRC 4:4. She died July 22, 1876, leaving one surviving daughter, Maria Barnett.
129 Quinn, "The Mormon Succession Crisis of 1844," p. 205, shows that
William Smith made approaches toward reconciliation with Brigham Young in
1847, 1854, 1855, and probably in 1860. But Brigham Young was unwilling to
restore William to his former standing, and after each rebuff William renewed his
denunciations of Utah Mormonism.
130 A graphic picture of the negotiations between Joseph and William is
found in Joseph Smith III to William B. Smith, January 12 [?], 1878, LB #1, pp.
275-279.
After securing William's affiliation with the Reorganization, Joseph held
out to him the hope that he might be recognized as patriarch, "at a propitious
time." See Joseph Smith III to William B. Smith, February 20, 1879, LB #2, pp.
115-116.
131 Memoirs, p. 184. In 1856, E. C. Briggs and S. H. Gurley delivered
sensitive documents into Joseph's hands concerning the breakup of William Smith's
organization in northern Illinois. When William discovered that Joseph had the
documents he demanded them, but Joseph refused to relinquish the documents. In
1875, Jason W. Briggs had published an account of William's involvement in
polygamy in "History of the Reorganization," p. 1. Joseph Smith III still had
possession of the documents given him by Briggs and Gurley, in 1889. He wrote to
David Seeley that William Smith's organizational failures in Kentucky and Illinois
were due partially to "things of a similar nature to those for which your people
now suffer; and of which I do not care to inform you, though I hold the evidences
to prove them." "Questions Asked by Elder David Seeley, of the Utah Church, and
Answered by Pres. Joseph Smith in San Bernardino, Cal., P19, f47, RLDS
Archives.
132 The Reorganization held that the church, after the death of Joseph
Smith, became disorganized. This was a divine judgment for the church's
disobedience and iniquity. However, within each faction into which the church
divided, there might be righteous men who continued to hold legitimate
priesthood. Therefore, the Reorganization admitted into membership persons who
had received baptism after June 27, 1844, from elders who were not in
transgression and concerning whom the Spirit "bore witness" that they should be
accepted. Ordinations were judged in a similar fashion. See Joseph Smith III to
W. E. Winkworth, February 1, 191 1, RLDS Archives, for a detailed explanation.
William Smith's pride would not admit the necessity of rebaptism, but
Joseph privately felt that "it would have been better if Uncle had been washed in
baptism." Joseph Smith III to T. W. Smith, December 10, 1878, LB #2, p. 42.
133 Joseph Smith III to William B. Smith, October 26, 1883, and William
Smith to Joseph Smith III, October 19, 1883 (including Affidavit of William Smith,
dated October 22, 1883), RLDS Archives.
In 1883 the RLDS Church published William Smith's Memoirs of early
Mormonism, under the title, William Smith on Mormonism. This Book Contains a
True Account of the Origin of the Book of Mormon. A Sketch of the History,
Experience, and Ministry of Elder William Smith. The Story of the Golden Plates
from Which the Book of Mormon Was Translated. An Account of a Most
Extraordinary Miracle, Wrought by the Laying on of the Hands of the Elders of the
Church, and a Statement of the Principals and Doctrines, as Believed and taught
by the Church of Jesus Christ of Latter Day Saints, with Other Matters of Great
Interest to All Believers in Christianity (Lamoni, Iowa: Herald Steam Book and
Job Office, 1883). The previous year, when William wrote Joseph that he was
contemplating writing his Memoirs, Joseph strictly warned him to employ
discretion:
"I have long been engaged in removing from Father's memory and from the
early church, the stigma and blame thrown upon them because of Polygamy; and
have at last lived to see the cloud rapidly lifting. And I would not consent to see
further blame attached, by a blunder now. Therefore Uncle, bear in mind our
standing to-day before the world, as defenders of Mormonism free from
Polygamy, and go ahead with your personal recollections. . . . if you are the wise
man I take you to be, you will fail to remember anything contrary to the lofty
standard of character at which we esteem these good men. You can do the cause
great good; you can injure it by injudicious sayings." Joseph Smith III to William
Smith, March 11, 1882, LB #3, pp. 435-436. (A somewhat similar warning is found
in Joseph Smith III to William Smith, July 12, 1879, LB #2, pp. 257-258.)
