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r History of the Class Struggle 
In the Lumber Industry 


C. Sw 



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The Everett Massacre 

By Walker C. Smith 

A History of the Class Struggle 
in the Lumber Industry 

I. W. W. Publishing Bureau 
Chicago, 111. 

THIS book is dedicated to those loyal soldiers of the great 
class war who were murdered on the steamer Verona at 
Everett, Washington, in the struggle for free speech and 
free assembly and the right to organize: 





and those unknown martyrs whose bodies were swept out to 
unmarked ocean graves on Sunday, November Fifth, 1916. 



In ten minutes of seething, roaring hell at the Everett 
dock on the afternoon of Sunday, November 5, 1916, there was 
more of the age-old superstition regarding the indentity of 
interests between capital and labor torn from the minds of the 
working people of the Pacific Northwest than could have been 
cleared away by a thousand lecturers in a year« It is with 
regret that we view the untimely passing of the seven or more 
Fellow Workers who were foully murdered on that fateful day, 
but if the working class of the world can view beyond their 
mangled forms the hideous brutality that was the cause of their 
deaths, they will not have died in vain. 

This book is published with the hope that the tragedy at 
Everett may serve to set before the working class so clear a 
view of capitalism in all its ruthless greed that another such 
affair will be impossible. 


With grateful acknowledgments to C. E. Payne for valuable 

assistance in preparing the subject matter, to Harry 

Feinberg in consultation, to Marie B. Smith 

in revising manuscript, and to J. J. 

Kneisle for photographs. 


By Charles Ashleigh 

["* * * and then the Fellow Worker died, singing *Hold 
the Fort' * * *" — From the report of a witness.] 

Song on his lips, he came; 

Song on his lips, he went; — 
This be the token we bear of him, — 

Soldier of Discontent! 

Out of the dark they came; out of the night 

Of poverty and injury and woe, — 
With flaming hope, their vision thrilled to light, — 

Song on their lips, and every heart aglow; 

They came, that none should trample Labor's right 
To speak, and voice her centuries of pain. 

Bare hands against the master's armored might! — 
A dream to match the tools of sordid gain! 

And then the decks went red; and the g-ey sea 
Was written crimsonly with ebbing life. 

The barricade spewed shots and mockery 
And curses, and the drunken lust of strife. 

Yet, the mad chorus from that devil's host, — 
Yea, all the tumult of that butcher throng, — 

Compound of bullets, booze and coward boast, — 
Could not out-shriek one dying worker's song! 

Song on his lips, he came; 

Song on his lips, he went; — 
This be the token we bear of him, — 

Soldier of Discontent! 

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The Everett Massacre 



Perhaps the real history of the rise of the lumber 
industry in the Pacific Northwest will never be writ- 
ten. It will not be set down in these pages. A frag- 
ment — vividly illustrative of the whole, yet only a 
fragment — is all that is reproduced herein. But if 
that true history be written, it will tell no tales of 
"self-made men" who toiled in the woods and mills 
amid poverty and privation and finally rose to fame 
and affluence by their own unaided effort. No Abra- 
ham Lincoln will be there to brighten its tarnished 
pages. The story is a more sordid one and it has to 
do with the theft of public lands; with the bribery 
and corruption of public officials; with the destruc- 
tion and "sabotage," if the term may be so misused, 
of the property of competitors ; with base treachery 
and double-dealing among associated employers; 
and with extortion and coercion of the actual work- 
ers in the lumber industry by any and every means 
from the "robbersary" company stores to the com- 
mission of deliberate murder. 

No sooner had the larger battles among the lumber 
barons ended in the birth of the lumber trust than 
there arose a still greater contest for control of the 
industry. Lumberjack engaged lumber baron in a 


struggle for industrial supremacy; on the part of 
the former a semi-blind groping toward the light of 
freedom and for the latter a conscious striving to 
retain a seat of privilege. Nor can the full history of 
that struggle be written here, for the end is not yet, 
but no one who has read the past rightly can doubt 
the ultimate outcome. That history, when finally 
written, will recite tales of heroism and deeds of 
daring and unassuming acts of bravery on the part 
of obscure toilers beside which the vaunted prowess 
of famous men will seem tawdry by comparison. 
Today the perspective is lacking. Time alone will 
vindicate the rebellious workers in their fight fcr 
freedom. From all this travail and pain is to be 
born an Industrial Democracy. 

