Its offices for the conduct of the county and city business are s.p.a.cious and well appointed. Its corridors are ample, and marble. The elevator service is of the best. But the courtrooms are stuffy little dens, illy ventilated, awkwardly placed, and with the poorest of acoustics. They seem especially designed to add to the depressing effect that invariably attends the administration of "law and order." The court of Judge Ronald, like many other courts in the land, is admirably designed for the bungling inefficiencies of "justice." Yet it was in this theater, thru the medium of the Everett trial, that the cla.s.s struggle was reproduced, sometimes in tragedy and sometimes in comedy.
To reach the greatest trial in the history of labor unionism, perhaps the greatest also in the number of defendants involved and the number of witnesses called, one had to ascend to the fourth floor of the court house and line up in the corridor under the watchful eyes of the I. W.
W. "police," C. R. Griffin and J. J. Keenan, appointed by the organization at the request of the court. There, unless one were a lawyer or a newspaper representative, it was necessary to wait in line for hours until the tiny courtroom was opened and the lucky hundred odd persons were admitted to the church-like benches of J. T. Ronald"s sanctum, where the case of State versus Tracy was on trial.
Directly in front of the benches, at the specially constructed press table, were seats provided for the representatives of daily, weekly and monthly publications whose policies ranged from the ultra conservative to the extreme radical. Here the various reporters were seen writing madly as some important point came up, then subsiding into temporary indifference, pa.s.sing notes, joking in whispers, drawing personal cartoons of the judge, jury, counsel, court functionaries and out-of-the-ordinary spectators,--the only officially recognized persons in the courtroom showing no signs of reverence for the legal priesthood and their mystic sacerdotalism.
Just ahead of the press table were the attorneys for the prosecution: Lloyd Black, a commonplace, uninspired, beardless youth as chief prosecutor; H. D. Cooley, a sleek, pusillanimous recipient of favors from the lumber barons, a fixture at the Commercial Club, and an also-ran deputy at the dock on November 5th, as next counsel in line; and A. L. Veitch, handsome in a gross sort of a way, full faced, sensual lipped, with heavy pouches beneath the eyes, a self-satisfied favorite of the M. & M., and withal the most able of the three who by virtue of polite fiction represented the state of Washington. From time to time in whispered conference with these worthy gentlemen was a tall, lean, grey, furtive-eyed individual who was none other than the redoubtable Californian detective, Malcolm McLaren.
At right angles to this array of prosecutors the counsel for the defense were seated, where they remained until the positions were reversed at the close of the prosecution"s case. Chief counsel Fred H. Moore, serious, yet with a winning smile occasionally chasing itself across his face and adding many humorous wrinkles to the tired-looking crow-feet at the corners of his eyes; next to him George F. Vanderveer, a strong personality whose lightning flashes of wit and sarcasm, marshalled to the aid of a merciless drive of questions, were augmented by a smile second only to Moore"s in its captivating quality; then E. C. Dailey, invaluable because of his knowledge of local conditions in Everett and personages connected with the case; and by his side, at times during the trial, was H. Sigmund, special counsel for Harry Feinberg.
Seated a little back, but in the same group, was a man of medium height, stocky built, slightly ruddy complexion, black hair, and twinkling blue eyes. He was to all appearances the most composed man in the courtroom.
A slight smile crept over his face, at times almost broadened into a laugh, and then died away. This was Thomas H. Tracy, on trial for murder in the first degree.
To the rear of the defendant and forming a deep contrast to the determined, square-jawed prisoner was the guard, a lean, hungry-looking deputy with high cheek bones, unusually sharp and long nose and a pair of moustachios that drooped down upon his chest, a wholly useless and most uncomfortable functionary who could scarce seat himself because of the heavy artillery scattered over his anatomy.
The court clerk, an absurdly dignified court bailiff, a special stenographer, and Sheriff McCullogh of Snohomish county, occupied the intervening s.p.a.ce to the pulpit from which Judge J. T. Ronald delivered his legal invocations.
The judge, a striking figure, over six feet in height and well proportioned, of rather friendly countenance and bearing in street dress, resembled nothing so much as a huge black owl when arrayed in his sacred "Mother Hubbard" gown, with tortoise-sh.e.l.l rimmed smoked gla.s.ses resting on his slightly aquiline nose and surmounting the heavy, closely trimmed, dark Vand.y.k.e beard.
To the right of the judge as he faced the audience was the witness chair, and across the whole of the corner of the room was a plat of the Everett City Dock and the adjacent waterfront, together with a smaller map showing part of the streets of the city. The plat was state"s exhibit "A." Below these maps on a tilted platform was a model of the same dock, with the two warehouses, waiting room, Klatawa Slip, and the steamer Verona, all built to scale. This was defendant"s exhibit "1."
