I am going to stick to my principle no matter what may come.
I am going to have a new trial or die trying.
Yours for Fair Play,
JOSEPH HILLSTROM
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Tuesday October 19, 1915
Salt Lake City, Utah - Joe Hill Resentenced, Will Be Shot to Death on November 19th
On Saturday October 16th, the Utah Board of Pardons met as per their monthly schedule, and the result of that meeting was the termination of the reprieve granted to Fellow Worker Joe Hill on September 30th, the eve of his previously ordered execution.
Accordingly, Joe Hill was brought before Judge Ritchie yesterday and resentenced to die before a firing squad on November 19th. Hill was not allowed to wear his good suit, but was dressed in a prison-issued uniform, baggy and gray, covered by a long black overcoat. Four guards surrounded him as he sat between the Deputy Warden, Andrew Ure, and his attorney, Soren X. Christensen. Seven more guards were scattered about the courtroom. FW Hill kept his eyes focused upon the floor as the judge pronounced the sentence.
As the guards came to re-shackle him at the close of the proceedings, our Rebel Songwriter arose from his seat, pointed at Judge Ritchie, snapped his fingers and stated:
I am here and I want to make a statement.
The warden asked, "Judge, do you wish to hear him?"
The judge replied, "No, the case is disposed of."
Below the fold, our readers will find further reporting from the Deseret Evening News of Salt Lake City.
From the Deseret Evening News of October 18, 1915:
COURT FIXES DATE
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Joseph Hillstrom is to Be Shot to Death on Nov. 19,
for Murder Of J. G. Morrison and Son
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ATTEMPTS TO ADDRESS JUDGE M. L. RITCHIE
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Prisoner Brought into Court Under Heavy Guard-
Appears Nervous-
Is Rushed Back to State Prison.
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Joseph Hillstrom, whose reprieve was terminated by the state board of pardons Saturday, will be shot to death between sun rise and sun set Friday, Nov. 19, in expiation of the murder of J. G. Morrison. This was the date fixed this morning by Judge M. L. Ritchie, of the Third district court.
Under heavy guard, Hillstrom was taken before Judge Ritchie a few minutes after 10 o'clock this morning. After the court had disposed of his case, Hillstrom caused a mild sensation in the court room by attempting to address the Judge. When Andrew Ure, deputy warden of the state prison, undertook to place the handcuffs on Hillstrom's wrists, the condemned man raised his right hand and snapped his fingers to take the court's attention. He had begun uttering in an indistinct tone: "I am here.." when he was silenced by Judge Ritchie. Several officers grasped the defendant by the arms and the handcuffs were applied. He was then marched out of the court room. In the corridor a deputy sheriff heard Hillstrom say, "He does not want to hear what I have to say and I don't blame him." Outside the court house he cursed the photographers when they took snap shots of him getting into the state prison auto.
Precautions were taken by court and prison officers to not let the exact time be known when Hillstrom would be brought into court. This was done to prevent the possibility of any unnecessary stir in connection with the resetting of the date of the execution. A number of persons had gathered in the corridor in the city and county building, however, and waited until Hillstrom was taken into the courtroom. These together with jurors who were present and employees in the building filled the spectators' seats in the courtroom.
Hillstrom was brought into the room by Warden Arthur Pratt, Deputy Warden Ure, C. C. Smith, state parols agent, and Henry Taggart, guard, Sheriff John S Corless, John B. Burbidge, Chief Deputy C. C. Caratensen, chief criminal deputies and half a dozen other deputy sheriffs.
When Hillstrom was taken into the room, the court suspended the trial of the civil case which was in progress. Dist. Atty. E. O. Leatherwood briefly reviewed the record in the Hillstrom case, explaining that the defendant was before the court for the re-setting of the date when the sentence of death by shooting should be executed. He then asked the court to re-fix the date.
HILLSTROM IS NERVOUS.
Judge Ritchie addressing the defendant and his attorney, Soren X. Christensen, asked if there was any reason why the court should not fix a date when the former judgment of the court should be executed. Atty. Christensen answered, "I know of no legal reason."
The court then refixed the date, Hillstrom showing signs of nervousness.
