The photo was taken in Richfield, Ut. 1911.
back row: Amos, Rob Jr., Ray, Robert Sr., Emily, Mel, Letha.
front row: Golden, Bertha, Charles, Beth, Ruth.
Grandpa Lay did not remember particulars about his family, such as the exact date and place of his birth nor even record the name of his mother. Perhaps Robert merely forgot over the long years since their traumatic parting early in his own life. He always spoke of his birth "... at the foot of the Lookout Mountain," without discerning between the mountain itself and a settlement about ten miles southwest of Chattanooga, Tennessee, that was called by that same name.
During the Civil War, Grandpa was said to have been
associated with the Texas Ranger’s. The Ranger’s fought in Tennessee, Georgia
and Kentucky. In about 1865/67, Robert ran away from home and was presumed
to go to Mississippi where he lived with a colored family. Stories have
said that one day he was helping some colored men to make knives and was
arrested. On his way to prison Robert escaped. After that time, Robert
was said to have been a laborer on a Mississippi river boat. Then as time
went on, by 1878, Robert was said to have been with the outlaw Sam Bass
in Texas the day Bass was shot and killed. Grandpa allegedly went by the
name "The Rattler". "The Rattler" was known as a modern day Robin Hood,
stealing from the rich to give to the poor.
We do not know where they met nor how, but we can track their lives through the records of their children’s births. Robert and Emily had 13 children born between 1883 and 1906. They were married, presumably, June 28, 1882 in sterling, Utah, and must have moved shortly after that to Milfork, Utah.
Robert Jr. was born on March 2, 1883 in Milfork, Utah, a mining town. Soon after he was born they moved to sterling ,Utah. The L.D.S. Church records confirm this. Letha was born May 6, 1884 in Sterling, and Samuel was also born in Sterling, May 9, 1885. He died July 27, 1886 at the precious age of 14 months, just two months before his brother Silas was born, Sept. 25, 1886 in Price, Utah. Silas died a child of 18 months. March 1888. Grandma must have suffered great pains to have lost two precious darlings by her 21st birthday. They were married in the Manti Temple September 28, l888.
Emily and Robert were on the move yet again with their small but growing family. Erastus born June 1, 1889, and brother Foster January 10, 1891 were both born at Milfork, Utah. Foster died at the tender age of 13 months on February 22, 1892. The family packed up and started south where Melvina was born in Mayfield, Utah March 6, 1893. Grandma had bore 7 children by the time she was 25 and still had more to come. Amos Earl "Doc", (The Wayne County Registry of Births has him listed as Alma) was born in Thurber Utah, Wayne County March 1, 1895. He was born on the river bottoms of the old town of Thurber, Utah. The houses were made from soapstone. Put up quick and vacated just as quick when a family moved on. A. K. Thurber brought cattle into the town in May and the residence contracted typhoid. The people decided to move the town up on the hill and start a new town. They bought spring water until the towns people could divert the water to the town which had a growing Uranium mine.
A man by the name of Bicknell came from the Spanish American War promised to build the town a library if they named the new town after him. The towns people agreed. The L.D.S. church still kept the name Thurber Ward.
The new town was dedicated June 7, l895 just 2 months after "Doc" was born. The family must have moved to Fremont, Utah for a short time. They lived across the street from the general store. Then up and moved to Notam, Utah. A dry desolate place which is by Pleasant View, Utah on the way to Capital Reef by the time Beth was born 1896.
From Notam, Utah the family moved to Vermilion, Utah
where Ruth was born 1899 (according to church records of Vermilion). They
lived there for a short time. It was in this ward grandpa was listed as
an Elder, and Robert Jr. was confirmed a Deacon. The next move was to Joseph,
Utah where "Chick" (Charles) was born in 1901. (He always said he was born
in Tom Ross’ haystack). Soon the family moved again, this time to Elsinore,
Utah where Bertha was born in 1904 and Golden in 1906. Grandma was 39 and
grandpa was 52 when the last of the Lay children were born.
1 M William Robert LAY Jr.. was born 2 Mar 1883 in Milfork, Emery, Utah. He died 17 Oct 1970 in Circleville, Piute, Utah and was buried 20 Oct 1970 in Circleville, Piute, Utah. William married (1) Eugenie SUDWEEKS on 8 Jan 1908. Eugenie was born 26 Jul 1883 in Kingston, Piute, Utah. She died 4 Apr 1959 in Panguitch, Garfield, Utah. Rob and Genie had four children.
