ain the
British courts and finally the British jurors, gave voice to the
doctrine that freedom of speech and liberty of the press may not be
invaded except insofar as that subject, that document, is accompanied
with acts; that you may not convict men for what they think; you may
convict men only for what they do. Freedom of discussion thru the press
and thru the public forum are the mainstay and the backbone of social
development and social evolution. Only in that way, thru freedom of
thought and freedom of discussion, may you fan the wheat from the chaff.

"Why, if this I. W. W. literature is all the State claims it is, why
doesn't the State act in the way the law says they should act, prefer
charges, arrest someone, bring the literature before a duly qualified
body, a court with jurisdiction, and try the matter out? The State has
not done that; the State will not do that; and we are in the position of
a man fighting in the dark, without knowledge of what character of
argument the State proposes to make.

"I do know that the name of Joe Hill is going to be paraded in front of
this jury. The I. W. W. song book dedicated to Joe Hill, with the
inscription 'Murdered by the authorities of the State of Utah, November
19th, 1915.' I cannot go into the conditions that surround that tragedy,
but I can call your attention to one or two things that bear upon the
question of the type of the man. Before he died, written in his cell on
the eve of the execution, was Joe Hill's last will:

My will is easy to decide,
For there is nothing to divide.
My kin don't need to fuss and moan--
Moss does not cling to a rolling stone.

My body? Ah, if I could choose,
I would to ashes it reduce,
And let the merry breezes blow
My dust to where some flowers grow.

Perhaps some fading flower then
Would come to life and bloom again.
This is my last and final will.
Good luck to all of you, JOE HILL.

"This is the type of man you are asked, because he was honored, because
some odd hundred thousand workers who suffer and who wander and who live
in the jungles of labor as he did, and because he wrote songs that they
understood, songs that because their songs, to judge as the author of
the songs and bring in a verdict against Tom Tracy. Mr. Cooley will
parade the songs one by one. Remember that behind any words he voices,
any thought he expresses, behind it all was a human soul