Elder Hyde was widely recognized as one of the greatest thinkers and theologians the LDS Church had.  He claimed to have memorized the entire Bible in English, German and Hebrew, though I know of no one who ever sat through his recitation of more than a dozen or so chapters, at least in the latter two languages.  Many of his sermons contained radical ideas; some of them worked their way into Mormon theology, while others were ignored, or even denounced by other church leaders.

  Utah society in even the earliest pioneer times was not exclusively Mormon.  There were also non-Mormons who belonged to other churches, ex-Mormons, and all sorts of unbelievers.

  Before the arrival of Johnston's Army the only civil government in Utah was provided by the organization of the Latter-day Saints church.  This means church officers had to deal with more than religious difficulties, but also the same sort of problems that existed in other communities.  The police officers and judges were employees of the church.who had to deal not just with moral problems, but also with other legal problems such as murder, theft, and land and water disputes.  They didn't mind this; it gave them greater control.  The non-Mormon civil authorities sent out by the United States government were considered an unnecessary duplication.

  The transition from a theocratic to a democratic form of government certainly did not occur overnight, and the church leaders were slow to surrender their power.  Civil authorities were understandably unhappy about this.  But in the mind of Elder Hyde, remembering the difficulties the Saints had suffered in Missouri and Illinois from non-Mormon government officials, Utah society could be fit into two classes:  the Saints and the gentiles (in early Utah, even Jews were considered gentiles), which translates into modern terms with which you may be more familiar:  "Us" versus "Them".  This translated into opportunities for Bill Hickman and members of his gang, "Hickman's Hounds".  Hope Hilton explains in better detail what this meant:

<p.95>As Bill Hickman remembered it, "Nothing uncommon transpired in '60-61." There were a few murders, some "for stealing and some for seduction," but "some of the greatest scoundrels ran untouched."

  Actually, 1860 began badly for Hickman. On Sunday, 5 January, only ten days after the shooting incident, the bishop of his Mormon congregation spoke "forcibly on the workers of iniquity," promising that he "would do his duty in those things." Lying near death in his daughter's house, Hickman received word that he had been disfellowshipped. His neighbor John Bennion chronicled in his journal that fall his own discussions with the bishop about Hickman. Bennion wanted Hickman excommunicated--a more severe church action than disfellowshipment. On 26 August, Bennion wrote:

Elder Orson Hyde

1805-1878

Orson Hyde

  Orson Hyde was one of the original apostles of the Church of Jesus Christ of Latter-day Saints.  He is best known today for his mission to Palestine in 1841 to dedicate the Holy Land for the return of the Jews, a process that began to take place almost immediately after he had done it, and has continued until the present day.   He was also a back-fence neighbor to Bill Hickman in Murray, Utah in the early 1850s, and a good and influential friend of the Hickman families.  The map below is from the Utah State Archives, and it shows property ownership in what today is known as Murray as it existed in about 1855, shortly after Hickman sold the land to Elder Hyde (to see the transaction, click here).  The squiggly double line along the right edge is the Jordan River.  Lands belonging to Wm. Hickman are shown in the upper right corner.  Lands of O. Hyde are directly south of the Hickman property.  In the lower right corner are lands owned by Bishop Archibald Gardner in partnership with Apostle George A. Smith.

  I spoke privately with [the bishop] about W. A. Hickman. At our evening meeting the matter was further presented.  The Bishop, counsel, and Elder Heywood were present.   Bishop Gardner said there was much prejudice against W. A. Hickman and that he knew nothing against him, as nothing had been reported to him officially. He intimated that W. A. Hickman was apologetic and that he would stand by him or any other Brother until he knew of their guilt. Hickman being called upon confessed to his weaknesses and foibles like other men, but strongly denied his guilt as to things commonly reported on him, stealing etc. Bishop Gardner <p.96> requested any who knew anything against Hickman to report to him and to stop running to Bishop Hunter or he would be after them with a sharpstick. Meeting closed.

  In October Bennion was still concerned about the matter of Bill Hickman's church status:

  Saturday, October 13, 1860: Went to the city met Bishop Gardner, had a talk with him about W. A. Hickman's wicked course for sometime past. He said that up until now he had been bound and could not act, I told him I was not bound, neither was I afraid to oppose the wickedness of any man, that it was my duty to expose. We got home about sundown. In the evening I met with the Bishop and his counselors and parties concerned with trying George Hickman for stealing mules. When about to commence the trial, Elder Hyde came in and by Bishop Gardner's solicitation he preached and the trial was postponed.

  After meeting the Bishop, the counsel, and Elder Hyde had a long talk in my house. Bro. Hyde said, speaking of stealing that a man may steal and be influenced by the spirit of the Lord to do it, that Hickman had done it in years past. Said that he never would institute a trial against a brother for stealing from the Gentiles, but stealing from his brother, he was down on it. He laid down much teaching on the subject.