2 F Letha Jane LAY was born 6 May 1884 in sterling, Sanpete, Utah. She died 1 Sep 1928 in Compton, California. Letha married (1) Sam BROWN on 12 Nov 1902 in Elsinore, Sevier, Utah. Letha and Sam had one child. Letha also married (2) William Alvin BUDD on 5 May 1905. William was born 12 Apr 1880 in Elsinore, Sevier, Utah. Letha and Alvin had two children. and (3) Blaine STEWART on 3 May 1906 in Richfield, Sevier, Utah. and (4) Pete ROBERTS. and some others that have not yet been identified..
3 M Samuel LAY was born 9 May 1885 in Sterling, Utah. He died 27 Jul 1886 in Sterling, Utah.
4 M Silas LAY was born 25 Sep 1886 in Price, Sanpete, Utah. He died Mar 1888 in Emery, Utah.
5 M Erastus Ray
LAY was born 1 Jun 1889 in Milfork, Emery, Utah. He died 23 Apr 1956. Erastus
married (1) Zoe BOWERS on 6 Sep 1908 in Salt Lake Co., Utah. Ray and Zoe
had three children.
6 M Foster LAY was born 10 Jan 1891 in Milfork, Emery, Utah. He died 22 Feb 1892 in Milfork, Emery, Utah.
7 F Melvinia LAY was born 6 Mar 1893 in Mayfield, Sanpete, Utah. Melvina was not married to (1) Rollo PAGE. Mel and Rollo had one son. Melvina married (2) Gilbert George HILL on 11 Nov 1911 in Richfield, Sevier, Utah and (3) Henry HOUCHIN and (4) George TIMMONS and (5) Bert COLLINS and (6) MC ANALLY(MacInally) and several others.
8 M Amos (Alma) Earl "Doc" LAY was born 1 Mar 1895 in Thurber, (Bicknell), Wayne, Utah. He died 23 Feb 1965 in Circleville, Piute, Utah and was buried 2 Mar 1695 in Circleville, Piute, Utah. Amos married (1) Viola Maye AVIS on 14 Jun 1914 in Salt Lake City, Utah. Amos and Mae adopted a son. Amos also married (2) Jennie Estelle WALTON, on 16 Mar 1938 in Preston, Franklin, Idaho. Jennie was born 6 Jan 1920 in Millcreek, Salt Lake, Utah. Amos and Jennie had two children
9 F Emily Bethena LAY was born 19 Feb 1896 in Pleasant Creek, (Notam), Wayne, Utah. She died 23 Oct 1980 in Ogden, Weber, Utah. Bethena married (1) Russell Benjamin MARBLE on 30 Sep 1913 in Richfield, Sevier, Utah. Russell was born 29 Jun 1889 in Central, Sevier, Utah. He died 7 Jan 1961 in Salt Lake City, Utah. Beth and Ben had ten children. Beth also married (2) Mr. Russell FISHER.
10 F "Ruth" Ludeen
LAY was born 20 Aug 1899 in Vermilion, Sevier, Utah. She died after 1970
in Mtn. Home, Idaho. Ruth married (1) Max Arthur PIPER in Salt Lake City,
Salt Lake Co., UT. Ruth and Max had a single daughter. Ruth also married
(2) George HARTH.
11 M Charles Preston "Chick" LAY was born 1 Aug 1901 in Joseph, Sevier, Utah. He died 19 Jan 1967 in Salt Lake City, Salt Lake, Utah and was buried 21 Jan 1967 in Lake Hills Cem., Draper, Salt Lake, Utah. Charles married (1) Freda ROBINSON about 1916. Freda died in 1918. Charles also married (2) Alta CHRISTENSEN about 1921. The marriage ended in divorce. Chick and Alta had a daughter. (3) Jessie THORNTON on 7 Dec 1936 in Hollywood, California. Jessie was born 27 Feb 1911 in Parawan, Iron, Utah. She died 30 Nov 1981 in Salt Lake City, Salt Lake, Utah. Chick and Jessie had four children.
12 F Alta Bertha
Echo LAY was born 6 May 1904 in Elsinore, Sevier, Utah. She died 14 Jan
1995 in San Diego, San Diego, California. Bertha married (1) Robert Carl
BREEZE. Bertha and Bob had two children.
13 M Golden Budd
Lay was born 20 Mar 1906 in Elsinore, Sevier, Utah. He died 18 Jul 1930
in San Francisco, California from a fall off a building under construction.
