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Monday, August 17. Judge Rush called to see me a few minutes this morning. No news for me but he said he would call tomorrow. The restaurant keeper brings me meals very irregularly and that puts my stomach out of order.

Tuesday, August 18. I received letters from my folks this morning. They are very encouraging. I miss the Deseret News and the Church works very much.

I wrote to President Oscar Mann (counselor to President Jesse N. Smith, who was again in Mexico), requesting him, if the spirit so dictates, to release me from any and all official positions I now hold. I do not desire to stand in the way of anyone doing

the work of the Lord that I am now prevented from doing, in consequence of my imprisonment. The progress of the Lord's people is everything to me. In it is my greatest joy. My all is for the building up of the Kingdom of God on this earth.

August 19. The photographer came this morning and took my picture by my request. I desire to send some pictures home to my family hoping that they will be of some little comfort to them. Surely the Lord will make good come out of my present suffering, but when, I cannot tell. It is admitted that if I were not a bishop in the Mormon Church this case never would have been tried. In this I have some comfort.

August 20. Judge Rush called on me for a few minutes and will return in the morning. Paid the restaurant man $5.50 for my meals and told him to bring no more. He has been so irregular. The jailer is getting quite gruff and sharp with me.

August 21. Judge Rush called to see me at ten a.m., coming into the jail. He said Joseph Crosby settled with him satisfactorily; that every necessary step was being taken on my appeal, also that they were doing all they could to have a strong petition sent to the President for my pardon. He told me that Brother Romney's bond ($2,000) was forfeited. He also informed me that Brother H. B. Clawson is in town from Salt Lake City. judge Rush seemed uneasy and said that lie had never been refused to come here to a prisoner before. I infer that there is a strict watch being kept on me. I have no liberties whatever, no more. than the worst criminal would have.

Brother H. B. Clawson called to see me at two p.m., accompanied by Marshal Mead. He was watched exceedingly close by


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the marshal and jailer, therefore, our meeting was reserved. It made me rejoice to see a brother and friend; I infer he was sent here by the brethren. I feel thankful that I am not one who is forgotten by his friends in time of trouble. Brother Clawson stayed about one-half hour. We met and conversed in the jailer's room adjoining the jail under the courthouse. Our talk was general and in a worldly manner but assuring to me.

I received a letter from my father this morning. He shows a true father's affection for me and says that my family will be looked after and not allowed to suffer. This is the first letter I have received from him since being in jail. (Letter set forth, infra).

I sweep the west side of the jail floor every morning, Judge Rush called this morning. He leaves for Apache County tomorrow. Says that public opinion is turning in my favor and be will do all be can to have me released. I am thankful I am a Mormon. H. B. Clawson has seen the governor.

August 23. It is Sunday again and I have bad a good bath and put on a clean shirt, and it makes me more comfortable. I am thankful for this blessing. I wrote Ella and sent her three of my pictures and a copy of the speech made in court prior to my sentence being passed. This afternoon I wrote to Ida. It is now one year since she left home to protect me from the band of our persecutors.

August 25. I rested better last night. I received an encouraging and sympathetic letter from Ella, although it bore the sad news of my little Mary's illness. She has been on the point of death, but is better now.

*     *     *

To the credit of the public officials of Apache County be it said that they jointly signed a statement urging the President, in the interest of justice, to grant an unconditional pardon to me. Incorporated therein was the statement "That his conduct was such as to create for him an unblemished reputation for honesty, integrity and veracity." This statement was signed by:


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J. L. Hubbell, Sheriff of Apache County, Arizona
Alfred Ruiz, Clerk of the District Court of Apache County
W. B. Leonard., Member of the Board of Supervisors
Henry Huning, Chairman of the Board of Supervisors
Ernest Tee, Member of the Board of Supervisors
C. L. Gutterson, District Attorney, Apache County
Win. M. Rudd, County judge
Dionicio Baca, County Treasurer
Antonio Gonzales, County Recorder
E. C. Bunch, Probate judge, Apache County

There follow two very comforting letters received during this trying period:

Nephi, Utah
August 18, 1885 
My dear Son:

I received a letter from you yesterday, dated August 11th, informing me of your conviction and sentence. I have sent these letters to President Taylor. I wrote you a letter two days ago, I hope you will get it. We feel very much interested in your welfare and happiness. We know you are innocent and honest. The Lord knows your integrity. This is a trying day for you, but cheer tip, the Lord will bring you through and you will have many years of happiness.

