Chapter 7
Chapter 9
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Chapter 8
In Aurora, Hans started having problems with the United States marshalls who were hunting "cohabs," or men who had plural wives. The law forbade what was called, "unlawful cohabitation." One of the children remembers: "Many times he would hide in the fields and his children would bring his lunch to him and sit to listen to the wonderful stories he could tell of things that were of interest to him and his family." 1 Levi, one of his youngest children stated: "… he was hounded day and night. He would hide out any place he could find a place to sleep, down by the river in the thick willows and many other places." 2 It is possible that this last observation was of a later experience in Bunkerville, after he was released from prison.
Hans was known by the authorities as having a second wife as early as May 1886. There is a fair amount of detail found in a set of court records, housed in the National Archives in Denver, Colorado. These documents are summarized here to show the official process of his eventual arrest and conviction. 3 The complaint and arrest warrant, dated December 31, 1888, lists his "illegal activities" beginning on September 3, 1886:
"William Bennet of Provo, in the County of Utah Territory of Utah, on behalf of the United States of America, on oath complains, that Hans Sorensen in the County of Sevier and Territory of Utah, on the Third day of September in the year of our Lord, one thousand, eight hundred and eighty-six in the County of Sevier and Territory aforesaid, and on divers other days and times thereafter, and continuously between said last mentioned day and the 2nd day of September A. D. 1888 did then and there unlawfully live and cohabit with more than one woman, to-wit: With Mrs. [Anna] Sorensen, Mathilda Evensen Sorensen against the peace of dignity of the United States of America, and contrary to the form of the statute in such case made and provided, wherefore complaintant prays that a warrant may issue for the arrest of said Hans Sorensen and that he be dealt with according to the law." [signed] W Bennett 4
A warrant was then filed for his arrest, 5 followed with a subpœna for Anna Sorensen and Parley Sorensen to appear in court as witnesses. 6 All three of these documents had the same date: 31 Dec. 1888. The next document, dated 15 Aug. 1889, seems to be a statement of bail. Parley Sorensen and Ezra Curtis appear to have posted $300 bail for Hans on that date. 7 The next paper, dated 10 Aug. 1889, is a statement that Matilda Evensen was not expected to honor the subpœna to be a witness against Hans because "She is the reputed plural wife of the defendant and does not wish to give evidence against him." 8 An arrest warrant is then issued on that same day, 10 Aug. 1889, for Matilda commanding: "attach the body of Matilda Evensen and have her before me at my office in Salina." 9 That warrant was filed on August 15, 1889. This very difficult time, especially because their infant son, Levi was born less than a year before, on September 16, 1889, at "Lost Creek, across the Sevier River from Aurora." 10
Anna Sorensen, Parley Sorensen, and Matilda Evensen were commanded in the next paper to appear before a Grand Jury in Provo on 27 Sept. 1889, at 10 o'clock A. M. 11 This summons was dated 21 August 1889. A statement of bail showed that Parley and Hans Sorensen posted bail for Matilda Evensen on 16 August 1889. The amount was $100. 12 A Grand Jury indictment was issued on 27 September 1889, against Hans Sorensen. 13 He was charged for adultery instead of unlawful cohabitation. What is curious is that in this document Matilda is listed as Matilda Sorensen instead of Matilda Evensen, seeming to indicate that the court considers her as being married to Hans. Why then could it be considered adultery? The wording of the accusation is quite specific: "… unlawfully having carnal knowledge of the body of one Tilda Sorensen, [she] being then other than the wife of him the said Hans Sorensen." 14 The last paper of the set of documents specifies the indictment against Hans Sorensen for the crime of adultery and calls for his arrest. Hans was held on bail of $1500. 15 He was arraigned before Judge J. W. Judd. 16
Joseph Smith Black, a bishop of the LDS church from the city of Deseret, went through a very similar process a few months prior and had this to say about Judge Judd: "Judge Judd was considered as good a judge as we had on the bench, and I will here record a few of his judicial acts, and then the reader can form an opinion of what the other judges would do. Many old gray-haired veterans, honorable citizens who had married their wives many years ago in their young days and raised honorable families, which they refused to abandon, were given from sixty days to eight years in the penitentiary and in some cases a heavy fine and costs besides." 17 Black then proceeds to enumerate cases where non-Mormons committing "deliberate murder, seduction of women, leaving them with child," etc., received minor or suspended sentences - all from Judge Judd.