The court then announced that spectators must keep their seats until the defendant had been led from the court room. Deputy Warden Ure then proceeded to handcuff Hillstrom and the defendant sought to address the court after his case had been disposed of. Officers were compelled to exercise some force in leading Hillstrom from the court room. He was immediately taken back to the state prison by Warden Pratt, Deputy Ure and Parole Agent Smith, Sheriff Corless and Deputy Burbidge followed Hillstrom to the state prison in another automobile.
DENIED CLEMENCY.
In session at the state prison Saturday afternoon the state board of pardons again declined to grant clemency to Joseph Hillstrom, condemned to die for the murder of J. G. Morrison, who together with his little son, J. Arlin Morrison was shot down Jan. 10, 1914, by highwaymen who entered the Morrison Grocery store, Eighth South and West Temple streets. This means that Hillstrom will be shot to death in expiation of the crime of which he stands convicted.
The board of pardons adopted a formal resolution terminating the reprieve and denying the application for commutation of sentence when it became evident that no one could make any further showing why the condemned man should not pay the penalty provided by law.
Hillstrom declined to appear before the board of pardons. He merely sent word through his attorney, Soren X. Christensen, that he had nothing new or additional to tell the board. A telegram was received from W. A. F. Ekengren, Swedish minister to the United States, asking that Hillstrom's sentence be commuted, but this failed to advance any good and sufficient reason why clemency should be extended.
EKENGREN'S TELEGRAM.
Minister Ekengren expressed the belief that the evidence on which Hillstrom was convicted was insufficient to warrant the penalty of death.
The minister's telegram follows:
Washington, D. C., October 15, 1915.
His Excellency, the governor of Utah,
Salt Lake City, Utah:
Through your courtesy of granting a postponement of the execution of Joseph Hillstrom, sentenced by the courts of your state to be executed for murder in the first degree, I have had the opportunity to carefully study not only the opinion of the supreme court but also the stenographic records of the proceedings before the lower court, together with other available documents in the case, and through the information thus obtained I have only been further confirmed in my opinion that the evidence against the convicted man does not warrant a capital punishment. I am well aware that from a technical point of view a new trial is out of the question as the matter now stands, but considering the weakness of the evidence, which, at best, is only circumstantial, I herewith venture not only on my own, but on my government's behalf to address a most earnest appeal to you, Mr. Governor, and through you to the entire board of pardons, with a view to obtain a commutation of sentence for my unfortunate countryman, if for no other reason at least for the sake of humanity and comity usually practiced between friendly nations.
W. A. F. EKENGREN,
Swedish Minister.
When the board of pardons granted the reprieve it was on the personal request of President Woodrow Wilson, who had been prevailed upon to intervene by the Swedish government. In answering the president's request Gov. William Spry made it known that the reprieve was granted upon the personal request of the president only and the governor inferred that the chief executive of the nation had been informed of facts of which the members of the board of pardons knew nothing. The governor demanded that Mr. Ekengren come to Utah and investigate the case personally preliminary to the board's meeting of last Saturday.
The minister not only failed to come to Utah, but he likewise failed to advance any information of which the board was not apprised. For this reason the board again denied commutation of sentence and ended the reprieve.
ADOPT RESOLUTION.
Following is the formal resolution adopted by the board:
In the matter of the application of Joseph Hillstrom for commutation of the sentence of death to life imprisonment:
Whereas, In the above matter, upon request of the president of the United States, a respite of the sentence of execution was granted by the governor, with the advice and approval of the board of pardons, until Oct. 16, 1915, to afford W. A. F. Ekengren, minister from Sweden, opportunity to inquire into the case and ascertain whether the applicant, Joseph Hillstrom, was given a fair and impartial trial, and to afford the said minister and others an opportunity to present any matter of fact or thing, new or additional, in the case; and,
Whereas, At the public hearing held by the board of pardons Oct. 16, 1915, an opportunity was extended to anyone interested to present any new or additional facts bearing whatsoever upon the application: and,
Whereas, The privilege was extended to the applicant, who was represented at such hearing by his counsel, Soren X. Christensen, to appear before the board and to make any statement or explanation desired to be made by him, the said applicant; and,
Whereas, The said minister from Sweden has neither presented nor attempted to show that the applicant did not have a fair or impartial trial and has failed to present, or even attempt to present, anything whatever to support of the application for commutation of sentence, nor did the applicant or his said attorney offer or, attempt to offer anything whatsoever in support of such application, but, to the contrary, the said attorney representing the applicant stated that the applicant had nothing further to present.
