"Goldenhaul, or something like that. Now I call myself Golden. When we come to this country--."
"Never mind," interposed Veitch hurriedly.
"When we come to this country for good luck we always change the name, you know," finished Golden, and added bitterly, "I sure did have good luck!"
This ended the case in chief for the defense, the marshalling of such a ma.s.s of testimony from a host of disinterested witnesses, men, women and children, putting it on an entirely different footing from the prejudiced testimony brought forward by the prosecution.
In reb.u.t.tal of testimony produced by the defense the prosecution introduced a series of witnesses. As in their case in chief every one of the parties who testified were in some way concerned in the case as deputies, jailers, police officers, dance hall habitues, detectives, and the like. The witnesses were W. P. Bell, Dr. F. R. Hedges, E. E. Murphy, Charles Hall, Rudolph Weidaur, W. J. Britt, Percy Ames, Harry Blackburn, Reuben Westover, Harry Groger, W. M. Maloney, Albert Burke, W. R.
Conner, A. E. Andrews, David D. Young, Howard Hathaway, George Leonard Mickel, Paul Hill, E. C. Mony, B. H. Bryan, all of whom were deputies, D. C. Pearson, W. H. Bridge, and "Honest" John Hogan, all three jailers and deputies, Robert C. Hickey, city jailer, David Daniels and Adolph Miller, police officers, Charles Manning and J. T. Rogers, personal friends of McRae, Oscar Moline, dance hall musician, Albert McKay, of the Ocean Food Products Company located on the Everett Improvement Dock, T. J. McKinnon, employe of McKay, R. B. Williams, contractor, John Flynn, agent Everett Improvement Dock, W. W. Blain and F. S. Ruble, secretary and bookkeeper respectively of the Commercial Club and also deputies, A. E. Ballew, Great Northern depot agent, H. G. Keith, Great Northern detective, Charles Auspos, who was shown to be in receipt of favors as state"s witness, and George Reese, Pinkerton informer and "stool pigeon."
One deputy, H. S. Groger, stated on cross-examination that he continuously fired at a man on the boat who appeared to be trying to untie the spring line. Outside of this evidence of a desire for wholesale slaughter nothing developed of sufficient importance to warrant the production of sur-reb.u.t.tal witnesses, except in the testimony of Auspos and Reese.
Auspos testified that defendant Billings in the presence of John Rawlings had stated in the Everett County jail that he had a gun that made a noise like a cannon. This was intended to controvert the testimony of Billings.
Reese related a conversation that Tracy was alleged to have carried on in his presence on the Verona as it was bound for Everett. He stated that a launch was seen approaching and someone remarked that it was probably coming to head them off, to which Tracy replied "Let them come; they will find we are ready for them, and we will give them something they are not looking for." This was intended as impeachment of Tracy.
Cross-examination of this informer brought out the fact that he was a Pinkerton agent at the time he was holding the office of delegate to the Central Labor Council of the American Federation of Labor. Reese stated that he was employed on the waterfront during the longsh.o.r.emen"s strike with instructions to "look for everybody who was pulling the rough stuff, such as threatening to burn or attempting to burn warehouses, and shooting up non-union workers, and beating them up and so forth." He had been in the employ of the Pinkerton Agency for six weeks this last time before he was ordered to go down and join the I. W. W. He stated in answer to a question by Vanderveer:
"I was instructed to go down there and find out who these fellows were that was handling this phosphorus and pulling off this sabotage and the only way I could find out was to get a card and get in and get acquainted with them."
