Hellraisers Journal: Jack Whyte States His Contempt for San Diego Court: “To hell with your courts; I know what justice is.”

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Quote Jack Whyte, Too Hell with Your Court, Ky Pst p4, Aug 21, 1912—————

Hellraisers Journal – Friday August 23, 1912
San Diego, California – Fellow Worker Jack Whyte Expresses His Contempt of Court

From The Kentucky Post of August 21, 1912:

San Diego I. W. W., Convicted, Bluntly Explains
to Judge His Contempt for Court
———-

Jack Whyte, To Hell With Your Courts SDg FSF Aug 5, KY Pst p4, Aug 21, 1912

SAN DIEGO, CAL., Aug. 21-Contempt of court, more bluntly expressed than probably ever before in the history of California, whose court records have been dirtied often by judicial acts which have disgraced the State, marked the close of proceedings here recently [August 5th], when Judge Sloane sentenced several members of the Industrial Workers of the World for conspiracy to violate the street-speaking ordinance. 

Sloane asked Jack Whyte, Industrial Worker, if he had anything to say as to why he should not receive sentence.

Whyte had something to say. He talked straight. This is what he said:

There are only a few word that I care to say, and this court will not mistake them for a legal argument, for I am not acquainted with the phraseology of the bar, nor the language common to the courtroom.

There are two points which I want to touch upon-the indictment itself and the misstatement of the Prosecuting Attorney. The indictment reads: “The People of the State of California against J. W. Whyte and others.”

It’s a hideous lie. The people of this courtroom know that it is a lie, and I know that it is a lie. If the people of the State are to blame for this persecution, then the people are to blame for the murder of Michael Hoey and the assassination of Joseph Mickolasek. They are to blame and responsible for every bruise, every insult and injury inflicted upon the members of the working class by the vigilantes of this city.

The people deny it, and have so emphatically denied it that Gov. Johnson sent Harris Weinstock down here to make an investigation and clear the reputation of the people of the State of California from the odor that you would attach to it. You cowards throw the blame upon the people, but I know who is to blame and I name them-it is Spreckels and his partners in business, and this court is the lackey and lickspittle of that class, defending the property of that class against the advancing horde of starving American workers.

The Prosecuting Attorney in his plea to the jury accused me of saying on a public platform at a public meeting: “To hell with the courts; we know what justice is.” He told a great truth when he lied, for if he had searched the innermost recesses of my mind he could have found that thought, never expressed by me before, but which I express now. “To hell with your courts, I know what justice is,” for I have sat in your courtroom day after day and have seen members of my class pass before this, the so-called bar of justice.

I have seen you, Judge Sloane, and others of your kind, send them to prison because they dared to infringe upon the sacred right of property. You have become blind and deaf to the rights of men to pursue life and happiness, and you have crushed those rights so that the sacred rights of property should be preserved. Then you tell me to respect the law.

I don’t. I did violate the law, and I will violate every one of your laws and still come before you and say: “To hell with the courts,” because I believe that my right to live is far more sacred than the sacred right of property that you and your kind so ably defend.

I don’t tell you this with the expectation of getting justice, but to show my contempt for the whole machinery of law and justice as represented by this and every other court. The Prosecutor lied, but I will accept it as a truth and say again, so that you, Judge Sloane, may not be mistaken as to my attitude:

“To hell with your courts; I know what justice is.”

[Emphasis added.]