The lumber industry dominated the whole life of 
the Northwest. The lumber trust had absolute sway 
in entire sections of the country and held the balance 
of power in many other places. It controlled Gov- 
ernors, Legislatures and Courts ; directed Mayors and 
City Councils; completely owned Sheriffs and De- 
puties; and thru threats of foreclosure, blackmail, 
the blacklist and the use of armed force it dominated 
the press and pulpit and terrorized many other ele- 
ments in each community. The sworn testimony in 
the greatest case in labor history bears out these 
statements. Out of their own mouths were the lum- 
ber barons and their tools condemned. For, let it be 
known, the great trial in Seattle, Wash., in the year 
1917, was not a trial of Thomas H. Tracy and his co- 
defendants. It was a trial of the lumber trust, a 
trial of so-called "law and order," a trial of the 
existing method of production and exchange and the 
social relations that spring from it, — and the verdict 
was that Capitalism is guilty of Murder in the First 

To get even a glimpse into the deeper meaning 
of the case that developed from the conflict at 
Everett, Wash., it is necessary to know something of 
the lives of the migratory workers, something of the 
vital necessity of free speech to the working class 


and to all society for that matter, and also something 
about the basis of the lumber industry and the foun- 
dation of the city of Everett. The first two items 
very completely reveal themselves thru the medium 
of the testimony given by the witnesses for the de- 
fense, while the other matters are covered briefly 

The plundering of public lands was a part of the 
•policy of the lumber trust. Large holdings were 
gathered together thru colonization schemes, whereby 
tracts of 160 acres were homesteaded by individuals 
with money furnished by the lumber operators. Often 
this meant the mere loaning of the individual's name, 
and in many instances the building of a home was 
nothing more than the nailing together of three 
planks. Other rich timber lands were taken up as 
mineral claims altho no trace of valuable ore existed 
within their confines. All this timber fell into the 
hands of the lumber trust. In addition to this there 
were large companies who logged for years on forty 
acre strips. This theft of timber on either side of a 
small holding is the basis of many a fortune and the 
possessors of this stolen wealth can be distinguished 
today by their extra loud cries for "law 'and order" 
when their employes in the woods and mills go on 
strike to add a few more pennies a day to their 
beggarly pittance. 

Altho cheaper than outright purchase from ac- 
tual settlers, these methods of timber theft proved 
themselves quite costly and the public outcry they 
occasioned was not to the liking of the lumber 
barons. To facilitate the work of the lumber trust 
and at the same time placate the public, noLiing 
better than the Forest Reserve could possibly have 
been devised. The establishment of the National 
Forest Reserves was one of the long steps taken in 
the United States in monopolizing both the land and 
the timber of the country. 

The first forest reserves were established Fe- 
bruary 22, 1898, when 22,000,000 acres were set 
aside as National Forests. Within the next eight 


years practically all the public forest lands in the 
United States that were of any considerable extent 
had been set off into these reserves, and by 1913 
there had been over 291,000 square miles included 
within their confines. ( * ) This immense tract of coun- 
try was withdrawn from the possibility of homestead 
entry at approximately the time that the Mississippi 
Valley and the eastern slope of the Rocky Mountains 
had'been settled and brought under private owner- 
ship. Whether the purpose was to put the small 
sawmills out of business can not be definitely stated, 
but the lumber trust has profited largely from the 
establishment of the forest reserves. 

So long as there was in the United States a large 
and open frontier to be had for the taking there 
could be no very prolonged struggle against an own- 
ing class. It has been easier for those having nothing 
to go but a little further and acquire property for 
themselves. But on coming to what had been the 
frontier and finding a forest reserve with range rid- 
ers and guards on its boundaries to prevent tres- 
passing ; on looking back and seeing all land and op- 
portunities taken ; on turning again to the forest re- 
serve and finding a foreman of the lumber trust 
within its borders offering wages in lieu of a home, 
it was inevitable that a conflict should occur. 

With the capitalistic system of industry in opera- 
tion, the conflict between the landless homeseekers 
and the owners of the vast accumulations of capital 
would inevitably have taken place, but this clash has 
come at least a generation earlier because of the 
establishment of the National Forests than it other- 
wise would. The land now in reserves would furnish 
homes and comfortable livings for ten million people, 
and have absorbed the surplus population for 
another generation. It is also true that the establish- 
ment of the National Forests has been one of the 

(*) Data on Forest Reserve taken from 1911 Encyclopedia 
Britannica articles by Gifford Pinchot. 


vital factors that made the continued existence of the 
lumber trust possible. 