Black also gives some details of Judge Judd and his work: "Judge Judd was a man of medium height, heavy set and about 55 years old with a short gray beard. He is a native of Tennessee. He had an open and pleasant countenance and looked like a man with some sympathy, and were it not for his extreme prejudice against the Mormons, I think he would be an honorable judge. In passing sentence upon our Brethren he declared in a loud voice that this practice had to be stopped, having reference to unlawful cohabitation, and this government has got the will and power, and will never let up as long as the sun shines." 18
Black describes the tenacity and cruelty of the process: "The procedure against the Mormons was so strong that evidence and arguments for the defendants were not taken much notice of. When a defendant was called before the court for sentence his family in some cases was sitting in the court room in great agony, and many were the tears of anguish that fell from their cheeks while they were listening to the sentence pronounced upon their loved one." 19
Another thing that Black reports is that if a man on trial renounced his plural wife and family, he was often let free. He reports: "A man [name omitted here] had accompanied me from Deseret and was to have been sentenced the same afternoon. I kept watch to see him coming, but after a while was informed that he had unconditionally agreed to obey the law and abandon one of his families." 20
(An interesting, but unrelated fact is that the son of Bishop Black, Joseph Western Black, married a granddaughter of Hans: Mary Ann Buchanan, Caroline's daughter.)
As to the idea of abandoning a wife or family, we have a quote attributed to Hans declaring: "I am proud of my wife and little children. Our love transcends a decree. We will be blessed because we did what the Prophet asked us to do. I cannot leave them just because of the Manifesto. Our Prophet asked me to do this. I will never leave my little wife and family. " 21
A Deseret News report two years later reports Hans' conviction and sentence to prison. The record states: "Mon. 30 (September 1889) - … In the First District Court, at Provo Jens L. Jensen, of Central, Sevier Co., was sentenced to 62 days' imprisonment and costs for unl. coh.; Hans Jensen, of Goshen, to two years and costs, and Hans Sorensen, of Aurora, to six months, and costs for adultery and Terry Thurston, 70 years old, to a fine of $25 and costs, for unl. coh." 22 The crime for some, including Hans, was adultery. For others, it was "unlawful cohabitation." In 1887, with the passing of the Edmunds Tucker Act, "It annulled the law of the Utah Territory which provided that prosecutions for adultery could only be commenced on the complaint of the spouse, declaring that adultery could thereafter be instituted in the same way as prosecutions for other crimes. … An indictment for adultery could be prosecuted through the testimony of witnesses who did not have to prove sexual intercourse." 23 It was therefore easier for the judges and prosecution to bring about adultery convictions than before so that sentence became more common.
Hans Sorensen entered the Utah Territorial Penitentiary as a convicted criminal on that day, Monday, September 30, 1889, and remained there 5 months. His release date was March 1, 1890. There doesn't appear to have been a fine assessed, but he (or his family) paid court costs totaling $52.00. 24 Hans was 64 years old at the time of his incarceration. 25
Since Hans did not write a history, his experiences in prison can only be surmised from the report of others. His son, Andrew William, mentions in his history that he visited his father in the penitentiary, saying, "It was a trying scene to see my father dressed in striped clothes and to know that he had to lay on an iron floor when old and feeble. He was sick most of his time there and he was never right well after he got out. I conversed with him a half hour and spoke a few comforting words to him and gave him three dollars. It was a visit never to be forgotten by him or me. We had to make the best of it and it was a joyful day when he came home again and I could visit him by his own home and dear ones." 26
We can learn more about that cruel time by reading the accounts of some others who served in the penitentiary at the same time and for similar "crimes." Fortunately, there are a number of these accounts. Only a few will be cited here. In the appendix, there is a list of references of known writings outlining prison experiences of men who served during those 5 months. Only the most applicable are included in this writing.
Generally, those convicted of these crimes were immediately taken into custody and transported to Salt Lake City. In Hans' case, he traveled by rail from Provo. Black describes his experience: "We arrived at the depot of Salt Lake at 6:30 p.m. It was beginning to get dark. I met on the platform Sister Yates, who had been to the penitentiary to see her husband. She greeted us kindly and bid us be of good cheer. Two wagons awaited our arrival into which we seated ourselves with our bedding and satchels, being very crowded and uncomfortable. We proceeded up South Temple Street, thence down Main on East Temple Street, and while riding along viewing the brilliant electric lights and the handsome displays in the store windows. " 27 The penitentiary was located east of 13th East and south of 21st South Street in Sugarhouse, where Sugarhouse Park and Highland High School now stand.
