"The worst of these deputies are gone since the advent of sheriff McCullogh, but there are some on the job yet who like their "tea." About two weeks ago every deputy that came into the jail was drunk; some of them to the extent of staggering.
"When we first entered the jail, true to the principles of the I. W. W., we proceeded to organize ourselves for the betterment of our condition.
A "grub" committee, a sanitary committee and a floor committee were appointed. Certain rules and regulations were adopted. By the end of the week, instead of a growling, fighting crowd of men, such as one would expect to find where seventy-four men were thrown together, there was an orderly bunch of real I. W. W."s, who got up at a certain hour every morning, and all of whose actions were part of a prearranged routine.
Even tho every man of the seventy-four was talking as loudly as he could a few seconds before ten p. m., the instant the town clock struck ten all was hushed. If a sentence was unfinished, it remained unfinished until the following day.
"When the jailer came to the door, instead of seventy-four men crowding up and all trying to talk at once, three men stepped forward and conversed with him. Our conduct was astonishing to the jail officials.
One of the jailers remarked that he had certainly been given a wrong impression of the I. W. W. by McRae. He said, "this bunch is sure different from what I heard they were. You fellows are all right." The answer was simply: "Organization." Instead of a cursing, swearing, fighting mob of seventy-four men, such as sheriff McRae would like to have had us, we were entirely the opposite.
"Time has not hung heavy on our hands. One scarcely notices the length of the days. Educational meetings are frequent and discussions are constantly in order. Our imprisonment has been a matter of experience.
We will all be better able to talk Industrial Unionism than when we entered the jail.
"The meals! Did we say "meals?" A thousand pardons! Next time we meet a meal we will apologize to it. Up to the time we a.s.serted our displeasure at the stinking, indigestible messes thrown up to us by a drunken brute who could not qualify as head waiter in a "nickel plate" restaurant, we had garbage, pure and simple. Think of it! Mush, bread and coffee at 7:30 a. m., and not another bite until 4 p. m. Then they handed us a mess which some of us called "slumgullion," composed of diseased beef.
Is it any wonder that four of the boys were taken to the hospital? But we will not dwell on the grub. Suffice it to say we were all more or less sick from the junk dished out to us. We were all hungry from November 10th until January 22nd. One day in November we had beans.
Little did we surmise the pains, the agony contained in that dish of innocent looking nutriment, beans. At two in the morning every man in the jail was taken violently ill. We aroused the guards and they sent for a doctor. He came about eight hours later and looked disappointed upon learning that we were not dead. This doctor always had the same remedy in all cases. His prescription was, "Stop smoking and you will be all right." This is the same quack who helped beat up the forty-one members of the I. W. W. at Beverly Park on October 30th, 1916. His nerve must have failed him or his pills would have finished what his pickhandle had started.
"During the entire time of our confinement under McRae, drunken deputies came into the jail and did everything in their power to make conditions as miserable as possible for us. McRae was usually the leader in villification of the I. W. W.
"When on January 8th a change of administration took place, we called a meeting which resulted in an interview with Sheriff McCullogh. Among other things we demanded a cook. For days the sheriff stalled us off. He professed that he wanted to do things for our comfort. We gave him ample time--but there was no change in the conditions. On January 15th the matter came to a climax. For five days prior to this we had been served with what some called "mulligan." In reality it was nothing more or less than water slightly colored with the juice of carrots. If there had ever been any meat in it that meat was taken out before the mulligan was served. We called for the sheriff and were informed that he had gone away. We called for one of our attorneys who was in one of the outer offices at the time, but Jailer Bridges refused to let us see him.
Having tried peaceful methods without success, we decided to forcibly bring the matter to the attention of the authorities. We poured the contents of the container out thru the bars and onto the floor. The boys in the upper tank did the same thing. For doing this we were given a terrible cursing by Jailer Bridges and the drunken cook, the latter throwing a piece of iron thru the bars, striking one of the boys on the head, and inflicting a long, ugly wound. The cook also threatened to poison us.