Prior to 1895 the shipments of lumber to the 
prairie states from west of the Rocky Mountains were 
very small, and of no effect on the domination of the 
lumber industry by the trust. Also, prior to that date 
but a small part of the valuable timber west of the 
Rocky Mountains had been brought under private 
ownership. But about this time the pioneer settlers 
began swarming over the Pacific Slope and taking 
the free government land as homesteads. As the 
timber land was taken up, floods of lumber from the 
Pacific Coast met the lumber of the trust on the great 
prairies. The lumber trust had looted the govern- 
ment land and the Indian reservations in the middle 
states of their timber, and had almost full control of 
the prairie markets until the lumber of the Pacific 
Slope began to arrive. In 1896 lumber from the 
Puget Sound was sold in Dakota for $16.00 per 
thousand feet, and it kept coming in a constantly in- 
creasing volume and of a better quality than the trust 
was shipping from the East. It was but natural that 
the trust should seek a means to stifle the constantly 
increasing competition from the homesteads of the 
West, and the means was found in the establishment 
of the National Forest Reserves. 

While the greater portion of North America was 
yet a wilderness, the giving of vast tracts of valuable 
land on the remote frontier to private individuals 
and companies could be accomplished. But at this 
time such a procedure would have been impossible, 
tho it was imperative for the life of the trust that the 
timber of the Pacific Slope should be withdrawn 
from the possibility of homestead entry. In order 
to carry out this scheme it was necessary to raise a 
cry of "Benefit to the Public" and make it appear 
that this new public policy was in the interest of 
future generations. The cry was raised that the 
public domain was being used for private gain, that 
the timber was being wastefully handled, that un- 
necessary amounts were being cut, that the future 
generations would find themg^lyes without timber, 


that the watersheds were being denuded and that 
drought and floods would be the certain result, that 
the nation should receive a return for the timber that 
was taken, together with many other specious pleas. 

That the public domain was being used for 
private gain was in some instances true, but the vast 
majority of the timber land was being taken as home- 
steads, and thus taking the timber outside the cortrol 
of the trust. That the timber was being wastefully 
handled was to some extent true, but this was inevi- 
table in the development of a new industry in a new 
country, and so far as the Pacific Slope is concerned 
there is but little change from the methods of twenty 
years ago. That unnecessary amounts were being 
cut was sometimes true, but this served only to keep 
prices down, and from the standpoint of the trust 
was unpardonable on that account alone. The 
market is being supplied now as formerly, and with 
as much as it will take. The only means that has 
been used to restrict the amount cut has been to raise 
the price to about double what it was in 1896. The 
denuding of the watersheds of the continent goes on 
today the same as it aid twenty-five years ago, the 
only consideration being whether there is a market 
for the timber. Some reforesting has been done, and 
some protection has been established for the preven- 
tion of fires, but these things have been much in 
the nature of an advertisement since the government 
has taken charge of the forests, and was done auto- 
matically by the homesteaders before the Reserves 
were established. There has never been any restric- 
tion in the amount of timber that any company could 
buy, and the more it wanted, the better chance it 
had of getting it. The nation is receiving some re- 
turn from the sale of timber from the government 
land, but it is in the nature of a division of the spoils 
from a raid on the homes of the landless. 

When the Reserve were established, the Secret- 
ary of the Interior was empowered to "make rules 
and regulations for the occupancy and the use of the 
forests and preserve them from destruction." No 


attempt was made in the General Land Office to de- 
velop a technical forestry service. The purpose of 
the administration was mainly protection against 
trespass and fire. The methods of the administration 
were to see to it first that there were no trespassers. 
Fire protection came later. When the Reserves were 
established, people who were at the time living 
within their boundaries were compelled to submit the 
titles of their homesteads to the most rigid scrutiny, 
and many people who had complied with the spirit 
of the law were dispossessed on mere technicalities, 
while before the establishment of the Reserve system 
the spirit of the compliance with the homestead law 
was mainly considered, and very seldom the tech- 
nicality. And while the Forestry Service was ex- 
amining all titles to homesteads within the bounda- 
ries of the Reserve with the utmost care, the large 
lumbering companies were given the best of con- 
sideration, and were allowed all the timber they re- 
quested and a practically unlimited time to re- 
move it. 

The system of dealing with the lumber trust has 
been most liberal on the part of the government. A 
company wanting several million feet of timber 
makes a request to the district oflftce to have the tim- 
ber of a certain amount and on a certain tract offered 
for sale. The Forestry Service makes an estimate of 
the minimum value of the timber as it stands in the 
tree and the amount of timber requested within that 
tract is then offered for sale at a given time, the 
bids to be sent in by mail and accompanied by certi- 
fied checks. The bids must be at least as large as the 
minimum price set by the Forestry Service, and high- 
est bidder is awarded the timber, on condition that 
he satisfies the Forestry Service that he is responsible 
and will conduct the logging according to rules and 
regulations. The system seems fair, and open to all, 
until the conditions are known. 