"We arrived at the penitentiary about 8 o'clock and we were ordered to leave our things outside. We were then crowded into a space of about four feet by twelve, between two gates. The outer gate was opened to receive us and then shut on us before the inner one was opened. Thus we were made to feel near to each other, that being the first process of applying the screw. But before we were passed through the gate we were taken into a room and searched, and relieved of our money and our pocket books. A small man was sitting at the end of the table taking a list of what was taken from us and a large one with a black beard was doing the searching. This was done to ascertain whether we had any contraband goods." 28
Another prisoner, Franklin W. Young relates: "I soon learned there was a great difference between 'toughs' and 'co-habs'. The former were convicts [convicted] for breaking some law, such a burglary, adultery, etc. while the latter was having more than one wife - those who were suffering imprisonment rather than abandon their wives, and deny their children. The prison authorities were kind to us in that they kept us separate as much as they could. As a rule they did not put a 'tough' and a 'co-hab' in the same cell together." 29
The living conditions were as bad as you might expect, especially at the time Hans was imprisoned. The winters were cold and summers hot and sweltering. Hans was imprisoned when the facility was the most over-crowded: "At the peak of overpopulation in 1888, officials built three bunkhouses of two-by-sixes laid flat and spiked together for walls, floor, and ceiling. These provided an excellent breeding ground for bedbugs, a common Salt Lake pest in the best of households. Three-tier-high bunks, sleeping two in each, surrounded a small heating stove and an impossibly tiny center lounging area. Partitioned off in one corner was a wooden box and water barrel cut in two, called the "dunnigan," which did duty for the men during the night. A few barred windows and ventilating shafts in the roof relieved the stuffiness." 30
Black describes the first entry into their cell (there were two men, Jolley and Black): "We were then conducted to an upper room which they called the highest heaven in the institution. An iron gate was opened to us by the guard, and Black and Jolley were ushered into cell No. 55. The bolts were shoved back with an extremely harsh grate on our feelings, and for the first time in our lives we realized what it was to be prisoners. We were in the dark in a strange place among strange people. We felt around and found a piece of a candle and struck a light. In our cell we found two pieces of canvas about seven by two feet, which we understood from previous information were to serve as beds, but being unacquainted with things and ways here, tried to construct a double bed by buckling the two pieces of canvas together. On this we made our bed out of our quilts, and the space being narrow for two large men, about two feet." 31
The food was described by Franklin Young:
"The prison food was generally meat and gravy and bread and coffee for breakfast. Sometimes we had potatoes with our bread and meat for dinner, with bread, and mush and tea for supper. The mush was alternated, corn meal one day and oat meal the next. A poet wrote of prison foods:
"Twice a day they feed you meat,
Sometimes a big potato sweet,
On Fridays fish, on Sundays beans,
The bread is fit for kings or queens,
And all you lack is cabbage and greens,
When you get into limbo.
"The meat (beef) was boiled or steamed, and never or very seldom, until it was done tender, then a good lot of the soup thickened to make a sort of meat gravy, and most everybody seemed to relish the meat and gravy at first, but when they came to eat the same twice a day for weeks they grew tired of it, and some actually abhorred the sight of it." 32
Young goes on to say how the prisoners were allowed some other, nicer things, but they had to be bought and/or provided for by someone from the outside:
"About once a week the mush was doped so as to loosen the bowels, of those who ate of it. We were allowed, during all the time I was there, to furnish ourselves with extras, such as sugar, butter, honey, pickles, vinegar, fruit, tomatoes, onions, etc. and my Father's folks furnished me generously, so that I was always supplied with extras. Then we bought milk, but the man who had no friends close enough outside to help him, or had no means - 'no money at the gate' was to be pitied" 33 Black also mentioned this: "Between four and five o'clock we got supper, which consisted of mush and tea with or without sugar. Those who are able can buy milk at the rate of 3 1/2 ¢ a pint, which is a good favor. The bread and beef is good and plentiful. Those of us who have money or friends on the outside can get luxuries sent to them, such as fruit, sweets, etc. We are allowed vegetables once a week." 34 According to the previous writing, Hans did once have a visit from his son, Andrew William and was given $3.00, but it was not likely that anyone else of his family was in a position to come up north to help out or to provide money for these "luxuries".
Black describes more of the physical layout: "Cells and corridors are all composed of iron 1/4 inch thick, very cold in winter and excessively hot in summer. On each southeast corner is a wash stand containing eight bowls with a sink at the bottom, in which the prisoners are required to wash every morning. In one corner of each cell is a little closet which can be closed with an iron door, where we can put our night bucket. … From the second corridor south is a door leading to the dining room, which is 40 by 50 feet. Tables are arranged crosswise. There are windows on each side which are also protected by iron bars." 35 He also describes the dining hall as the place where they held their religious services on Sunday: "In this room religious services are held on the Sabbath afternoon. In the forenoon we Mormons are permitted to hold Sabbath School, which is appreciated very much. All are compelled to attend Divine Service in the afternoon, but attendance at Sabbath School is optional." 36 Apparently, the men had a kind of Sunday School organization in prison. They had some books including scriptures. James Bywater, in his autobiography, describes this organization a little in his experiences: "Brother B. H. Roberts was the scripture reader and expounder in the Sunday School, and as his time of release came around, Bishop Horn [Joseph Smith Horne] called me in my cell early one morning and said: "Brother Bywater, you are aware that Brother Roberts is going out, and another will have to be appointed to take his place as scripture reader. I have chosen you from among all the brethren to take his place." 37 Brigham H. Roberts was a general authority who served time in the penitentiary from May 1, 1889, to Sept. 10, 1889, released just before Hans entered the institution.