Now, therefore, on motion duly made and seconded, it was ordered that the said respite be terminated and the said application for commutation be denied, which accordingly was done, and in this all the members of the board concurred.
ATTORNEY'S STATEMENT.
Atty. Christensen was the only person to appear before the board in behalf of Hillstrom. He made the following statement:
I am before you, gentlemen, on the same ground. I have made my fight for the life of Hillstrom and I have nothing to add or detract. Hillstrom has refused and still refuses to tell me his story of how he was wounded on the night of the Morrison murders and is still of the opinion that it is nobody's business but his own. He told me that he has nothing further to say to the board and for that reason he is not before you today.
Gov. Spry asked Atty. Christensen if he had any proof that Hillstrom is a Swedish subject. The attorney admitted that he had nothing but the word of the defendant. Members of the board took exception to the statement in the minister's telegram that he, (Ekengren) had read the transcript of evidence. E. O. Leatherwood, district attorney, said that there were but two copies of the transcript in existence and that one was locked in his office and other on file in the district court.
Gov. Spry made a statement that he, assisted by Justice Straup, had ferreted out and investigated to the utmost every bit of possible evidence that had reached his office in the thousands of letters written in connection with the case. He said that they had been unable to find one tangible fact throwing any additional light on the case.
LOOKS INTO RECORD.
Judge J. E. Frick commented that the board had obtained facts as to Hillstrom's record, which are reliable and concrete, but that these facts had nothing to do with the Morrison murder and would not be used or considered by the board in deciding this case.
An Associated Press dispatch from Los Angeles this morning says that Hillstrom is said by Los Angeles police to have been arrested under the name of Joe Hill at San Pedro harbor June 6, 1913, on suspicion of robbery. The dispatch says the police records show that "Joe Hill," which is the name under which he was originally arrested in this city, was taken into custody on suspicion of being implicated in the robbery of a street car. He was released because of insufficient evidence.
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[Photographs added.]
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SOURCES
The Man Who Never Died: The Life, Times,
and Legacy of Joe Hill, American Labor Icon
-by William M. Adler
Bloomsbury Publishing USA, Aug 30, 2011
https://books.google.com/...
Note: in my opinion, best book yet written
about Joe Hill and the case of Utah v Hillstrom.
A review by our own Richard Myers (RIP):
http://www.dailykos.com/...
Deseret Evening News
(Salt Lake City, Utah)
-Oct 18, 1915
http://newspaperarchive.com/...
IMAGES
Joe Hill from arrest record, Salt Lake County Jail,
ab Jan 14, 1914
http://local.sltrib.com/...
Joe Hill, Salt Lake Tribune, Sept 19, 1915
http://newspaperarchive.com/...
His Excellency, W. A. F. Ekengren
Swedish Minister to the United States
http://books.google.com/...
Soren X Christensen, 1866-1931
http://www.findagrave.com/...
The Man Who Never Died, Adler, cover
http://www.goodreads.com/...
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From Joe Hill to Elizabeth Gurley Flynn October 14, 1915:
Utah State Prison,
Oct. 14-15
To Elizabeth Gurley Flynn
Rec'd the photo of little Buster and all I had to do was to take one glance at it and immediately knew the reason why you felt so homesick when you made your trip to the Pacific coast. You certainly have a right to be proud of your boy, he's got a forehead like old Shakespeare himself.
Yours for the O.B.U.
Joe Hill
P.S. I made "A trip to Honolulu" the other day and set it to music. It's a March and what's more "It's a Bear." Am sending you same through E.R.
Tune for Bronco Buster Flynn by Joe Hill
SOURCE
The Letters of Joe Hill
-ed by Philip S Foner
Oak Publications, 1965
https://books.google.com/...
IMAGE
Bronco Buster Flynn by Joe Hill
http://joehill100.com/...
(see link)
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