The Lord has allowed the devil to do this, but be will go so far and no further. You are his victim, but if you will endure it well the Lord will deliver yon from the grasp of evil men and yon will live with your family for many years and have joy and rejoicing before the Lord.

The Lord will give you strength to endure it if you seek Him and will bring you out in His own due time. Remember you are on a mission. Have faith, be patient, do not murmur nor complain. Your family will be looked after. Your friends will not turn their backs on you when you are released but will hail you with delight and as the paper says, you will walk the streets of St. Johns and be "the noblest Roman of


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them all." We must not expect to obtain all the blessings He has promised us without trials and sacrifices.
All send love.
    Your affectionate Father
    David Udall
     
     

    PRESIDENT'S OFFICE
    Church of Jesus Christ of
    Latter-day Saints

    Salt Lake City, Utah
    August 20, 1885
    Bishop David K. Udall

    Dear Brother:

    We have been favored by your father with the perusal of your letter to him, written under date of the 11th inst. from the prison at Prescott. We cannot express to you the regret that we feel at your position. We might write to you many things that would be of interest, but we do not know whether the letter will reach you, or what the rules of the prison may be respecting communications such as we would like to write.

    We and all your friends are perfectly satisfied respecting your innocence of the charge made against you, and for which you have been convicted. This should comfort you. You will emerge from this trouble without a blemish on your honor or character, and your word will be esteemed and relied upon as firmly as if this never had occurred. You express yourself to the effect that you feel that your character is gone for life, and that your signature and word will hereafter be doubted by many. (Emphasis supplied.)

    This will not be so. The men who have contributed to your conviction believe that you are a man of honor, and they are satisfied in their secret souls that you are no perjurer but an honest man. You have been selected as a victim, and it will redound to your credit in time to come, to be convicted as you have been, as much as if it were for the practice of some principle of our religion. If you could have been seized


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and punished on the latter account with greater case than for perjury, without doubt that would have been taken advantage of in the place of the charge upon which you were tried.

We say to you be of good cheer. Do not let your courage fail nor your faith waver; rely upon the Lord and He will sustain and bless you.
With love and prayers for your preservation and deliverance, we remain your brethren in the Gospel,

John Taylor
George Q. Cannon
P.S. We have instructed your first counselor to use $300 for the benefit of your family.

August 26, 1885. I received a good cheering letter from my stepmother, Aunt Rebecca. My attorney, J. C. Herndon, called on me this morning and read me a letter addressed to myself from District Attorney Zabriskie to be sent to the President of the United States. (Heretofore set forth).

Herndon says I have every reason to hope for a pardon within three months. H. B. Clawson called to see me at four p.m. He gave me $10 with which I shall buy me a shirt and a toothbrush, etc.

August 27. Received letters from Ida, which are a comfort to me. I am locked in my cell 12 hours out of the 24 (6 a.m. to 6 p.m.). Sleep much better at night now. The days seem dreadfully long.

August 29. On this day at six a.m. I left Prescott, Arizona, for the House of Correction at Detroit, Michigan, in charge of Deputy Marshal Bert Foster and A. E. Foote, clerk of 3rd district court, and a Mr. Hickey, jailer of the Prescott jail. They had in charge one other prisoner. Brother H. B. Clawson rode on the same coach to Ash Fork but was refused permission to ride with us. He was with me at every opportunity during the day. Arrived at Ash Fork at seven p.m. Brother Clawson left at ten p.m. on the west-bound train. His visit has been very encouraging. We stayed at the Cottage Hotel and on the morning of the 30th we boarded the train for Detroit. At Navajo Springs I received a package of


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books and some underwear from my family, brought by Joseph Crosby. The officer broke the package and examined its contents. This is the station where we get off to go to St. Johns. The thoughts of wives and children, home and friends, and the many indignities I had to endure was almost unbearable. Nothing of special Dote took place on the journey.