  Orson Hyde, a member of the Council of Twelve Apostles, was an important Hickman defender. Hickman had saved his life in 1849, and he could not bring himself to condemn Hickman yet. Even as late as 1872, Hickman would use Hyde's line of reasoning in his own defence: he could not understand why people chastised him when all he did was to steal from the Gentiles.

  Bennion attended yet another meeting on the matter of Hickman's church status the next day: "Sunday October 14, 1860: Went to meeting at the mill to hear Bro. Hyde . . . he gave much good instruction, spoke on last night's intention to try Hickman--give it as the word of the Lord to set him free for the past, bid him go and sin no more." Two months later, Elder Heber C. Kimball contradicted Hyde in public: "Certain ones say that we justify stealing from unbelievers but we do not and they who say so shall be cursed, they shall be poor and vagabounds [sic] on the earth, and all the people said, `Amen.'" Kimball's statement underscored the changing times, the isolated frontier giving way to political considerations. The U.S. Army was no longer simply <p.97> the enemy. A greater accommodation to the occupying forces was emerging.

--Hope A. Hilton, "Wild Bill" Hickman and the Mormon Frontier, Ch.12, p.95-97

  In 1864, William A. Hickman and his son-in-law were arrested for stealing some property owned by non-Mormons in Salt Lake City.  Hickman was able to avoid jail by claiming he did it as an employee of the U.S. Army at Fort Douglas.  Samuel was tried and sentenced as described below in the following documents obtained at the Utah State Archives:

The Territory of Utah       }

Great Salt Lake County    }

  Personally appeared before me Elias Smith

Probate Judge in and for the County of

Great Salt Lake, Daniel W. Beach who makes

oath and says that on or about the 15th day

of October last past a certain lot of Merchan

dize consisting of Delainces, Brown Sheeting, a

Box of Straw Bonnets, a roll of Stair Carpet, a

large amount of Buttons of various styles,

Boys Hats, one Waggon Cover, Plaid Dress goods

Allopacha goods, &c. &c. &c. belonging to L.J.

Ruth, were stolen and taken from the Public

Square in Great Salt Lake City and County afore

said.  Deponant further states he has reason

to believe and does believe that one S.M. Butcher

of said County stole the same on or about the

15th day of October last past.  As aforesaid, con-

trary to the laws of the Territory of Utah and

against the peace of the same.

  Deponant further says that he verily believes

that said merchandise stolen as aforesaid,

or some portion of the same are now

concealed in on or about the premises

of the said S.M. Butcher situated on Little

Cottonwood Creek South Cottonwood Precinct in

said County.  And further deponent says not.

Subscribed and Sworn to

before me this 6th day of Dec.J.D. Beach

A.D. 1864       E. Smith

Judge of Probate for sd County

===================

The Territory of Utah       }

Great Salt Lake County    }

Personally appeared before me Elias

Smith Probate Judge in and for the County afore

said David W. Beach who makes Oath and

says that on or about the 15th day of October

last past a certain lot of Merchandize consisting

in part of Delainces, Brown Sheeting, a

Box of Straw Bonnets, a roll of Stair Carpet, a

large amount of Buttons of various styles,

Boys Hats, one Waggon Cover, Plaid Dress goods

Allopacha goods, &c. &c. &c. belonging to L.J.

Ruth were stolen from the Public Square in Great

Salt Lake City and County aforesaid.

  Deponant further states he has reason to believe

and does believe that one S.M. Butcher and

William A. Hickman and others, stole the same

on or about the 15th day of October last past

contrary to the laws of the Territory of Utah and

against the peace of the same.

  Deponant further says that he verily believes that

some of the merchandise so stolen as aforesaid, is now

concealed in or about the premises of the said

William A. Hickman in said County.  And

further deponent says not.

Subscribed and Sworn to

before me this 7 day of Dec.J.D. Beach

A.D. 1864       E. Smith

Judge of Probate for Said County

==============================

                                                                               1118

Territory of Utah          } Before Hon E Smith in Chambers (crossed out)

Great Salt Lake County       } ss Probate Judge for said County

                           }    In Chambers

The People of the United States  }

In the Territory of Utah        }

vs.                        }    Search Warrant

S.M. Butcher               }

To the Sheriff of said County

or any of his Deputies, Greeting

Whereas affidant has been filed before me by Mifflin

Pultner setting forth that on or about the 15th day of

September last past a lot of Blacksmith tools consisting

of Hammers, Monkey wrench chissels Brace &c were

stolen from affiants premises in the Eighth ward in Great

Salt Lake City in said County, by some person or persons

unknown to said affiant - said property being taken [?]

and then the property of said Affiant are of the

value of Twenty Dollars.

