If there were justice, the recompense to be exacted from our oppressors would be absolute. After leading a 1500-person Salt Lake City protest in defense of Joe Hill, wobbly organizer and I.W.W. Local 69 President Robert J. Horton was standing after midnight on a downtown corner talking with comrades when ‘Major’ Myton, “ex-U.S. marshal, ex-deputy sheriff, ex-Indian agent, and an extra-bad gunman,” recognized Horton as a former charge of his in the local jail. Words were exchanged and minutes later comrade Horton lay dead on the sidewalk with three bullets in him. An outraged working class saw to it that ‘Major’ Myton, a respectable member of St. Lake City society, was arrested. Entirely predictable, several weeks later he was acquitted ‘by a jury of his peers’ of all charges.

‘The Horton Outrage’ from Solidarity. Vol. 6 No. 306. November 18, 1915.

The capitalistic courts have just furnished another convincing illustration of the unjust administration of the law. For a long time the impression has been growing among the people that there is one law for the rich and influential and quite a different law for the poor and powerless. For lack of solidarity the wage-slaves of this country are indeed powerless, but workingmen have only themselves to blame for refusing to be the most powerful force on the face of the earth.

On Saturday night, October 30, 1915, in Salt Lake City, Utah, occurred one of the most brutal murders of recent years. The victim, Ray J. Horton, was an ardent exponent of the doctrine of class-consciousness, a much feared opponent of legalized thuggery, and widely known throughout the country for his advanced stand on present-day industrial problems. The murderer, Major Myton, was an ex-U.S. marshal, ex-deputy sheriff, ex-Indian agent, and an extra-bad gunman. But the murderer “stood in” with the powers that be, while his victim not only had no “pull” with the authorities but was regarded by the paid retainers of capital as a menace to the peaceable pursuit of profit by the plunderers of the people.

To be shot down like a dog for an honest difference of opinion. Is that what we must continue to expect when we differ from our capitalist masters in our view of the industrial conflict? And if Horton may be shot down without protest, what shall the rest of us hope for when it shall serve capital to spill our blood? Had Horton shot and killed Myton who would be the hero then, who the martyr? Today Myton, the murderer, walks the public streets and receives the congratulations of the hero-worshiping masterclass, while Horton’s body mingles with the dust and Horton’s friends fear even to lift their voices in humble protest against this most brazen outrage.

Of course, Myton was placed under arrest–but not for long. The police were his friends, the prosecuting officers were his friends, the influential people of the city were his friends. So, for a few days Myton must be patient with his friends who must keep him in jail for a little while–a very little while. But they would make it easy for him, and as pleasant as possible. The, would dine him at his club (accompanied by a friendly officer of the law), they would abundantly supply him with his favorite brand of choice cigars, and they would see that moderate tail would soon be provided while the lawyers and judges straightened out the “red tape” for sake of form. And they did themselves proud in their ministration to the comfort and well-being of their noble friend. But the cry of Horton’s blood is little heard.

However, some effort was made to give Myton his just deserts-but not by strong and powerful. A few of Horton’s friends enlisted the services of Attorney E.D. MacDougall, of Salt Lake City, to assist in the prosecution. At the first conference in the county attorney’s office he found five witnesses ready to testify for the state-and very ready and willing they were, indeed. They had been coached by the attorney for the accused and by him sent to the county attorney’s office as volunteer witnesses for the state. It is needless to say that MacDougall soon got rid of them. Then, in company with an official of his own choice from the county attorney’s office, MacDougall scoured the city for witnesses for the state upon whose testimony the murderer might be held to answer a serious, trial. And abundant evidence was secured and produced before the committing magistrate all in vain.

The preliminary examination began Friday morning, November 5, 1915, and the hearing continued three days. It was not the pleasant half-hour My ton had been looking forward for. He was somewhat alarmed but needlessly so, for the “judge” was also a friend.

It appeared at the hearing that Horton and a few friends were standing on West Second South street Saturday night talking about the November election that was close at hand. Myton stood, eavesdropping, a few feet distant. The conversation turned to the subject of police interference in industrial troubles, and Horton made a remark about the police which evidently angered Myton. Myton then addressed a remark to Horton which the bystanders did not catch. Horton then said to Myton, “Yes, that’s for you, too.” One witness testified that at that juncture Myton’s arms stiffened, as if to hit Horton, but he turned away with the words, “I’ll kill you for that,” and went up to his room in the adjoining building. Other witnesses testified that at the police station shortly after the murder had been committed Myton stated to newspaper reporters that he went up to his room and got his gun after Horton had said, “That’s for you, too,” and came down again to where Horton was standing. Other witnesses testified that when Myton returned with his gun Horton told him to put up his gun–that if he didn’t he would “smash” him. Thereupon the two men scuffled, and Myton fired three shots at Horton. The first shot made a flesh. wound in Horton’s left arm. Horton then turned and started to run away, when Myton fired the second shot which took effect in Horton’s left shoulder. Horton was still trying to get away when Myton fired the fatal shot which passed through Horton’s left shoulder-blade and severed the aorta and came out at the right chest.

But the committing magistrate conveniently failed to remember that his jurisdiction was not to try the case and determine the guilt or innocence of the accused, but merely to determine whether a crime had been committed and whether there was probable cause to believe that the accused, was the man who committed the crime. But the murder charge was ordered dismissed and Myton was held on $3500 bond to answer a charge of voluntary manslaughter, the extreme punishment for which is not more than 10 years in the penitentiary. The question now is: Will the working-class permit this cold-blooded murder of a loyal comrade to go unavenged. Unless a vigorous prosecution of the voluntary manslaughter charge is made in the District Court in January of the coming year this bloodthirsty hireling of the master-class will go scot-free. The district attorney is a hide-bound Republican. He will appear on the surface of things to make a serious prosecution, but unless the working-class has a representative on the job to see that the prosecution is not, in fact, a farce, Myton will go free, and the liberty of the common workingman and even his life will be in greater jeopardy than ever before.

(Signed) ED. ROWAN. Sec’y Local 69, I.W.W., Salt Lake City, Utah.

The most widely read of I.W.W. newspapers, Solidarity was published by the Industrial Workers of the World from 1909 until 1917. First produced in New Castle, Pennsylvania, and born during the McKees Rocks strike, Solidarity later moved to Cleveland, Ohio until 1917 then spent its last months in Chicago. With a circulation of around 12,000 and a readership many times that, Solidarity was instrumental in defining the Wobbly world-view at the height of their influence in the working class. It was edited over its life by A.M. Stirton, H.A. Goff, Ben H. Williams, Ralph Chaplin who also provided much of the paper’s color, and others. Like nearly all the left press it fell victim to federal repression in 1917.

PDF of full issue: https://www.marxists.org/history/usa/pubs/solidarity-iww/1915/v06-w306-nov-18-1915-solidarity-joe-hill.pdf