I have said that I'd have a new trial or die trying.
They can kill me I know, but they can
never make me "eat my own crow."
-Joe Hill
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Friday October 1, 1915
Salt Lake City, Utah - Last Minute Intervention of President Spares Life of Joe Hill
The
Deseret Evening News reported the news late yesterday afternoon:
On a request of Woodrow Wilson, president of the United States, Governor William Spry today granted a respite to Joseph Hillstrom, who was under sentence to be shot to death tomorrow, until the next regular meeting of the state board of pardons. This will have the effect of re-opening the case for further hearing before the board. Governor William Spry sent his reply to the president at 3:15 o'clock this afternoon
Fellow Worker Hill hears the news:
When Hillstrom was told of the governor's action this afternoon he did not say a word. The death watch, which was placed over him this morning, was removed when the governor granted the respite. The sheriff has been advised that Hillstrom will not be shot tomorrow and the official respite will be filed with the sheriff tonight, the governor announced this afternoon.
The article announcing the reprieve also featured an exchange of telegrams between Governor Spry and Swedish Minister Ekengren which
Hellraisers will present in full tomorrow. The first half of the article can be found below the fold.
From the Deseret Evening News of September 30, 1915:
GRANTS JOSEPH HILLSTROM
STAY OF EXECUTION
President Wilson Telegraphs Request to Governor
William Spry to Take Action
REPRIEVE GIVEN TO OCT. 16
-----
During Interval Opportunity Will Be Given to
Prove Reasonable Doubt of Guilt
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BOARD OF PARDONS CONFERS AND ACTS
-----
On Date Fixed He Will be Taken into Court and
Resentenced if Effort for Freedom Fails.
-----
President Wilson
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On a request of Woodrow Wilson, president of the United States, Governor William Spry today granted a respite to Joseph Hillstrom, who was under sentence to be shot to death tomorrow, until the next regular meeting of the state board of pardons. This will have the effect of re-opening the case for further hearing before the board. Governor William Spry sent his reply to the president at 3:15 o'clock this afternoon.
In his reply to the president, Gov. Spry says that on the assumption that "you have been convinced that additional facts can and will be presented to the board why clemency should be extended and upon your request, and your request only , I will grant a respite until the next meeting of the board of pardons which will be held Saturday, Oct. 16."
The governor further says that he must insist that W. A. Ekengren, the Swedish minister to the United States, must come to Utah and make a personal investigation prior to the meeting of the board. The president asked for the respite owing to influence which was brought to bear upon him by the Swedish government, of which Hillstrom is claimed to be a subject. Mrs J. Sargeant Cram and Miss Elizabeth Flynn, of New York, also interceded with the president in behalf of Hillstrom. Frank B. Scott, Hillstrom's former attorney, did the same by telegraph.
When Hillstrom was told of the governor's action this afternoon he did not say a word. The death watch, which was placed over him this morning, was removed when the governor granted the respite. The sheriff has been advised that Hillstrom will not be shot tomorrow and the official respite will be filed with the sheriff tonight, the governor announced this afternoon.
Upon sending the foregoing message to the president, Governor Spry said this afternoon that it was the first time in the history of the country that he had heard of the president of the United States interfering in a state case "I have told the president," said the governor, "that I insist that the Swedish minster shall come here and investigate this case for himself. The local vice consul has notified him that there is no evidence to warrant clemency, but the minister seems to have ignored. Now, I shall insist that he give it a thorough investigation."
The board will convene Oct. 16 for further hearing in the matter, and if there is no new evidence forthcoming and the decision remains that Hillstrom must die for the Morrison murder, he will be again taken before the trial court, which will re-set the time for his execution. Unless new and unforeseen information is forthcoming, Hillstrom will eventually pay the death penalty in expiation of the crime of which he stands convicted.
Hillstrom can not have a new trial, unless appeal should be made to the United States supreme court. The president could ask one of the supreme court justices to direct the chief justice of the Utah supreme court to sign a writ of error for appeal to the tribunal, and if appeal was entertained, Hillstrom could be re-tried. This is regarded as not probable, however, in view of the fact that it is not believed there is ground upon which an appeal to the highest tribunal in the nation could be made.
Justices of Utah supreme court were displeased with telegram sent to Pres. Wilson last night by Atty. Scott, in which the attorney says that there was no evidence against Hillstrom save an unexplained bullet wound and that there were three of these on the night of the murder. They declared that if Scott had this evidence he should have presented it to the trial court and jury, or if precluded there to the board of pardons. They commented that he had never done this.