Golden married (1) Helen WASMORE. They had no children.
Grandpa was known for his physical might, especially during the period he labored in the sugar factory near Elsinore. Their hard lives included few comforts and amusements, and they were often compelled to cope with only the barest necessities. A roof over their heads and food to put into their mouths were as much as they had come to expect." Two fellow workmen knew of his reputation and conspired to lead him into a trap. An overloaded wheelbarrow, heaped with large rocks, stood in a passageway beside a scales. Inevitably, Grandpa strode along that particular corridor one bright and cheerful morning, paying no attention whatever to the monstrous, rock-laden vehicle standing beside a steep incline that led to the weighing platform. "Hey, Lay!" called one of the jokesters, "Do us a favor?" Grandpa halted and answered, "What do you want me t'dew?" in his customary Tennessee twang. "Kin yew roll this here 'barry 'o rocks up on the scales fer us?" "Why shore," smiled Grandpa as he easily lifted the handles then swiftly pushed the impossible load up the steep incline and settled it gently into place. "Let me know if'n yew need anythin' else," he called over his shoulder as he hiked on down the way to his station. The two workmen wore bewildered expressions as they observed his departure, I imagine the chagrin in their countenances when the foreman ordered them to remove the burden, and they were unable to budge it, even when they combined their efforts. One by one they removed the rocks as they reflected on their practical joke." (Dr. Max B. Marble)
When I look at the portrait of my grandparent’s family, I think my grandmother must have been the heroine of the century. It is baffling to try to understand how my grandparents cared for such a large brood in bitterly hard times. One fact is indelibly etched in our minds: It was not easy! The children had the greatest respect for their mother, and allowed no one to sully her good name.
Disputes often arose among residents of small towns, but were of little consequence and soon faded, but the disagreement between my grandparents and the residents of Elsinore was bitter and cruel. Consequences seem to have been far-reaching and permanent.
The Lay family lived in a cabin owned by the Annie Laurie Mining Co. in the small town in Upper Kimberley, Utah located on the majestic slopes of beautiful Gold Mountain, just 13 miles outside the city of Elisnore. Housing was scarce in the small town so families needed to double up. This was the condition in which our grandfather’s family and Mr. Wideen’s family lived.
"These families were living in a house separated into two apartments by a partition with a connecting door which was kept nailed shut. Each family had children and under these crowded conditions, there was always friction, especially if the parents became involved in the children’s troubles." (THE GHOSTS OF GOLD MOUNTAIN).
The neighbor, Richard Wideen, harassed Grandpa,
almost daily, by coming to the door frequently to complain about one thing
or another. On Dec. 30, 1904, Richard came home for his noon meal and heard
a tale of woe from one of his children. He seemingly lost complete control
of his temper, came bursting through the door, which was nailed shut between
the two rooms, to threaten the Lay family.
From an extrapolation of the court transcript:
Kneeling before the fireplace on the crisp cool
morning, grandpa was preparing to lay a fire for his noon meal in the grate.
Robert used a sharp knife as the instrument to carve fine shavings in order
to ignite the fireplace logs. Suddenly the door burst open and the neighbor
rushed up belligerently towards grandpa's back yelling obscenities towards
Emily. Richard grabbed Robert by the hair with his left hand and proceeded
to slug him twice. In his surprise, Robert simply turned toward the intruder,
without any special precaution to shelter him from the point of the blade,
and automatically threw up his hands to protect himself from Mr. Wideen’s
blows about the head. The man thrust his abdomen onto the point and penetrated
his abdomen with a slight wound and was inflicted a second time, this time
hitting the clavicle of the man. This blow hit so near the main artery
in the neck, that the man nearly bled to death. Richard turned and beat
a hastily retreat, removing himself from the cabin to go to his apartment
next door. Grandpa, fearing for the life of his family, pursued to make
sure Mr. Wideen would not obtain a gun to wipe the Lay family off the map.
Mr. Wideen was in no condition to cause any more trouble. A messenger was dispatched post-haste to summon J. J. Stiener, the local doctor from Lower Kimberly who rode as soon as he got the word, which was about 1 1/4 miles away. Stiener, upon entering the cabin, saw Richard Wideen siting at the his table, weak with blood covering his chest and ready to go into shock. Dr. Steiner immediately gave an injection of strychnine solution and restored his pulse, stopped the bleeding and bandaged the wounds.