Extending from these exhibits down the side of the railed enclosure, were seats for two extra jurors. The filling of this jury box from a long list of talesmen was the preliminary move to a trial in which the defendant was barely mentioned, and which involved the question of Labor"s right to organize, to a.s.semble peaceably, to speak freely, and to advocate a change in existing social arrangements. Capital was lined up in a fight against Labor. There was a direct reflection in the courts of the masters of the age-long, world-wide cla.s.s struggle.
The examination of talesmen occupied considerable time. Each individual was asked whether he had read any of the following papers: The Industrial Worker, The Socialist World, or the Pacific Coast Longsh.o.r.eman. The prosecution also inquired as to the prospective juror"s familiarity with the I. W. W. Song Book and the various works on Sabotage. Union affiliations were closely inquired into, and favorable mention of the right to organize brought a challenge from the state. The testing of the talesmen was no less severe on the part of the defense.
Fifty-one talesmen were disqualified, after long and severe legal battles, before a jury was finally secured from among the voters and property owners who alone were qualified to serve. The jury, as selected, was rather more intelligent than was to be expected when consideration is taken of the fact that any person who acknowledged having an impression, an opinion, or a conclusion regarding the merits of the case was automatically excused from service. Those who were chosen to sit on the case were:
Mrs. Mattie Fordran, wife of a steamfitter; Robert Harris, a rancher; Fred Corbs, bricklayer, once a member of the union, then working for himself; Mrs. Louise Raynor, wife of a master mariner; A. Peplan, farmer; Mrs. Clara Uhlman, wife of a harnessmaker in business for himself; Mrs. Alice Freeborn, widow of a druggist; F. M. Christian, tent and awning maker; Mrs. Sarah F. Brown, widow, working cla.s.s family; James R. Williams, machinist"s helper, member of union; Mrs. Sarah J.
Timmer, wife of a union lineman, and T. J. Byrne, contractor. The two alternate jurors, provided for under the "Extra Juror" law of Washington, pa.s.sed just prior to this trial, were: J. W. Efaw, furniture manufacturer, president of Seattle Library Board and Henry B. Williams, carpenter and member of a union.
Judge Ronald realized the importance of the case as was shown in his admonition to the jury, a portion of which follows:
"It is plain, from both sides here, that we are making history. Let us see that the record that we make in this case,--you and I, as a court,--be a landmark based upon nothing in the world but the truth. We may deceive some people and we may, a little, deceive ourselves; but we cannot deceive eternal truth."
On the morning of March 9th Judge Ronald, the tail of his black gown firmly in hand, swept into the courtroom from his private chambers, the a.s.sembled congregation arose and stood in deep obeisance before His Majesty The Law, the pompous bailiff rapped for order and delivered an incantation, the Judge seated himself on the throne of "Justice," the a.s.semblage subsided into their seats--and the trial was opened in earnest. Prosecuting Attorney Lloyd Black then gave his opening statement, the gist of which is contained in the following quotations:
"You are at the outset of a murder trial, murder in the first degree.
The defendant, Thomas H. Tracy, alias George Martin, is charged with murder in the first degree, in having a.s.sisted, counselled, aided, abetted and encouraged some unknown person to kill Jefferson Beard on the 5th of November, 1916.
"* * * As far as the state is concerned, no one knows or can know or could follow the course of the particular bullet that struck and mortally wounded and killed Jefferson Beard.
"* * * The evidence further will show that the first, or one of the first, shots fired was from the steamer Verona and was from a revolver held in the hand of Thomas H. Tracy.
"* * * As to the killing of Jefferson Beard itself the probabilities are, as the evidence of the state will indicate, that he was killed by someone on the hurricane deck of the Verona because the evidence will show that the revolver shots went thru his overcoat, missing his coat, and thru his vest, and had a downward course, so that it must have come from the upper deck. The evidence will show that Thomas H. Tracy was on the main deck firing thru an open cabin window.
"* * * Of the approximately 140 special and regular deputies of Snohomish County about one-half were armed, some with revolvers, some with rifles and some with clubs.
"* * * When the fusilade had come from the I. W. W."s on the Verona, a portion of the deputies ran thru a door into this warehouse, (indicating): a portion of them went into that warehouse, and used some of the knotholes there, and some shot holes thru which they could see, *
Black then gave a recital of the lumber trust version of the events leading up to November 5th, bringing in the threats of an alleged committee who were said to have declared "that they would call thousands of their members to the city of Everett, flood the jails, demand separate trials, and tie up and overwhelm the court machinery, and that the mayor should consider that they had beaten Spokane and killed its chief, killed Chief Sullivan of that city, that they had defeated Wenatchee and North Yakima, and now it was Everett"s turn."
"* * * That in furtherance of their threats that they would burn the city of Everett, that a number of mysterious fires took place, fires connected with some person who was opposed to the I. W. W. * * * And in addition, the I. W. W. members were arrested at different times preceding this trouble on the 5th of November and phosphorus was found upon their person either in cans or wrapped up.