We arrived at Detroit at 11:30 p.m. on September 2nd. We bad staterooms and Pullman sleeper by me paying my share of the bill. It was a little crowded but comfortable. The officers used a great deal of liquor and they urged me to drink but, of course, I refused. They seemed to desire to make it as comfortable for me as they could, and said that if it were not for Sterling they would extend more liberties to me. My humiliations are almost unbearable. I was required and did sleep with Mr. Sterling in the upper berth.

At the station in Detroit we were met by Mr. Sullivan, the prison guard, where the other officers turned us over to him. He handcuffed me to Mr. Sterling (this is the first time I have bad irons on) and had us get into a light rig, and we were driven very rapidly for about a mile to the House of Correction.

About nine a.m. the morning of the 3rd I was taken to the basement and shaved and shingled. I also took a bath and then I was given back my garments and given my prison clothes, consisting of hickory shirt, Kentucky jeans, coat, pants and cap; also brogan shoes and cotton socks, all of which appeared to be new. From here I was taken to the shop where Brother Christopherson works. Brother Tenney works in shop B and Brother Kempe in shop C. I recognized Brothers Kempe and Christopherson but mistook another man for Brother Tenney. It was three weeks before we were permitted to meet and converse, as prisoners are not allowed to speak to each other.

When I first went into the shop the overseer took me in charge and bad me stand by the side of his table for two or three hours. I supposed be wanted the other 30 prisoners to look at me. No prisoner is permitted to leave his bench or machine without the permission of the overseer, this he obtains by holding up his hand, even to go to the closet or get a drink. The shop foreman took


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and put me to work at a cut-off saw machine and check machine with a halfbreed Indian boy by the name of Bill Hamen from Indian territory.

At six p.m. we went to our cells. The fixtures in the cell are an iron bed made to fold up to the wall, a mattress, one pair of blankets, a pillow and a sheet. The bed linen was washed every week and there was a washdish and towel, chair, looking glass, comb, a "whatnot" for books and so forth, and a carpet on the floor. The rules and regulations are as follows: At three taps of the gong at 5:30 a.m. we get up, dress, wash, etc. At six a.m. on two taps of the gong we prepare for breakfast. At 6:30 on one tap of the gong we go to breakfast, which we eat upstairs. At seven a.m. we go to work, taking with us our night-pails. We walk in lines of about 50 with right hand on the shoulder of the man ahead of us. We are required to walk as close as possible, which is very humiliating.

On the first of October my dear little Mary died. I received the word by a telegram from my brother, Joseph, on the Monday following. My heart sank within me at this sad news. The poor little sufferer! The very night she died I dreamed of her. It seemed I was with her and we were playing, and she was so beautiful and heavenly.

Brother John W. Young called on us on October 19th. By the courtesy of the prison superintendent Brothers Tenney, Christopherson, Kempe and myself had the privilege and blessing of an interview with Brother Young. This was in the presence of the assistant superintendent, Mr. Wolfer, to whom Brother Young presented a paper cutter with a handle made of Colorado agate. We conversed on many subjects--our family and friends at home, the severity of the persecution of our people in Arizona and Utah.

A few days after Brother Young's visit to the prison we were placed two in a cell. This was the first time we bad been permitted to speak to one another as a "silent system" prevailed in the prison. From this time on, every night we had milk and fruit put into our cells for supper where before it had been straight bread and water as we did not use coffee. The prison officials notified us that John W. had placed $12.50 to the credit of each of the four of us. (With


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out this kindly deed from this generous friend I should have been turned out of prison onto the streets of Detroit with no means to get me home on that December day when my Presidential pardon came. Through his generosity and the kindness of the other brethren, from whom I borrowed the money he bad left them, I bought myself a ticket to Arizona. It will always be a sweet memory to me and my family that one of God's servants came along in our distress and ministered to our needs, verifying as it were the scripture, "I was in prison and he visited me." I did not meet John W. Young again.)

