As an introduction to this part of our narrative, let us consider the practice of plural marriage in The Church of Jesus Christ of Latter-day Saints. Elder Bruce R. McConkie explains that “As early as 1832 the Lord revealed to the prophet (Joseph Smith) the doctrine of celestial marriage, including also the principle of plurality of wives. This was before the restoration of the sealing keys, and so the Lord did not command either the practice of eternal marriage or the practice of the added order of plurality of wives at that time.” (McConkie, Bruce R., Mormon Doctrine, page 52). The actual practice of plural wives began under the direction of the Lord and is further explained by Elder McConkie: “In the early days of this dispensation, as part of the promised restitution of all things, the Lord revealed the principle of plural marriage to the Prophet. Later, the prophet and leading brethren were commanded to enter into the practice, which they did in all virtue and purity of heart despite the consequent animosity and prejudices of worldly people. After Brigham Young led the saints to the Salt Lake Valley, plural marriage was openly taught and practiced until the year 1890.” (McConkie, Bruce R., Mormon Doctrine, page 578).
Judson Tolman entered into the practice of plural marriage while he was living in Tooele, in the year 1852. At that time, he was sealed to Mary Reeves Coleman in the Endowment House. After relocating to Bountiful, in 1854, he was sealed to Sophia Merrell. The four children born to this sealing were recorded in the records of the Church as “Born in the covenant,” signifying that they had been born into a union that was sealed by the Holy Spirit of Promise for “time and for all eternity,” according to the new and everlasting covenant of marriage. This status was altered in 1869 by President Brigham Young’s decision to allow Sophia Merrell to have her sealing to Judson Tolman cancelled.
In the intervening years (between the arrival of the saints in the Salt Lake Valley and the issuing of the Manifesto by President Wilford Woodruff) major persecutions were mounted against the Church because of this doctrine and practice. The reference made by Judson, which we have quoted earlier, “helping to herd Uncle Sam’s Army” is a direct result of these mounting persecutions. Even though the Saints had fled deep into the desert and had insulated themselves from the general populous of the United States, the combination of (a) the discovery of gold in California, within two short years after Mormon colonization of the west had begun, and (b) the subsequent application by the people of Utah for admission to statehood, provided the opportunity for the adversary to redouble his efforts to persecute and to frustrate the gospel plan. Indeed, during the forty plus years that plural marriage was practiced in Utah, culminating in the Manifesto of 1890, rumors and lies about the actual practice of polygamy were propagated in the states and in Washington D. C. An army was sent to police our people and to eradicate polygamy. Federal marshals were in virtually every community, including Bountiful, attempting to arrest any who were found to be practicing plural marriage. Our prophets and apostles were hunted endlessly and were forced to go into hiding. John Taylor, as a counselor to President Brigham Young, served an eleven month jail sentence for practicing plural marriage. He later died in hiding in Kaysville.
On March 14, 1882, the Edmund’s Bill, an overtly anti-polygamy law, was passed in congress by a vote of 190 to 43, depriving the saints of the right to trial and preventing them from serving as jury to their peers. The act condemned all “wrongdoing” Latter-day Saints. In the History of Thomas Briggs, we find the following passage, “It seems as though this year will be an eventful one for the saints, as all manner of things are brought against the saints, and it seems as though the burden gets heavier. There is a bill before congress, called the Edmunds Bill, and the saints are getting up petitions all over the territory, asking Congress to send peace commissioners to come and investigate the lies which they are receiving daily, from ministers all over the nation. We are doing all we can for peace…” (History of Thomas Briggs, Bountiful, Utah, page 101).
On November 7, 1882, an election was to be held in Utah. Again we quote from Thomas Briggs: “November 7th was the time appointed for the election, but the commissioners would not let the peoples party have any say in the matter. John T. Cane was the man nominated to go to Washington to represent the people, and to fill the place of George Q. Cannon, who had been cast out because he was a polygamist.” (History of Thomas Briggs, Bountiful, Utah, pages 107, 109, 113).
In 1883, because of the mounting persecution against the Church, it was thought advisable to deed over to the bishops the meeting houses and the property belonging to the Church, as the enemies of the Church were attempting to gain possession of Church property. They had already claimed cattle and farms and had sold them. (History of Thomas Briggs, Bountiful, Utah, pages 107, 109, 113). In December of 1883, it was determined that those who were practicing plural marriage should go into hiding. Thomas Briggs describes it as follows: “At this time, it was thought best for the 1st Presidency to go into exile, also the Stake Presidency, and the Bishops of the wards, and all who held responsible positions, had to leave their homes, and the prisons were rapidly filling. On July 4th (1883) the federal officers tried to cause a disturbance because certain persons manifested their sorrow for departed liberty, by placing the flag at half mast, on the buildings owned by the Latter-day-saints.” (History of Thomas Briggs, Bountiful, Utah, pages 107, 109, 113).