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Hellraisers Journal: “Advertise San Diego!” -Brutal Crimes Committed Against Men and Women Engaged in Free Speech Fight

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Quote re IWW FSF San Diego Tribune, Mar 4, 1912 fr Mother Earth p106, June 1912—————

Hellraisers Journal – Friday June 14, 1912
San Diego, California – Brutal Crimes Committed in Effort to Stop Free Speech Fight

From the Spokane Industrial Worker of June 13, 1912:

IWW San Diego FSF, List of Crimes, IW p4, June 13, 1912

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Hellraisers Journal: Inquiry into San Diego Free Speech Fight Strips Mask from Army of Thugs and Brutal Vigilante Justice

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Quote EGF, re Spk FSF, ISR p618, Jan 1910—————

Hellraisers Journal – Sunday May 12, 1912
San Diego, California – Weinstock Inquiry Proves Brutality of Vigilantes 

From the Spokane Industrial Worker of May 9, 1912:

INQUIRY STRIPS MASK FROM THUGS

GOVERNOR ORDERS INVESTIGATION OF SAN DIEGO
-INQUIRY REVEALS FRIGHTENED OFFICIALS
-MEN STILL ENTERING CITY.

[-by Stumpy]

San Diego FSF, Jail re Death of Hoey, Cmg Ntn p13, May 4, 912

San Diego, Cal., April 22, 1912

To the “Worker”-The most notable event of the past week has been the taking of testimony in the Free Speech fight by commissioner, Mr. Harris Weinstock, appointed by Governor Johnson to come to San Diego to get the facts in regard to the complete abrogation of all laws by the police and vigilantes, and incidentally this investigation has been the means of showing as fine an example of unqualified heroism as the world has ever seen.

The governor has appointed the commissioner in response to requests from scores of people here and elsewhere who knew of the lawlessness that was being carried on here, and he had issued invitations to all who wished to come forth and testify regarding the methods of the police and the justification for the vigilantes.

It would seem that here was a chance for the lovers of “law and order” to come forth and prove what martyrs the people of San Diego had been, but with the exception of two police officials and two others, one of them a vigilante, there was no one in all the town who had the nerve to come forth and justify their actions.

The first of the “citizens” to come forth had been well loaded with whisky, and he wanted to know if the commissioner was going to take the word of a lot of “anarchists and ragamuffins who were there to make trouble.” He then wanted the commissioner to go somewhere to get the statements of “a thousand citizens who were willing to testify, but the room where the investigation was being held was no fit place for them to come.” His scheme failed, as the commissioner told him plainly that no star chamber proceedings would be held.

Detective Shepherd was also on the job, but was unable to hold it down for more than a few minutes. When he was asked one or two questions about taking men out to be slugged by the vigilantes his prompter at a side door said “Telephone message for Shepherd,” and that was the end of his talk.

But it was not the end of the record. Thomas Kilcullen and one of the other I. W. W. men at once took the stand and testified that Shepherd was telling a point blank lie in the very essence of his testimony. He had had the nerve to state that no men were beaten up and that no one was turned over to the vigilantes. But men were there to prove him to be an unqualified liar, and the proof went into the record next after Shepherd’s attempt at a whitewash.

The true heroes were seven men who had been driven from the town and clubbed, some of them to insensibility, and told that if they ever returned to San Diego they would be killed. Some of them had been driven out two or three times, some had been clubbed on the streets of rotten San Diego, all had been threatened with death if they ever returned, yet they were defying the most vicious gun men of the west to give their story of cruelty to the governor that there might be the evidence for him to give us a measure of justice and fair dealing in our fight.

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Hellraisers Journal: From the International Socialist Review: “The Shame of San Diego” by Hartwell S. Shippey, Part II

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Quote re San Diego FSF Fire Hose Emerson, LA TX p11, Mar 11, 1912—————

Hellraisers Journal – Saturday May 4, 1912
“The Shame of San Diego” by Hartwell S. Shippey, Part II

From the International Socialist Review of May 1912:

The Shame of San Diego

by HARTWELL S. SHIPPEY

[Part II of II]

San Diego FSF Fire Hose, ISR p718, May 1912

Up to and preceding March 14, the fight was the conventional free speech fight; but on that date (Sunday) the police took the initiative and ceased booking their prisoners, though the original captives who are charged with criminal conspiracy and jail breaking are still reposing behind the bars. (The “jail breaking” consisted of supposed smashing of jail windows by prisoners who were denied food and water and were compelled to drink from the toilet.) At a meeting held in front of the city jail, outside of the proscribed district, the fire department was called upon and three fire engines played powerful streams of water upon the speakers, knocking down Mrs. Emerson, Miss McKamey, Mrs. Wightman, a religious speaker, but a courageous and high-minded woman, Miss Ruth Wightman, 44 years of age, and overturning a baby carriage, the baby being swept into the gutter by the heavy stream of water.