On October 21, I received two letters from Attorney F. S. Richards of Salt Lake City, then in Washington, D.C. He states that he bad called upon and seen the federal pardon clerk. The clerk told him that the petitions, letters, etc. from Arizona asking for a Presidential pardon for me bad been received and were satisfactory. The clerk stated that it was One of the plainest cases they bad ever bad upon which a pardon could be granted. Brother Richards thought I would be pardoned by the last of this month.

    This letter from a lifetime friend was received:
Thompson Springs, Utah Terr.
October 31, 1885
Bishop David K. Udall
Detroit, Michigan

Dear Friend and Brother:

Ever since learning of your trial and conviction I have had it in my heart to drop you a few lines expressive of my confidence and esteem in you and your honesty of life and to assure you that no matter what might be the decision against you in this land transaction that my confidence in you and your honesty is as strong as it ever was. In this connection permit me to say that Brother Francis M. Lyman feels just as I do, and in fact, all of our quorum as well as all your many friends and acquaintances with whom I have bad the privilege of conversing. I regret more than I can possibly express that circumstances have been such that you have been called


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upon to suffer but my confidence in our Heavenly Father is such that I feel all will be overruled for your final good and for the advancement of His great cause.

*     *     *

No man was ever more in error than you are in thinking that your conviction has taken away your good name. Your name and reputation today is as good in the eyes of every man that is honest and knows you and in the sight of God as it ever was. Your own knowledge that you are an honest man is worth more to you by far, than the praise and confidence of the whole world without this knowledge.

Brother Lyman and I join in saying to you and the brethren with you, God bless you all. With assurances of love, confidence and esteem in which be joins, I remain

Your affectionate Brother,
Heber J. Grant

December 6, 1885. Up to this time I have received many consoling and encouraging letters from my family and many friends, which have been a great strength to me. How good it is to have true friends in these sad times of imprisonment and trouble. I have bad many sad and lonely hours since being imprisoned; my indebtedness, the poverty and scattered condition of my family, and of our ward and the death of our sweet little Mary, with the hard work and the many, many humiliations that we have to endure. I fully realize the necessity of divine aid to be able to endure these trials and I feel that the Lord has greatly blessed me for which I truly thank Him and I pray for continued strength to endure this without murmurs or complaining. We go to Bible class at five p.m. Sundays and morning services at nine o'clock nearly every Sunday in the chapel in the north wing of the prison over the four tiers of cells situated in that wing, which makes the chapel quite elevated. The hospital joins the chapel.

We go to night school nearly every Tuesday night at 6:30 where we study arithmetic and reading. Prisoners teach the dif-


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ferent classes under one general teacher. In the first days of October a young man by the name of Tom attempted to commit suicide by stabbing himself in the side with a knife. This transpired at his work bench a short distance from where I work. One man had a fit the same day. There is no more notice taken of these things than though they were brutes. All these circumstances bring such evil bad feeling with them.

Sunday, December 13. On the 10th I met Bishop R. T. Burton and son (the architect) with a Gentile friend who came to visit us. Brother Burton had very kindly feelings for us. We thank the Lord for their visits. We have cold wintry weather this week, still our cell and the shop are quite pleasant as they are steam heated. My work has been as usual. I have received many cheering letters this month. On the 29th of October the deputy permitted me to write a special letter. I took advantage of the opportunity and wrote to Ida. Yesterday Ammon unthinkingly spoke to another fellow prisoner. The overseer saw him and he was punished by being stood up before the library for a few minutes. This is very humiliating to him and to us.

Monday, the 14th. Mr. Ferrell, our overseer, left our shop today and Mr. Patrick Fitzpatrick, formerly overseer of shop B, took his place. I think it is a good change for us. My foreman, John Mackley, is much kinder than formerly.

Tuesday, the 15th. One of the two turners within 15 feet of my saw threw a chisel at the general foreman and our overseer, Mr. Fitzpatrick, and then ran out of the shop to the hall where he smashed the large library windows and those in the small room with a chair leg. He acted like he was crazy but they say it is his wicked heart. He was knocked down and put in solitary confinement.