These excerpts from the History of Thomas Briggs graphically illustrate the turmoil and fear that existed in Bountiful and throughout the area because of plural marriage. While we have no specific record of its impact on Judson Tolman, it is important to remember that, in 1869, three events took place, almost simultaneously, which bear on how Judson might have been treated by the federal Marshals. The events are (1) the illness and eventual passing away of Judson’s first wife, Sarah Lucretia Holbrook Tolman and their newborn daughter, (2) Judson’s subsequent marriage to Zibiah Jane Stoker, and (3) the granting by President Brigham Young of a cancellation of the marriage between Judson and Sophia Merrell. Thus, Judson was not practicing polygamy during the period of 1869 through 1890—the period of intense persecution by the federal marshals. As a result, he was not forced to flee and hide and to do all of the secretive things that other polygamists did, including his son Jaren, who was married to two of Thomas Briggs’ daughters.
At the apex of these anti-polygamist activities, President Wilford Woodruff had conversations with the Lord regarding this subject and, on September 24, 1890, as prophet, he issued the following official declaration:
September 24, 1890
To Whom It May Concern:
Press dispatches having been sent for political purposes, from Salt Lake City, which have been widely published, to the effect that the Utah Commission, in their recent report to the Secretary of the Interior, allege that plural marriages are still being solemnized and that forty of more such marriages have been contracted in Utah since last June or during the past year, also that in public discourses the leaders of the Church have taught, encouraged and urged the continuation of the practice of polygamy—
I, therefore, as President of the Church of Jesus Christ of Latter-day Saints, do hereby, in the most solemn manner, declare that these charges are false. We are not teaching polygamy or plural marriage, nor permitting any person to enter into its practice, and I deny that either forty or any other number of plural marriages have during that period been solemnized in our Temples or in any other place in the Territory.
One case has been reported, in which the parties allege that the marriage was performed in the Endowment House, in Salt Lake City, in the Spring of 1889, but I have not been able to learn who performed the ceremony; whatever was done in this matter was without my knowledge. In consequence of this alleged occurrence the Endowment House was, by my instructions, taken down without delay.
Inasmuch as laws have been enacted by Congress forbidding plural marriages, which laws have been pronounced constitutional by the court of last resort, I herby declare my intention to submit to those laws, and to use my influence with the members of the Church over which I preside to have them do likewise.
There is nothing in my teachings to the Church or in those of my associates during the time specified, which can be reasonably construed to inculcate or encourage polygamy; and when any Elder of the Church has used language which appeared to convey any such teaching, he has been promptly reproved. And I now publicly declare that my advice to the Latter-day Saints is to refrain from contracting any marriage forbidden by the law of the land. (Doctrine and Convenants, Official Declaration 1, page 291-292).
Wilford Woodruff
President of the Church of Jesus Christ of Latter-day Saints
Following the reading of this “Manifesto” in General Conference on October 6, 1890, President Lorenzo Snow moved that “we (the Church as a whole) accept his (President Woodruff’s) declaration concerning plural marriages as authoritative and binding.” The sustaining vote on this motion was unanimous in the affirmative.
Fourteen years later, in the General Conference of April, 1904, a second “Worldwide Manifesto” against plural marriage was declared by President Joseph F. Smith. Apparently, this second declaration was necessary because an alarming number of members of the Church had ignored President Woodruffs manifesto and had continued the practice. Then, after this second manifesto had been pronounced, it was decided that more severe measures would have to be taken against continuing transgressors in order to demonstrate the seriousness of the Church’s intentions in this matter:
Official Statement (1904)—
“Inasmuch as there are numerous reports in circulation that plural marriages have been entered into contrary to the official declaration of President Woodruff, of September 24, 1890, commonly called the Manifesto, which was issued by President Woodruff and adopted by the Church at its general conference, October 6,1890, which forbade any marriages violative of the law of the land; I, Joseph F. Smith, President of the Church of Jesus Christ of Latter-day Saints, hereby affirm and declare that no such marriages have been solemnized with the sanction, consent or knowledge of the Church of Jesus Christ of Latter-day Saints, and I hereby announce that all such marriages are prohibited, and if any officer or member of the Church shall assume to so solemnize or enter into any such marriage he will be deemed in transgression against the Church and will be liable to be dealt with according to the rules and regulations thereof, and excommunicated therefrom.