134 In 1869, George A. Smith wrote Joseph Smith III a detailed account of
Joseph Smith, Jr.'s involvement in polygamy, naming numerous events and dates.
He told how the prophet personally taught him the doctrine of plural marriage.
He also listed some of the prophet's plural wives, giving the dates and
circumstances of their marriages. As for Emma Smith, he wrote: "The
inauguration of these principles were a severe trial to your mother. At times she
received and resolved to act upon the same. She gave your father four wives with
her own hands; this intelligence I had from your father's mouth." George A. Smith
to Joseph Smith III, October 9, 1869, RLDS Archives.
In 1872, William McLellin wrote Joseph Smith III a letter accusing Joseph
Smith, Jr. of adulterous affairs in the 1830s. He also stated that Emma Smith had
confirmed these stories to him in 1847. Emma purportedly told him that the
prophet foresaw that polygamy would ruin the church and himself burned the
revelation (but copies had been made previously). McLellin challenged Joseph:
"Can you dispute your dear mother? She related this to me, and will if you ask
her tell you the same thing." William McLellin to Joseph Smith III, July-
September 8, 1872, RLDS Archives.
In 1874, Zenas H. Gurley, Jr. wrote a letter to Joseph Smith III objecting to
his editorial stance, that Joseph and Hyrum Smith never taught polygamy. Zenas
H. Gurley, Jr. to Joseph Smith III, January 1, 1874, RLDS Archives. (This letter
was not typical of those members of the RLDS Church who thought that the
prophet had been involved in polygamy. Most were content to denounce polygamy
as wrong and to say nothing about the prophet's practice.)
135 Joseph Smith III, Journal, February 5, 1879, RLDS Archives.
136 "Last Testimony of Sister Emma," SH 26 (October 1, 1879):289.
137 Ibid. Some of the impetus for this interview was provided by James T.
Cobb, a Salt Lake City liberal with whom Joseph Smith III was in correspondence.
Cobb questioned many details of the traditional account of Mormon origins,
theorizing that Sidney Rigdon and Joseph Smith had been co-conspirators in a
religious fraud. Joseph's questions to his mother about Rigdon and early Mormon
history were aimed at Cobb and others of like mind. Shortly after interviewing
his mother, Joseph wrote to Cobb triumphantly announcing that her testimony
demolished his pet theories about Rigdon and the Book of Mormon. See Joseph
Smith III to Jarnes T. Cobb, February 14, 1879, LB #2, pp. 85-88.
138 SH 26 (October 1, 1879):289-290; Saints' Advocate 2 (October 1879):49-
52. The use of the first person plural in the "Last Testimony" is Joseph Smith III's
typical use of the editorial "we." Newell and Avery, Mormon Eniqma: Emma
Hale Smith, pp. 300-302, mistakenly conclude from its use that Alexander Hale
Smith was present at the interview with Joseph.
139 " Joseph the Seer's Plural Marriages. His Wife Emma's Consent
Thereto," Deseret Evening News, , October 18, 1879.
140 Ibid.
141 SH 26 (April 1, 1 879): 104.
142 Joseph Smith Ill, Journal, April 20, 1879, RLDS Archives.
143 See Joseph Smith III's editorial lament about the pile of correspondence
awaiting answers from him; SH 26 (May 15, 1879):153. He stated: ". . . we just
ache for a thinking machine into which we could toss the entire pile, turn the
crank and then get the solutions, decisions and answers, all nicely written out and
neatly labelled ready for use."
144 Foster, Religion and Sexuality, p. 307, n. 86.
145 The untitled notes are found in P19, f40, RLDS Archives.
146 The original notes consist of two pages of questions and eight pages of
answers. Most of the questions are in ink, and apparently were prepared before
the interview. Two additional questions, in pencil, were added at the end,
apparently having come up in the course of conversation. The answers, all in
pencil, bear typical marks of having been written while another spoke. There are
crossed-out words, interlineations, abbreviations, and other signs of having been
written in haste, to keep pace with the spoken word.