Mr Wideen was placed in bed in critical condition
where he had a long and difficult recovery. Mr. Lay was placed under arrest
by the local constable and lodged in the local jail under a charge of an
assault with a deadly weapon with attempt to commit murder. This "little
lock up" can be presently seen at Pioneer Village in the Lagoon Amusement
Park, Farmington, Ut. Mr. Wideen was under the care of the doctor for 12
days while he regained his strength.
"The jail was essentially two iron cages built side by side and enclosed by a small brick building that had just enough room in front of the cells for an entrance just wide enough so the cell doors could be opened outward and wasn’t used much. Most of the men who worked in the mines and mills of Gold Mountain were Mormon married men whose wives lived on the mountain with them. Now and then a patron of one of the local saloons get a little too much booze and had to be restrained for a night or a day. The only time it housed anyone accused of a felony were the Benny Carter and [Robert] "Bob" Lay cases"
(THE GHOSTS OF GOLD MOUNTAIN).
Robert managed to have someone put up his bail
and was released to await trial. Sometime after Robert was releases from
his unfortunate incarceration, the Lay family moved back to Elsinore.
Charges were brought to Piute County Justice, sixth district court. (we have just recently obtained the full documentation of the trial from the court house.) The Court convened at 10 a.m. Tuesday, October the 24th, 1905. / The first case on the docket was:
The following was published by the Garfield County News.
"The defendant was charged with an assault with a deadly weapon with attempt to commit murder, at Kimberly, in December, 1904. The jury was impaneled and the state introduced its testimony, which tended to show that the defendant and the complaining witness, Richard Wideen, and their families were living in the same house at Kimberly, but in different rooms. There had been some unpleasantness between the two families, which resulted in bad feeling and that Richard Wideen, on going home from his work, was informed by his wife that some rough things had been said, and he determined to go in where Mr. Lay and his family were and talk the matter over and see if the differences could not be adjusted, according to his own testimony. When he entered the door the defendant met him with an open knife, and a scuffle ensued, in which Mr. Wideen was stabbed twice, once in the shoulder and once in the body, just above the stomach, the wounds nearly proving fatal. The defendant, however, claims it was entirely an accident; that he did not stab Mr. Wideen on purpose, but that in the scuffle Mr. Wideen was accidentally stabbed.""The case was submitted to the jury after a lengthy trial on the evening of the 25th. After being out eleven hours they were unable to agree upon a verdict and were discharged" (Piute Courant).
On account of Mr. Wideen’s slow recovery and
the distances for the witnesses to be subpoenaed, the trial dragged on
for almost two years. Finally on November 3, 1906, the attempted murder
charge was dropped and Robert Lay was formally charged with simple assault,
fined $100 that he had initially paid as bail money and the cases was dismissed.
Although the matter was finalized, the townsmen were not as forgiving, and the Lay family became the object of persecution and ostracism, Even their fellow church members would not speak to them. If one of the Lay's seated himself on a partially occupied bench in sacrament meeting, all the others moved away. Insults and jibes of "Stabber" followed them daily. It became impossible for Grandpa to remain employed in the small community. Emily’s father came to visit with them to offer his support and this is where he passed away 8 April 1907 of Acute Nephritis. He was buried in the Elsinore Cemetery. (the photo was the Lay Family home in Elsinore, Ut as it is seen in Oct 1998)
Another story which has been passed down through the generations was an account of a man disgracing grandma in the presence of Uncle "Doc" (Amos), a lad of sixteen years, but a strapping youth of incredible strength. He speedily dispatched that uncouth neighbor into oblivion with a rocketing punch that also peeled his eyebrow back into his hairline.
Grandma and Grandpa left the Church of Jesus Christ of Latter Day Saints by 1912. Most of the living family apostatized, as they blamed the church for the treatment of the family during and after the trial. Unfortunately, that bitterness remained in the hearts of our grandparents and many of their siblings.
Some say that Robert was a Mule Skinner by trade and was said to have run the mules from Utah to Nevada. This would have been between the years 1912 and 1919 when, some family members say, they lived in Ely, Nevada. (We are currently looking for documentation concerning this matter).
Dr. Marble stated "Beth spoke of moving with her parents and the family to Nevada in a horse-drawn wagon at a time when she was one of the youngest members." From reading accounts in the Journal History of the Church in the archives in Salt Like City, we know this mode of travel could only accomplish fifteen or twenty miles per day, even under the most ideal conditions.