FURTHER STATEMENT. We have announced in previous conferences, as it was announced by President Woodruff, as it was announced by President Snow, and as it was reannounced by me and my brethren and confirmed by The Church of Jesus Christ of Latter-day Saints, plural marriages have ceased in the Church. There isn’t a man today in this Church or anywhere else, outside of it, who has authority to solemnize a plural marriage—not one! There is no man or woman in the Church of Jesus Christ of Latter-day Saints who is authorized to contract a plural marriage. It is not permitted, and we have been endeavoring to the utmost of our ability to prevent men from being led by some designing person into an unfortunate condition that is forbidden by the conferences, and by the voice of the Church, a condition that has to some extent, at least, brought reproach upon the people. I want to say that we have been doing all in our power to prevent it or to stop it; and in order that we might do this, we have been seeking, to our utmost, to find the men who have been the agents and the cause of leading people into it. We find it very difficult to trace them but when we do find them, and can prove it upon them, we will deal with them as we have dealt with others that we have been able to find.” (Apr. C. R., 1911, p. 8).
In October, 1910, six years after the issuing of the “Second Manifesto” and six months prior to the preceding statement of President Joseph F. Smith, Patriarch Judson Tolman was summoned by the Quorum of Twelve to respond to charges that he had both entered into a plural marriage and also performed approximately fifteen plural marriages after President Smith’s second manifesto.
The Quorum of the Twelve on October 3, 1910
(With their terms of service in the Quorum)
Frances Marion Lyman [1880 – 1916]
Heber J. Grant [1882- 1918]
Rudger A. Clawson [1898 – 1943] Absent for Judson’s Trial [Had been called in April, 1910 to Preside over a Mission in England]
Reed Smoot [1900 – 1941]
Hyrum Mack Smith [1901 – 1918]
George Albert Smith (1903 – 1951 ] Absent for Judson’s Trial
Charles William Penrose [1904- 1911]
George Franklin Richards [1906 – 1937, 1942 – 1945]
Orson Ferguson Whitney [1906 – 1931]
David O. MacKay [1906 – 1970]
Anthony Woodward Ivins [1907 – 1921]
Joseph Fielding Smith [1910 – 1972]
First Presidency: Formed on April 7, 1910
Joseph F. Smith
John Henry Smith
Anthony Henry Lund
Our research into the life of Judson Tolman revealed the following reference to him and his trial before the Quorum of Twelve:
“Within months after his call to the Twelve, for instance, Elder (Joseph Fielding) Smith participated in two cases that resulted in the excommunication of Prominent Church members for their involvement in plural marriage. The first was the scion of a family prominent in Church history whom the Twelve excommunicated on September 28, 1910 for ‘illegally entering into a plural marriage contrary to the rule of the Church.’”
Three days later. Joseph spent another full day with the Twelve considering the second case, which involved a patriarch who lived in northern Utah who was excommunicated on October 3, ‘for violating the rule and regulation of the Church in that he performed plural marriages since the manifesto.’ That it had been twenty years since the Manifesto was issued, and six years since President Joseph F. Smith had published the World-wide Manifesto, suggests the great inertia of a small minority of the Latter-day Saints in accepting and following the admonitions of the Church leaders.”
Over the years since Judson’s excommunication, two facts have proven to be very surprising: first, large numbers of family members—direct descendants of Judson Tolman—appear to have been ignorant of this vastly significant event. Even William O. Tolman, while serving as Tolman Family genealogist and as a member of the Church Genealogical Committee, “discovered” the records of Judson’s excommunication through his own research. Second, among those who were (or are) aware of it, there has circulated a considerable amount of “folklore”—much of it unfounded or incorrectly communicated. In this light, let us step back and look at the facts that we have documented to date. (Gibbons, Francis M., Joseph Fielding Smith: Gospel Scholar, Prophet of God, page 160).
Judson Tolman’s Attitude with respect to his excommunication
I want to begin with a focus on Judson’s attitude after having been excommunicated, because I believe that his attitude and subsequent behavior have had a great deal to do with both his and many of our own statuses in The Church of Jesus Christ of Latter-day Saints. Let me explain. Judson Tolman was not the only member of the Church in his generation to find himself at cross purposes with the Church on the issue of plural marriage. You will note in the quote below from the Journal of Apostle Reed Smoot that Bishop Dan Muir, when called to testify in Judson Tolman’s trial before the Quorum of Twelve, openly declared that he did not believe President Wilford Woodruff’s Manifesto nor the Second Manifesto by President Joseph F. Smith, to have been “made in good faith.” Such was the attitude of no small number of saints who believed that plural marriage was an “eternal” and, therefore, irrevocable principle. Consider the more recent cases of the Erval Ixbaron and John Singer families—both of which had their roots in the same issues and the same doctrines and practices as Judson Tolman’s case, and both of which have been prominently featured in recent news because of violent encounters with the law or within their clans. Why did they—the Lebarons and the Singers—choose to rebel and withdraw from their membership in the Church rather than subject themselves humbly, as Judson chose to do, to the will of the prophet?