Mrs. Ray Holden, an innocent by stander, was clubbed over the abdomen by a guardian of the “peace,” being unconscious for two hours following. When her husband called at the police station to investigate, he was locked up and a charge of sending in false fire-alarms was preferred against him.

Egged on by the violent and incendiary press, the local real estate dealers and other capitalists and members of the M. and M. formed themselves into vigilance committees and mob law was instituted. With the connivance and open aid of the police, bands of semi-disguised ruffians, appeared nightly at the police station, from whence, at the dead of night automobile loads of prisoners, industrial unionists, trades unionists in good standing, Socialists, and some with no affiliation, were carried from twenty to thirty miles into the hills and there beaten, clubbed, kicked while helpless on the ground and left with bloody heads and bruised bodies and with threats of death should they return. But return they did, to make affidavits of their persecutions.

[Martyr Michael Hoey]

March 28 died Michael Hoey, the first martyr of the San Diego battle. An old man, was Michael, but in perfect health, having walked 140 miles to the seat of war from Imperial Valley in the space of 5½ days. Kicked in the stomach and groin by a policeman, Hoey complained continually of pain in the swelling on his side but was laughed at by the official physician, Dr. Magee, until Hoey was removed from the jail and taken to Agnew Hospital by the Free Speech League, remaining there until his death. He was cared for by Dr. Leon De Ville, a Socialist, and a devoted soldier of the revolution.

[The Funeral of Michael Hoey]

The following Saturday, March 29, sorrowing fellow-battlers of Michael Hoey’s gathered on a vacant lot where, under the pitying smile of sunny California’s blue sky, they paid their last respects to the fallen hero of labor’s struggle. Waving sadly over his bier was the red flag, the emblem of brotherhood for which Michael Hoey had offered up his life. Not an insignia of violence and hatred, as conceived in the maggot-eaten brains of hired murderers and prostituted “journalists,” but a token of peace and love. And then-ah, well is this article entitled “The Shame of San Diego”-then Harvey Sheppard, a minion of armed and brutal violence, invaded the sanctity of their victim’s funeral and wrested the banner of brotherhood from the hands of the unresisting workingman who bore it, and placed the bearer under arrest! As I write all this I am seized with a feeling that the readers will deem that my story is an exaggeration. But the official organ of the trades-unionists, the Labor Leader, and the Weekly Herald, an independent, profit-making sheet, will fully verify my tale.

Vincent St. John, secretary-treasurer of the I. W. W., has published a reward of five thousand dollars for the conviction of those who were the cause of Hoey’s death.

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Hellraisers Journal: Michael Hoey, Martyr of San Diego Free Speech Fight, Funeral Oration by Laura Payne Emerson

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Quote Laura Payne Emerson Make This Hell a Heaven, Ind Pnr p12, Mar 1921—————

Hellraisers Journal –  Friday April 12, 1912
Farewell Tribute for Michael Hoey, Martyr of San Diego Free Speech Fight

From the Spokane Industrial Worker of April 11, 1912:

IWW San Diego FSF, Michael Hoey Martyr, IW p1, Apr 11, 1912

——-

MICHAEL HOEY–MARTYR

(By Laura Payne Emerson).

Fellow Workers: I count it an honor to be accorded the privilege of paying a tribute, on this occasion, to our martyred dead fellow-worker, Michael Hoey. He was a soldier in the war for industrial freedom. Early in life he joined the forces that were making for better conditions for his class, the working class, and to the day when he fell mortally wounded, and was carried from the field of battle, never did he falter.