But among the large lumber companies there has 
never been any real competition for the possession 
of any certain tract of timber that was listed for sale 
by request. When one company has decided on ask- 


ing for the allotment of any certain tract of timber, 
other companies operating within that forest seldom 
make bids on that tract. Any small company that is 
doing business in opposition to the trust companies, 
and may desire to bid on an advertised tract, even 
tho its bid may be greater than the bid of the trust 
company, will find its offer thrown out as being "not 
according to the Government specifications," or the 
company is "not financially responsible," or some 
other suave explanation for refusing to award the 
tract to the competing company. On the other hand, 
when a small company requests that some certain 
tract shall be listed for sale, it very frequently hap- 
pens that one of the large companies that is com- 
monly understood to be affiliated with the lumber 
trust will have a bid in for that tract that is slightly 
above that of the non-trust company, and the tim- 
ber is solemnly awarded to "the highest bidder." 

When a company is awarded a tract of timber, 
the payment that is required is ten per cent of the 
purchase price at the time of making the award, and 
the balance is to be paid when the logs are on the 
landing, or practically when they can be turned into 
ready cash, thus requiring but a comparatively small 
outlay of money to obtain the timber. When the 
award is made, it is the policy of the Forestry Ser- 
vice to be on friendly terms with the customers, and 
the men who scale the logs and supervise the cutting 
are the ones who come into direct contact with the 
companies, and it is inevitable that to be on good 
terms with the foreman the supervision and scaling 
must be "satisfactory." Forestry Service men who 
have not been congenial with the foremen of the 
logging companies have been transferred to other 
places, and it is almost axiomatic that three transfers 
is the same as a discharge. The little work that is 
required of the companies in preventing fires is much 
more than offset by the fact that no homesteaders 
have small holdings within the area of their opera- 
tions, either to interfere with logging or to compete 
with their small mills for the control of the lumber 


That the forest lands of the nation were being 
denuded, and that this would cause droughts and 
floods was a fact before the establishment of the 
Reserves, and the fact is still true. Where a logging 
company operates, the rule is that it shall take all 
the timber on the tract where it works, and then the 
forest guards are to burn the brush and refuse. A 
cleaner sweep of the timber could not have been 
made under the old methods. The only difference 
in methods is that where the forest guards now do 
the fire protecting for the lumber trust, the home- 
steaders formerly did it for their own protection. In 
January, 1914, the Forestry Service issued a state- 
ment that the policy of the Service for the Kaniksu 
Forest in Northern Idaho and Northeastern Wash- 
ington would be to have all that particular reserve 
logged off and then have the land thrown open to 
settlement as homesteads. As the timber in that 
part of the country will but little more than pay for 
the work of clearing the land ready for the plow, 
but is very profitable where no clearing is required, 
it can be readily seen that the Forestry Service was 
being used as a means of dividing the fruit — ^the 
apples to the lumber trust, the cores to the landless 

One particular manner in which- the Government 
protects the large lumber companies is in the in- 
surance against fire loss. When a tract has been 
awarded to a bidder it is understood that he shall 
have all the timber allotted to him, and that he 
shall stand no loss by fire. Should a tract of timber 
be burned before it can be logged, the government 
allots to the bidder another tract of timber "of equal 
value and of equal accessibility," or an adjustment 
is made according to the ease of logging and value 
of the timber. In this way the company has no ex- 
pense for insurance to bear, which even now with 
the fire protection that is given by the Forestry 
Service is rated by insurance companies at about ten 
per cent, of the value of the timber for each year. 

No taxes or interest are required on the timber 


that is purchased from the government. Another 
feature that makes this timber cheaper than that of 
private holdings, is that to buy outright would en- 
tail the expense of the first cost of the land and tim- 
ber, the protection from fire, the taxes and the in- 
terest on the investment. In addition to this there is 
always the possibility that some homesteader would 
refuse to sell some valuable tract that was in a vital 
situation, as holding the key to a large tract of tim- 
ber that had no other outlet than across that tract. 
There has been as yet no dispute with the govern- 
ment about an outlet for any timber purchased on 
the Reserves; the contract for the timber always 
including the proviso that the logging company shall 
have the right to make and use such roads as are 
"necessary," and the company is the judge of what 
is necessary in that line. 

The counties in which Reserves are situated re- 
ceive no taxes from the government timber, or from 
the timber that is cut from the Reserves until it is 
cut into lumber, but in lieu of this they receive a 
sop in the form of "aid" in the construction of roads. 
In the aggregate this aid looks large, but when com- 
pared with the amount of road work that the people 
who could make their homes within what is now the 
Forest Reserves, could do, it is pitifully small and 
very much in the nature of the "charity" that is 
handed out to the poor of the cities. It is the inevi- 
table result of a system of government that finds 
itself compelled to keep watch and ward over its 
imbecile children. 