147 Memoirs, p. 277.
148 Joseph Smith III, untitled Biographical Sketch of Emma Hale Smith, p.
23. Additional details of the affair are found in Memoirs, p. 305, and Avery and
Newell, "Lewis C. Bidamon, Stepchild of Mormondom," pp. 384-385.
149 Clayton, Secret Writings, pp. 20, 24 (entries for July 12, 1843 and
August 16, 1843).
150 See notes of testimonies given at the Stone Church, Independence,
Missouri, May 1, 1921, P18-8, fl, RLDS Archives. Various elderly Saints who had
known Emma Smith Bidamon testified that they had heard her say that Joseph
Smith had always been true to her, that he had no other wife but herself, and that
he had nothing to do with the revelation on plural marriage. Those giving such
testimony included her granddaughter, Emma Smith McCallum; her daughter-in-
law, Clara Hartshorn Smith; and E. L. Kelley. Cf. Buddy Youngreen, Reflections
of Emma: Joseph Smith's Wife (Orem, Utah: Grandin Book Company, 1982, pp.
41, 67; Jason W. Briggs, " The Basis of Polygamy. No. 5," The Messenger of the
Reorganized Church of Jesus Christ of Latter Day Saints 1 (April 1875):23; Briggs,
" Visit to Nauvoo in 1856," pp. 461-462; " Reminiscence of Sister N. J. Tharpe,"
Journal of History II (January 1918):120; and Henry A. Stebbins, "'In the Dark and
Cloudy Day,"' Autumn Leaves 30 (October 1917):497.
151 Richard P. Howard, "Responses," John Whitmer Historical Association
Journal I ( 1981 ):29. He thus explains inaccuracies in James Whitehead's
testimony in the celebrated Temple Lot Case, in 1892.
152 Newell and Avery, Mormon Enigma: Emma Hale Smith, pp. 301-302.
Cf. pp. 113, 129, 292 of this same book for additional in information concerning the
Mormon tradition of coded "denials" of polygamy.
Maureen Ursenbach Beecher, "The 'Leoding Sisters': A Female Hierarchy
in Nineteenth Century Mormon Society," Journal of Mormon History 9 ( 1982):33,
has pointed out that in the spring of 184, Emma Smith, president of the Relief
Society in Nauvoo, conducted a series of meetings with the Mormon women in
which she delivered a "double-talk indictment of plural marriage, a coded but
unmistakable opposition to the practice which her husband was ever more widely
promulgating. Her design was to oppose polygamy, not openly, but through the
use of veiled language." Similar semantic sleight of hand may be involved in the
answers she gave her son in the "Last Testimony."
153 On Tullidge see William Frank Lye, "Edward Wheelock Tullidge, the
Mormons' Rebel Historian," Utah Historical Quarterly 28 (January 1960):57-75;
Ronald W. Walker, "Edward Tullidge: Historian of the Mormon Commonwealth "
Journal of Mormon History 3 ( 1 976):55-72; Roger D. Launius, "Edward W. TulIidge
and the Reorganization," Restoration Trail Forum 10 (February 1984):1, 4, 6; and
Memoirs, pp. 162, 165, 185, 193, 284.
154 Launius, "Edward W. Tullidge and the Reorganization," p. 4.
155 Memoirs, pp. 185, 193. In the interests of economy, the material in the
book treating events up until the death of the prophet had undergone relatively
little revision.
156 Typical of those opposed to the book was W. H. Kelley, who called the
spirit and drift of Tullidge's work "radically opposed to the Spirit and Genius of
the Reorganization." W. H. Kelley to Joseph Smifh III, February 28, 1881, RLDS
Archives.