Judson Tolman did not rebel nor allow himself to become apostate. Rather, he worked very hard to first regain his membership in the Church, and then to remain faithful until his death in 1916. He was re-baptized by his son, Jaren, on February 14, 1912, having spent only seventeen months and four days outside the Church. He was confirmed that same day by President Joseph Hyrum Grant, President of the Davis Stake, and a brother to President Heber J. Grant, who had participated as a member of the Quorum of the Twelve in Judson Tolman’s trial and excommunication.
Jaren Tolman died September 15,1912, seven months after re-baptizing his father.
From documents that are in my possession, Judson Tolman made it very clear to Charles R. Mabey, his grandson and later to be Governor of the State of Utah, that he (Judson) was very concerned with remaining humble and submissive rather than becoming proud and rebelling, because he did not want his posterity to be negatively impacted by his circumstances, but to remain committed to the Church. With very few exceptions, his descendants, who now number approximately 12,000, have fulfilled Judson’s desire and are active, committed members of The Church of Jesus Christ of Latter-day Saints. What would have been our fate if he had chosen to behave differently? Could there have been apostate Tolman clans living somewhere in rural Utah today, at odds with both the Church and the law of the land? Fortunately, we will never know. However, as we look at the fate of many individuals and families who apostatized over plural marriage, we can be grateful for Judson’s decision and his integrity.
Background and Research
Many members of the family, from Charles R. Mabey and David R. Tolman to William O. Tolman, John O. Tolman and myself, have tried unsuccessfully for many years to gain access to the actual transcript of the trial that resulted in Judson Tolman’s excommunication. That transcript has the answers to the questions that have been perpetuated in family folklore. Those records are not available to us, nor do we expect that they will be made available in the future. Given that fact, we searched in the journals of those members of the Quorum of Twelve who took part in his trial, and we were successful in finding some important detail. From the Journal of Apostle Reed Smoot, who had a special interest in ferreting out polygamy among the Saints, we read the following:
Saturday, October 1, 1910
Left for Salt Lake City on the morning San Pedro Ry [Railway]. At 11:00 o’clock met with the Quorum of twelve. All present but (Rudger) Clawson and George A. Smith. We had before us Patriarch Judson Tolman having cited him to appear and answer to the charge of his having married different men to plural wives contrary to the rule and regulation of the church. We tried to get the whole truth out of him but could not do it. He acknowledged to having
performed fifteen plural marriages. We tried to get out of him who they were but he said he could not remember. He mentioned four as follows: Bishop Muir, Jas. Eldredge, a Mr. Pratt and Merrill. We could not get the names of the others but found out he had married a woman himself but did not know who performed the ceremony. The party had a mask on. He himself married most of the parties on the street and some in buggies and one or two in a house. He
told us the first marriage he performed was Bishop Muir and he insisted all were before April 1904, the year of the declaration of President Smith. It was evident to all that he was not telling the truth and had been instructed what to say but he would not tell with whom he had been talking. We adjourned until 3 o’clock and asked Bishop Muir to be present. He was present and admitted he married a plural wife on June 14, 1905. (See explanation to follow, under Bishop Dan Muir.) He would not inform on anyone else—did not believe the declaration of President Smith was made in good faith nor the Woodruff manifesto was ever intended to put a stop to polygamy—claimed they had been going on ever since 1890 and no action taken. Believed now that they were stopped because action was being taken. The bunch, as he designated them, knew each one ran a risk and was liable (?) to be excommunicated if found out. We agreed to summon Judson Tolman before us again to show cause why he should not be excommunicated next Monday, October 3, at 10:30 A M at Temple rooms. We also thought we could get some additional information from him. I have insisted that action should be taken long ago and today’s proceedings demonstrate it beyond a question.
Monday, October 3, 1910
Meeting at the Temple at 10:30 AM. Judson Tolman was present as requested. He told a little more about how he came to perform the illegal marriages and had been instructed to put them all back of April 1904, by Henry S. Tanner and others because it was necessary to save himself and others. (Underlining added by the Editor) He continued to evade and even lie about certain actions of his. After he was excused it was unanimously agreed to excommunicate him from the Church for performing plural marriages and also for having married a woman himself contrary to the rules and order of the church.
Wednesday, October 5, 1910
Meeting of Quorum at 9 o’clock. We discussed the Tolman case for nearly one hour and Pres. Lyman was instructed to send him a notice of excommunication similar to published notice in News of last evening. We did not mention his lying and taking another wife in 1905. Pres. Lund and John Henry came in at 10 o’clock and reports were made. We clothed and Lyman prayed in opening and I in circle. We took up the question of a circular letter to be signed by the First Presidency to the Presidency’s (sic) of all the stakes of Zion, calling their attention to new polygamy cases and directing them to bring action against any persons who have violated the declaration of Pres. Smith made at April Conference, 1904.