It was in San Diego, Cal. A fight for free speech was on. An infamous ordinance had been passed by the common council denying the natural and constitutional right of free speech and public assembly to certain citizens. Many brave souls had undertaken to test the odious law by attempting to speak on the streets, and had met the policeman’s club and the jail. Among those on the fire line in that contest was Michael Hoey, a man sixty-three years of age. When told by a friend that he was too old to enlist in such a fight, and that he should leave it to younger and more vigorous men, he replied:

I have nothing to give but myself and life is not worth living
when all liberty is gone.

That night, amid a cheering crowd, his fine face appeared for a moment, while his voice was raised in a last appeal to his class to stand firm for human rights! Then!! Burly guardians of the law snatched him down, and with kicks and clubs, jail and starvation, silenced his voice forever.

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Hellraisers Journal: From the Appeal to Reason: Michael Hoey, Murdered by Jailers, Martyr of San Diego Free Speech Fight

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Quote EGF, re Spk FSF, ISR p618, Jan 1910—————

Hellraisers Journal – Tuesday April 9, 1912
San Diego, California – Fellow Worker Michael Hoey Murdered by Brutal Jailers

From the Appeal to Reason of April 6, 1912:

LABOR WAR IN WEST
———-

By Telegraph to the Appeal.

HdLn IWW San Diego FSF, Death of Michael Hoey, Sac Str p3, Mar 28, 1912
The Sacramento Star
March 28, 1912

San Diego, Cal., March 31.-Michael Hoey died at Agnes hospital Thursday as a result of being kicked in the stomach and groin while a prisoner. The coroner’s jury refused to allow attending physicians and witnesses to testify.

The police interfered with a monster funeral parade, arresting the standard bearers and confiscating a red flag. There is great public indignation.

Fred H. Moore, attorney for the Free Speech league, published a letter to the chief of police warning him that kidnaping, deporting, beating up and horrible brutality of unbooked men must cease. Many men have been beaten insensible in cells. Joseph F. Tierman, union reporter, was slugged. Automobiles are employed in the fight against the working men and men are beaten and kicked and left twenty-five miles in the hills.

Monster mass meeting was held by trade unionists, Socialists, Industrial Workers last night and speakers were madly cheered. Moore introduced resolutions to boycott merchants who assist the masters in the fight. Fifty thousand unemployed have left San Francisco to join in the fight. Two hundred and fifty dollars was collected at the mass meeting held at Labor Temple at Los Angeles. To the present the fight has cost the city $30,000. Judge Sloan presides over the superior court and prejudiced grand jurors are admitted, among them Adam Witcher, who advised beating the speakers with pick handles and the tarring and feathering of Industrial Workers. Judge Sloan admits the findings of this jury as right, although contrary to the rulings of the supreme court in a similar case. He admits this is not justice, but says it is law.

Prisoners in the city jail are denied food and water until forced to drink from the toilet. Stool pigeon of the capitalists destroyed jail property and charged the offense to free speech prisoners. Of this there is positive proof. 

The M. and M. association met in Grant hotel in December. Harrison Gray Otis being present, and decided to annihilate the Industrial Workers and Socialists in San Diego at all hazards.

The district attorney refuses to prosecute the police on the charge of murder, though backed by many affidavits. An effort will be made to have the superior court compel prosecution.

Two hundred men have just left Los Angeles for San Diego and more are coming later. A monster mass meeting will be held at Frisco labor temple tonight, some of the speakers being Fremont Adler [Fremont Older?], Austin Lewis, and J. E. Morgan. It is the first time in the history of the movement that Socialists, Industrial Workers and trade unionists are united, realizing their common cause against the effort to exterminate laborism on the coast. The capitalist press predicts conditions similar to those in England. Three hundred men, women and children have so far been arrested.

Funds are needed to carry on the fight, and should be sent to the treasurer of Free Speech League, San Diego, Cal.

H. S. SHIPPLEY

[Newsclip and emphasis added.]

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