The men were able to work (or required to) and could make a little money. Joseph Smith Horne writes: "The Warden allows each prisoner 2 candles a week. For those who read, write, or whittle much it is not enough. I exchanged one of the little rattles I had made for 13 candles, which helped out my light supply." 38
Horne writes something that is quite interesting with respect to Hans. Horne served at the same time as Hans, and he wrote specifically about an experience in prison on Joseph Smith's birthday in 1889: "Mon. Dec. 23rd. Joseph Smith, the Prophet's Birthday. Having learned that this day had been set apart as a day of fasting and prayer by the L. D. S., the brethren are in favor of observing it. I took a little pains to learn how many intended to fast so that we could inform Mr. Doyle [the prison cook] -- there need not be so much food prepared. I told him there were 68 or 70 who will not take breakfast or dinner today. Was told that not one of the co-habs took breakfast or dinner." 39 A Masters Thesis history, written by Rosa Mae Evans in 1986, lists every prisoner in the penitentiary incarcerated for polygamy. By counting the names of those men who were in prison on that day, there can be found the names of 70 men, including Hans Sorensen. 40 Two of the 70 were released on that day. This matches exactly the number reported by Horne. Hans was one of the men who showed their love and dedication to the Gospel and the Prophet Joseph Smith by fasting that day. This, in spite of him being sick throughout the prison experience.
In the end, when Joseph S. Black was released, he wrote some suggestions for the prison: "First, I would abolish the sweat box, as I consider it a barbarous means of torture, and behind this enlightened day. I would punish willful offenders for violating the rules, but would do it in a humane manner. I would suppress profanity and smoking, as they are both low and degrading. I would have a suitable building for a hospital with two apartments, for the different classes of criminals. I would move the outhouse to some more out-of-the-way place, and not have it right at the main entrance of the building, and have it more private, as so much exposure blunts the finer feeling which humanity should possess. There should be a large building suitably furnished for school purposes and all should be required to attend, at least four times daily." 41
Hans was released on March 1, 1890, one month short of his sentence. It may be that his health was a factor in his early release. At any rate, all family records state that he was permanently affected by the incarceration and suffered ill health until the day he died, three years later.
1. A history written by Arla Dean Christensen Ashby (unpublished) as told her by her mother, Josephine.
3. Utah Territorial Records, U.S. National Archives and Records Administration, Rocky Mountain Region, Case file number 2031, microfilm reel 28, 10 double-sided documents and a cover page.
4. ibid, paper 1 (unnumbered) in the collection.
10. A history written by Levi Sorensen, unpublished.
11. Utah Territorial Records, paper 7.
17. Our Pioneer Heritage, vol 10, by Kate B. Carter, pp 303-304 "The Journal of Joseph Smith Black." DUP 1967
21. Carol J. Christensen Gibson.
22. Deseret News, 5 Sept. 1891 page 20.
23. Judicial Prosecution of Prisoners for LDS Plural Marriage: Prison Sentences, 1884-1895, a Masters Thesis, BYU, Rosa Mae Evans, 1986, p 23.
25. The list of prisoners in the thesis lists him as being 67 instead of 64.
29. Franklin W. Young Autobiography. Manuscript on microfilm in the LDS Church History Library, call number MS 1148 #1-2. He describes his experiences between pages 146 to 157. This comes from page 152.
30. Internet Website: Utah Territorial Prison, Sugar House, 1855-1951 by Don Strack, accessed October 2011 URL: http://utahrails.net/utahrails/utah-territorial-prison.php, copyright 2000-2011 by Don Strack, but licensed under a Creative Commons License: Attribution, Noncommercial and No Derivative Works.
37. The Trio's Pilgrimage - Autobiography of James Bywater, compiled by Rose Ellen Bywater Valentine, Edited by Hyrum W. Valentine, Copyright 1947, James Bywater Family Organization, printed by Utah Printing, page 116.
38. Autobiography of Joseph Smith Horne, Written by him in 1923 and 1924, LDS Church History Library, call number M270.1 H8151h 1984, p 75.
40. Evans, pp 117-132. The list of names of men in prison on Dec. 23 is included in the appendix. Hans is listed on page 129 in the original.