"It started in with rather small meetings," said the witness, "and then every time, as fast as they were molested by the police, the crowd kept growing until at last the meetings were between two and three thousand people."
The witness said he had read considerable about industrial unionism, and tho he was shocked at first he had come to believe in it.
"Until now you are satisfied that their doctrines taken as a whole are proper and should be promulgated and adopted by the working cla.s.s?"
inquired Cooley.
"In this way," answered O"Niel, "it was not the I. W. W. literature that convinced me so much as the actions of the side that was fighting them."
"That is, you believe they were right because of the actions of the people on the other side?" said Cooley.
"Yes," responded the witness, "because I think there are only two people interested in this movement, the people carrying on the propaganda and the people fighting the propaganda, and I saw the people who were fighting the propaganda use direct action, sabotage, and every power, political and industrial, they used it all to whip this organization, and then I asked myself why are they fighting this organization. And the more deeply I became interested, the more clearly I saw why they were doing it, and that made me a believer in the I. W. W."
Mrs. Louise McGuire followed this witness with testimony about injuries she had received thru the rough treatment accorded her by citizen deputies engaged in breaking up a street meeting.
W. H. Clay, Everett"s Commissioner of Finance, was brought on the stand to testify that he was present and active at the conference that resulted in the formation of the citizen deputies.
John Berg then related his experiences at the time he was taken to the outskirts of Everett and deported after McRae had kicked him in the groin until a serious injury resulted. Owing to the fact that the jury was a mixed one Berg was not permitted to exhibit the rupture. This witness also told his experience on the "Wanderer" and his treatment in the jail upon his arrest.
Oscar Lindstrom then took the stand and corroborated the stories of the witnesses who had testified about the shooting up of the "Wanderer" and the beating and jailing of its pa.s.sengers. H. Sokol, better known as "Happy," also told of his experience on the "Wanderer" and gave the facts of the deportation that had taken place on August 23rd.
Irving W. Ziegaus, secretary to Governor Lister, testified that the letter concerning Everett sent from the Seattle I. W. W. had been received; Steven M. Fowler identified certain telegrams sent from Everett to Seattle officials by David Clough on November 5th; after which Chester Micklin, who had been jailed in Everett following the tragedy, corroborated parts of the story of Louis Skaroff.
The evidence of state"s witness, Clyde Gibbons, was shattered at this stage of the trial by the placing of Mrs. Lawrence MacArthur on the stand. This witness, the proprietor of the Merchants Hotel in Everett, produced the hotel register for November 4th and showed that Mrs.
Frennette had registered at that time and was in the city when Gibbons claimed she was holding a conversation in an apartment house on Yesler Way in Seattle.
The defense found it necessary to call witnesses who logically should have been brought forward by the prosecution on their side of the case.
Among these was the famous "Governor" Clough, citizen deputy and open shop mill owner. David Clough unwillingly testified to having been present at the deportation of twenty-two I. W. W. members on August 23rd, having gone down to the dock at 8:30 that morning, and also to his interest in Joseph Schofield, the deputy who had been injured by his brother outlaws on the dock just before the Beverly Park deportations.
Mahler and Micklin were recalled for some few additional questions, and were followed on the stand by Herman Storm, who gave testimony about the brutal treatment received by himself and his fellow pa.s.sengers on the launch "Wanderer." John Hainey and Joseph Reaume also gave details of this outrage.
"Sergeant" J. J. Keenan, who had become a familiar figure because of his "police" duty in the outer court corridor from the inception of the trial, then took the witness stand and recounted his experiences at Snohomish and Maltby, his every word carrying conviction that the sheriff and his deputies had acted with the utmost brutality in spite of the advanced age of their victim. John Patterson and Tom Thornton corroborated Keenan"s testimony.
A surprise was sprung upon the prosecution at this juncture by the introduction on the witness stand of George Kannow, a man who had been a deputy sheriff in Everett and who had been present when many of the brutalities were going on. He told of the treatment of Berg after the "Wanderer" arrests.
"He was struck and beaten and thrown down and knocked heavily against the steel sides of the tank, his head striking on a large projecting lock. He was kicked by McRae and he hollered "My G.o.d, you are killing me," and McRae said he didn"t give a d.a.m.n whether he died or not, and kicked him again and then shoved him into the tank."
The gauntlet at the county jail was described in detail and the spirit of the free speech fighters was shown by this testimony:
"Yes, I heard some of them groan. They all took their medicine well, tho. They didn"t holler out but some of them would groan; some of them would go down pretty near to their knees and then get up, then they would get sapped again as they got up. But they never made any real outcries."
The witness stated that "Governor" Clough was a regular attendant at the deportation parties and so also were W. R. Booth, Ed Hawes, T. W.
Anguish, Bill Pabst, Ed Seivers, and Will Taft. He described McRae"s drunken condition and told of drunken midnight revels held in the county jail. His testimony was unshaken on cross-examination.
Mrs. Fern Grant, owner of the Western Hotel and Grant"s Cafe, testified that Mrs. Frennette was in her place of business in Everett on the morning of the tragedy, thus adding to the evidence that Clyde Gibbons had perjured himself in testifying for the prosecution.