Wednesday, the 16th. The usual monotonous work. My health is good.

Thursday, the 17th. This morning Mr. Wolfer, the deputy, came to make known to me the cheery news that my Presidential pardon bad come. I feel to thank and praise the Lord. This was about 11 a.m. About two p.m. the deputy sent for me to come to the hall, where I was measured for a new suit of clothes and the


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brethren were sent for and I conversed with them for an hour. I feel so sorry to leave them here. I put on citizen's clothes about five p.m. and breathed the free air about 5:30.I bought some fruit, etc. for the brethren and visited Mr. Wolfer, who had been friendly to me. I borrowed $20in cash from each of the brethren to come home on. Superintendent Nicholson gave me $5 and also my suit of clothes and hat. This was a personal gift. I had $12.50 of my own. The chief clerk of the house escorted me to the depot. My ticket to Albuquerque cost me $42.50. I left Detroit by the eight p.m. train for Chicago.

I praised the Lord for this deliverance. What a great boon liberty is! If my brethren were only going with me I would feel perfectly happy, but to leave them makes my heart break. When I went to prison I weighed 171 pounds and when I came out today I weighed 181. I bought a second-class ticket and arrived in Chicago at seven a.m. on the 18th. All night long I could think of nothing but my brethren in prison and bow I had left them behind. The officers have treated me and the brethren with kindness considering the rigid rules. Before I left I desired to look through the shops and the prison but it was not permissible. I thank the Lord that I am released and my desire is to serve Him faithfully in the future. I feel the prediction of the patriarch has been fulfilled when he said I would be tried like Joseph in Egypt, but the Lord remembered him and He would remember me.

My health is better if anything than when I went to prison. The superintendent told me that the government would have paid my fare home if I had been there seven months.

Chicago. December 18. I sent telegrams of my pardon to my family and friends in Arizona and Utah, also to theDeseret News, three in all. I also wrote letters to Brother A. M. Tenney in Detroit, and to Ida. I came on the Michigan Central R.R. from Detroit. I left Chicago today at 12:30 on the C. B. & 1. for Kansas City.

December 19. I arrived in Kansas City at nine a.m. What little sleep I have bad the two nights I have been on the road has been disturbed by unpleasant dreams of my brethren and my prison life. It is hard for me to write while the train is moving. I left Kansas City at 10:40 a.m. for Albuquerque on the A. T. & S. F.


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Arrived in Albuquerque, N.M., at four a.m. on the 21st. I remained there one day. The agent of the A. & P. R.R. sold me a half-rate ticket to Navajo for $6.45. I left Albuquerque. at three a.m. on the 22nd, arriving at Navajo station at 11:40 a.m., where I found my sister, Eliza, and my first counselor, William H. Gibbons, awaiting my arrival. They bad Brother Simon Hanson's team and John Murdock's buggy. We camped for the night seven miles from the Salt Lakes, arriving home at 4:30 p.m. on the 23rd. My wife, Ella, and several friends came to meet me two miles from town. That evening I was given a saint-like reception in the Assembly Hall. I thank God for my freedom and that my life has been spared to return home to my family. I found my family well, but Ella much depressed by the death of our little Mary. May God bless us all in our family life.

*     *     *


European Hotel, Albuquerque, N.M. 
December 21, 1885 
Dear Ida, Father and Family, 
Nephi, Utah:

I arrived here at five-thirty this morning. I am well and as happy as could be expected under the circumstances of having left my brethren in that far-off prison and of going home to a bereaved family. Nearly every hour that I have slept since leaving that doleful prison I have dreamed something about it. That I am out and enjoying freedom of speech and action seems like a dream. I expect to leave here at three-forty in the morning and hope to reach home on Wednesday .... December 22. I did not finish my letter yesterday and will now try to finish it as the train moves along. I can hardly keep the tears back this morning as I think of the death of my little Mary and the sad meeting that awaits me at home.