"That night when we were to be locked in, one of our jailers, decidedly under the influence of liquor, was in such a condition that he was unable to handle the levers properly and in some manner put the locking system out of commission. After probably three quarters of an hour, during which all of us and every I. W. W. in the world were consigned to h.e.l.l many times, the doors were finally locked.
""By G.o.d, you s--s-of-b----s will wish you ate that stew," was the way in which the jailer said "good night" to us. The significance of his words was brought back to us next morning when the time came for us to be unlocked. We were left in our cells without food and with the water turned off so we could not even have a drink. We might have remained there for hours without toilet facilities had we not taken matters into our hands. With one accord we decided to get out of the cells. There was only one way to do this--"battleship!"
[Ill.u.s.tration: An all-I. W. W. crew raising a spar tree 160 ft. long, 22 inches at top and 54 inches at b.u.t.t, at Index, Wash.]
[Ill.u.s.tration: Another view of the same operation.]
"Battleship we did! Such a din had never before been heard in Everett.
Strong hands and shoulders were placed to the doors which gave up their hold on the locks as if they had been made of pasteboard, and we emerged into the recreation corridors. The lumber trust papers of Everett, which thought the events of November 5th and the murder of five workers but a picnic, next day reported that we had wrecked the jail and attempted to escape. We did do a little wrecking, but as far as trying to escape is concerned that is a huge joke. The jail has not been built that can hold seventy-four I. W. W. members if they want to escape. We had but decided to forcibly bring the jail conditions to the attention of the authorities and the citizens. We were not willing to die of hunger and thirst. We told Sheriff McCullogh we were not attempting to escape; he knew we were not. Yet the papers came out with an alleged interview in which the sheriff was made to say that we were. It was also said that tomato skins had been thrown against the walls of the jail. There were none to throw!
"Summing up this matter: we are here, and here we are determined to remain until we are freed. Not a man in this jail would accept his liberty if the doors were opened. This is proven by the fact that one man voluntarily came to the jail here and gave himself up, while still another was allowed his liberty but sent for the Everett authorities to come and get him while he was in Seattle. This last man was taken out of jail illegally while still under the charge of first degree murder, but he preferred to stand trial rather than to be made a party to schemes of framing up to perjure away the liberties of his fellow workers.
"Signed by the workers in the Snohomish County Jail."
If the authorities hoped to save money by their n.i.g.g.ardly feeding policy the battleship of January 19th, mentioned in the foregoing account, convinced them of their error. With blankets tied to the cell doors they first tore them open and then twisted them out of shape. Taking a small piece of gaspipe they disarranged the little doors that controlled the locking system above each cell, and then demolished the entire system of locks. Every bolt, screw and split pin was taken out and made useless.
While some were thus engaged others were busy getting the food supplies which were stacked up in a corner just outside the tanks. When Sheriff McCullogh finally arrived at the jail, some three hours later, he found the prisoners calmly seated amid the wreckage eating some three hundred pounds of corned beef they had obtained and cooked with live steam in one of the bath tubs. Shaking his head sadly the sheriff remarked, "You fellows don"t go to the same church that I do." The deputy force worked for hours in cleaning up the jail, and it took a gang of ironworkers nine working days, at a cost of over $800.00, to repair the damage done in twenty minutes. Twenty of the "hard-boiled Wobblies" were removed to Seattle shortly after this, but it was no trouble for the men to gain their demands from that time on. They had but to whisper the magic word "battleship" to remind the jailers that the I. W. W. policy, as expressed in a line in Virgil, was about to be invoked:
"If I cannot bend the powers above, I will rouse h.e.l.l."
Lloyd Black, prosecuting attorney only by a political accident, soon dropped his ideals and filled the position of prosecutor as well as his limited abilities allowed, and it was apparent that he felt the hands of the lumber trust tugging on the strings attached to his job and that he had succ.u.mbed to the insidious influence of his a.s.sociates. He called various prisoners from their cells and by pleading, cajoling and threatening in turn, tried to induce them to make statements injurious to their case.
Fraudulently using the name of John M. Foss, a former member of the General Executive Board of the I. W. W. and then actively engaged in working for the defense, Black called out Axel Downey, a boy of seventeen and the youngest of the free speech prisoners, and used all the resources of his department to get the lad to make a statement.