Attorney Moore in the absence of the jury offered to prove that Reese had practically manufactured this job for himself by promoting the very things he was supposed to discover. Moore stated some of the things he would prove if permitted by the court:
"That on or about August 1st Reese went to one J. M. Wilson, an official of the longsh.o.r.emen"s union, and endeavored to get $10.00 with which to buy dynamite to blow up a certain city dock; that on September 20th the witness gave Percy May, a member of the longsh.o.r.emen"s union, a bottle of phosphorus with instructions to start a fire at Pier 5; that in the month of July the witness opposed a settlement of the longsh.o.r.emen"s strike and when members of the union argued that they could remain out no longer as they had no money, Reese clapped his pockets and said, "you fellows wouldn"t be starving if you had the nerve that I have got. Why don"t you go out and get it, take it off the scabs the way I do;" that in September Feinberg had to make Reese leave the speaker"s stand in Everett because he was talking on matters harmful to industrial union propaganda; that on November 4th the witness went to the place where Feinberg was employed and left a suit of clothes to be pressed, saying to Feinberg, after he had ascertained that Feinberg was thinking of going to Everett on the following day, "mark the bill "paid" so I will have a receipt if you don"t come back;" that on August 16th, the day before the big dock fire in Seattle, Reese went to the down-town office of the same dye works in which Walker C. Smith was manager and in charge of the purchase of chemicals and tried to get Smith to purchase for him some carbon disulphide to be used in connection with phosphorus; that in the month of November in the Labor Temple, in the presence of Sam Sadler, Reese had said to Albert Brilliant that if the longsh.o.r.emen had any guts they would go out with guns and clean up the scabs on the waterfront; and that Reese tried to get other men to co-operate with him in a scheme to capture a Government boat lying in the Sound during the progress of the longsh.o.r.emen"s strike."
The court refused to allow the defense to go into these matters so the only showing of the true character of Reese was confined to examination as to the perjury he had committed in his initial sworn statement to the defense.
The sur-reb.u.t.tal of the defense occupied but a few minutes. It was admitted that Mr. Garver, the court reporter, would swear that Reese had made an initial statement to the defense counsel and that the same had been taken down stenographically and sworn to. Charles Tennant, captain of the detective force of the Seattle police department, testified to having telephoned to the sheriff"s office in Everett on November 5th to give the information that a boatload of I. W. W. men had left for Everett. He did not describe the body of men in any way and had not said that they were armed. This was for the purpose of showing that somewhere between the time that Jefferson Beard received the message and the time it was transmitted to the deputies some one had inserted the statement that the men on the boat were heavily armed. John Rawlings, defendant, testified that no such conversation as that related by Auspos had occurred in the presence of defendant Billings. Thomas H. Tracy denied making the threats ascribed to him by Reese, and this closed the hearing of evidence in the case.
Outside the courtroom on the day the last of the evidence was introduced there was in progress one of the largest demonstrations of Labor ever held in the Pacific Northwest. The date was May first, and International Labor Day was celebrated by the united radicals of the entire city and surrounding district. Meeting at the I. W. W. hall at 10:30 in the morning, thousands of men and women fell into a marching line of fours, a committee pinning a red rose or carnation on each marcher. Fifteen solid blocks of these marchers, headed by Wagner"s Band, then wended their way thru the streets to Mount Pleasant Cemetery and grouped themselves around the graves of Baran, Gerlot and Looney--Labor"s martyred dead.
There, upon the hillside, in accordance with his final wishes, the ashes of Joe Hill were scattered to the breeze, and with them were cast upon the air and on the graves beneath, the ashes of Jessie Lloyd and Patrick Brennan, two loyal fighters in the cla.s.s struggle who had died during the year just pa.s.sed.
A fitting song service, with a few simple words by speakers in English, Russian, Swedish, Hungarian and Italian, in commemoration of those who had pa.s.sed away, completed the tribute to the dead.
Nor were the living forgotten! The great crowd drifted from the graveside, but hundreds of them rea.s.sembled almost automatically and marched to the King County jail. Standing there, just outside of the very heart of the great city, the crowd, led by the I. W. W. choir, sang song after song from the revolutionary hymnal--the little red song book, each song being answered by one from the free speech prisoners confined in the jail. The service lasted until late in the day and, to complete the one labor day that is as broad as the world itself, a meeting was held in one of the largest halls of the city. At this meeting the final collection for the Everett Prisoners" Defense was taken and at the request of the imprisoned men one half of the proceeds was sent to aid in the liberation of Tom Mooney and his fellow victims of the Merchants"
and Manufacturers" a.s.sociation in San Francisco.