I want to emphasize points that are implied in the foregoing materials from Elder Reed Smoot as well as in the writings of Hales and Anderson. First, nowhere in the commentaries does anyone raise the question about Judson’s having had authority to perform sealings or marriages. Even the twelve did not raise the issue of authority—only of propriety and adherence to the “order of the Church.” This point is important to emphasize, because, as we analyze the reasons for Judson’s excommunication, we are certain, from the journal of Reed Smoot, that the twelve (or the ten members who were present for his trial) were unanimous in their recommendation to excommunicate him, based on the following:
1. Judson had performed plural marriages and had married a woman himself” contrary to the rules and order of the church.” From Elder Smoot’s comments, the official notice of excommunication did not reference Judson’s having taken a plural wife. It was, however, an issue in the trial. This marriage was to Eleanor Odd Williams, the widow of Alfred Ellis Williams. Judson was sealed to her in 1908, when he was eight-two years of age. The marriage was never recorded on the records of the Church. While we do not know the exact date of the sealing, on November 19, 1908, five children of Eleanor Odd Williams were sealed to her and Judson Tolman by John R. Winder. (Documentation on file at the Tolman Family Genealogical Center and published on the Family Group Sheet, Vol. I, First Quarter, 1965, page 8). It is safe to assume that the marriage took place on that date, or perhaps at an earlier date.
2. When queried about his actions, Judson refused to answer some of the questions that were put to him by the Quorum of Twelve and was perceived to be evading and, at times, even lying about his actions and motives. (He “had a mask on.”) Again, according to Elder Smoot, the lying was not mentioned in the official notice of excommunication. It is easy to envision an eighty-four-year-old Judson—a proud man as well as devout—being made an example of by the Church at a time when it was essential to ferret out those who were bringing discredit upon the Church because of their actions. He willingly took the brunt of the disciplinary action in an attempt to protect the identity of other individuals who had behaved “contrary to the order of the Church.” It is equally clear that he had been advised to “cover up” by Henry S. Tanner, who probably was part of the “Bunch” that Judson was attempting to shield. There is no other way to interpret his actions. (We have attempted to obtain additional information about Henry S. Tanner, who apparently was the principal adviser to Judson in his decision to “lie” and to not reveal the identity of those for whom he had performed illegal marriages. That can be the subject of additional research, but it is not essential to our history.) None of us believes that Judson actually could not remember names and dates of couples whom he united. They were probably recorded in his journal. His sin, for which he paid with his membership in the Church, was that he chose not to follow the Lord’s current prophet, and he compounded his error by refusing to implicate those for whom he had performed unauthorized sealings.
3. We have no reason to believe that Judson was part of the radical movement, within the Church which based its actions upon a belief that (a) Wilford Woodruff’s Manifesto of 1890 was ill-founded or contrary to the will of the Lord, and (b) Joseph F. Smith’s subsequent Manifesto in April Conference, 1904 was similarly ill-founded. This faction of misguided Church members (and, to be certain, former Church members) attempted, as demonstrated in the writing of Hales and Anderson, to create a doctrinal basis for their believing that the sealing powers of the Priesthood were not subject to the “order of the Church,” as that order had been defined by two of the Lord’s prophets—Wilford Woodruff and Joseph F. Smith. This belief was clearly a sign of apostasy and many who adhered to it were excommunicated for doctrinal apostasy. Hales and Anderson characterized Judson as one who conformed rather than apostatize. This fact is evidenced by his subsequent re-baptism. It is highly intriguing, however, that Bishop Dan Muir, who appeared before the Quorum of the Twelve during Judson Tolman’s excommunication trial, did declare before that body that he believed the two manifestos not to have been “made in good faith.” I quote from the Journal of Reed Smoot: “He would not inform on anyone else—did not believe the declaration of President Smith was made in good faith nor the Woodruff manifesto was ever intended to put a stop to polygamy—claimed they had been going on ever since 1890 and no action taken.” In spite of this overtly apostate declaration, and the fact that Bishop Muir admitted to having entered into an illegal marriage which Judson Tolman performed in 1905, no action was taken against him.
Perhaps even more intriguing is the fact that, on the official records of the Church, Dan Muir was sealed to Georgenia Barlow on the same day that their marriage was recorded, June 14, 1905. These facts indicate that (a) the Church did not question the authority of Judson Tolman to have performed the sealing, nor was the sealing invalidated or disallowed because it was “contrary to the order of the Church;” and (b) the children born to this marriage, which was “counter to the will of the Church,” were “born in the covenant.”