So in devious ways of fraud, graft, coercion, and 
outright theft, the bulk of the timber of the North- 
west has been acquired by the lumber trust at an 
average cost of less than twelve cents a thousand 
feet. In the states of Washington and Oregon alone, 
the Northern Pacific and the Southern Pacific rail- 
ways, as allies of the Weyerhouser interests of St. 
Paul, own nearly nine million acres of timber; the 
Weyerhouser group by itself dominating altogether 
more than thirty million acres, or an area almost 


equal to that of the state of Wisconsin. The timber 
owned by a relatively small group of individuals 
is sufficient to yield enough lumber to build a six- 
room house for every one of the twenty million 
families in the United States. 

Why then should conservation, or the threat of 
it, disturb the serenity of the lumber trust? If the 
government permits the cutting of public timber it 
increases the value of the trust holdings in mul- 
tiplied ratio, and if the government withdraws from 
public entry any portion of the public lands, creat- 
ing Forest Reserves, it adds marvelously to the yalue 
of the trust logs in the water booms. Even forest 
fires in one portion of these vast holdings serve but 
to send skyward the values in the remaining parts, 
and by some strange freak of nature the timber of 
trust competitors, like the "independent" and co- 
operative mills, seems to be more inflammable than 
that of the "law-abiding'' lumber trust. And so it 
happens that the government's forest policy has 
added fabulous wealth and prestige and power to 
the rulers of the lumber kingdom. 

. But whether the timber lands were stolen il- 
legally or acquired by methods entirely within the 
law of the land, the exploitation of labor was, and 
is, none the less severe, i'he withholding from La- 
bor of any portion of its product in the form of 
profits — unpaid wages — and the private ownership 
by individuals or small groups of persons, of tim- 
ber lands and other forms of property necessary to 
society as a whole, are principles utterly indefensi- 
ble by any argument save that of force. Such legal- 
ly ordained robbery can be upheld only by armies, 
navies, militia, sheriffs and deputies, police and de- 
tectives, private gunmen, and illegal mobs formed 
of, or created by, the propertied classes. Alike in 
the stolen timber, the legally acquired timber, and 
m the Government Forest Reserves, the propertyless 
lumberjacks are unmercifully exploited, and any 
difference in the degree of* exploitation does not 
arise because of the "humanity" of any certain set 


of employers but simply because the cutting of tim- 
ber in large quantities brings about a greater pro- 
ductivity from each worker, generally accompanied 
with a decrease in wages due to the displacement 
of men. 

With the development of large scale logging 
operations there naturally came a development of 
machinery in the industry. The use of water power, 
the horse, and sometimes the ox, gave way to the 
use of the donkey engine. This grew from a crude 
affair, resembling an over-sized coffee mill, to a 
machine with a hauling power equal to that of a 
small sized locomotive. Later on came ''high lead" 
logging and the Flying Machine, besides which the 
wonderful exploits of "Paul Bunyan's old blue ox" 
are as nothing. 

The overhead system was created as a result of 
the additional cost of hauling when the increased 
demand for a larger output of logs forced the erec- 
tion of more and more camps, each new camp being 
further removed from the cities and towns. Today 
its use is almost universal as there remains no tim- 
ber close to the large cities, even the stumps having 
been removed to make room for farming operations. 

Roughly the method of operation is to leave a 
straight tall tree standing near the logging track in 
felling timber. The machine proper is set right at 
the base of this tree, and about ninety feet up its 
trunk a large chain is wrapped to allow the hang- 
ing of a block. From this spar tree a cable, two 
inches in diameter, is stretched to another tree some 
distance in the woods. On this cable is placed what 
is known as a bicycle or trolley. Various other lines 
run back and forth thru this trolley to the engine. 
At the end of one of these lines an enormous pair of 
hooks is suspended. These grasp the timber and 
convey it to the cars. 

The Flying Machine as now used in Western logging. 


Ten to twenty thousand feet of logs a day was 
th;e output of the old bull or horse teams. The don- 
key engine brought it to a point where from seventy- 
five to one hundred thousand could be turned out, 
and the steam skidder doubled the output of the 
donkey. Ordinarily the crew for one donkey engine 
cdnsists of from thirteen to fifteen men, sometimes 
even as high as twenty-five, but this number is re- 
duced to nine or even lower with the introduction 
of the steam skidder. Loggers claim that the high 
lead system kills and maims more men than the 
methods formerly in vogue, but be that as it may, 
the fact stands out quite plainly that as compared 
with a line horse donkey, operated with a crew of 
twenty-five men, the flying machine will produce 
enough lumber to mean the displacement of one 
hundred men. 