The wagon was constructed of heavy, unplained lumber about two inches thick, and formed a box measuring about four feet in width and eight feet in length. This was not one of the great Conestoga wagons with the large, white canvas tops that the earlier pioneers used in crossing the plains to get to the West, but a smaller, simpler vehicle used as a general form of transportation for heavy, compact burdens on the farm, such as: wheat, grains, sand, gravel, rocks, lumber, and as a conveyance for people as well.
It is our impression that the family did not have the protection of a canvas top, nor a tent of any kind when they made camp at night during the course of their journey. Certainly they must have had to bring along feed for the horses in the wagon with the children, and many other provisions of food and water that were necessary for the considerable requirements of the family. The routine each night must have presented challenges seeking a place to settle down where the landscape was flat and protected from wind and weather, where water could be obtained from a spring or stream, unharnessing, and feeding the horses, getting water for them, and leaving them hobbled and tethered.
Cooking a meal for all of a large family over a campfire, and providing sleeping places for all of them on the ground in various locations scattered throughout the campsite, was in itself a taxing chore. Grandpa worked his teams in the gold and silver mines while Grandma baked and made soap selling both her wares.
The family returned to Utah in about 1920 and sought peace and gainful employment in Magna/Garfield (near Salt Lake City), where Grandpa went to work in the smelter and Grandma Emily ran a boarding house. The family lived here for several year.
One rainy evening, Emily was on her way to pick grandpa up from the smelter. The night was dark and the lights on the old model "A" were not very bright. Emily accidently struck and killed a man on a bicycle. He was dressed in dark clothing and she did not see him. The Magna police said that grandma was not at fault. (The Magna Times had a full page spread of the account, which we are looking for). She vowed she would never drive an automobile again as long as she live. From that day, to the day of her death, she kept that vow.
. (This Photo is of Garfield, Ut. ca.
1929. (shortly after the Lay’s left for California)
Robert and Emily moved to California in about 1927. They lived in Taft, Kern Co. until Robert’s death and Grandma ran a boarding house similar to the one in Magna, Ut. William Robert Lay died at 1:30 PM on Jan. 22, 1935. Death caused by complications to Influenza. He was also suffering from Myocarditis (Heart Disease).
Emily then moved to Long Beach, Ca. where she lived
with Bertha. Emily Kenner Lay died July 13, 1950 at 3:20 PM. in Rural San
Gabriel, Monterey Sanitarium, 3701 So. San Gabriel Blvd Long Beach, Ca.
Cause of Death; Congestive Heart Failure.
"Dad and his father, Robert, were on a Hay Wagon
together, when they drove under a low hanging branch. Dad reached up and
took hold of it, as soon as he did, he knew he shouldn’t have. Sure enough
when he let go, it came back and hit grandpa right in the face causing
him to fall right off the wagon. Well he thought his goose was cooked,
and that grandpa would whip him for it. But, grandpa just got back on the
wagon and said, "I bet you won’t do that again, Will you?"
Not much is known about them except that when Robert
was 5, Elizabeth died, this would have been around 1858/60. His father
soon remarried and between 1865 and 1870 passed away himself leaving Robert
to live with his Step-mother who then remarried. We do not know either
of the step-parent's names. Robert was eventually sent out of his own home
to live in the slave quarters where he fared no better than the blacks
who performed the menial labor of the plantation.
In the IGI, there is a mention of Silas and Elizabeth
married before 1851 in Memphis, Shelby Co., Tennessee. We have looked for
this documentation and was unable to find it. This record along with others
regarding William Robert’s family, listing only 6 of their 13 children
and their dates of births are incorrect. This information was submitted
by a cousin from Colorado. She has said the L.D.S. church came to her and
asked if she would submit some family information. She asked her grandfather,
Robert Jr. (Uncle Rob) if he could remember. Almost all of the records
Uncle Rob could remember were incorrect, I guess he could not remember
the particulars.
There is no real evidence that Robert ever was born.
The dates that we have are from church documents and government census
records. The earliest census for Grandpa is 1877. No one can find a birth,
Census, parents, or anything about Grandpa before 1877. The 1930 California
Census, mentions that his birthplace is Tennessee and the age 76. On the
marriage certificate from when Robert and Emily were sealed in the Manti
Temple, mentions that he was born on Jan. 10, 1854 and the place of his
birth. As for the birth and death records of the LAY family, we are missing
just a few.