THE NAY FAMILY IN UTAH AND THE WEST

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Ormus’ death is recorded as May 31, 1931 in Prescott, Yavapai, Arizona at age 81. This information comes from a death certificate from the state of Arizona.  Listed on the document for cause of death is bronchial pneumonia and chronic myocarditis. (51) Louisa A. Nay died soon after in Las Vegas, Nevada on February 14, 1935, at age 80, a few days short of 81 years. The cause of death listed on her certificate is carcinoma of the cervix. (52)

Sources:

1. The Church of Jesus Christ of Latter-day Saints, Branch Records; Iowa, Harris Grove, LDS, microfilm #0001923, p. 48.  Available at the Family History Library, 35 N. West Temple Street, Salt Lake City, Utah, 84150.

2. Harris Grove Branch Records.

3. Ibid.

4. The Church of Jesus Christ of Latter-day Saints, Archives, #CR 100 323, Historian’s office [1842-1972] Title: Utah Immigration index [ca.1926] of Crossing the Plains.

5.1856 Utah Territorial Census; Cedar Fort, Utah, Utah. Microfilm # 0505913.

6. Early Days in Cedar Valley, Woolsey, Sarah.

7. 1860 Federal Census; Springville, Utah, Utah.  Microfilm #805313.

8. The Church of Jesus Christ of Latter-day Saints, Ward Records; Utah, St. George, LDS, microfilm #0027333.

9. Copy of letter in family records collections of Beth Breinholt, South Jordan, Utah. (also see addendum #6)

10. The Church of Jesus Christ of Latter-day Saints, Ward Records; Utah, Springville, LDS, microfilm #026,458.

11. The Church of Jesus Christ of Latter-day Saints, Special collections, #M170579, Sheet  #0151, Family History Library, 35 N. West Temple St., Salt Lake City, UT, 84150.  St. George Sealing records, sealing of John and Thankful Lucy Pine.

12. Death certificate, (see source #52.) Note: Virgin Ward records list her birth year as 1855. (see source #43.)

13. Nauvoo Temple Endowment register, 1845-1846. (Illinois).

14. LDS Biographical Encyclopedia, Jenson, Andrew. 1951, Vol: 3  page: 365.

15. Ibid.

16. Records in family Bible and other records received by correspondence with Olephia E. Nay King, Fallon, Nevada.

17. A Frontier Family, Joseph B. Nay and Amanda E. Earl, Stubbs, Joy, Orem Utah.

18. 1860 Federal Census.

19. 1870 Federal Census; Pine Valley, Washington, Utah. Microfilm # 553112.

20. Nay Family Bible, in possession of Marilyn Nay, Nay Ranch, near Bunkerville, Nevada.

21. Family records of Beth Breinholt, South Jordan, Utah.

22. Breinholt, Beth

23. Breinholt, Beth

24. Breinholt, Beth

25. Breinholt, Beth

26. History of My Father’s Life, Whitney, Doris Elizabeth Nay, copy in possession of Beth Breinholt, South Jordan, Utah. (granddaughter of Doris.)

27. A. The Nays Return to Tule Springs, Lewis, Georgia, published in The Nevadan, March 13, 1977. B. The Montello Robbery, Earl, Phillip I., published in the Northeastern Nevada Historical Society Quarterly, Vol: 3, No.: 1, Summer 1972, Elko, Nevada. C. Autobiography of John Gillespie, 1830-1912, pp. 416-436, published in Our Pioneer Heritage, compiled by Kate B. Carter, Daughters of the Utah Pioneers, Salt Lake City, Utah, 1976. D. The Montello Robbers, Walter R. Averett from his book Beyond the Ranges.

28. The Montello Robbers, (Chapter 3), Walter R. Averett from his book Beyond the Ranges.

29. Op. Cit. p. 53, Averett.

30. Op. Cit. p. 54, Averett.

31. This Robber’s Roost is located in the Swazey range, about 10 miles west of Drum mountain and 10 miles north of Antelope Spring in Utah. This is not to be confused with the Robber’s Roost associated with Butch Cassidy.