157 Memoirs, p. 185.
158 Joseph Smith III to A. H. Cannon, September 14, 1888, LB #4, pp. 323-
324; Joseph Smith III to A. H. Cannon, September 17, 1888, LB #4, p. 325; Joseph
Smith III to Joseph F. Smith, September 18, 1888, LB #4, pp. 326-328; Joseph
Smith III to Joseph F. Smith, September 20, 1888, LB #4, pp. 329-330; Joseph
Smith III to Sol F. Kimball, September 20, 1888, LB #4, pp. 331-332; Joseph Smith
III to E. W. Tullidge, September 20, 1888, LB #4, pp. 333-334; and Joseph F. Smith
to Joseph Smith III, May 3, 1889, RLDS Archives.
159 Memoirs, pp. 189-190.
160 Ibid., pp. 190-191.
161 Carthage Republican, January 21, 1880; as cited in HRC 4:299-300.
162 Carthage Gazette, January 21, 1880; as cited in HRC 4:300.
163 Joseph Smith III's tremendous sense of vindication, after preaching at
the Carthage County Courthouse, is evident in his letter to James T. Cobb,
January 22, 1880, LB #2, pp. 462-465. He wrote that he had just preached in the
same room where Joseph and Hyrum Smith were arraigned, "and now let the
dwellers in Zion howl, because I did not get killed by a mob while there. . . . I
have tried to make the name of Joseph Smith honorable among men, and to sift
the wheat of Mormonism from its chaff, to find the gold among its debris, and in
the pursuit of this object I have waited and worked. It was this that took me to
Carthage; and because I went there and unmolested preached Mormonis, in the
Court room there, I shall get the renewed ire of our Utah Saints, unless I have
judged them amiss. It will be taken as another evidence that I am 'hail fellow,
well met,' with the murderers of Joseph and Hyrum. . . . while harassed by the
torture of the warfare that I have been engaged in, the cup of bitterness has been
turned into nectar on my lips, and the murkey cloud of the past that has hovered
over my pathway so long has been turned into the glowing splendor of a halo of
glory, by this religion of Chirst, and his peace is mine. Never did I realize this
more than when, last Sunday night I stood in the Judge's desk, in that distant court
room, and while I told the hundreds assembled there to hear me, the story of the
Cross as the books left by Joseph Smith warranted me in telling it."
164 In order to establish order in the sometimes tumultuous RLDS
conferences, Joseph Smith III adapted the rules of order used in the U.S. Congress
for use in the conferences. These were published in a pamphlet: Joseph Smith III
and Thomas W. Smith, comps., A Manual of Practice and Rules of Order and
Debate for Deliberative Assemblies of the Church of Jesus Christ of Latter Da
Saints (Plano, Illinois: Herald Office, 1876). He also persuaded the church to
establish rules of representation.
165 Joseph Smith III to George Edmunds, August 8, 1867, LDS Archives.
166 HRC 3:709-711.
167 Ibid., 3:712.
168 SH 20 (March 1, 1873): 1 44.
169 George E. Paine to Henry A. Stebbins, December 23, 1878, RLDS
Archives; Joseph Smith III to Frederic G. Mather, December 23, 1879, LB #2, p.
424; and Memoirs, p. 191.
170 Joseph Smith III to Alexander Fyfe, July 9, 1881, LB #3, p. 380.
171 George E. Paine to Henry A. Stebbins, December 23, 1878, RLDS
Archives.
172 Memoirs, p. 191.
173 "Notice," printed in the Painesville (Ohio) Telegraph, August 21, 1879.
Clipping in P24, f36, RLDS Archives. Joseph Smith III, Mark H. Forscutt, Sarah F.
Videon, John Taylor, and the Utah Mormon Church were named as defendants.
Apparently a fraction of the original temple property had been sold to Sarah F.
Videon.
Joseph Smith III recognized the possibility that the Utah Church might put
in an appearance. In 1879, he wrote: "The only contestant to this successorship,
likely to put in an appearance in dispute, is the Brighamite Utah church, and the
chances of their doing it are remote. But should they, we shall make a stubborn
fight of it; and we think we can make a successful showing to the claim we make
to the rightful succession." Joseph Smith III to George E. Paine, January 31, 1879,
RLDS Archives.