Those were difficult, ambiguous times for members of the Church—particularly for the members who had entered into the covenant of plural marriage. It was not a doctrine that had been easily espoused by Joseph Smith and his contemporaries, as evidenced by the experiences of Heber C. Kimball. The Church (speaking collectively) had been persecuted and driven from place to place for their beliefs and had been willing to subject themselves to such persecution rather than submit to ungodly individuals or actions. Armies and federal marshals had been sent to Utah to enforce the anti-polygamy laws and even the prophets had gone into hiding rather than abandon their de-facto practice of polygamy. Similarly, Reed Smoot, as an elected official, had not been allowed to take his seat in the U. S. Congress because of the perception that Utah was a “polygamy state.” Under such pressure, when the Lord decided to modify the doctrine—thereby making it the “new” rule or order of the Church that polygamous marriages should no longer be performed—many of those who had lived through the earlier persecutions perhaps felt that we (the Church) were merely succumbing to the political and military pressures of the day and that we had abandoned the “real” will of the Lord. There is more modern parallel in the Revelation on Priesthood that was given through President Spencer W. Kimball, which, to those who chose to receive it as “expediency” rather than as revelation, caused them similarly not to follow today’s prophet and not to accept the fact that the Lord has the right to change the “order of the Church.” There is a lesson in this for us today, as there was for Judson between April, 1904 and October, 1910.
Explanation: Bishop Dan Muir
“On September 14,1905 Dan Muir was married (in a plural marriage) to Georgenia Barlow, daughter of Ianthus H. Barlow, in West Bountiful. At that time, Dan Muir was serving as Bishop of the West Bountiful Ward. Georgenia was for many years a teacher in the Sabbath School of West Bountiful, and a faithful member of the Church. They made their home in West Bountiful where they reared their family.”
Editor’s Note
(From the accounts of Apostle Reed Smoot, who notes that “Bishop Muir” was called to testify in the trial of Judson Tolman, together with the testimony of Bishop Muir—that he was sealed to a polygamous wife in 1905 by Judson Tolman—it is clear that the marriage in question during Judson Tolman’s trial was, indeed, that of (then) Bishop Muir of the West Bountiful Ward and Georgenia Barlow. Dan’s first wife, Lilly May Fisher, lived to the age of eight-eight years, dying in Salt Lake City in July, 1953. She and Dan were sealed in the Logan Temple. There is no indication that any punitive action was taken against Bishop Muir for having entered into this “illegal” marriage during his term as a faithful Bishop. This may point to a very important possibility, i.e. because Bishop Muir was forthcoming and readily admitted to the marriage in question, perhaps the Quorum of Twelve were lenient with him, whereas Judson Tolman had been less than completely forthcoming with information and had attempted to cover up his actions—which may explain the unanimous recommendation for his excommunication by the ten members of the quorum who were present.
You will also recall that Judson Tolman, in his explanation to the Quorum of the Twelve, mentioned four marriages which he knew to have occurred following the second manifesto (1904)—the first involving Bishop Muir, and the second involving a Brother James A. Eldredge. According to records that are currently in my possession, which were written by Judson Tolman, James A. Eldredge was a counselor to President Joseph H. Grant in the presidency of the Davis Stake. He came to Patriarch Judson Tolman and asked him to marry him to Lucretia May Cooley in the fall of 1906. In Judson’s words: “From the fact that he was in the presidency of the Davis Stake, I took it that the authority was straight enough, so I married him to Miss Cooley.”
It is particularly curious—and indicative of the level of non-conformity that existed in the Church during these troubled years—that a counselor in the Stake Presidency with whom Judson Tolman labored as a Stake Patriarch, would have entered into an “unsanctioned” marriage while serving as counselor to the brother of then Apostle Heber J. Grant. (On the official records ofthe Church, Lucretia May Cooley was born May 13, 1877 in Batesville, Tooele County, Utah. Her marriage to James A. Eldredge is recorded as September 27, 1926. This reference is either to a subsequent sealing, post-dating the original ordinance that was performed by Judson Tolman, or it has been entered incorrectly into the record). It is perhaps even more curious that President Eldredge was not called to task nor made an example of, as Judson was, for this action which also was “contrary to the order of the Church.” This curiosity gives rise to one of the “family folklores” which describes a later meeting between President Heber J. Grant as prophet and Charles R. Mabey in the company of David R. Tolman, the former a grandson of Judson Tolman through Sarah Lucretia Holbrook and (later) Governor of the State of Utah; the latter, a son of Judson Tolman and Zibiah Jane Stoker and a respected administrator of the Stoker School in Bountiful. In this meeting, the Tolman family requested a reinstatement of the priesthood ordinations and temple blessings of Judson Tolman. The request was denied.
At this point, it is important to acknowledge the many friends and members of the family who were aware of Judson Tolman’s excommunication and who worked hard, but to no avail, to have his blessings fully restored. Among those, Charles R. Mabey stands out as one of the most committed and long-suffering. He was very close to his grandfather. He was not bashful in his pursuit of any measure that would have resulted in Judson Tolman’s blessings being restored. Unfortunately, he died without ever having achieved the desired reinstatement of his grandfather’s priesthood ordination and temple blessings.