"* * * At different times, the evidence will show, Sheriff Donald McRae and other peace officers of the city of Everett, including Mayor Merrill, received anonymous letters, and also received direct statements from the I. W. W. that they would get them; and, as one speaker put it, he says "Sheriff McRae will wake up some day and say ""Good morning, Jesus!""
Black continued his recital of events, admitting the "Wanderer"
incident, but he tried to sidestep the criminal actions at Beverly Park.
"Now, there happened at Beverly Park an incident that the State in this action doesn"t feel that it has anything to do with this particular cause."
Ironical laughter at this juncture caused the removal of several spectators from the courtroom. So disconcerted was Black that he proceeded to give away the real cause of action against the I. W. W.
"The I. W. W. organization itself is an unlawful conspiracy, an unlawful conspiracy in that it was designed for the purpose of effecting an absolute revolution in society and in government, effecting it not by the procedure of law thru the ballot, but for effecting it by direct action. The I. W. W. meant to accomplish the change in society, not by organization as the labor unions hope to get higher wages, not to get into effect their theory of society by the ballot, as the Socialists hope, but that they expressly state that the election of a Socialist president will accomplish no good, and that sabotage should be employed against government ownership as well as against private production, so that directly they might put into effect their theories of government and society."
The defense reserved the right to make their opening statement at the close of the prosecution"s case, thus leaving the state in the dark as to the line of defense, and forcing them to open their case at once.
Lester L. Beard and Chester L. Beard, twin sons of the deceased deputy sheriff, testified as to the condition of their father"s clothing, Attorney Vanderveer drawing from Lester Beard the admission that his father was an employment agent in Seattle in 1914.
Following them, Drs. William O"Keef c.o.x, H. P. Howard, and William P.
West testified to having performed an autopsy on Beard and described the course of the bullet upon entering the body. Dr. West was an armed guard at the land end of the City Dock on November 5th, Dr. c.o.x was also on the dock as a deputy, and Dr. Howard carried a membership in the Commercial Club. They were the physicians present when the autopsy was performed.
The next witness, Harry W. Shaw, a wood and coal dealer of Everett, admitted having joined the citizen deputies because of a call issued by the sheriff thru the Commercial Club. Shaw went to the dock on November 5th, carrying, as he claimed, a revolver with a broken firing pin which he had hoped to have repaired on that Sunday on the way to the dock. He was close to Beard when the latter fell and helped to carry him from the open s.p.a.ce on the dock into the warehouse. He afterward accompanied Beard to the hospital in an automobile and returned to the dock with Beard"s unfired revolver in his possession. He swore that he had seen McRae sober three times in succession! When asked by Attorney Moore he gave an affirmative answer to this pertinent question:
"You knew that the matter of the enforcement of the city ordinances of Everett was peculiarly within the powers of the police department of the city, didn"t you?"
Owen Clay was then called to the stand. Clay had been made bookkeeper of the Weyerhouser Mill about a year and a half before this, and had been given a membership in the Commercial Club at the time. He was injured in the right arm in the trouble at the dock and then ran around the corner of the ticket office, after which he emptied his revolver with his left hand. Attorney Vanderveer questioned this witness as follows:
"Who shot Jeff Beard in the right breast?"
"I don"t know."
"Did you do it?"
"I don"t know."
"Thank you! That"s all," said Vanderveer with a smile.
The next witness was C. A. Mitch.e.l.l, employee of the Clark-Nickerson Mill. He testified that he belonged to Company "B" under the command of Carl Clapp. His testimony placed Sheriff McRae in the same position as that given by the preceding witness, about eight to ten feet from the face of the dock in the center of the open s.p.a.ce between the two warehouses, but unlike Clay, who testified that McRae had his left hand in the air, he was positive that the sheriff had his right hand in the air at the time the shooting started.
W. R. Booth, engaged in real estate and insurance business, a member of the Commercial Club, and a deputy at the dock, was next called. Attorney Cooley asked this witness about the speech made at an unspecified street meeting. Vanderveer immediately objected as follows:
"We object to that as immaterial and calling for a conclusion of the witness. He does not know who was speaking, nor whether he was authorized to do it, or brought there by the Industrial Workers of the World, or a hireling of the Merchants" and Manufacturers" society. It has happened time and time again that people are employed by these capitalists themselves to go out and make incendiary speeches and cause trouble, and employed to go out and fire buildings and do anything to put the opposition in wrong."
When questioned about McRae"s position on the dock, Booth stated that the sheriff had both hands in the air. This witness admitted having been a member of the "Flying Squadron" and being a partic.i.p.ant in the outrage at Beverly Park. He named others who went out with him in the same automobile, Will Seivers and Harry Ramwell, and stated that A. P.
Bardson, clerk of the Commercial Club, was probably there as he had been out on all the other occasions. He said that he would not partic.i.p.ate in the beating up of anyone, and that when the affair started he went up the road for purposes of his own. He was asked by Vanderveer as to the reason for continuing to a.s.sociate with people who had abused the men at Beverly Park, to which he replied:
"Because I believe in at least trying to maintain law and order in our city."