Most of the litigation in Utah has been of the routine type, civil suits, divorce cases, etc., with here and there a criminal case, none of which attracted more than local attention. But in 1914-15 a case came before the Utah courts that probably has no counterpart in the legal annals of any country in the world, surely not in America.

About 9 P. M. on January 10, 1914, John G. Morrison, a grocer, and his son, John A. Morrison, were in the Morrison store at 778 South West Temple Street, Salt Lake City, when two masked men entered the store, presumably bent on robbery. Father and son were both shot dead, but the latter succeeded in firing one shot at the robbers, which caused them to take their hasty departure.

Toward midnight Dr. F. M. McHugh, whose office was in Murray, was called upon to dress a gunshot wound for a man known as "Joe Hill," who said he had been shot in a quarrel over a woman, and would make no further statement. After his wound was dressed he was taken to the home of a family named Eselius, on Seventeenth South' Street, by Dr. A. A. Bird. The next morning a trail of blood was followed for some distance from the store, showing that young Morrison had not missed his mark. On the 12th Governor Spry offered a reward of $500 for information that would lead to the apprehension and conviction of the murderer. About 11:30 that night the man at the Eselius home was arrested, on information furnished by Dr. F. M. McHugh, and taken to jail.

He was given a preliminary hearing before Harry S. Harper, justice of the peace, on January 28, 1914, and was bound over to the district court. During the preliminary trial it was developed that the man's real name was Joseph Hillstrom, that he was a member of the Industrial Workers of the World—commonly referred to as the "I. W. W."—and that under the name of Joe Hill he had written a number of songs of a revolutionary character for that organization.

Hillstrom was arraigned, before Judge Morris L. Ritchie, of the Third District Court, on June 18, 1914. The prosecution was conducted by E. O. Leatherwood, district attorney, F. B. Scott and E. B. McDougall appearing for the defense. The most damaging testimony against the defendant was that of young Merlin Morrison, who was at the store the night of the shooting and obtained a clear view of the masked men. He afterward went to the jail and positively identified Hillstrom as the man who did the shooting. Hillstrom's wound was made by a bullet from a thirty-eight caliber revolver, which corresponded to the gun used by John A. Morrison, one chamber of which was found to be empty the morning after the tragedy. Other evidence pointing to Hillstrom's guilt was introduced and the defense was unable to shake the state's case.

The defendant refused to make any statement as to the manner in which he received his wound, further than to say that he had been shot in a quarrel over a woman, but he would not divulge the name of the woman or the man who shot him. When the trial was about half way through Hillstrom startled the court and spectators by springing to his feet and demanding the summary dismissal of his counsel, saying that he would conduct the case himself. The trial came to an end on the 27th with a verdict of guilty, the jury recommending the death penalty. Hillstrom was accordingly sentenced to be shot on October 1, 1915.

Scott and McDougall having been deposed, Soren X. Christensen, of Salt Lake City, and O. N. Hilton, of Denver, came into the case as Hillstrom's attorneys. They appealed to the Supreme Court, which on July 15, 1915, affirmed the decision of the District Court and refused to grant a new trial. Then began a crusade to liberate the condemned man—a crusade without a parallel in the history of the country.

The I. W. W. set up the claim that Hillstrom's conviction was a "frame-up" on account of his activities in behalf of that organization, and that the Morrison case was only an excuse. It was learned that Hillstrom was a Swedish subject and some women of Salt Lake City sent telegrams to the Swedish minister, W. A. Ekengren, asking him to intercede. Governor Spry received many letters threatening him with all kinds of retaliation in the event Hillstrom was put to death. One of these letters, postmarked Salt Lake City, was as follows:

"In accordance with my orders from the headquarters of the 'Order of K. O. D.' I am communicating this to you: Governor Spry, of Utah, on penalty of his life, MUST on or before the 30th day of September, A. D. 1915, commute the sentence of one Joseph Hillstrom from death to LIFE IMPRISONMENT."