Downey refused to talk to any of the prosecution lawyers or detectives and demanded that he be returned to his cell. From that time on he refused to answer any calls from the office unless the jail committee was present. Nevertheless the name of Axel Downey was endorsed, with several others, as a witness for the prosecution in order to create distrust and suspicion among the prisoners.
About this time the efforts of Detective McLaren and his a.s.sociates were successful in "influencing" one of the prisoners, and Charles Auspos, alias Charles Austin, agreed to become a state"s witness. Contrary to the expectation of the prosecution, the announcement of this "confession" created no sensation and was not taken seriously on the outside, while the prisoners, knowing there was nothing to confess, were concerned only in the fact that there had been a break in their solidarity. "We wanted to come out of this case one hundred per cent clean," was the sorrowful way in which they took the news.
Auspos had joined the I. W. W. in Rugby, North Dakota, on August 10th, 1916, and whether he was at that time an agent for the employers is not known, but it is evident that he was not sufficiently interested in industrial unionism to study its rudimentary principles. It may be that the previous record of Auspos had given an opportunity for McLaren to work upon that weak character, for Auspos started his boyhood life in Hudson, Wisconsin, with a term in the reformatory, and his checkered career included two years in a military guard house for carrying side-arms and fighting in a gambling den, a dishonorable discharge from the United States Army, under the a.s.sumed name of Ed. Gibson, and various arrests up until he joined the I. W. W.
This Auspos was about 33 years of age, five foot eleven inches tall, weight about 175 pounds, brown hair, brown eyes, medium complexion but face inclined to be reddish, slight scar on side of face, and was a teamster and general laborer by occupation, his parents living in Elk River, Minn.
And while Auspos had by his actions descended to the lowest depths of shame, there were those among the prisoners who had scaled the heights of self-sacrifice. There were some few among them whose record would look none too well in the light of day, but the spirit of cla.s.s solidarity within them led them to say, "Do with me as you will, I shall never betray the working cla.s.s." James Whiteford, arrested under the name of James Kelly, deserves the highest praise that can be given for he was taken back to Pennsylvania, which state he had left in violation of a parole; to serve out a long penitentiary sentence which he could have avoided by a few easily told lies implicating his fellow workers in a conspiracy to do murder on November 5th.
Shortly after the attempted "frame-up" with Axel Downey there was a strong effort made to bring pressure upon Harvey Hubler. A "lawyer" who called himself Minor Blythe, bearing letters obtained by misrepresentation from Hubler"s father and sister, attempted to get Hubler from his cell on an order signed by Malcolm McLaren, the detective. With the experience of Downey fresh in mind, Hubler refused to go out of the tank, even tho the "lawyer" stated that he had been sent by Hubler"s father and could surely get him out of jail.
The next day twelve armed deputies came into the jail to force Hubler to accompany them to the office. The prisoners as a whole refused to enter their cells, and armed themselves with such rude weapons as they could find in order to repulse the deputies. The concerted resistance had its effect and a committee of three, Feinberg, Peters and Watson, accompanied Hubler to the office. Hubler there refused to read the letter, asking that it be read aloud in the presence of the other men.
The detectives refused to do this and the men were put back in the tank.
That afternoon, with two other prisoners, Hubler went out of the tank to wash his clothes. The jailers had been awaiting this opportunity and immediately locked the men out. The gunmen then overpowered Hubler and dragged him struggling to the office. The letter was then read to Hubler, who made no comment further than to say that the I. W. W. had engaged attorneys to defend him and he wished to be taken back where the rest of the men were.
Meanwhile the men in the tanks had started another battleship. A hose had been installed in the jail since the previous battleship and the deputies turned this upon the men as soon as the protest started. The prisoners retaliated by taking all mattresses, blankets, clothing and supplies belonging to the county and throwing them where they would be ruined by the water, and not knowing what was happening to Hubler they shouted "Murder" at the top of their voices. While the trouble was going on several members of the I. W. W., many Everett citizens, and one attorney tried to gain admittance to the jail office to learn the cause of the disturbance, but this was denied for more than an hour. Hubler was finally brought back and the battleship ceased. The county had to furnish new bedding and clothing for the prisoners.