There remained but the reading of the instructions of the court and the addresses by the counsel for either side to complete this epoch making case and place it in the hands of the jury for their final verdict.
CHAPTER VIII.
PLEADINGS AND THE VERDICT
The instructions of the court, carefully prepared by Judge J. T. Ronald, required sixty-five minutes in the reading. These instructions were divided into twenty-three sections, each section representing a different phase of the case. Herewith is presented the first section in its entirety and a summary of the remaining portion:
"Ladies and Gentlemen of the Jury:
"My responsibility is to decide all questions of law in this case; yours to decide one question of fact. With these instructions my responsibility practically ends, your commences. You have taken a solemn oath that "you will well and truly try and true delivery make between the State of Washington and the prisoner at the bar, whom you have in charge, according to the evidence."
"There is no escape from the responsibility which has come to you, save in the faithful effort to render a true verdict. Any verdict other than one based upon pure conscience will be an injustice. An honest juror yields to no friendship, nor bears any enmity. He is moved by no sympathy, nor influenced by any prejudice. He seeks the approval of no one, nor fears the condemnation of anyone--save that one unerring, silent monitor, his own conscience. Disregard this whispering voice in yourself and you may fool the public, you may fool the defendant, you may, hereafter, with some effort, even close your own soul to her whispering reproaches and enjoy the ill-earned plaudits of the selfish or biased friend or interest whom you sought to please, but be a.s.sured you will not change the truth, you will not deceive justice which, at some time, and in some way, will collect from you the penalty which is always sooner or later exacted from those who betray the truth.
"So let me urge that in deciding the issue of facts which is now your responsibility you be guided by these instructions which you have sworn to follow, and by their conscientious application to the evidence in this case.
"Do not permit yourselves to be swayed by sympathy, influenced by prejudice, or moved in the least by a consideration of what might or might not meet the approval or the condemnation of any person or cla.s.s of persons, or of interest whatever. To do so will be an act alike dishonest, violative of your oath, subst.i.tuting for a fair and impartial trial an unfair and a partial one. This is an epoch in your lives to which you will ever look back. Be sure that when you do you may face the smiling approval of your conscience rather than its stinging reproach.
"The guilt or innocence of this defendant is a single question of fact to be determined by the evidence alone. If this evidence shows defendant to be guilty, then no sympathy, no desire for approval, no fear of condemnation, can make him innocent; if the evidence fails to show him guilty, then no prejudice, no desire for approval, no fear of condemnation, can make him guilty. The issue is a momentous one, not only to the defendant, who, if innocent, deserves the deepest sympathy, for the accusation made against him is a serious one; but likewise to the public and to society at large, and the tranquility and security of our different communities.
"A false verdict against the defendant conflicts with the purpose and the laws of the State as effectively as a false verdict in his favor.
The State has no higher duty or interest than to preserve all its citizens from suffering under unfounded accusations. If, on the other hand, the guilt of the defendant has been shown, a false verdict of acquittal would not only be a breach of your oaths, but it would inflict a grievous wrong upon the State. If a true verdict calls for conviction, the misfortune to the defendant is not in the verdict, nor in the penalty, but in the fact it was his conduct which makes the verdict true. You alone of all the world, and who now possess all the facts, are therefore responsible for the verdict in this case. The law is not concerned about conviction merely--but it is concerned, deeply concerned, that juries shall conscientiously and fearlessly declare the truth. Whether it be conviction, or whether it be acquittal, a true verdict is justice--a false is injustice."
Judge Ronald followed this lecture on civic righteousness and personal duty with more specific instructions to the jury, of which the following are excerpts.
"In this case you must answer the question--Is this defendant guilty or innocent? * * * Keep constantly in mind this issue and do not go astray to discuss any other of the many issues that may be suggested by or may lay hidden among the great ma.s.s of evidence in this case. Whether the Industrial Workers of the World shall or shall not speak at a certain place in the City of Everett is not an issue here. * * * Whether the open or the closed shop shall prevail is not a subject for your consideration.
