Indictment for unlawful cohabitation

According to the Utah Territorial Case Files available at Footnote.com, Archibald Gardner was indicted on seven counts of unlawful cohabitation in the Third District Court on 7 August 1886 (case number 112). A warrant for his arrest was issued that same day. The indictment was based on testimony given before the grand jury by Reuben Gardner, Carrie Andrews (Andrus), Jane Gardner, Delilah Gardner, and Louisa Savage. The seven counts were based on seven time periods when Archibald was said to have lived with Margaret Gardner, Jane Gardner, Althea Gardner, and May (Mary) Gardner.

Delila Gardner Hughes wrote of the time that Archibald was hiding from the law in her book, Life of Archibald Gardner. She mentioned Mary Larsen Gardner's indignation when a deputy searched her bedding box, and I have always remembered that story. Mary stated, "Mr. Franks, you will never find Bishop Gardner hiding in a bedding box; you will find him on a canal or digging a mill race or at some public gathering." To this the deputy is said to have replied, "I know that, Mrs. Gardner, but you know we must do our duty. We have known where Mr. Gardner was many times but we have gone on and left him doing good, unmolested." (p. 182)

Having remembered that story through the years, I never realized that Archibald had actually been indicted and that his children and one of his wives had been required to testify in front of a grand jury. I can't imagine the feelings of his adult children and his wife as they were required to tell the truth in a court of law, knowing that their father and husband could be jailed upon conviction. It does seem interesting that (to my knowledge) Archibald was never arrested. That circumstance seems to support the idea that the deputies and marshals might have known where he was in all of his public activities and avoided "finding" him.

According to a case file against Brigham Young, he and an entire list of others had their cases dismissed on 19 December 1892 "for the reason that at this late day it will be impossible to procure the evidence necessary to sustain the charges in each of said indictments." Archibald Gardner was included on that list. After eight years of avoiding the law, including moving some of his families to Afton, Wyoming, Archibald was able to continue his life without fear of arrest.

Elizabeth Dowding Gardner Hall: Obituary

The following was published in the Deseret News, 11 August 1921, p. 3:



Mrs. Elizabeth D. Hall Dies After Long Illness

(Special to the News.)
MIDVALE, Aug. 11--Mrs. Elizabeth Dowding Hall, for many years a well known and esteemed resident of Midvale, died in a Salt Lake hospital Wednesday afternoon, following a long illness. She was the widow of Allan Hall and was born in England 69 years ago.

Mrs. Hall is survived by two sons, Arthur G. and Clyde A. Hall; three grandchildren; two brothers, David and James Dowding, and a sister, Mrs. Mary Engler.

Funeral services will be held at the C. I. Goff mortuary chapel in Midvale Saturday afternoon, August 13 beginning at one o'clock. Pursuant to the wishes of the deceased, friends are requested not to send flowers. Interment will be in the Sandy cemetery.

Sarah Jane Hamilton Gardner Howard: Obituary

The following was published in the Deseret News on 17 March 1924, p. 7:


Riverton Octogenarian Answers Call of Death

RIVERTON, March 17. -- Funeral services for Mrs. Sarah Jane Hamilton Howard, 81, who died Sunday at the family residence will be held in the Riverton ward chapel March 19 at 1 p.m. Interment will be in the South Jordan cemetery.

Mrs. Howard was born in Goodrich, Canada, June 11, 1842, and came to Utah in 1852. She married Archibald Gardner in 1857, by whom she had one son, James H. Gardner of Lehi, and in 1865 married Samuel L. Howard, who died in 1906. Three sons survive by this union: Samuel H. Riverton; Robert L. Howard, Blackfoot, Ida.; J. Reuben Howard, Gunnison; Mrs. Samuel H. Beckstead, South Jordan; Mrs. Joseph S. H. Bodell, Wellsville; Mrs. Emanuel M. Olson, West Jordan; Mrs. W. A. Crane, Herriman; also 50 grandchildren and 35 great-grandchildren.

Sarah Livingston Gardner Haun: Death notice

The following was located in the Journal History of the Church, 23 Aug 1889. This article was published in the Deseret Evening News on 26 Aug 1889, but the copy of the paper that I accessed was unreadable.

With deep regret we learn of the death on Friday last of the wife of Brother C. D. Haun, of West Jordan. She was the daughter of Bishop Archibald Gardner, and a most estimable woman.

NOTE: Two of Archibald's daughters were married to Charles Haun, but other records confirm that this death notice refers to Sarah Livingston Gardner Haun.