*     *     *
I have not deemed it wise to tell you the following incident before as my letters have all passed through the hands of the officers. In Prescott when I discovered the determination of the court to convict me whether or no, I felt determined


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I would not submit to unfair play. Through the friendly assistance of Brother Ben Segmiller and others I procured a good horse, saddle and outfit, which we kept in seclusion and in readiness for me to ride to freedom. After the jury had heard the case through, if we were convinced they were going to convict me, I planned to ride into the forest and in five minutes be lost to them. I thought by taking infrequented roads by way of Fort Verde they would have found it impossible to overtake me. This would have left the court in an awkward position, as the jury could not render verdict without the presence of the prisoner. While the jury was out, I went to our room where I lay down for thought and a few minutes rest. The good Spirit prompted me to meet the issue; thereupon I took off my riding clothes and walked back to the courtroom to meet my sentence. It was a bard struggle for me but bow thankful I am that I took the course I did. President Cannon told me if I always followed the promptings of the Holy Spirit all would be overruled for my good; and truly it has been. Had I done as I was tempted to do I would now be a fugitive without a country. Do not say much about this incident as it might get back to the enemy and work harm to us or our people in the future.
Affectionately,
David

Will close this account of a trying episode in my life by inserting the following:
 
 

PRESIDENTIAL PARDON
GROVER CLEVELAND
PRESIDENT OF THE UNITED STATES
OF AMERICA

To ALL TO WHOM THESE PRESENTS SHALL COME, GREETINGS:

Whereas, at the June term, 1885, of the United States District Court for the Territory of Arizona, David K. Udall was convicted on a charge of perjury and, on the 10th of


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August 1885, was sentenced to three years imprisonment in the House of Correction at Detroit, Michigan; and

Whereas, it appears that while the said Udall was technically guilty of the offense of which he was convicted, it is not believed that there was a willful and corrupt intent on his part to commit a crime and that his action in the matter was the result of a misconception; and

Whereas, the United States District Attorney and the judge who officiated at his trial both recommend his pardon,

NOW THEREFORE, be it known, that I, Grover Cleveland, President of the United States of America, in consideration of the Premises, diverse and other good and sufficient reasons to me thereunto moving, do hereby grant to the said David K. Udall, a full and unconditional pardon.

IN TESTIMONY WHEREOF, I have hereunto signed my name and caused the seal of the United States to be affixed.

Done at the City of Washington this twelfth day of December, A.D. 1885, and of the Independence of the United States the one hundred and tenth.

(Seal)                                                                   By the President

GROVER CLEVELAND
T. F. Bayard
Secretary of State

[ Note: Bucky O'Neil, of Rough Rider fame, was the court reporter at the time of the trial. Father paid him $50 for a copy of the transcript of the proceedings. It is written in longhand on foolscap paper and is now in the possession of the family. ]


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PRESIDENT'S OFFICE, CHURCH OF JESUS CHRIST
OF LATTER-DAY SAINTS
Salt Lake City, Utah
January 14, 1886
Bishop David K. Udall
St. Johns, Arizona

Dear Brother:

Your lengthy and esteemed favor of the 29th ult., has been received and perused with uncommon interest.

The spirit which it breathes is pleasant and satisfactory to us, and we are thankful that you feel as your letter describes. False imprisonment does not seem to have soured you and we sincerely trust that this, with every other trial you may have to endure, will increase your patience and lead you to have more faith and confidence in the Lord, and to be more devoted to His work.

We are glad to learn from your letter of the kindness shown to yourself and family by the elders and saints and also of your appreciation of their conduct. We trust that this will ever be the action of the saints of God toward their brethren and sisters in affliction.

With kind regards, and praying the Lord to bless you in all your labors, to fill you with the spirit of your office,

We remain

Your Brethren 
John Taylor 
George Q. Cannon


Previous Part:  VI  Prison Episode (part 1 of 2)

Previous Chapter:  V  Plural Marriage
Next Chapter:  VII  My Years as President, St. Johns Stake


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Arizona Pioneer Mormon:
David King Udall: His Story and His Family, 1851 - 1938

Published by Arizona Silhouettes
Tucson, Arizona
1959