Just what the Order of K. O. D. is, or was, could not at the time be determined. Some of the men about the capital interpreted the initials as meaning "Knights of Death." Another letter from Paducah, Ky., contained the warning: "If you sit idle and allow one of labor's own to be murdered the way Joe Hill is to be murdered, you may expect at any day or night the sudden demand from the workers of our free America for a settlement in full, asking the return of the double pay both in dollars and in lives for what has been taken from them."

As the time approached for Hillstrom's execution his friends became more and more active, especially after the state board of pardons on September 18, 1915, by an unanimous vote, refused to grant Hillstrom a new trial or commute the sentence to life imprisonment. On September 30, 1915, the day before that set for the execution. Governor Spry received the following telegram from the President of the United States:

"Respectfully ask if it would not be possible to postpone execution of Joseph Hillstrom, who I understand is a Swedish subject, until the Swedish minister has an opportunity to present his view of the case fully to your Excellency.

"Woodrow Wilson." To this Governor Spry replied that Hillstrom had been convicted after a fair trial and that his case had been more thoroughly investigated by the board of pardons than any similar case in the history. of the state, and added: "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 at your request only, I will grant a respite until the next meeting of the board of pardons, which will be held on Saturday, October 16th."

In granting this respite the governor asked that Minister Ekengren come to Utah and make an investigation of the case before the meeting of the board. Instead of coming to Utah, Mr. Ekengren employed E. B. Critchlow to make an investigation and Mr. Critchlow reported that it was his belief it would do no good to reopen the case. The 16th of October arrived, the board of pardons met, but no new facts were presented to the board by either the President or the Swedish minister.

November 19, 1915, was therefore set as the date for the execution of Hillstrom. Then the American Federation of Labor came into the case. At a convention in San Francisco on November 17th, only two days before the time set for the execution, the Federation adopted a resolution declaring that Hillstrom had not been given a fair trial and asking the President to intervene. Later on the same day Governor Spry received the following telegram from President Wilson:
"With manifest hesitation, but with a very earnest conviction of the importance of the case, I again venture to urge upon your Excellency the justice and advisability of a thorough reconsideration of the case of Joseph Hillstrom."

The same day the President sent a message to Samuel Gompers, president of the American Federation of Labor, announcing that he had telegraphed Governor Spry "urging justice and a thorough reconsideration of the case of Joseph Hillstrom." Governor Spry learned of this message and after consulting the members of the board of pardons and state officials, sent a long reply to the President, in which he said:

"Forty-six days after the granting of the respite and at the eleventh hour you, as President, without stating any reasons therefore again wire urging a thorough reconsideration of the case, because of its importance and the justice and advisability of such a course. Your interference in the case may have elevated it to an undue importance and the receipt of thousands of threatening letters, demanding the release of Hillstrom regardless of his guilt or innocence, may attach a peculiar importance to it, but in Utah the case is important only as establishing, after a fair and impartial trial, the guilt of one of the perpetrators of one of the most atrocious murders ever committed in this state. As to your suggestion that justice requires further consideration of the case, I earnestly submit that the imputation contained, not only in your message to me, but also in your message to the president of the American Federation of Labor, that this convict has not had justice in the courts of this state is not justified.

I am fully convinced that your request is based on a misconception of the facts, or that there is some reason of an international nature that you have not disclosed. With a full knowledge of all the facts and circumstances submitted, I feel that a further postponement at this time would be an unwarranted interference with justice. Mindful of the obligations of my oath of office to see to it that the laws are enforced, I cannot and will not lend myself or my office to such interference. Tangible facts must be presented before I will further interfere in this case.
"W. Spry."

Newspapers in all the leading cities of the country upheld Governor Spry in his view of the case. No further efforts were made to secure Hillstrom's release and at sunrise on the 19th of November, 1915, he faced a firing squad upon the baseball diamond in the state prison grounds and expiated his crime.

[Source: Utah since statehood: historical and biographical, Volume 1; Edited by Noble Warrum; Publ. 1919; Transcribed and submitted by Andrea Stawski Pack.]