CHAPTER XL.

Dedication day.--Fourth of July.--Gratitude and thanksgiving.--More

than two thousand had suffered loss.--In six months

the Factory is rebuilt.--Great rejoicing.--Dedicatory

prayer.--Address.--Speeches.--Brigham City M. and M. Association.--A

raid.--Railroad contract.--How a village sprang up.--An

onslaught.--Confusion ensues.--The Grand Jury issues indictments.--Men

drove to jail in a herd.--Great excitement.--Superintendent

Dunn speaks.--John Merrill in custody.--Handcuffed.--Chained

in jail.--Telegrams from the United States President.--How the

Judge received them.--More about Merrill.--Left unguarded and

unacquitted.--About the mill.--Dishonesty of Jurors.--Financial loss.

On the fourth of July, 1878, just six months after the calamitous

conflagration, the Box Elder people, by their united efforts,

indomitable energy and enterprise, had erected another factory

building--48x80 feet, two stories high, and nearly fireproof and

more substantial and commodious than its predecessor. They also had

purchased and put in running order an improved set of machinery. Our

national day, the fourth of July, was chosen for the dedication, and

the entire day, from early dawn, was, by men, women and children,

devoted to gayety, mirth, congratulations and expressions of gratitude

and thankfulness to Him who overrules the destinies of nations, and

whose watchful care is ever extended to His people.

More than two thousand of those people were sufferers in the loss of

their factory, and on this day a feeling of recompense and remuneration

warmed and cheered the most desponding heart. It is utterly impossible

for any disinterested person to appreciate the satisfaction of the good

people of Brigham City and vicinity on this occasion. The reproduction

of one of the most remunerative and important branches, which

constituted their independence, was calculated to inspire every heart

with gratitude to the Giver of all good, for the marvelous success with

which He thus far had crowned their efforts in overcoming difficulties

which at first seemed insurmountable.

We shall not attempt a description of the general exercises of the

day--the mammoth procession, the huge floating flags and waving

banners, and the brilliant, profuse decorations; suffice it to say the

dedicatory services were performed in the factory building, which was

filled to overflowing. Lorenzo Snow, president of the association,

offered the dedicatory prayer, delivered the opening address, and was

followed by others, all interspersed with singing by the Brigham City

choir, and music by the bands. The assembly was dismissed by prayer.

So rapidly had the Brigham City Mercantile and Manufacturing

Association increased in wealth, influence and popularity, that

a strong feeling of envy, jealousy and avarice, the outgrowth of

political aims and financial cupidity in the hearts of Gentile

officials and unscrupulous apostates, broke out in one of the most

flagrant raids ever concocted.

After the heavy loss the association suffered by the burning of their

woolen factory, estimated at thirty thousand dollars in cash, being

in great need of funds to liquidate cash indebtedness, incurred in

rebuilding their factory, purchasing new machinery, etc., they took

a large contract on the Utah Northern Railroad, then in progress of

construction through Idaho, to furnish supplies of timber, ties,

shingles and lumber, to meet demands. It was a gigantic contract, and

they immediately shaped their plans to meet emergencies. They purchased

a saw mill and shingle mill in Marsh Valley, Idaho, and moved to that

place their steam saw mill from Box Elder County. They employed about

one hundred men in the various departments of labor, also a number of

women, who assisted as cooks.

The arrangements were so made with Mr. Dunn, the construction

superintendent of the railroad, that the furnishing contract might

be extended to an indefinite length, or as long as the furnishing

party wished; in view of this, it was requisite that the laborers

employed should be made comfortable as practicable, so as to continue

work during the winter months. Accordingly, log and frame houses were

erected--shanties, sheds, stables, stack-yards and corrals were built;

and the location presented the appearance of a village formed for

comfort, of no inconsiderable dimensions, and not entirely devoid of

taste.

There the association kept a small store, from which the employees

supplied their wants. In fact, the entire concern was so complete in

its organization, and so systematically conducted, that everything

moved like clockwork, honorably representative of the institution

by which it was inaugurated. Superintendent Dunn was highly pleased

with the promptitude with which his bills were filled and his calls

answered. He was furnished from twelve thousand to fifteen thousand

feet of lumber or timber per day, besides a large quantity of ties.

For several months this satisfactory order of things continued, much

to the advantage of the railroad as well as to the prospects of the

co-operative establishment, when, suddenly, without any premonition,

like a tremendous avalanche, a mobocratic raid, instituted by the grand

jury and sustained by an unprincipled judge, a Methodist minister,

Hollister by name, changed the scene, and an indescribable pell-mell

and confusion ensued.