Another who worked tirelessly to secure Judson Tolman’s reinstatement was William Odell Tolman, a great-grandson, who was the family genealogist from 1959 until his death in 1980. The materials that follow are excerpts from the transcript of an audio tape recorded by William O. Tolman on July 20, 1978. Verbiage from the transcription appears hereafter in italics:
“I am recording on this tape for my son, John Odell Tolman, some of the experiences that I had in connection with my great grandfather, Judson Tolman.”
“After I became the family genealogist (April, 1959) and started working on the records that she (Aunt Myra Tolman Patterson) had compiled, I was impressed with the fact that my great grandfather’s record was not complete. In fact, in 1960 he began to bother me in my sleep. I never saw him, but often I felt his presence; and I would get out of bed and write down the impressions that came to my mind… Finally, I found a letter signed by the President ofthe Quorum ofthe Twelve Apostles, excommunicating my great grandfather, Judson Tolman, from the Church:
October 3, 1910
Patriarch Judson Tolman
Bountiful, Utah
Dear Brother Tolman:
These presents will notify you that on this day you were excommunicated from the Church of Jesus Christ of Latter-day Saints by unanimous vote of the Council of Twelve Apostles for solemnizing illegal and plural marriages in violation of the rules and regulations of the Church of Jesus Christ of Latter-day Saints.
signed by Francis M. Lyman
in behalf of the Council
“And, with the help of my cousins…we found in the records of the genealogical library where Judson had been baptized by his son, Jaren Tolman in 1912 and again confirmed a member of the Church by the Stake President.”
Then I began to petition the brethren for the permission of having the blessings of the priesthood and temple ordinances restored to my great grandfather… In 1964 Elder (Delbert L.) Stapley wrote me a letter saying that Judson would not at that time be reinstated, and that this would have to wait to some future time when the Lord was willing.”
Restoration of Blessings and Ordinances Authorized Ordinances Performed in the Salt Lake Temple
“Finally in November 1966, because of a new ruling that the first Presidency had made, I was authorized to go to the temple and have the work done for my great grandfather, Judson Tolman. (On August 15, 1966, the First Presidency, under the direction of President David O. McKay, announced a new policy indicating that temple ordinance work could be performed for deceased members ofthe Church who had been previously excommunicated. For the purposes of posthumous temple work, they were to be treated as if they were non-members.) (John Odell Tolman, “Judson Tolman, Pioneer and Patriarch: My Great Grandfather,” a research paper submitted to the History Department of Brigham Young University, August, 1978, page 23). I notified my cousins…and we met at the Salt Lake Temple on the 16th of December, 1966. I received the
priesthood, the Melchizedek Priesthood, for and in behalf of my great grandfather and was ordained an elder And then for him I went through and received the endowment. After going through the veil into the Celestial Room, we met in a sealing room. Two cousins, a male and a female, knelt at the altar and Sarah Lucretia Holbrook, Judson Tolman’s first wife, was sealed to him for time and all eternity. Then fourteen cousins knelt at the altar along with the two previously mentioned, to represent their fourteen children, and they were sealed to their parents for time and all eternity. It was a glorious day, a spiritual experience! Many tears were shed, and we felt that now his work was complete. And this I continued to feel until this past week, when my son, John Odell Tolman, notified me that there was a question whether or not this work was done properly.”
The detail of this discovery is recorded by John Odell Tolman:
“(I) returned Monday, 17 July 1978, and was informed by Sister (Mavis) Roundy (a secretary in the Special Information Services of the Genealogical Department)…that Judson Tolman’s priesthood blessings had not been restored, because the First Presidency, in November of 1966, had rescinded the policy that they had made 15 August 1966 allowing temple work for the deceased who had been excommunicated… Upon returning and viewing all the information in Judson Tolman’s confidential file, there was no record of his priesthood blessings being restored nor was there any reference to the work done in the temple 16 December 1966 by William O. Tolman and his cousins.” (This quote appears on pages 24 and 25 of John Odell Tolman’s history. On those same pages, he explains that President Harold B. Lee brought to the attention of the brethren that when priesthood blessing are restored to the living it is done in a particular place in the temple…without having him go through the regular endowment session, and such a procedure should be followed in behalf of the dead. As a result of this meeting, the policy which had been made on August 15, 1966 by the First Presidency was rescinded before it was received by the temples. This explains why the vicarious work performed by William O. Tolman and his cousins was not considered valid. See pages 24 and 25 of John Odell Tolman’s history.)
William O. Tolman died in 1980 and was succeeded in the capacity of family genealogist by Genevieve Tolman Hofhine. In our desire to resolve the details of Judson Tolman’s status in the Church, on March 9, 1981, Genevieve Hofhine and I (Dennis Tolman), as members of the Executive Committee of the Tolman Family Organization, made a personal visit to Brother Val D. Greenwood, Manager of the Special Services division of the Temple Department. We had been directed to him as the individual who performed all the preparatory paper work for reinstatement of temple blessings by the First Presidency. He requested that we formalize our request for reinstatement by putting it in writing, which we did that same day. A copy of that letter is included on the following page.