Before the governor's official act this morning. Sheriff John S. Corless went to the state prison and completed arrangements for the execution. The sheriff said that the condemned man made no request other than that he be shot while attired in his good clothes. Hillstrom was placed under the death watch this morning, but the reprieve will recall this.
WOMEN MAKE APPEAL.
An appeal to President Wilson on behalf of Hillstrom was made late yesterday by Mrs. J. Sargeant Cram and Miss Elizabeth G. Flynn, of New York, who called personally upon Secretary Tumulty, and also by Frank B. Scott, former attorney for Hillstrom, in a telegram to the president's secretary. The women also asked Acting Secretary Polk, of the state department, to help them, and according to an Associated Press dispatch, he promised to transmit the representations made by W. A. Ekengren, Swedish minister to the United States, to Gov. William Spry.
The dispatch states Mrs. J. Sergeant Cram, who is the wife of a member of the New York public service commission, and Miss Elizabeth G. Flynn, of New York, an organizer of the Industrial Workers of the World, said they have become convinced that Hillstrom had not had a fair hearing, and that they were asking for a reprieve in order that he might be given another trial.
SCOTT SENDS MESSAGE.
Frank B. Scott, one of Hillstrom's former attorneys, last night received a telegram from Mrs. Cram asking him to send an appeal to President Woodrow Wilson on behalf of Hillstrom. The telegram to Mr. Scott read:
Frank B. Scott, Salt Lake City-Secy. Tumulty suggests you immediately telegraph him to appeal to president and briefly state your opinion as to Hillstrom's innocence.
MRS. J. SARGENT CRAM.
To this telegram Mr. Scott last night sent Secy. Tumulty the following wire:
President's Secretary, Mr. Tumulty, Washington, D. C.-Responsive to your appeal to president to request 30-day reprieve for Joseph Hillstrom. Absolutely no evidence connecting Hillstrom with murder except unexplained bullet wound, which he insists is no one's business. Three other unexplained bullet wounds same night. Hillstrom fanatically makes no attempt to save his life. I believe that but for threats made against officials sentence would have been commuted-should be.
FRANK B. SCOTT,
Hillstrom's Former Attorney.
Another telegram asking for a further consideration of the case was received last night by Gov. William Spry from the Swedish minister, who said that he had been instructed yesterday by his government to endeavor to obtain a postponement of the execution...
To this Gov. Spry replied in a lengthy telegram that nothing has been found which would warrant a reprieve being granted...
~~~~~~~~~~
SOURCE
Deseret Evening News
(Salt Lake City, Utah)
-Sept 30, 1915
http://newspaperarchive.com/...
IMAGES
Joe Hill, Salt Lake Tribune,
Sept 19, 1915
http://newspaperarchive.com/...
Woodrow Wilson, 1912
http://www.loc.gov/...
Mrs. J. Sargeant Cram, Salt Lake Tribune,
Sept 30, 1915
http://newspaperarchive.com/...
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Information from Archie Green via Gibbs Smith:
The Industrial Worker of July 11, 1912 reports that the new edition of the I. W. W. songbook (Little Red Songbook) will include "Casey Jones." That edition of the songbook was published by The Industrial Worker in Spokane Washington, and also included "Where the Frazer River Flows" on page 39:
Where the Fraser River Flows - Utah Phillips
WHERE THE FRASER RIVER FLOWS
(Tune: "Where the River Shannon Flows")
-Joe Hill
Fellow workers pay attention
to what I'm going to mention,
For it is the fixed intention
of the Workers of the World.
And I hope you'll all be ready,
true-hearted, brave and
steady,
To gather 'round our standard
when the Red Flag is unfurled.
CHORUS
Where the Fraser river flows,
each fellow worker knows,
They have bullied and oppressed us,
but still our Union grows.
And we're going to find a way, boys,
for shorter hours and better pay, boys;
And we're going to win the day, boys;
where the river Fraser flows.
For these gunny-sack contractors
have all been dirty actors,
And they're not our benefactors,
each fellow worker knows.
So we've got to stick together
in fine or dirty weather,
And we will show no white feather,
where the Fraser river flows.
Now the boss the law is stretching,
bulls and pimps he's fetching,
And they are a fine collection,
as Jesus only knows.
But why their mothers reared them,
and why the devil spared them,
Are questions we can't answer,
where the Fraser river flows.
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