When Grandpa Went to Jail - Clifford Stutz (1982) (Story)

Grandpa was in the State Penitentiary from November 29, 1886, to May 31, 1887. He was arrested on Saturday, November 6, 1886, for cohabitation and was brought before a United States Marshal on Monday, November 8. He then appeared before the Grand Jury on November 22, and was turned over to the Sheriff on November 26, who sentenced him to twelve months in prison, a $100.00 fine plus court costs. Three days later on November 29, 1886, he was committed to the State Penitentiary located on the Southeast corner of 13th East and 21st South in Salt Lake City, Utah. The Penitentiary was located in the area known as Sugar House across the street East from the present Sugar House Shopping Center.

The fine if $100.00 in 1886, was rather high and would be equivalent to a fine of $2000.00 to $3000.00 today. A note in Grandpa’s prison diary stated that wheat was selling for seventy-five cents per bushel, cows $25.00 and pigs $1.50. In 1982, wheat was selling for $3.30 per bushel, cows $800.00 and pigs $160.00 or ten to thirty times as much as in 1886.

At the time of his arrest he was forty-eight years old, had two living wives and two wives, Mary Mueller and Margaritha Stoller, who had died. He had five living children, and one child, Hyrum, by Margaritha Stoller, who had died. His first wife Elizabeth Gally Heugly, was seventy-two years old and had borne him no children. His other wife Katharina Leutenegger was twenty-seven years old and was the mother of most of his children.

The children living at home at the time of his arrest were:

1. Lorenzo Herman, age thirteen, mother: Mary Mueller. She died April 17, 1874.
2. Joseph Reuben, age five, mother: Katharina Leutenegger.
3. Orson, age three, mother: Katharina Leutenegger.
4. Mary Magdalene, age two, mother: Katharina Leutenegger.
5. John, age one month, mother: Katharina Leutenegger.

The family lived on a forty acre farm north of 33rd South and 7th East in Salt Lake County. The farm had been purchased from the United States Government on September 13, 1871. A comfortable one story brick home had been built on the property. The address in 1886 was listed as the 3rd house North of 14th South on the East side of 7th East.

A picture taken during the summer of 1897 showed two houses, the original home and a two story frame house to the east. The second wife probably lived in the frame home. The picture included Grandpa (Lorenzo), age fifty-nine, Dad (Joseph Reuben), age sixteen, Uncle Orson, age fourteen, Aunt Mary, age thirteen, and Aunt Lorena, age three, all by Katharina Leutenegger, my grandmother. Grandma is not in the picture. This picture was probably taken during the period of estrangement between her and Grandpa. She divorced Grandpa in 1897 and married John Beck on January 7, 1898.

Grandpa was in the Penitentiary during the winter so his absence did not interfere too much with the farming operations. His son, Lorenzo, was old enough to do the chores and the two wives could get along quite well by themselves.

His prison diary listed livestock consisting of one horse, two cows, two calves and two pigs. He probably had chickens and other poultry. The family probably had plenty to eat and money to live on.

Grandpa’s going to the Penitentiary was brought on by his loyalty to his family and a desire to live the doctrines of the Church. By abandoning one of his wives he could have avoided going to jail. He, along with hundreds of other loyal Church members, chose not to do this and instead submitted themselves to the penalties of the law.

In 1843, Joseph Smith, after inquiring of the Lord regarding the justification for Abraham, Isaac, Jacob, Moses, David and Solomon for having many wives and concubines, received a revelation on the eternal nature of the marriage covenant and the plurality of wives. This revelation is Section 132 of the Doctrine and Covenants. After this revelation was received, all faithful members of the Church were expected to abide by its teachings in order to raise up a righteous posterity. Lorenzo Stutz took this revelation seriously and tried to live its precepts and teachings. Because of this he was sent to jail.