A party of Christian Scientists, who had attended a lecture in Everett by Bliss Knapp, told of the frightful condition of the eight men who had taken the interurban train to Seattle following their experience at Beverly Park. Mrs. Lou Vee Siegfried, Christian Science pract.i.tioner, Thorwald Siegfried, prominent Seattle lawyer, Mrs. Anna Tenelli and Miss Dorothy Jordan were corroborated in their testimony by Ira Bellows, conductor on the interurban car that took the wounded men to Seattle.
Another break in the regular order of the trial was made at this point by the placing on the stand of Nicholas Conaieff, member of the I. W.
W., who was to leave on the following day with a party of Russians returning to their birthplace to take part in the revolution then in progress. Conaieff stated that the first shot came from the dock. His realistic story of the conditions on the Verona moved many in the courtroom to tears. In his description Conaieff said:
"I was wounded myself. But before I was wounded and as we were lying there three or four deep I saw a wounded man at my feet in a pool of blood. Then I saw a man with his face up, and he was badly wounded, probably he was dead. There were three or four wounded men alongside of me. The conditions were so terrible that it was hard to control one"s self, and a young boy who was in one pile could not control himself any longer; he was about twenty years old and had on a brown, short, heavy coat, and he looked terrified and jumped up and went overboard into the water and I didn"t see him any more."
Mrs. Edith Frennette testified to her movements on the day of the tragedy and denied the alleged threats to Sheriff McRae. Lengthy cross-examination failed to shake her story.
Members of the I. W. W. who had been injured at Beverly Park then testified. They were Edward Schwartz, Harry Hubbard, Archie Collins, C.
H. Rice, John Downs, one of the defendants, Sam Rovinson and Henry Krieg. Any doubt as to the truth of their story was dispelled by the testimony of Mrs. Ruby Ketchum, her husband Roy Ketchum, and her brother-in-law Lew Ketchum, all three of whom heard the screams of the victims and witnessed part of the slugging near their home at Beverly Park. Some members of the investigation committee who viewed the scene on the morning after the outrage gave their evidence as to the finding of bits of clothing, soles of shoes, bloodstained hats and loose hat-bands, and blotches of blood on the paved roadway and cattle guard.
These witnesses were three ministers of the gospel of different denominations, Elbert E. Flint, Joseph P. Marlatt, and Oscar H. McGill.
The last named witness also told of having interviewed Herbert Mahler, secretary of the I. W. W. in Seattle, following a conference with Everett citizens, with the object of having a large public demonstration in Everett to expose the Beverly Park affair and to prevent its repet.i.tion. It was after this interview that the call went out for the I. W. W. to hold a public meeting in Everett on Sunday, November 5th.
Mahler was recalled to the stand to verify McGill"s statement in the matter of the interview.
This testimony brought the case up to the events of November 5th and the defense, having proven each illegal action of the sheriff, deputies and mill owners, and disproven the accusations against the I. W. W., proceeded to open to the gaze of the public and force to the attention of the jury the actual facts concerning the ma.s.sacre on the Verona.
An important witness was Charles Miller, who viewed the tragedy from a point about four hundred feet from the Verona while on the deck of his fishing boat, the "Scout." He stated that the Verona tilted as soon as the first shots came. Miller placed the model of the boat at the same relative position it had occupied as the firing started on b.l.o.o.d.y Sunday and the prosecution could not tangle up this witness on this important point. The "identification" witnesses of the prosecution were of necessity liars if the stern of the Verona was at the angle set by Miller.
C. M. Steele, owner of apartment houses and stores in Everett, stated that he had been in a group who saw an automobile load of guns transported to the dock prior to the docking of the Verona, this auto being closely followed by a string of other machines. The witness tried to get upon the dock but was prevented by deputies who had a rope stretched clear across the entrance near the office of the American Tug Boat Company. He saw the boat tilt as the firing started and noticed that the stern swung out at the time. This testimony was demonstrated with the model. Harry Young, chauffeur, corroborated this testimony and told of rifle fire from the dock.
Mrs. Mabel Thomas, from a position on Johnson"s float quite near the Verona, told of the boat listing until the lower deck was under water, almost immediately after the firing started. Mrs. Thomas testified that "one man who was facing toward the Improvement Dock, raised his hands and fell overboard from the hurricane deck as tho he were dead. His overcoat held him to the top of the water for a moment and then he went down. One jumped from the stern and then there were six or seven in the water. One got up thru the canvas and crawled back in. One man that fell in held up his hands for a moment and sank. There were bullets. .h.i.tting all around him."
Mr. Carroll Thomas, husband of the preceding witness, gave the same testimony about the men in the water and stated that he saw armed men on the Improvement Dock.
The testimony of Ayrold D. Skinner, a barber in Everett at the time of the tragedy and who had been brought from California to testify, was bitterly attacked by Veitch but to no avail. When the Verona landed Skinner was so situated as to command a view of the whole proceedings.