These are therefore to command

you to search the premises of said Butcher and partic

ularly the Black smith Shop on Cottonwood Creek in said

County, and if the aforesaid tools or any portion of them be

found on said premises that you take the same into your

custody and bring them forthwith before me so that they

may be dealt with as the law directs.

Here in face not & make due return thereof

Given under my hand and seal of

the Probate Court of said County

  This 12th day of December A.D. 1864

E. Smith

Probate Judge

======================

Search Warrant

The People

    vs.

S.M. Butcher

I return this Warrant having

served the same by Searching

the premises of the within

named S.M. Butcher

and have found the

following named property

to wit, three Hammers

one chessel one Monkey

wrench.  Supposed to be

long to the within named

Mifflin Palimer/

Dec 14th 1864

R.J. Burton Sheriff

for Andrew Burt

  --------------------------

Sheriff Fee           $10.00

==============================

                1118

Territory of Utah   { In the Probate

Great Salt Lake County{ Court December Term

{ Before His Honor

{ Elias Smith Presiding

The people of the United

States in the Territory of Utah

vs.

Samuel M. Butcher

Samuel M. Butcher being

first duly sworn deposes and says:

1st  That he verily believes that this Hon.

Court is predudiced against said affiant

which would render it dangerous for this

affiant Samuel M. Butcher to proceed to

trial in this Court.

2nd  That he very believes, that a predudioral [?]

influence has been used and instigated in

  against the said affiant

this County ^ which would render it

dangerous for said affiant to go

to trial.

Therefore this affiant Samuel

M. Butcher asks for a change of venue

to the nearest Court having jurisdiction

of this case.S.M. Butcher

  Sworn to and subscribed

  before me this 22d day

  of December A.D. 1864

E.W. East, Clerk

===============================

                                 1118

Territory of Utah   { In the Probate

Great Salt Lake County{ Court December Term

                    { Before His Honor

                    { Elias Smith Presiding

The people of the United

States in the Territory of Utah

vs.

Samuel M. Butcher

1stSamuel M. Butcher being

first duly sworn deposes and says:

That he does not know of what crime

he is accused, and that the indictment does

not state with sufficient certainty to

enable said affiant to understand

the nature of said crime.

2nd  That the crimes of Grand Larceny

and Petit Larceny are two separate and

distinct crimes, the punishments

of said crimes differing in their

respective penalties, and said indictment

does not state whether it is Petit or Grand

Larceny.

3rd  That the amount alledged to have been

stolen is above the amount as stated

by law for Petit Larceny, and that said

indictment does not charge this

affiant with Grand Larceny.

Wherefore said affiant prays that

this indictment may be gnashed [?] by this

Hon. court.S. M. Butcher

    Sworn to & subscribed before me       }

    This 23rd day of Dec. A.D. 1864        }

E.W. East Pro. Clerk   }

===============================

Territory of Utah   { December Term of

Great Salt Lake County{ Probate Court

                    { Hon. Elias Smith Presiding

The people of the United States

In the Territory of Utah

vs.

Samuel M. Butcher

Samuel M. Butcher, defendant

in the above entitled cause, being first duly

sworn deposes and says That he cannot safely

proceed to trial, in his own defense for the

following reasons viz:

1st    The absence of three material witnesses

namely:  John Nelson, John W. Lowery and

William Fordhay, all being residents of this

county and Territory and within the process

of this Hon. Court.

2nd  That due dilligence has been used by

said affiant, to procure the attendance

of said Witnesses at this trial.

3rd  That John Nelson if present, would

testify that H.P. Sessions, sold and delivered

a portion of the goods as described in the

Indictment and more particularly described

as follows to wit:  One delaine dress unfinished,

Three pieces of plaid dress goods, one window

curtain, one childs Delaine dress, one piece

of blue ribon.  To the said Samuel M.

Butcher for a valuable consideration, on

or about the twentieth of September A.D.

1864.  And other important facts material

by this action, and affiant further deposes

and says, That the said John Nelson is at

Fort Bridger in this Territory and that he

[p.2]

      cannot establish said above named

facts by any other witnesses.

4th  Affiant further deposes and says that John

W. Fourney, the same and similar good

that were afterwards purchased by the said

affiant  and that the said Lowery recommended

the affiant Samuel M. butcher to purchase

said good and other important facts

material in this cause.

5th  That Affiant further states that William

Forshay if present would testify that on

the fourteenth fifteenth and sixteenth (and

the nights intervening of September last-

past, that Samuel M. Butcher was at his

own residence on Cottonwood creek some

eight miles south of this place and not

in the vicinity of Great Salt Lake City and

other important facts which cannot be

established by any other witnesses within the

process of this court.