At the same time the sawmills of the old type 
have disappeared with their rotary or circular saws, 
dead rollers, and obsolete methods of handling lum- 
ber, and in their place is the modern mill with its 
band saw, shot-gun feed, steam nigger, live rollers, 
and resaw. Nor do the mills longer turn out rough 
lumber to be re-handled by trained specialists and 
highly skilled carpenters with large and costly kits 
of intricate hand tools. Relatively unskilled work- 
ers send, forth the finished products, window sashes, 
doors, siding, etc., carpenters armed only with 
square, hammer and saw, and classed' with un- 
skilled labor, put these in place, and a complete 
house can be ordered by parcel post. 

As is usual with the introduction of new ma- 
chinery and methods where the workers are not 
in control, the actual producers find that all these 
innovations force them to work at a higher rate of 
speed under more hazardous conditions for a lower 
rate of pay. It is true of all industry in the main, 
particularly true of the lumber, industry, and the 
mills of Everett and camps of Snohomish county 
have no exceptions to test this rule. 

The story of Everett has no hint of romance. 
Some time in the Fate seventies the representatives 


of John D. Rockefeller gained possession of a tract 
of land in Western Washington, on Puget Sound, 
about thirty miles north of Seattle. The land was 
heavily timbered and water facilities made it a per- 
fect site for mill and shipping purposes. The Everett 
Land Company was organized, the tract was plott- 
ed, and the city of Everett laid out. The leading 
streets. Rockefeller, Colby, Hoyt, etc., were named 
for these early promoters. Hewitt Avenue was 
given the name of a man who is today recognized 
as the leading capitalist of the state of Washington. 
Even the building of those streets reflected no 
credit upon the city. The work was done by what 
amounted to convict labor. Unemployed workers, 
even tho they were plentifully supplied with money, 
were arrested and without being allowed the alter- 
native of a fine were set to work clearing, grading, 
planking and, later on, paving the streets. Perhaps 
it is too much to expect freedom of speech to be 
allowed on slave-built streets. 

In their articles of incorporation the promoters 
reserved to themselves all right to the ownership 
and control of public utilities, such as water, light 
and power and street railway systems. A mortgage 
of $1,500,000 was placed upon the property. After 
a time the company failed, the mortgage was fore- 
closed and the property purchased by Rucker Broth- 
ers. The Everett Improvement Company was then 
organized with J. T. McChesney as president. It 
held all rights to dispose of public utility franchises. 
The firm of Stone & Webster, the construction, light, 
heat, power and traction trust, secured franchises 
granting them the right to furnish light and power 
for the city of Everett and also to operate the street 
railway system for 99 years. The Everett Improve- 
ment Company owns a dock lying to the south of 
the municipally owned City Dock where the Everett 
tragedy was staged. Thru its alliances the shipping 
of Everett is in the hands of the same group of ca- 
pitalists that control all other public utilities. The 
waterworks was sold to the city but has remained in 
the hands of the same officials who were in charge 


when its title was a private one. Everett operates 
under the commission form of government. 

The American National Bank w-as organized 
with McChesney as president. The only other bank 
of importance in Everett was the First National. 
These two institutions consolidated with Wm. C. 
Butler as president and McChesney as one of the 
directors. The Everett Savings and Trust Company 
was later organized, with the same stockholders 
and under the same management as the First Na- 
tional Bank. The control of every public service cor- 
poration in Everett is directly in the hands of these 
two banks, and, indirectly, thru loans to industrial 
corporations, they control both the lumber and the 
shingle mills of Snohomish County in which Everett 
is situated. 

Everett, the "City of Smokestacks," as its pro- 
moters have named it, is an industrial community of 
approximately 35,000 people. Its main activities 
are the production of lumber and shingles, and ship- 
ping. The practically undiversified nature of its 
economic life binds all those engaged in the employ- 
ment of labor into a common body. The owners of 
the lumber and shingle mills, the owners and of- 
ficials of the banks where the lumber men do busi- 
ness, the lawyers representing the mills and the 
banks, the employers engaged in shipping lumber 
and supplies for the lum))er industry, their lawyers 
and their bank connections, the owners of hardware 
stores that supply equipment for the mills and allied 
industries, all are united by common ties and com- 
mon interests and they all support one policy. Not 
only are they banded together against the wage 
workers but they also oppose the entrance of any 
kind of business that will in any way menace their 
rule. They arose almost as one in opposition to the 
entrance of the ship building industry into Everett, 
despite the fact that it would add measurably to the 
general prosperity of the city, and with a full know- 
ledge that their harbor offered wonderful natural 
facilities for that line of endeavor. In the face of 


an action that threatened their autocratic power 
their alleged "patriotism" vanished. 