He told of the boat listing, the men falling in the water and being shot, and his testimony about a man on board the tug "Edison" firing a rifle directly across the open s.p.a.ce on the dock in the direction of the Verona was unshakeable. This witness also testified that about ten deputies with rifles were running back and forth in a frightened manner and were firing from behind the Klatawa slip. The witness saw d.i.c.k Hembridge, superintendent of the Canyon Lumber Company, Carl Tyre, timekeeper, Percy Ames, the boom man, and a Dr. Hedges. The last two came up to where the witness was, each bearing a rifle. Skinner stated that he said to Ames, "Percy, what is the world coming to?" and Ames broke down as tho he felt something were wrong. Then Dr. Hedges came running up from where the boat was, he was white in the face, and he cried "Don"t go down there, boys; they are shooting wild, you don"t know where in h.e.l.l the shots are coming from."
Carl Ryan, night watchman of the Everett Shingle Company, N. C. Roberts, an Everett potter, Robert Thompson and Edward Thompson testified about the angle of the boat, as to rifles on the dock, the shooting from the tug "Edison" and from the Improvement Dock, in support of witnesses who had previously testified.
Alfred Freeman, I. W. W. member who was on the Verona, testified about the movements of those who made the trip to Everett and told of the conditions on the boat. His testimony, and that of numerous other I. W.
W. witnesses, disproved the charges of conspiracy.
I. W. McDonald, barber, John Josephson, lumber piler, and T. M. Johnson, hod carrier, all of Everett, stated that the shots from the boat did not come until after there had been considerable firing from the dock. These witnesses were among the thousands of citizens who overlooked the scene from the hillside by the Great Northern depot.
[Ill.u.s.tration: VERONA AT EVERETT DOCK.
under same tide condition as at time of Ma.s.sacre.]
On Wednesday, April 18th, the jury, accompanied by Judge Ronald, the attorneys for both sides, the defendant, Thomas Tracy, and the court stenographer, went in automobiles to Everett to inspect the various places mentioned in the court proceedings. The party stopped on the way to Everett to look over the scene of the Beverly Park outrages of October 30th. No one spoke to the jury but Judge Ronald, who pointed out the various features at the request of the attorneys in the background.
After visiting the corner of Hewitt and Wetmore Avenues, the party went to the city dock. Both warehouses were carefully examined, the bulletholes, tho badly whittled, being still in evidence. Bulletholes in the floor, clock-case, and in the walls still showed quite plainly that the firing from within the warehouse and waiting room had been wild.
Bullets imbedded in the Klatawa slip on the side toward the Bay also gave evidence of blind firing on the part of the deputies. In the floor of the dock, between the ship and the open s.p.a.ce near the waiting room, were several grooves made by bullets fired from the sh.o.r.e end of the dock. These marks indicated that the bullets had taken a course directly in line with the deputies who were in the front ranks as the Verona landed.
The party boarded the Verona and subjected the boat to a searching examination, discovering that the stairways, sides, and furnishings were riddled with shot holes. The pilot house, in particular, was found to have marks of revolver and high power rifle bullets, in addition to being closely marked with small shot holes, some of the buck-shot still being visible.
The captain swung the boat out to the same angle as it had been on November 5th, this being done at a time when it was computed that the tide would be relatively the same as on the date of the tragedy. Someone a.s.sumed the precise position at the cabin window that Tracy was alleged to have been in while firing. The jury members then took up the positions which the "identification witnesses" had marked on a diagram during their testimony. The man in the window was absolutely invisible!
A photograph was then taken from the point where "Honest" John Hogan claimed to have been when he saw Tracy firing and another view made by a second camera to show that the first photograph had been taken from the correct position. These were later introduced as evidence.
No testimony was taken in Everett but on the re-opening of court in Seattle next morning Frank A. Brown, life insurance solicitor, testified that McRae dropped his hand just before the first shot was fired from somewhere to the right of the sheriff. He also identified a Mr.
Thompson, engineer of the Clark-Nickerson mill, and a Mr. Scott, as being armed with guns having stocks. Mike Luney, shingle weaver, told of a fear-crazed deputy running from the dock with a bullethole in his ear and crying out that one of the deputies had shot him. Fred Bissinger, a boy of 17, told of the deputies breaking for cover as soon as they had fired a volley at the men on the boat. It was only after the heavy firing that he saw a man on the boat pull a revolver from his pocket and commence to shoot. He saw but two revolvers in action on the Verona.
One of the most dramatic and clinching blows for the defense was struck when there was introduced as a witness Fred Luke, who was a regular deputy sheriff and McRae"s right-hand man. Luke"s evidence of the various brutalities, given in a cold, matter-of-fact manner, was most convincing. He stated that the deputies wore white handkerchiefs around their necks so they would not be hammering each other. He contradicted McRae"s testimony about Beverly Park by stating positively that the sheriff had gone out in a five pa.s.senger car, and not in a roadster as was claimed, and that they had both remained there during the entire affair. He told how he had swung at the I. W. W. men with such force that his club had broken from its leather wrist thong and disappeared into the woods. When questioned about the use of clubs in dispersing street crowds at the I. W. W. meetings he said: