"I used my sap as a club and struck them and drove them away with it."
"Why didn"t you use your hands and push them out?" asked Cooley.
"I didn"t think we had a right to use our hands," said the big ex-deputy.
"What do you mean by that?" said the surprised lawyer.
"Well," replied the witness, "what did they give us the saps for?"
Cooley also asked this witness why he had struck the men at Beverly Park.
"Well," replied the ex-deputy, "if you want to know, that was the idea of the Commercial Club. That was what they recommended."
Luke, who was a guard at the approach to the dock on November 5th, told of having explained the workings of a rifle to a deputy while the shooting was in progress. The state at first had contended that there were no rifles on the dock and later had made the half-hearted plea that none of the rifles which were proven to have been there were fired.
Following this important witness the defense introduced Fird Winkley, A.
E. Amiott, Dr. Guy N. Ford, Charles Leo, Ed Armstrong, mate of the Verona and a witness for the state, and B. R. Watson, to corroborate the already convincing evidence that the stern of the Verona was swung quite a distance from the dock.
Robert Mills, business agent of the Everett Shingle Weavers, who had been called to the stand on several occasions to testify to minor matters, was then recalled. He testified that it was his hand which protruded from the Verona cabin window in the photographs, and that his head was resting against the window jamb on the left hand side as far out as it would be possible to get without crawling out of the window.
As Mills was a familiar figure to the entire jury and was also possessed of a peculiarly unforgettable type of countenance, the state"s identification of Tracy was shown to have been false.
The Chief of Police of Seattle, Charles Beckingham, corroborated previous testimony by stating that the identification and selection of I. W. W. men had been made from a dark cell by two Pinkerton men, Smith and Reese, aided by one of the defendants, I. P. McDowell, alias Charles Adams.
Malcolm McLaren was then placed upon the stand and the admission secured that he was a detective and had formerly been connected with the Burns Agency. Objection was made to a question about the employment of McLaren in the case, to which Vanderveer replied that it was the purpose of the defense to prove that the case was not being prosecuted by the State of Washington at all. In the absence of the jury Vanderveer then offered to prove that McLaren had been brought from Los Angeles and retained in the employ of certain mill owners, among them being "Governor" Clough and Mr. Moody of the First National Bank, and that McLaren had charge of the work of procuring the evidence introduced by the state. He offered to prove that Veitch and Cooley were employed by the same people. The court sustained the objection of the state to the three offers.
Testimony on various phases of the case was then given by Mrs. Fannie Jordan, proprietor of an apartment house in Seattle, Nick Shugar, Henry Luce, Paul Blakenship, Charles W. Dean, and later on by Oliver Burnett.
Captain Chauncey Wiman was called to the stand, but it happened that he had gone into hiding so soon after the boat landed that he could testify to nothing of particular importance. From his appearance on the witness stand it seemed that he was still nearly scared to death.
Another surprise for the prosecution was then sprung by placing Joseph Schofield on the witness stand. Schofield told of having been beaten up at the city dock by Joseph Irving, during the time they were lining up the forty-one I. W. W. men for deportation. The witness displayed the scar on his head that had resulted from the wound made by the gun b.u.t.t, and described the drunken condition of McRae and other deputies on the occasion of his injury. And then he told that "Governor" Clough had gone to his wife just a couple of days before he took the witness stand and had given her $75.00. This deputy witness was on the dock November 5th, and he described the affair. He swore that McRae had his gun drawn before any shooting started, that there were rifles in use on the dock, that a man was firing a Winchester rifle from the tug Edison. He was handed a bolt action army rifle to use but made no use of it. Schofield voluntarily came from Oregon to testify for the defense.
Chief Beckingham resumed the stand and was asked further about McDowell, alias Adams. He said:
"We sent a man in with this man Adams, who was in constant fear that somebody might see him, and he would stand way back that he might tip this man with him and this man"s fingers came out to identify the I. W.
W. men who were supposed to have guns."
"What inducements were made to this man Adams?" asked Vanderveer.
"In the presence of Mr. Cooley and Mr. Webb and Captain Tennant and myself he was told that he could help the state and there would be no punishment given him. He was taken to Everett with the impression that he would be let out and taken care of."
Another ex-deputy, Fred Plymale, confirmed the statements of Fred Luke in regard to McRae"s use of a five pa.s.senger car at Beverly Park and showed that it was impossible for the sheriff to have attended a dance at the hour he had claimed. The efforts of the prosecution to shake the testimony that had been given by Fred Luke was shown by this witness who testified that he had been approached by Mr. Clifford Newton, as agent for Mr. Cooley, and that at an arranged conversation McRae had tried to have him state that the runabout had been used to go to the slugging party.
Walter Mulholland, an 18 year old boy, and Henry Krieg, both of whom were members of the I. W. W. and pa.s.sengers on the Verona, then testified in detail about the shattering gun fire and the wounding of men on board the boat. Mulholland told of wounds received, one bullet still being in his person at that time. Krieg, not being familiar with military terms, stated that there were many sh.e.l.ls on the deck of the Verona after the trouble, and the prosecution thought they had scored quite a point until re-direct examination brought out the fact that Henry meant the lead bullets that had been fired from the dock.
E. Carl Pearson, Snohomish County Treasurer, rather unwillingly corroborated the testimony of ex-deputies Luke and Plymale in regard to the actions of McRae at Beverly Park.
The witness chair seemed almost to swallow the next nine witnesses who were boys averaging about twelve years in age. These lads had picked up sh.e.l.ls on and beneath the dock to keep as mementos of the "Battle."
Handfuls of sh.e.l.ls of various sizes and description, from revolver, rifle and shotgun, intermingled with rifle clips and unfired copper-jacketed rifle cartridges, were piled upon the clerk"s desk as exhibits by these youthful witnesses. After the various sh.e.l.ls had been cla.s.sified by L. B. Knowlton, an expert in charge of ammunition sales for the Whiton Hardware Company of Seattle for six years, the boys were recalled to the stand to testify to the splintered condition of the warehouses, their evidence proving that a large number of shots had been fired from the interior of the warehouses directly thru the walls. The boys who testified were Jack Warren, Palmer Strand, Rollie Jackson, William Layton, Eugene Meives, Guy Warner, Tom Wolf, Harvey Peterson, and Roy Jensen. Veitch, by this time thoroly disgusted with the turn taken by the case, excused these witnesses without even a pretense of cross-examination.
Completely clinching this link in the evidence against the citizen deputies was the testimony of Miss Lillian Goldthorpe and her mother, Hannah Goldthorpe. Miss Goldthorpe, waitress in the Commercial Club dining room, picked up some rifle sh.e.l.ls that had fallen from the rifles stacked in the office, and also from the pocket of one of the hunting coats lying on the floor. She took these home to her mother who afterward turned them over to Attorney Moore. She also identified certain murderous looking blackjacks as being the same as those stored in the Club. It is hardly necessary to state that the open-shop advocates who continually prate about the "right of a person to work when and where they please" were not slow about taking away Lillian"s right to work at the Commercial Club after she had given this truthful testimony!
James Hadley, I. W. W. member on the Verona, told how he had dived overboard to escape the murderous fire and had been the only man in the water to regain a place on the boat.
"I saw two go overboard and I didn"t see them any more," said Hadley.
"Then I saw another man four feet from me and he seemed to be swimming all right, and all of a sudden he went down and I never saw him any more. I was looking right at him and he just closed his eyes and sank."
Mario Marino, an 18 year old member of the I. W. W., then told of the serious wounds he had received on the boat. He was followed by Brockman B. Armstrong, another member of the union, who was close to the rail on the port side of the boat. He saw a puff of smoke slightly to the rear of McRae directly after the sound of the first shot. A rifle bullet cut a piece out of his forehead and a second went thru his cap and creased his scalp, felling him to his knees. Owen Genty was shot thru the kidney on the one side of him, and Gust Turnquist was. .h.i.t in the knee on the other. As he lay in the heap of wounded men a buckshot buried itself in the side of his head near the temple. As the Verona was pulling out he tried to crawl to shelter and was just missed by a rifle bullet from the dock situated to the south.
Archie Collins, who had previously testified about Beverly Park, was then called to the stand to tell of the trip to Everett and the trouble that resulted. Prosecutor Black displayed his usual asininity by asking in regard to preparations made by Verona pa.s.sengers:
"What were they taking or not taking?"