In October, 1878, the grand jury, composed mostly of apostates from

the Church of Latter-day Saints, sat in Malad City, and conniving

against the interests of the co-operative efforts of the Saints, got

up indictments against the laborers at the mills for _unlawfully

cutting timber_. Fifty-three of the men were simultaneously arrested

and driven, like a herd of cattle, fifteen miles to Malad City, and the

mills were ordered to be shut down.

Then, instead of peace and thriving industry, all was consternation

and disorder among the workmen, and great excitement spread everywhere

abroad. The men who were not arrested were every moment apprehensive of

the marshal pouncing upon them; some concealed themselves in the woods,

some under hay stacks, while others made steps for their homes as fast

as possible. Thus the camp was broken up, the villagers scattered to

the four winds, and the business prospects closed.

Although these difficulties were settled, as will be shown hereafter,

it was not till winter had set in, and the people gone to their

homes, many having entered into other engagements, etc.; and thus the

anticipated resources were gone, but not without heavy losses.

In order to show the villainy of the instigators and conductors of that

fiendish raid, we will take one specimen, for instance: Elder John

Merrill, who had charge of one of the mills, and had not cut one tree,

was arrested by indictment of the grand jury, for cutting seventeen

thousand trees, and was sentenced to pay a fine of $13,800 and three

months' confinement in jail. The construction superintendent of

railroad said to Mr. Merrill: "_You shall not go to jail; I would bond

the railroad rather than you should go_." But all to no purpose; the

trial was a humbug--an immense crowd of witnesses were called, and no

one had seen Mr. Merrill cut a tree. After the sentence was pronounced,

he was placed in charge of the United States marshal, handcuffed,

chained to another prisoner and lodged in Malad jail.

The following telegrams speak for themselves:

From Oneida County, October 13TH, 1878.

_To Judge Smith, Brigham City_:

Merrill's fine, thirteen thousand eight hundred dollars--three months

imprisonment. Your son, eighteen hundred dollars and nine months

imprisonment. The judge refuses parties as bail having less than five

thousand dollars real estate. We cannot raise the bail here.

[Signed] Washington Dunn.

Oneida, Idaho, October 18, 1878.

_Judge Smith, Brigham City_:

Jay Gould says the U. S. President will remit fine and imprisonment.

[Signed] Washington Dunn.

Salt Lake, October 18, 1878.

_Judge Smith, Brigham City_:

Received the following last night: "I have arranged with the

Attorney-General to pay the value of timber taken for the U. N. R. R.,

and the fines and sentences will be remitted by the President of the U.

S. Jay Gould."

[Signed] Williams & Young.

New York, October 24, 1878.

_Judge Smith, Brigham City_:

The President has ordered the lumber men released and fines remitted.

[Signed] Joe Richardson.

Oneida, October 24TH, 1878.

Has Merrill been released? If not, where is he?

[Signed] Washington Dunn.

On receipt of the foregoing telegrams, the judge ignored the authority

of the President, saying that President Hayes had no jurisdiction in

the case--that it belonged to the Secretary of the Interior, Carl

Schurz; and finding himself in an awkward and embarrassing dilemma,

this policy judge, being destitute of sufficient noble manhood to

acknowledge and honor a defeat, instead of dismissing those cases

and discharging those under indictment, he affected to disregard

the telegrams and resorted to base subterfuges, conniving with his

mobocratic clan; and all of those indictments remained for years as so

many foul blots on the judicial docket. At length they were expunged by

order of the court.

On Sunday, four or five days after the receipt of the despatch to set

the prisoners free, the United States marshal took Elder Merrill from

Malad jail, and, pretending he was taking him to Boise in conformity to

the verdict of the judge, stopped in Corinne, sixty miles from Malad,

after dark, when, after Mr. Merrill stepped out of the carriage and

proposed to assist in taking care of the horses, the marshal gruffly

replied, "No, I'll see to them myself," and drove off, leaving his

prisoner standing alone, unguarded and unacquitted.

The mill, which the Brigham City Mercantile and Manufacturing

Association purchased in Marsh Valley, had been in operation there

twelve years before the purchase; and, after the raid, the foreman of

the jury bought it of the association at half price, and has kept it

running from that time, supplied from the same woodland, which proves

his egregious dishonesty as a juror.

It was understood, and those raiders must have been cognizant of the

fact, that the government not only granted the right of way, but also

the right of timber for building the railroad, and that the section

under controversy was included.

Irrespective of the anxieties, disappointments and embarrassments

resulting from that unhallowed onslaught, the financial loss which the

association suffered amounted to from six thousand to eight thousand

dollars.

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