After this occurrence the prisoners were allowed the run of the corridors and were often let out to play ball upon the jail lawn, with only two guards to watch them. There were no disorders in the jail from that time on.
A committee of Everett women asked permission to serve a dinner to the imprisoned men and when this was granted they fairly outdid themselves in fixing up what the boys termed a "swell feed." This was served to the men thru the bars but tasted none the less good on that account.
[Ill.u.s.tration: Judge J. T. Ronald]
The Seattle women, not to be outdone, gave a banquet to the prisoners who had been transported to the Seattle county jail. The banquet was spread on tables set the full length of the jail corridor, and the menu ran from soup to nuts. An after dinner cigar, and a little boutonniere of fragrant flowers furnished by a gray-haired old lady, completed the program.
These banquets and the jail visitors, together with numerous books, magazines and papers--and a phonograph that was in almost constant operation--made the latter part of the long jail days endurable.
The defense was making strong efforts, during this time, to secure some judge other than Bell or Alston, the two superior court judges of Snohomish County, finally winning a victory in forcing the appointment of an outside judge by the governor of the state.
Judge J. T. Ronald, of King County, was selected by Governor Lister, and after the men had pleaded "Not Guilty" on January 26th, a change of venue on account of the prejudice existing in Everett"s official circles was asked and granted, Seattle being selected as the place where the trial would take place.
Eleven of the prisoners were named on the first information, the men thus arraigned being F. O. Watson, John Black, Frank Stuart, Charles Adams, Harston Peters, Thomas H. Tracy, Harry Feinberg, John Downs, Harold Miller, Ed Roth and Thomas Tracy. The t.i.tle of the case was "State vs. F. O. Watson et al.," but the first man to come to trial was Thomas H. Tracy. The date of the trial was set for March 5th.
On November 5th, when he was taken from the Verona to jail, Thomas H.
Tracy gave his name at the booking window as George Martin, in order to spare the feelings of relatives to whom the news of his arrest would have proven a severe shock. When the officers were checking the names later he was surprised to hear them call out "Tracy, Thomas Tracy."
Thinking that his ident.i.ty was known because of his having been secretary in Everett for a time, he stepped forward. An instant later a little fellow half his size also marched to the front. There were two Tom Tracys among the arrested men! Neither of them knew the other! Tracy then gave his correct name and both he and "Little Tom Tracy" were later held among the seventy-four charged with murder in the first degree.
During all the time the free speech fighters were awaiting trial the lumber trust exerted its potent influence at the national capital to the end of preventing any congressional investigation of the tragedy of November 5th and the circ.u.mstances surrounding it. The pet.i.tions of thousands of citizens of the state of Washington were ignored. All too well the employers knew what a putrid state of affairs would be uncovered were the lumber trust methods exposed to the pitiless light of publicity. That the trial itself would force them into the open evidently did not enter into their calculations.
In changing the information charging the murder of C. O. Curtis to the charge of murdering Jefferson Beard the prosecution thought to cover one point beyond the possibility of discovery, which change seems to have been made as a result of the exhuming of the body of C. O. Curtis in February. Curtis had been buried in a block of solid concrete and this had to be broken apart in order to remove the body. Just who performed the autopsy cannot be ascertained as the work was covered in the very comprehensive bill of $50.50 for "Exhuming the body of C. O. Curtis, and autopsy thereon," this bill being made out in the name of the superintendent of the graveyard and was allowed and paid by Snohomish County. This, together with the fact that at no time during the trial did the prosecution speak of C. O. Curtis as having met his death at the hands of the men on the Verona, seems to bear out the contention of the defense that Curtis was the victim of the rifle fire of one of his a.s.sociates.
So on March 5th, after holding the free speech prisoners for four months to the day, the lumber trust, in the name of the State of Washington, brought the first of them, Thomas H. Tracy, to trial, on a charge of first degree murder, in the King County Court House at Seattle, Washington.
CHAPTER VI.
THE PROSECUTION
The King County Court House is an imposing, five story, white structure, covering an entire block in the business section of the city of Seattle.