Defense Attorney George Vanderveer hurried across the continent from Chicago to take up the legal battle for the eleven men who had been arrested and charged with the murder of Warren O. Grimm. The lumber interests had already selected six of their most trustworthy tools as prosecutors. It is not the purpose of the present writer to give a detailed story of this "trial"--possibly one of the greatest travesties on justice ever staged. This incident was a very important part of the Centralia conspiracy but a hasty sketch, such as might be portrayed in these pages, would be an inadequate presentation at best. It might be well, therefore, to permit Mr. Vanderveer to tell of the case as he told it to the jury in his opening and closing arguments. Details of the trial itself can be found in other booklets by more capable authors.
Vanderveer"s opening address appears in part below:
May it please the court and gentlemen of the jury:--As you have already sensed from our examination of you and from a question which I propounded to counsel at the close of his statement yesterday, the big question in this case is, who was the aggressor, who started the battle? Was it on the one side a deliberately planned murderous attack upon innocent marchers, or was it on the other side a deliberately planned wicked attack upon the I.W.W., which they merely resisted? That, I say, is the issue. I asked counsel what his position would be in order that you might know it, and that he said was his position, that he would stand and fall and be judged by it, and I say to you now that is our position, and we will stand or fall and be judged by that issue.
In order that you may properly understand this situation, and the things that led up to it, the motives underlying it, the manner in which it was planned and executed, I want to go just a little way back of the occurrence on November 11th, and state to you in rough outline the situation that existed in Centralia, the objects that were involved in this case, the things each are trying to accomplish and the way each went about it. There has been some effort on the part of the state to make it appear it is not an I.W.W. trial. I felt throughout that the I.W.W. issue must come into this case, and now that they have made their opening statement, I say unreservedly it is here in this case, not because we want to drag it in here, but because it can"t be left out. To conceal from you gentlemen that it is an I.W.W. issue would be merely to conceal the truth from you and we, on our part, don"t want to do that now or at any time hereafter.
The I.W.W. is at the bottom of this. Not as an aggressor, however. It is a labor organization, organized in Chicago in 1905, and it is because of the philosophy for which it stands and because of certain tactics which it evolves that this thing arose.
[Ill.u.s.tration: James McInerney
Logger. Born in County Claire, Ireland. Joined the Industrial Workers of the World in 1916. Was wounded on the steamer "Verona" when the lumber trust tried to exterminate the union lumberworkers with bullets at Everett, Washington. McInerney was one of those trapped in the hall. He surrendered to officers of the law. While in the city jail his neck was worn raw with a hangman"s rope in an effort to make him "confess" that the loggers and not the mob had started the trouble. McInerney told them to "go to h.e.l.l." He is Irish and an I.W.W. and proud of being both.]
A Labor Movement on Trial
The I.W.W. is the representative in this country of the labor movement of the rest of the world It is the representative in the United States of the idea that capitalism is wrong: that no man has a right, moral or otherwise, to exploit his fellow men, the idea that our industrial efforts should be conducted not for the profits of any individual but should be conducted for social service, for social welfare. So the I.W.W. says first, that the wage system is wrong and that it means to abolish that wage system. It says that it intends to do this, not by political action, not by balloting, but by organization on the industrial or economical field, precisely as employers, precisely as capital is organized on the basis of the industry, not on the basis of the tool. The I.W.W. says industrial evolution has progressed to that point there the tool no longer enforces craftsmanship. In the place of a half dozen or dozen who were employed, each a skilled artisan, employed to do the work, you have a machine process to do that work and it resulted in the organization of the industry on an industrial basis. You have the oil industry, controlled by the Standard Oil; you have the lumber industry, controlled by the Lumbermen"s a.s.sociation of the South and West, and you have the steel and copper industry, all organized on an industrial basis resulting in a fusing, or corporation, or trust of a lot of former owners. Now the I.W.W.
say if they are to compete with our employers, we must compete with our employers as an organization, and as they are organized so we must protect our organization, as they protect themselves. And so they propose to organize into industrial unions; the steel workers and the coal miners, and the transportation workers each into its own industrial unit.