THECHURCHOF
JESUS CHRIST
0F LATTER-DAY
SAINTS
TEMPLE DEPARTMENT
50 East North Temple Street
Salt Lake City. Utah 84150
14 December 1981
E. Dennis Tolman
1187 Oakridge Circle
Bountiful, UT 84010
Dear Brother Tolman:
This is to inform you that on 24 September 1981 the blessings were restored for Judson Tolman who was excommunicated on 3 October 1910 and reinstated by baptism on 14 February 1912.
We have verified that the first four children of Judson Tolman and Sarah Lucretia Holbrook were sealed to their parents on 10 November 1886 in the Logan Temple. That date should be recorded on the family group record inasmuch as they are valid sealings. The procedure explained in Brother Christiansen’s letter of 16 November 1966 concerning the sealings of
children and children born in the covenant is no longer used.
Please accept our best wishes.
Sincerely your brother,
Val D. Greenwood, Manager
Special Services
March 9, 1981
Brother Val D. Greenwood
Manager of Special Services
Temple Department
The Church of Jesus Christ of Latter-Day Saints
Salt Lake City, UT 84111
Dear Brother Greenwood:
Pursuant to our meeting in your office this afternoon, I am writing in behalf of the Thomas Tolman Family Organization to formally request the reinstatement of Priesthood blessings and Temple Ordinance work for Judson Tolman (1826-1916).
As a family, we are deeply indebted to you and to the many individuals who have assisted us in the research and documentation of the events leading to the excommunication and subsequent rebaptism of our pioneer ancestor. It is of great importance to us that the records now being submitted in compliance with the Four-Generation Program be complete and acceptable.
Official Church records will show that Priesthood blessings, endowment and subsequent sealings to wives and children were authorized and performed during 1966 and that, due to a change in procedure, these ordinances are not considered valid. For this reason, we request that clearance, once again, be obtained from the First Presidency to allow us to complete our work for Judson Tolman.
E. Dennis Tolman
Vice President
Genevieve Hofhine
Vice President, Research
THE CHURCH OF
JESUS CHRIST
OF LATTER-DAY
SAINTS
TEMPLE DEPARTMENT
50 East North Temple Street
Salt Lake City, Utah 84150
1 February 1982
E. Dennis Tolman
1187 Oakridge Circle
Bountiful, Utah 84010
Dear Brother Tolman:
On 14 December 1981 we informed you that the blessings were restored for Judson Tolman on 24 September 1981 in the Salt Lake Temple.
After the letter was sent it was discovered that an improper procedure was followed and the blessings were not restored properly.
Please note that the date of the baptism given in our previous letter was correct. However, the date upon which priesthood and temple blessings were restored was 23 January 1982.
Thank you for your patience in this matter. We are sorry for any inconvenience this caused.
Please accept our best wishes.
Sincerely your brother,
Val D. Greenwood, Manager
Special Services
Nine months after our meeting with Brother Greenwood, we received official notification from his office of the restoration of temple blessings for Judson Tolman, which took place under the direction of President Spencer W. Kimball on September 24, 1981. In addition to documenting the restoration of his temple blessings, the letter further clarified the status of the first four children bom to Judson Tolman and Sarah Lucretia Holbrook, noting that they had been sealed to their parents on November 10, 1886 in the Logan Temple. This clarification was most helpful, because we as a family had been concerned with the completeness of our records, since Judson and Sarah Lucretia, themselves, were not sealed until December 20, 1852, after the births of Sarah Margaret (1847), Nancy Jane (1848), Judson Adonirum (1850) and Joseph Holbrook (1851).
It is a source of enormous comfort and satisfaction to know that the circle of Patriarch Judson Tolman’s covenants and ordinances is now complete. With the restoration of temple blessings and priesthood ordinations, we can be certain that Judson Tolman stands today in his rightful position as patriarch to the several thousand descendants in whose veins the blood of his lineage has been perpetuated. That lineage makes each of us, if worthy, rightful heirs to the covenant blessings of Abraham, Isaac and Jacob. If we remain faithful, we are assured that Judson Tolman will stand as part of the welcoming committee for us as we pass through the veil and occupy our position in the links of our eternal family chain.
One great connecting link is given
Between the sons of earth and heaven:
The Spirit seals us here on earth,
In heaven records our second birth.
Gospel Kingdom, page 384
(Contributed by the Thomas Tolman Family Organization. Excerpt from Judson Tolman: Pioneer, Lumberman, Patriarch by E. Dennis Tolman, Second Edition, 2004, pages 81-99).