6th  Affiant further says that without

the evidence of said witnesses as hereuntofore

set forth by this affiant and that his personal

liberty will be jeopardized and his personal

security hazarded in said affiants' defense

to said action.

7th  Affiant further says that the

continuence sought for will tent to

the furtherance of justice and that the

attendance of said above named

witnesses can be procured at the trial

as is proposed to be defered to the next

[p.3]

       regular term of this Hon. Court, and

that the same facts cannot be established

by any other witnesses, known to the affiant.

Wherefore the affiant prays for said

continuances as aforesaid.

S.M. Butcher

Sworn  & Subscribed to before me

This 23rd day of Dec, 1864

E.W. East Pro clerk

==================================

Territory of Utah   }  Probate Court in

Great Salt Lake County}  Aforesaid County

}  December Term AD 1864

}  Hon. E. Smith Judge

The People of the United States }

in the Territory of Utah     }

v.s.          }  On charge of Larceny

Samuel M. Butcher        }

  We the Grand Jurors of the Grand Jury of the

People of the United States in the Territory of

Utah good and Lawful men duly em-

pannelled and sworn to enquire in &

for the body of Great Salt Lake County in

said Territory upon our oaths do find

and present that one Samuel M Butcher

late of said County yeoman did on the

Fifteenth day of September A.D. Eighteen

hundred & Sixty four feloniously Steal take

and carry away from the Public Square in

Great Sale Lake City in said County known as

the Eighth Ward public square certain goods

and Merchandise then and there being to wit

Five hundred yards Brown Sheeting of the

value of Five hundred Dollars, Three hun

dred yards of Cotton & Wool delain and of the

value of Two hundred dollars, One Box containing

fifty straw Bonnets and of the value of thirty

[p.2]

Dollars.  A Roll of Stair Carpeting contain

ing thirty yards and of the value of Thirty

Dollars.  One hundred grofs of Buttons of va-

rious styles and of the value of one hundred

Dollars   One hundred pieces of Drefs trim

mings of the value of One hundred Dollars

Twenty Boys Hats of the value of Fifty dollars

Plaid Drefs goods.  Alapaca goods and sun-

dry other Articles quantity and value to the

Grand Jurory aforesaid Unknown and all the

property of and belonging to Louiz Jefferson

Ruth Contrary to the form of the Statutes

of Utah Territory in such case made and

provided and against the peace and dig

nity of the people of the United States in

the Territory of Utah

   Wm C Staines

A. MinerForeman Grand Jury

Spec pros Atty

GSL County

==============================

The People

      vs

Samuel M Butcher

We the Jury find the defendant

Guilty as set forth in the endightment

and assess a fine of Three Hundred

dollars ($300.00) and three Years imprison-

ment to Hard Labour.

    G.S.L. CityWm. H. Folsom Foreman

    Jan 3d 1864

==============================

Territory of Utah} Probate Court in & for said County

Great Salt Lake County }ss   January 4th 1865

} Hon Elias Smith Judge

The People of US}  On two several Indictments

            vs} Sentenced in each case to Confinement

Samuel M Butcher} at hard Labor three years Total

  six years

To the Warden of the Penitentiary of Utah Territory

Greeting

Whereas Saml M. Butcher was Indicted tried

& Convicted in the Probate Court of said County

on the 24th day of December 1864, And whereas the aforesaid

Samuel M. Butcher was tried in the aforesaid Court

on another Indictment on the 3rd day of January AD 1865

found Guilty and sentenced to three years imprisonment

at hard labor in the Penitentiary

Therin an therefor

to command you to secure the aforesaid Saml M. Butcher

and Execute upon him the two several sentences aforesaid

by confinement at hard labor in the penitentiary

for the two Terms of three years each to wit Six

years in all and by this shall be your sufficient warrant

for so doingHerin fail not

Given Under my hand and seal of said

County this 4th day of January 1864    E.W. East Probate Clerk

G.S.L. County

U.T.

So that he could be identified, the following description of him was made:

Description of Samuel M. Butcher

Nativity       Kentuckey

Age     Thirty Three

ComplexionLight

Hair    Black

Eyes   Blue

Teeth  Good

Forehead   High

Nose  Common

Chin    Round

Stature6 feet 4 in

WeightAbout 165 lbs

Discharged on Pardon from Gov Doty

March 5 AD 1865

A.P.  Rockwood  Warden

  The note below Samuel's description was added when Butcher was discharged from prison.  Though sentenced to a prison term of six years he only served two months; he was pardoned by Governor James Duane Doty in celebration of the inauguration of President Lincoln.  To see the pardon, click here.

To learn more about Samuel M. Butcher, click here.

To see a modern map of this area of Murray, click here.

To return to the Hickman Family index page, click here.