32. Op. Cit. p. 55, Averett.

33. Op. Cit. p. 56, Averett.

34. Op. Cit. p. 60-61.

35. Op. Cit. p. 62, Averett.

36. Op. Cit. p. 62, Averett.

37. Nay Family Bible

38. The Church of Jesus Christ of Latter-day Saints, Ward Records; Utah, Circleville, LDS microfilm # 6244.

39. History of Circleville, Allen, Carrie

40. Interview with Edyth Sevy, August 17, 2001, transcribed by Joy Stubbs.  The possibility exists that this memory was about Ormus Calvin, son of Ormus Bates, who also lived in Circleville at the same time.

41. Las Vegas Review Journal, obituary of Chauncy Leon Nay, death date 20 Dec 1973.

42. Las Vegas Age, Nevada Historical Society, January 27, 1906.

43. The Church of Jesus Christ of Latter-day Saints, Ward Records, Utah, Virgin, LDS microfilm #0027388.

44. History of Sarah Melinda Allen Nay 1875-1944, by Doris E. Nay Whitney, started March 17, 1957, completed Nov. 15, 1959, copy in possession of Beth Breinholt, South Jordan, Utah. (granddaughter of Doris.)

45. Special Collections, microfilm # 0170580, p. 23, #399. Family History Library, Salt Lake City, Utah.

46. 1910 Federal Census, Nevada; Alamo Pct. Film #1374871, Sup. Dist. 1, ED 46.

47. 46. 1910 Federal Census, Nevada; Nye County, Tonopah. Film #1374872, Sup. Dist. 1, ED 58.

48. 1920 Federal Census, Nevada; Clark Co., Las Vegas, Film #1821004, Sup. Dist. 2, ED 3.

49. 1930 Federal Census, Nevada; Clark Co., Las Vegas, Film #2341031, Sup. Dist. 2, ED 2-7.

50. History of Sarah Melinda Allen Nay.

51. State of Arizona, Death certificate.

52. State of Nevada, Death certificate.

Addendum 1
From Elko Nevada County records

In the District Court of the 4 Judicial District County of Elko State of Nevada

The State of Nevada Plaintiff

Against

Frank Hawley, Daniel Francis, Orrin Nay, Sylvester Earle and Raas Anderson defendants

The defendants above named Frank Hawley, Daniel Francis, Orrin Nay, Sylvester Earle and Raas Anderson are accused by the Grand Jury of the county of Elko, State of Nevada by this indictment on this 9th day of February AD 1883 of the crime of assault with intent to commit Robbery.  Committed as follows to wit That the said Frank Hawley Daniel Francis, Orrin Nay, Sylvester Earle and Rass Anderson at the County of Elko State of Nevada on or about the 22nd day of January AD 1883 and before the finding of this indictment upon the person of Mr. A. G. Ross then and there being unlawfully willfully violently and feloniously did make an assault and with certain pistols loaded and charged with gunpowder and certain leaden bullets which said pistols Frank Hawley Daniel Francis Orrin Nay Sylvester Earle and Raas Anderson in their hands then and there had and held the said A.G. Ross did then and there shoot maim and wound and in great bodily fear the said A.G. Ross then and there did____ with intent to then and the violently and feloniously and by force and intimidation take from the person of the said A. G. Ross divers gold and silver coins of the Government of the United States of the denominations of Twenty, ten, five and one dollar pieces and fifty cent pieces and of the aggregate sum Six hundred dollars lawful money the United State then and there being the personal goods and chattels of Wells Fargo and Company and corporation duly organized and existing and doing business as such corporation in the State of Nevada at the time aforesaid.  And all of said personal property goods and chattels being then there in the custody and under the control of the said A.G. Ross all of which is contrary to the form and Statute in such cases made and provided and against the Peace and dignity of the State of Nevada.

J. W. Dorsey

District Atty of Elko County Nevada

Addendum 2
From Elko Nevada County records
Proceedings of the court:

Elko Nevada Feb 28, 1883

Frank Hawley, Daniel Frances, Orrin Nay, Sylvester Earl, and Raas Anderson: Indicted for assault with intent to commit Robbery.

The Bench warrant heretofore issued for above named defendants having been returned and the Prisoners were ordered to appear forthwith for arraignment.

Defendant Orrin Nay in court for arraignment.  The Court then asked Deft. if he had counsel whereupon Deft. said he had not and that he did not wish counsel.

The clerk then read the indictment and gave the Deft. a certified copy thereof and asked him if he was guilty or not guilty whereupon the Deft. plead “guilty.”

The Court then asked the Defendant if Orrin Nay was his true name, where upon the Deft. said the his true name was Ormus Nay.

