On Friday, Aug. 1st. went to Court. I told the lawyers we were ready to submit to the order of the Court and go to prison. They still urged us to try and get bonds. Bro’s. Moses Thatcher, L. Snow, C. C. Rich and E. Snow offered to do all in their power and risk their property to keep us out of prison; but I told [them] that while I appreciated their kindness and felt under deep obligations to them, I would not consent to their risking their property in that way.
At 3.40 p.m. I took train to Haight’s Grove. Found my folks well and enjoying themselves. Bathed with my son David in Salt Lake. Slept in a tent.
Took the Saturday morning train for the City and reached there at 10 a.m. John Q. met me with buggy at the train. Expected to go to prison to-day. But Bro. Carrington was busy trying to get bonds. Had a call from F H. Hatch of New Orleans.
Sunday, 3 Aug.
Funeral of Elder Joseph Standing, who was murdered by a mob in Georgia. Congregation met at 10 a.m. Various quorums participated in ceremonies and each had place assigned it in the Tabernacle. Pres. Taylor called upon me to speak and he followed. A very large congregation. The procession to the grave a very long one. Dined with <my> Bro. Angus. In afternoon Bro’s. Wheelock and T. B. Lewis addressed the people. Excellent discourses and a good spirit. Afterwards attended Council of Apostles.
Monday, Aug. 4.
Pres. Taylor’s mind was not clear as to what we should do till this morning. Now he is clear that our better course is not to ask for bonds, but to go to prison. This has been clear to me from the beginning. We informed our lawyers that we would not give bonds, but were ready to go to prison. The U. S. Dep. Marshal served the warrant of commitment in the afternoon, and took us into custody. We started in the carriage of Bro. Brigham Young. Just after starting Marshal Shaunessy drove up and invited me to ride with him in his buggy. He talked over the suit and the proceedings. He expressed his regrets that he had not better accommodations for us at the Penitentiary. He had the guards move out of their room, the upper room in the house, and that was assigned to us. We sent and got our own beds. We had Bro. James Jack arrange with the Warden, Gen. Butler, to board us. He and the guards treated us kindly, as much so as we could expect or ask.
On Thursday, the 7th of Aug. Hon. H. B. Wright of Penn., Dickie of Ohio, O’Connor of S. C., Martin of N. C.[,] Sapp of Iowa, members of the U. S. House of Representatives, and Col. Flanagan, the Ass’t. Serjeant-at-Arms with the Com and Miss Wright, Mrs. Sapp, her son & her sister and Mrs. F Ward, accompanied by Pres. Taylor, Mayor Little and the City Council came out to see and pay their respects to me. This I did not expect, but I accepted it as a mark of respect and esteem, especially as the Tribune and the Ring would do all in their power to blacken them for coming to the Penitentiary to visit us. They expressed very kind feelings and pronounced the decision which sent us here an outrageous one. Some of the ladies were very outspoken—Miss Wright and Mrs. Ward especially —and said to me they were glad that we had the courage to resist a tyrannical order and to come to prison rather than submit to it. They were bitterly assailed by the Tribune for this visit; but they did not appear to mind it.
On Tuesday, Aug. 5 I addressed a Card to the Deseret News and Herald and <Ogden> Junction, explaining to my constituents and the general public some of the points of the case of the Executors in this suit.
Sunday, Aug. 10th
The prisoners asked the Warden, Gen. Butler, to invite me to preach to them. I thought it might involve him in trouble to do so, and therefore felt inclined to decline. But I had never declined an invitation to speak to the people, and I concluded I would not at this time. Gen. Butler gave his consent for the choir of the Ward to come up and all the people. The prisoners arranged the seats under the shadow of the wall. I addressed them. Bro. Edwd Stevenson <made> opening prayer and Bro. Brigham Young the closing prayer. Good attention was paid by all.
We have numerous calls and our visitors are very kind in bringing us fruit and other things which they think will be of use to us.
Gov. Emery with Marshal Shaunessy called upon us to-day. The Governor took me aside to talk privately with me. He expressed himself as being astonished at Boreman’s decision. He thought it a great outrage, and said that the respectable non-Mormons shared in this feeling.
Bro. C. H. Wilcken drove out and breakfasted with us. He took us and Gen. Butler, the Warden, into the City in a carriage. The Court came into the Court Room at 10.45 a.m. and said they would give their decision at 2 p.m. They came in at about 3 p.m. and Chief Justice Hunter read the following decision: There had been strong pressure brought to bear to aid Boreman and to have his decision sustained. I received many congratulations and Judge Harkness said that this was better than giving bond
s and going out of the back door. I was gratified at this for the lawyers thought we ought to give bonds and not go to prison. I thought differently. The air of liberty is sweet. My family were delighted.
Made preparations to go to Cache Valley with Pres. Taylor as he requested. Invited my wife Sarah Jane to go too but she could get no one to take care of the house and children because of the shortness of the notice. Had two consultations with Bennett & Harkness, our lawyers. I felt that this would be a good time for us to negotiate for a settlement with the heirs and stop this suit, as just coming out of prison we had their sympathy. Had two interviews with [blank] [.] He urges compromise at any reasonable price. Expresses confidence that he can settle with the seven heirs, and their lawyers for $100,000. He would have their claims assigned to men whom we might select and have other lawyers substituted for those now employed by the heirs, and in the meantime get disclaimers from all the other heirs. He declined to take $500 which I offered him to help pay his expenses. He said that he did not need money and did not wish to take it. If after awhile when a settlement shall be reached, something can be obtained legitimately he might have no objection to taking it. I had the lawyers draw up a document for the heirs to sign approving of the acts of the Executors <and> disclaiming all further claim upon them or the Church. But I see no hopes for settlement. Pres. Taylor will not accede to paying any such sum as that spoken of to settle up this matter. Started for Logan at 3.40 p.m. Ate supper at Ogden. Stopped at Bro G. W. Thatcher’s at Logan.