174 E. L. Kelley to Joseph Smith III, February 19, 1880; printed in SH 27
(lvlarch 15, 1880):84-85.
175 A verbatim transcription of the decision is printed in Israel A. Smith,
"The Kirtland Temple Litigation," SH 90 (January 9, 1943):40. The original is
located in Book T, Common Pleas Record, Lake County, Ohio, p. 488, located in
Lake County Courthouse, Painesville, Ohio, as cited in Paul E. Reimann, The
Reorganized Church and the Civil Courts (Salt Lake City: Utah Printing
Company, 1961, p. 84.
RLDS publications, beginning with the first account in SH 27 (March 15,
1880):89, generally cite all of the court's decision except the last two sentences
dismissing the suit. This has created the widespread misimpression that the court
awarded legal title to the RLDS Church.
LDS polemicist Reimann, The Reorganized Church and the Civil Courts,
pp. 49-100, correctly points out that the court dismissed the RLDS suit. However,
he himself is even more disingenuous. He quotes only the last two sentences and
omits everything else.
176 Those interested in the legal issues in the Kirtland Temple suit must
consult Reimann's book, cited above, and Israel Smith's article (SH 90:40-43, 50),
also cited above. Both works are highly partisan. Reimann's work is particularly
unfortunate. It gathers together much important material bearing on the case and
then squanders it in contentious and sometimes misleading polemics. Reimann's
book might have been of permanent scholarly value had the author been content
to present the factual data (all of it), the pertinent legal data (all of it), and then
to show that previous RLDS accounts of the case contained significant omissions.
As it stands, the work suffers from the same selectivity and partisan bias of which
it complains in others. A definitive study of the Kirtland Temple suit remains to
be written.
The present writer, a non-lawyer, understands the legal issues as follows.
The court found, as a matter of fact, that the RLDS Church was the lawful
successor of the original Mormon Church. As such, the court ruled that the RLDS
Church held equitable title to the Kirtland Temple. The court also ruled, as a
matter of fact, that Joseph Smith, Jr. had held legal title to the Kirtland Temple
as trustee for the church. The court found that legal title had passed to the heirs
of Joseph Smith, holding the title in trust for the church.
The RLDS suit sought three things: equitable title, Legal title, and
possession of the property. (1) Judge Sherman ruled that the RLDS Church held
equitable title. (2) But because Joseph Smith died intestate, Judge Sherman ruled
that legal title automatically passed to his heirs as constructive trustees for the
church. Therefore, as a matter of law, legal title could not be granted to the
RLDS Church. (3) The question of possession is more difficult to understand.
Since Judge Sherman held the probate sale invalid, all subsequent deeds deriving
from that sale were held invalid. This left Joseph Smith III and the other
defendants in the position of mere squatters. Why did not the court order them
evicted? The most likely explanation seems to be that an ejectment proceeding
should have been brought by the party holding legal title to the property, i.e., the
heirs of Joseph Smith.
177 Memoirs, pp. 191-193; Aleah G. Koury, The Truth and the Evidence: A
Comparison between Doctrines of the Reorganized Church of Jesus Christ of
Latter Day Saints and the Church of Jesus Christ of Latter-day Saints
(Independence, Missouri: Herald Publishing House, 1965, pp. 104-108; Elbert A.
Smith, comp., The Church in Court (Lamoni, Iowa: n.p., n.d.), pp. 3-6.
178 Joseph Smith III to the Chicago Tribune, Chicago Times, Chicago
Evening Journal, the Chicago Interocean, and Burlinqton Hawkeye, all March 2,
1880, LB #3, pp. 19-23. Cf. Joseph Smith III's editorial remarks in SH 27 (March
15, 1880):87 and SH 27 (April 1, 1880):103.
179 Joseph Smith III to Alfred Ward, May 7, 1880, LB #3, p. 101 (emphasis
added).
180 Plano Mirror, June 22, 1876; as cited in HRC 4:138-139.
181 HRC 4:206-209.
182 Kendall Countv Record, as cited in HRC 4:373.
183 SH 28 (September 15, 1881):286.
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