In 1912 the Everett Commercial Club was organ- 
ized. In the month of December, 1915, following a 
visit from a San Francisco representative of the 
Merchants and Manufacturers' Association, it was 
re-organized on the Bureau plan as a stock concern. 
Stock memberships were issued to employers and 
business houses and were subsequently distributed 
among the employers and their employes. Member- 
ships were doled out to persons who would be sub- 
servient to the wishes of the small group of capital- 
ists representing the great corporate interests. W. 
W. Blain, secretary of the Commercial Club, testi- 
fied, under oath, that the Everett Improvement Com- 
pany took 25 memberships, the First National Bank 
took 10, the Weyerhouser Lumber Company 10, the 
Clough-Hartley Mill Company 5, the Jamison Mill 
Company 5, and other mills and allied industries 
also purchased memberships in bulk. Organized 
labor, however, had no representation at the Com- 
mercial Club. 

There is nothing in the history of Everett to sug- 
gest the usual spontaneous outgrowth of the honest 
endeavors of hardy pioneer settlers. From the first 
day the Rockefeller interests set foot in the virgin 
forests of Snohomish County up to the present time, 
the spirit of democracy has been crushed by the 
greed and cupidity of this small and powerful group. 

The struggle at Everett was but one of the in- 
evitable phases of the larger struggle that takfes 
place when a class or group that has no property 
comes in contact with those who have monopolized 
the earth and its resources. It was no new, marvel- 
ous, isolated case of violence. It was the normal ac- 
companiment of industry based upon the exploita- 
tion of wage workers, and was of one piece with 
the outbreak on the Mesaba Range, in Bayonne, 
Ludlow, Paint Creek, Paterson, Lawrence, San 
Diego, Fresno, Spokane, Homestead and in count- 
less other places. All these apparently disconnect- 


ed and sporadic uprisings of labor and the accom- 
panying capitalist violence are joined together in 
a whole that spells wage slavery. As one of the 
manifestations of the class conflict, the Everett 
tragedy cannot be considered apart from that age- 
long and world-wide struggle between the takers 
of profits and the makers of values. 




"Shingle-weaving is not a trade; it is a battle. 
For ten hours a day the sawyer faces two teethed 
steel discs whirling around two hundred times a 
minute. To the one on the left he feeds heavy 
blocks of cedar, reaching over with his left hand to 
remove the rough shingles it rips off. He does not, 
he cannot stop to see what his left hand is doing. 
His eyes are too busy examining the shingles for 
knot holes to be cut out by the second saw whirl- 
ing in front of him. 

"The saw on his left sets the pace. If the sing- 
ing blade rips fifty rough shingles off the block 
every minute, the sawyer must reach over to its 
teeth fifty times in sixty seconds; if the automatic 
carriage feeds the odorous wood sixty times into 
the hungry teeth, sixty times he must reach over, 
turn the shingle, trim its edge on the gleaming saw 
in front of him, cut out the narrow strip containing 
the knot hole with two quick movements of his 
right hand and toss the completed board down the 
chute to the packers, meanwhile keeping eyes and 
ears open for the sound that asks him to feed a 
new block into the untiring teeth. Hour after hour 
the shingle weaver's hands and arms, plain, un- 
armored flesh and blood, are staked against the 
screeching steel that cares not what it severs. Hour 
after hour the steel sings its crescendo note as it 
bites into the wood, the sawdust cloud thickens, 
the wet sponge under the sawyer's nose fills with 
fine particles. If *cedar asthma,' the shingle weav- 
.ter's occupational disease, does not get him, the 
steel will. Sooner or later he reaches over a little 


too far, the whirling blade tosses drops of deep red 
into the air, and a finger, a hand or part of an arm 
comes sliding down the slick chute." (*) 

This description of shingle weaving was given 
by Walter V. Woehlke, managing editor of the 
Sunset Magazine, in an article which had as its 
purpose the justification of the murders committed 
by the Everett mob, and it contains no over-state- 
ment. Shingle weavers are set apart from the rest 
of the workers by their mutilated hands and the 
dead grey pallor of their cheeks. 

