March on, march on, you mighty host,
And organize from coast to coast;
and Joe Hill's spirit soon shall see
Triumphant Labor's victory.
-John Nordquist
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Saturday October 2, 1915
From Deseret Evening News: Utah Governor & Swedish Minister Exchange Telegrams
Today we offer the second part of an article in the September 30th edition of the the
Deseret Evening News wherein it was announced that Fellow Worker Joe Hill had been granted a last minute reprieve through the intervention of President Wilson at the request of the the Swedish Minister to the United States.
The article concludes with an exchange of telegrams between Minister Ekengren of Sweden and William Spry, Governor of Utah. On behalf of Joe Hill, a subject of Sweden, the Minister expresses his doubts as to whether justice will be served through enactment of the death penalty in this case:
I have read the case of Hillstrom in the Pacific Reporter and must state my opinion that while the procedure might have been perfectly regular, the evidence on which the state bases its case is too weak to warrant execution of capital punishment. The evidence is at best only circumstantial, and though I know that there have been cases where convictions of capital crimes have been made on just such evidence, I consider it very grave to do it.
If I understand it, it is the states's duty to prove beyond doubt the guilt of the accused. In this instance it looks as if the burden of proof was on the accused, as if he must prove where he received his wound, etc. His refusal to take the stand on his own behalf seems to have actually, while not expressly, operated against him with both court and jury.
In a lengthy statement, the governor makes the absurd claim that there was direct evidence given against Joe Hill, when, in fact, not one of the states witnesses could positively identify him as one of the men who ran from the store following the murders of Morrison and his son.
The Minister further states:
[I]t seems to be a very serious thing to take a man's life if there is a shadow of doubt as to his guilt.
Utah appears ready to do just that, and to go down in history as the State that murdered Labor's Troubadour, Joe Hill.
From the Deseret Evening News of September 30, 1915-
"Reprieve Given to Oct. 16" (Cont.)
MINISTER'S REQUEST.
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. The telegram to the Governor from Minister Ekengren follows:
Bar Harbor, Me., Sept, 28, 1915.
His Excellency, the Governor of Utah, Salt Lake, Utah.-Please accept my thanks for your message of yesterday, received today. I have read the case of Hillstrom in the Pacific Reporter and must state my opinion that while the procedure might have been perfectly regular, the evidence on which the state bases its case is too weak to warrant execution of capital punishment. The evidence is at best only circumstantial, and though I know that there have been cases where convictions of capital crimes have been made on just such evidence, I consider it very grave to do it.
If I understand it, it is the states's duty to prove beyond doubt the guilt of the accused. In this instance it looks as if the burden of proof was on the accused, as if he must prove where he received his wound, etc. His refusal to take the stand on his own behalf seems to have actually, while not expressly, operated against him with both court and jury. Further, even if it is proven that Hillstrom was one of the two men who entered the store, it is not proven, it seems to me, that it was he who did the shooting. He may have been in the store and yet neither fired a shot nor had any intent to do so. The other party may have fired all of the shots.
WANTS INVESTIGATION.
The question of motive leaves room for serious consideration, too. What motive could Hillstrom have had? It appears that he had been in Salt Lake but a short time and could hardly have made such enemies that he would shoot and kill them out of pure malice. From the information that I have on hand about the man I draw the conclusion that while he might be radical and haughty, he has led a comparatively honest life previously, and robbery as motive for the crime would therefore not seem any more reasonable than pure malice.
Today I have been telegraphically instructed by my government to endeavor to secure a new investigation in the case and on their behalf and in my own I ask you again very earnestly to consider at least a postponement of the execution. I beg to assure you that I appreciate very fully the letters and appeals written by a lot of emotional people in various parts of the country cannot be rated very highly.
Nevertheless, it seems to be a very serious thing to take a man's life if there is a shadow of doubt as to his guilt.
W. A. EKENGREN,
Swedish Minister.
Governo Spry
`````
To the forgoing, Governor Spry replied:
W. A. Ekengren, Swedish Minister,
Bar Harbor. Me.
In your last telegram you indicate the evidence in the Hillstrom case is too weak to warrant capital punishment, and express doubt of his guilt. We submit that the court and jury who heard the evidence, and the supreme court who reviewed, and the board of pardons who considered the record evidence in its entirely, are in a better position to judge of that than one unfamiliar with the record or the real facts of the case. You say the evidence is but circumstantial. the supreme court in its opinion, pointed to direct evidence of Hillstrom's guilt. You say, "Even if it is proven that Hillstrom was one of the two men who entered the store, it is not proven, it seems to me, that it was he who did the shooting. He may have been in the store and yet neither fired a shot nor had any intent to do so. The other party may have fired all of the shots."
EYE WITNESSES.
That statement is not supported by either the facts or the law of the case. Confessedly two men with masks over their faces and guns in hand in the night time and for the purpose of murder or robbery, entered the deceased's store, and deliberately shot him and his son to death. In the assault one of the assailants was shot by the deceased's son. The state, by eye witnesses, adduced testimony to show that one of the assailants was Hillstrom; that he shot and killed the deceased, and that he was the active perpetrator of the crime, and further proved that he, two hours after the commission of the homicide, was suffering from a fresh and serious gunshot wound through the chest, and applied to a doctor for surgical aid.