"There might be two or three million things they were not taking," cut in Judge Ronald chidingly.
Black"s examination of the various witnesses was aptly described by Publicity Agent Charles Ashleigh in the Industrial Worker, as follows:
"His examinations usually act as a soporific; heads are observed nodding dully thruout the courtroom and one is led to wonder whether, if he were allowed to continue, there would not be a sort of fairy-tale scene in which the surprised visitor to the court would see audience, jury, lawyers, judge, prisoner and functionaries buried in deep slumber accompanied only by a species of hypnotic twittering which could be traced eventually to a dignified youth who was lulled to sleep by his own narcotic burblings but continued, mechanically, to utter the same question over and over again."
During this dreamy questioning Black asked about the men who were cleaning up the boat on its return trip, with a view to having the witness state that there were empty sh.e.l.ls all over the deck. His question was:
"Did you pick anything up from the floor?"
Instantly the courtroom was galvanized into life by Collin"s startling answer:
"I picked up an eye, a man"s eye."
The witness had lifted from the blood-stained deck a long splinter of wood on which was impaled a human eye!
The story of Fred Savery was typical of the unrecognized empire builders who make up the migratory cla.s.s. Fred was born in Russia, his folks moving to Austria and then migrating to Canada when the lad was but two years old. At the age of nine he started at farm work and at twelve he was big enough to handle logs and work in the woods. Savery took the stand in his uniform of slavery, red mackinaw shirt, stagged-off pants, caulked shoes, and a battered slouch hat in his hand. The honest simplicity of his halting French-Canadian speech carried more weight than the too smooth flowing tales told by the well drilled citizen deputies on whom the prosecution depended for conviction.
Cooley dwelt at great length on the constant travel of this witness, a feature incidental to the life of every migratory worker. Even the judge tired of these tactics and told the prosecution that there was no way to stop them from asking the interminable questions but it was merely a waste of time. But all of Cooley"s dilatory tactics could not erase from the minds of the listeners the simple, earnest, sincere story Fred Savery told of the death of his fellow worker, Hugo Gerlot.
Charles Ashleigh was then placed upon the witness stand to testify to having been selected as one of the speakers to go to Everett on November 5th. He stated that he had gone over on the Interurban and had returned that afternoon at four o"clock. After the prosecution had interrogated him about certain articles published subsequent to the tragedy Ashleigh was excused.
To impeach the testimony of William Kenneth, wharfinger at the City Dock, the defense then introduced Peter Aikken of Everett. Following this witness Owen Genty, one of the I. W. W. men wounded on the Verona, gave an account of the affair and stated that the first shot came from a point just to the rear of the sheriff.
Raymond Lee, a youth of 19 years, told of having gone to Everett on the day of the Beverly Park affair in order to mail free speech pamphlets directly to a number of Everett citizens. He went to the dock at the time of the deportation, getting past the deputies on a plea of wanting to see his uncle, his youth and neat appearance not being at all in accord with the current idea of what an I. W. W. member looked like. Lee was cross-questioned at great length by Veitch. This witness told the story of the death of Abraham Rabinowitz on the Verona in these few, simple words:
[Ill.u.s.tration: View of Beverly Park, showing County Road.]
"Rabinowitz was lying on top of me with his head on my leg. I felt my leg getting wet and I reached back to see what it was, and when I pulled my hand away it was covered with blood. He was shot in the back of the brain."
James McRoden, I. W. W. member who was on the Verona, gave corroborative testimony about the first shot having been from the dock.
James Francis Billings, one of the free speech prisoners, testified that he was armed with a Colts 41 revolver on the Verona, and shortly after the shooting started he went to the engineer of the boat and ordered him to get the Verona away from the dock. He threw the gun overboard on the return trip to Seattle. Black tried to make light of the serious injuries this witness had received at Beverly Park by asking him if all that he received was not a little brush on the shin. The witness answered:
"No sir. I had a black eye. I was beaten over both eyes as far as that is concerned. My arms were held out by one big man on either side and I was beaten on both sides. As Sheriff McRae went past me he said "Give it to him good," and when I saw what was coming I dropped in order to save my face, and the man on the left hand side kicked me from the middle of my back clear down to my heels, and he kept kicking me until the fellow on the right told him to kick me no more as I was all in. My back and my hip have bothered me ever since."