This plan of organization is extremely distasteful to the employers because it is efficient; because it means a new order, a new system in the labor world in this country. The meaning of this can be gathered, in some measure, from the recent experiences in the steel strike of this country, where they acted as an industrial unit; from the recent experiences in the coal mining industry, where they acted as an industrial unit. Instead of having two or three dozen other crafts, each working separately, they acted as an industrial unit. When the strike occurred it paralyzed industry and forced concessions to the demands of the workers. That is the first thing the I.W.W. stands for and in some measure and in part explains the att.i.tude capital has taken all over the country towards it.
In the next place it says that labor should organize on the basis of some fundamental principle; and labor should organize for something more than a mere bartering and d.i.c.kering for fifty cents a day or for some shorter time, something of that sort. It says that the system is fundamentally wrong and must be fundamentally changed before you can look for some improvement. Its philosophy is based upon government statistics which show that in a few years in this country our important industries have crept into more than two-thirds of our entire wealth. Seventy-five per cent of the workers in the basic industry are unable to send their children to school. Seventy-one per cent of the heads of the families in our basic industries are unable to provide a decent living for their families without the a.s.sistance of the other members. Twenty-nine per cent of our laborers are able to live up to the myth that he is the head of the family. The results of these evils are manifold. Our people are not being raised in decent vicinities. They are not being raised and educated. Their health is not being cared for; their morals are not being cared for. I will show you that in certain of our industries where the wages are low and the hours are long, that the children of the working people die at the rate of 300 to 350 per thousand inhabitants under the age of one year because of their undernourishment, lack of proper housing and lack of proper medical attention and because the mothers of these children before they are born and when the children are being carried in the mother"s womb that they are compelled to go into the industries and work and work and work, and before the child can receive proper nourishment the mother is compelled to go back into the industry and work again. The I.W.W."s say there must be a fundamental change and that fundamental change must be in the line of reorganization of industry, for public service, so that the purpose shall be that we will work to live and not merely live to work.
Work for service rather than work for profit.
[Ill.u.s.tration: James McInerney
(After he had undergone the "Third degree".)
McInerney had a rope around his neck nearly all night before this picture was taken. One end of the rope had been pulled taut over a beam by his tormentors. McInerney had told them to "go to h.e.l.l." "It"s no use trying to get anything out of a man like that," was the final decision of the inquisitors.]
To Kill an Ideal...
Some time in September, counsel told you, the I.W.W., holding these beliefs, opened a hall in Centralia. Back of that hall was a living room, where Britt Smith lived, kept his clothes and belongings and made his home. From then on the I.W.W. conducted a regular propaganda meeting every Sat.u.r.day night. These propaganda meetings were given over to a discussion of these industrial problems and beliefs. From that district there were dispatched into nearby lumber camps and wherever there were working people to whom to carry this message--there were dispatched organizers who went out, made the talks in the camps briefly and sought to organize them into this union, at least to teach them the philosophy of this labor movement.
Because that propaganda is fatal to those who live by other people"s work, who live by the profits they wring from labor, it excited intense opposition on the part of employers and business people of Centralia and about the time this hall was opened we will show you that people from Seattle, where they maintain their headquarters for these labor fights, came into Centralia and held meetings. I don"t know what they call this new thing they were seeking to organize--it is in fact a branch of the Merchants" and Manufacturers" a.s.sociation of the United States, a national organization whose sole purpose is to fight and crush and beat labor. It was in no sense a local movement because it started in Seattle and it was organized by people from Seattle, and the purpose was to organize in Centralia an organization of business men to combat this new labor philosophy. Whether in the mouths of the I.W.W., or Nonpartisan League, or the Socialists, it did not make any difference; to brand anybody as a traitor, un-American, who sought to tell the truth about our industrial conditions.
The Two Raids
In the fall of 1918, the I.W.W. had a hall two blocks and a half from this hall, at the corner of First and B streets. There was a Red Cross parade, and that hall was wrecked, just as was this hall. These profiteering gentlemen never overlook an opportunity to capitalize on a patriotic event, and so they capitalized the Red Cross parade that day just as they capitalized the Armistice Day parade on November 11, and in exactly the same way as on November 11.
And that day, when the tail-end of the parade of the Red Cross pa.s.sed the main avenue, it broke off and went a block out of its way and attacked the I.W.W. hall, a good two-story building. And they broke it into splinters.
The furniture, records, the literature that belongs to these boys, everything was taken out into the street and burned.
[Ill.u.s.tration: O. C. Bland
Logger. American. Resident of Centralia for a number of years. Has worked in woods and mills practically all his life. Has a wife and seven children. Bland was in the Arnold hotel at the time of the raid. He was armed but had cut his hand on broken gla.s.s before he had a chance to shoot. Since his arrest and conviction his family has undergone severe hardships. The defense is making an effort to raise enough funds to keep the helpless wives and children of the convicted men in the comforts of life.]
Now, what was contemplated on Armistice Day? The I.W.W. did as you would do; it judged from experience.
Patience No Longer a Virtue
When the paraders smashed the door in, the I.W.W."s, as every lover of free speech and every respecter of his person--they had appealed to the citizens, they had appealed to the officers, and some of their members had been tarred and feathered, beaten up and hung--they said in thought: "Patience has ceased to be a virtue." And if the law will not protect us, and the people won"t protect us, we will protect ourselves. And they did.
And in deciding this case, I want each of you, members of the jury, to ask yourself what would you have done?
There had been discussions of this character in the I.W.W. hall, and so have there been discussions everywhere. There had never been a plot laid to murder anybody, nor to shoot anybody in any parade. I want you to ask yourself: "Why would anybody want to shoot anybody in a parade," and to particularly ask yourself why anyone would want to shoot upon soldiers?
He who was a soldier himself, Wesley Everest, the man who did most of the shooting, and the man whom they beat until he was unconscious and whom they grabbed from the street and put a rope around his neck, the man whom they nearly shot to pieces, and the man whom they hung, once dropping him ten feet, and when what didn"t kill him lengthened the rope to 15 feet and dropped him again--why would one soldier want to kill another soldier, or soldiers, who had never done him nor his fellows any harm?
I exonerate the American Legion as an organization of the responsibility of this. For I say they didn"t know about it. The day will come when they will realize that they have been mere catspaws in the hands of the Centralia commercial interests. That is the story. I don"t know what the verdict will be today, but the verdict ten years hence will be the verdict in the Lovejoy case; that these men were within their rights and that they fought for a cause, that these men fought for liberty. They fought for these things for which we stand and for which all true lovers of liberty stand, and those who smashed them up are the real enemies of our country.
This is a big case, counsel says, the biggest case that has ever been tried in this country, but the biggest thing about these big things is from beginning to end it has been a struggle on the one side for ideals and on the other side to suppress those ideals. This thing was started with Hubbard at its head. It is being started today with Hubbard at its head in this courtroom, and I don"t believe you will fall for it.
Vanderveer"s Closing Argument
There are only two real issues in this case. One is the question: Who was the aggressor in the Armistice Day affray? The other is: Was Eugene Barnett in the Avalon hotel window when that affray occurred?
We have proven by unimpeachable witnesses that there was a raid on the I.W.W. hall in Centralia on November 11--a raid, in which the business interests of the city used members of the American Legion as catspaws. We have shown that Warren O. Grimm, for the killing of whom these defendants are on trial, actually took park in that raid, and was in the very doorway of the hall when the attack was made, despite the attempts of the prosecution to place Grimm 100 feet away when he was shot.
We have proven a complete alibi for Eugene Barnett through unshaken and undisputable witnesses. He was not in the Avalon hotel during the riot; he was in the Roderick hotel lobby; he had no gun and he took no part in the shooting.
In my opening statement, I said I would stand or fall on the issue of: Who was the aggressor on Armistice Day? I have stood by that promise, and stand by it now.
Mr. Abel, specially hired prosecutor in this trial, made the same promise.