Thereupon the Deft waived the usual time for pronouncing judgment upon said plea and requested the judgment be pronounced at once.

The Deft. was then asked by the Court if he had any legal cause to show why judgment should not be pronounced against him and the Deft. Answered “None.”

No legal cause appearing or being shown to the Court why judgment should not be pronounced in said cause, therefore the Court renders its judgment that you Ormus Nay having on the 28th day of Feb. 1883 plead guilty in this Court of the Crime of Assault with attempt to commit Robbery as charged in said Indictment, It is hereby ordered Adjudged and Decreed that you Ormus Nay be punished for the crime of which you have plead guilty, by being incarcerated in the states Prison of the State of Nevada for the term of Fourteen (14) years from the date of your incarceration therein.
Prisoner rewarded to custody of the Sheriff.

Approved A. A. Bigelow
Dist. Judge

Addendum 3
Letter from Louisa Nay
Carson City, Nevada
June 22nd 1886

To: George F. Talbot
District Attorney
Elko County Nevada

Sir:

Please take notice that the undersigned Louisa A. Nay wife of Ormus B. Nay will apply to the Hon Board of Pardons of the State of Nevada, at the regular meeting to be held July 12th, 1886, or as soon thereafter as the case can be heard for the pardon of said Ormus B. Nay who was convicted the term 1883 of said Court of the crime of Assault with intent to commit Robbery, and sentenced to the Nevada State Prison for the term of fourteen years, the date of commitment being March 2nd, 1883.

The grounds of pardon will be for good behaviour while in prison, his previous good character, first offense, sufficient punishment and the further fact, while from the wounds received at the time of the attempted robbery he can render no service to the State but if pardoned could assist in the care of his three small children while the undersigned was absent from home working for the support of the family.

Very respectfully,
Louise A. Nay

For good and sufficient cause shown the time of serve is herby shortened to fifteen days.

C.W._________
Chief Justice Supreme Ct.
Dated June 22, 1886

Addendum 4
Letter from  Louisa A. E. Nay
Carson Jany 12 1890
To the Hon. Board of Pardons,

Gentlemen

I am compelled to leave for Utah for the reason contained in the Telegram which Mr. Woodhouse will present to your Honorable body.

Up to this date of the commission of the crime for which my husband is serving a term in the Nevada Prison, he was Never even suspected of being the perpetrator or abettor of any offense known to the law;

He was good father and a loving husband and always provided for the Maintenance of his family.  I am well known to the ladies of Carson for a period of over six years, Many of whom I have worked for to get scant bread to Maintain myself and four children My Misfortune impelled them to sign my husband’s petition, they will all bear testimony that what I in the letter has been told them by me many many times.

With fluttering heart and inexpressible anxiety I cling to the hope of my husband’s pardon at your hands as it may in some degree effect the stigma already resting on his family.

Yours Respectfully,

Mrs. L. A. Nay

Addendum 5
Letter from Mrs. T. A. Marley [or Morley]
Monroe, Utah

May 23, 1892

Gov. R. K. Colcord:-

Dear Sir:-

I write to you today in behalf of my son Ormus B. Nay, who is now in State prison.  He comes before the Board of Pardon in July and it is the great desire of his aged father (88) to see him once more before his dies.  The father is growing daily more feeble.

I his mother, am also in poor health, and if you have a son you can, to some extent know how aged parents would long to see their boy once more.  He was not a bad boy, but bad company has brought him where he is.  I am sure he realizes his wrong now and certainly has had his punishment.  I never have before applied or asked for any pardon for him but now I feel a right to ask.  He has been punished fully.  I am confident he will ever again cause trouble.

I pray for your sympathies.
His aged mother, whose hope is in the God of justice and mercy.
Mrs. T. A. Marley [or Morley]
Per M. H. A.

Addendum 6
Letter from O. B. Nay

Carson City, Nevada
May 7th, 1891

To Hon. Judge Talbot

District Judge of Elko Co. Nev

Notice is hereby given that O.B. Nay tried at the February term of court of Elko in 1883 and convicted of the crime of Attempt at Robbery; and sentenced to 14 years imprisonment; will apply for pardon at the July term of the Hon. Board of Pardon’s

Grounds for Pardon

1st Length of time served

2nd Good Conduct

3rd Sickness and failing health

O.B. Nay

Service admitted May 15th/1891

J.J Talbot
District Judge

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