Against that proof Hillstrom offered nothing. He offered no proof to show where he was or what he did that night or where or how he received his wound. After an affirmance of the judgment by the supreme court and on a hearing before the board of pardons for a commutation of sentence, Hillstrom and his friends were given every opportunity to show, either by himself or anyone else, how or where he received the wound or where he was or what he did on the night or the homicide, or any other matter of fact or thing in his favor. He has refused to show or to offer anything or to be interrogated by his own counsel or by any member of the board and declined to give the board any information or to make any statement whatever, and has since declined to give any, but has stated that it was "no one's business" how or where he was shot.
WOMEN EXAMINED.
Mrs. Virginia Snow Stephen
`````
In pursuance to your prior telegrams that a Mrs. Stephen and a Miss Bolin claiming to know something about the case, had wired you for intervention, and of a cablegram sent by Arnoldson and Larson of this city to the burgomaster of Stockholm, we caused them to appear before the board, and on inquiries made of them they stated that they did not know Hillstrom, knew nothing of his past life and nothing that could be represented by them or anyone else in Hillstrom's favor on a further hearing of the case.
All stated they had not heard the evidence nor read it, except one, who claimed to have read a portion of it and the briefs of Hillstrom's counsel. One of them stated that he asked Hillstrom's discharge whether he be guilty or innocent; another, that the sentence be commuted, no matter how revolting the crime was or how conclusive Hillstrom's guilt, and the two others who had not read the evidence, but only a portion of it and on reading the briefs of Hillstrom's counsel, expressed doubt of his guilt. You have heretofore been fully advised that Hillstrom had a fair trial; that he was represented by counsel his own selection; that he was regularly tried and convicted in accordance with the laws of this state, and that no disinterested person familiar with the record and the evidence had any doubt of his guilt.
CONSUL REVIEWS CASE.
The local Swedish consul, who also is a lawyer, at your request examined the records and proceedings of the case and advised you, after such examination, that Hillstrom was represented by counsel, that the evidence was sufficient to show his guilt, that he had a fair trial, that he had several interviews with Hillstrom and that there was nothing made to appear to justify interference with the judgment; in our last telegram to you we assured you that the case had received our most earnest consideration and that thus far nothing had been made to appear to justify interference with the judgment, and stated that if you knew of anything or could direct us to anyone possessing knowledge of anything tending to justify commutation we would be pleased to consider the question of further postponement of the execution.
You have furnished us nothing except arguments from the briefs of Hillstrom's counsel. We submit that if Hillstrom is a Swedish subject more can be accomplished by your appeal to him and his friends that if there is anything to justify commutation they make it known and lay it before the board of consideration. Though every opportunity was afforded them, they thus far have refused to show anything.
WILLIAM SPRY,
Governor of Utah.
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[Photographs and paragraph breaks added.]
SOURCES
Deseret Evening News
(Salt Lake City, Utah)
-Sept 30, 1915
http://newspaperarchive.com/...
http://newspaperarchive.com/...
The Case of Joe Hill
-by Philip S Foner
International Publishers, 1965
https://books.google.com/...
Joe Hill
-by Gibbs M. Smith
Gibbs M Smith Inc, 1984
(copyright 1969)
https://books.google.com/...
IMAGES
Joe Hill
http://www.freedomarchives.org/...
His Excellency, W. A. F. Ekengren
Swedish Minister to the United States
http://books.google.com/...
William Spry, Governor of Utah
from 1909-1917
https://en.wikipedia.org/...
Virginia Snow Stephen,
supporter of Joe Hill, Utah Socialist
http://historytogo.utah.gov/...
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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 "Coffee An'" on page 42:
Coffee An'
(Tune: Count Your Blessings)
-Joe Hill
Count Your Blessings - Chelmsford Citadel Songsters
An employment shark the other day I went to see,
And he said come in and buy a job from me,
Just a couple of dollars, for the office fee,
The job is steady and the fare is free.
CHORUS:
Count your pennies, count them, count them one by one,
Then you plainly see how you are done,
Count your pennies, take them in your hand,
Sneak into a Jap's and get your coffee an'.
I shipped out and worked and slept in lousy bunks,
And the grub it stunk as bad as forty-'leven skunks,
When I slaved a week the boss he said one day,
You're too tired, you are fired, go and get your pay.
When the clerk commenced to count, Oh holy gee!
Road, school and poll tax and hospital fee.
Then I fainted, and I nearly lost my sense
When the clerk he said: "You owe me fifty cents."
When I got back to town with blisters on my feet,
There I heard a fellow speaking on the street.
And he said: "It is the workers' own mistake.
If they stick together they get all they make."
And he said: "Come in and join our union grand.
Who will be a member of this fighting band?"
"Write me out a card," says I, "By Gee!
The Industrial worker is the dope for me."
FINAL CHORUS:
Count your workers, count them, count them one by one,
Join our union and we'll show you how it's done.
Stand together, workers, hand in hand,
Then you will never have to live on coffee an'.