"Every defendant in a criminal case is presumed to be innocent. * * *
You must be satisfied beyond a reasonable doubt of the facts necessary to show guilt before you can convict. * * * You should give the phrase "proof beyond a reasonable doubt" its full meaning and weight as explained and defined to you in these instructions. On the other hand, you should not magnify nor exaggerate its force and fail to return a verdict of guilty simply because the evidence does not satisfy you of guilt to an absolute certainty. No crime can be proved to an absolute certainty.
"It does not follow because every one of the facts which are disputed between the parties may not be established beyond a reasonable doubt, that there cannot be a conviction. At the same time you will bear carefully in mind that all facts which are necessary to establish the conclusion of guilt must be proved beyond a reasonable doubt.
"There are two facts necessary to convict this defendant:
(1) That some person on the boat unlawfully killed Jefferson Beard.
(2) That this defendant aided, incited or encouraged such shooting.
"If you are satisfied beyond a reasonable doubt of these two facts, then you must convict, no matter what may be your belief concerning any other question in dispute in this case; if you have a reasonable doubt as to either of these two facts, then you must acquit."
The instructions then went into detail as to the rights of the workers to organize, to bargain in regard to compensation, hours of labor and conditions of work generally, to go on strike, to persuade or entice their fellow workers by peaceful means from taking the positions which they have left, to a.s.semble at public places where such meetings are not prohibited by law and ordinance, and "no person, either private citizen or public official, has any right to deny, abridge or in any manner interfere with the full and free enjoyment of those privileges and any person who attempts to do so is himself guilty of an unlawful act."
After reciting such acts attributed to the workers in this case as were in violation of law, the instructions went on to state that "a sheriff has no authority to arrest any person without a warrant except upon probable cause for believing such person has violated a law of the state; nor has he authority after making such arrest to hold his prisoner in custody for a longer time than is reasonably necessary to cause proper complaint to be filed, and an opportunity given for bail. *
* * A sheriff has no right or authority to interfere with or prevent any person from violating a city ordinance, nor has he the right or authority to arrest for violations of city ordinances" unless "the act threatened, or the act done, in violation of such ordinance be at the same time violation of a state law."
The instructions then outlined the scope of criminal conspiracy, stating that it was unnecessary for one conspirator to know all of the other conspirators but that common design is the essence of the charge of conspiracy. The acts of one conspirator become the acts of any and all conspirators. In the eyes of the law the sheriff and the deputies also const.i.tuted in this case but one personality, the sheriff being bound by the acts of his deputies and the deputies being authorized by the powers of the sheriff. Also the ordinance dated September 21st, 1916, was held to be a valid one.
"Now whether any of the Industrial Workers of the World have been, prior to November 5, 1916, guilty of encouraging disrespect for law, or of unlawful a.s.semblage, or of riot, is not the question on trial here. They could all be guilty of all the acts or offenses heretofore mentioned, and still this defendant be innocent of this particular crime charged on November 5th, or they could all be innocent of all the acts mentioned, and defendant still be guilty of the main charge here.
"Again, whether the sheriff or any of his a.s.sistants have been guilty of any of the acts charged against them is not on trial here. They could all be guilty of all the acts charged and still be the victims of unjustifiable shooting from that boat, or they could all be innocent of any offense, and still be the aggressors and cause of that shooting on the dock wherein Jefferson Beard lost his life.
"One of the questions in this case is the question--Which side was the aggressor on that occasion?
"In determining who was the aggressor it is your duty to consider all the facts and circ.u.mstances surrounding the situation, the relations of the parties to each other, their intentions toward each other, and all the things they did. You will also consider the past conduct of all the parties, any acts of violence or other a.s.saults that may have been committed, and any threats that may have been made, and the character as known and understood by each other.
[Ill.u.s.tration: Victims at Morgue.