"The nature of a man's occupation, his daily 
working environment, marks in a large degree the 
nature of the man himself, and cannot help but 
mold the early years, at least, oi his economic or- 
ganization. Men who flirt with death in their daily 
calling become inured to physical uanger, they be- 
come contemptuous of the man whose calling fails 
to bring forth physical prowess. So do they in 
their organizations become irritated and contempt- 
uous at the long-drawn-out process of bargaining, 
the duel of wits and brain power engaged in by the 
more conservative organizations to win working 
concessions. Their motto becomes 'Strike quick and 
strike hard,'* * *" So says E. P. Marsh, President 
of the Washington State Federation of Labor, in 
speaking of the shingle weavers. (*) 

Logging, /no less than shingle weaving, is a 
dangerous occupation. Ijhe countless articles of 
wood in every-day use have claimed their toll of 
human blood. A falling tree or limb, a mis-step on 
the river, a faulty cable, a weakened trestle; each 
may mean a still and mangled form. Time and 
again the loggers have organized to improve their 
working conditions only to find themselves beaten 

(*) Sunset Magazine, February 1917. "The I. W. W. and 
the Golden Rule." 

(*) Supplemental report oh "Everett's Industrial War- 
fare," by President Ernest P. Marsh to State Federation of 
Labor convention held at Everett, Wash., from January 22 
to 26, 1917. 


or betrayed. Playing upon the natural desire of 
the woodsmen for organization, shrewd swindlers 
have formed unions which were nothing more than 
dues collection agencies. Politicians have fathered 
organizations for their own purposes. Unions built 
by the men themselves have fallen into the hands 
of .officials who used them for selfish personal gain. 
Over and over the employers have crushed the em- 
bryonic unions only to see them rise again with 
added strength. Forced by the very necessities of 
their daily lives, the workers always returned to 
the fight with a new and better form of unionism. 

Like the loggers, the shingle weavers were 
routed time and again, but their spirit never died. 
The Everett shingle weavers formed their union as 
a result of a successful strike in 1901. In 1905 they 
were strong enough to resist a proposed reduction 
of wages. In 1906 they struck in sympathy with 
the Ballard weavers, and lost. Within a year the 
defeated union was back as strong as before. By 
1911 the International Shingle Weavers Union had 
attained a membership of nearly 2,000, the majority 
of whom were in accord with the Industrial Work- 
ers of the World. The question of affiliation with 
the I. W. W. was widely discussed and was only 
prevented from going to a referendum vote by the 
efforts of a few officials. Further discussion of the 
question was excluded from the columns of their 
official organ, "The Shingle Weaver," by the Ninth 
Annual Convention. (*) 

Following this slap in the face, the progressive 
members quit the union in large numbers, leaving 
affairs in the hands of conservative and reactionary 
elements. Endeavors were made to negotiate con- 
tracts with the employers; and in 1913 the officials 
secured $30,000 from the American Federation of 
Labor and made a pretense at the organization of 
all workers in the woods and mills into one body. 
This was a move aimed at the Forest and Lumber 

(♦) Vol. 9, No. 2, The Shingle Weaver, Special Conven- 
tion Number, February, 1911. 


Workers of the I. W. W., which was feared alike 
by the employers and the craft union officials be- 
cause of its new strength gained thru the affilia- 
tion of the Brotherhood of Timber Workers in the 
southern states. Instead of gaining ground by the 
move, the shingle weavers union lost in member- 
ship and subsequently claimed that industrial .un- 
ionism was a failure in the lumber industry. 

The industrial depression of 1914-15 found all 
unions in bad shape. Employers used the army of 
unemployed as an axe to cut wages. In the vSpring 
of 1915 notice of a wage reduction was posted in 
the Everett shingle mills. The weavers promptly 
struck. Scabs, gunmen, injunctions, and violence 
followed. The strike failed, the wage reduction 
was made, but the men returned to work relying 
upon a "gentlemen's agreement'* that the employ- 
ers would voluntarily raise the wages of the shingle 
weavers when shingles again sold for what they 
were bringing before the depression. Faith in ag- 
reements had gotten in its deadly work ; the shingle 
weavers believed that the employers meant to keep 
their word. 

In the spring of 1916 shingles soared to a price 
higher than had prevailed for years, but the pro- 
mised raise failed to materialize. With but a skele- 
ton of an organization to back them, a handful of 
determined delegates met in Seattle in April and 
decided to demand the restoration of the 1915 
scale thruout the entire jurisdiction of the Shingle 
Weavers' Union, setting May 1st as the date when 
the raise should take effect. 

At the time set, or shortly thereafter, most of 
the mills in the Northwest paid the scale. Everett, 
where the employers had given their "word of 
honor," refused the strikers' demand. The fight was 
on! The Seaside Shingle Company, which held no 
membership in the Commercial Club, soon granted 
the raise. Many of the other companies, notably the 
Jamison Mill, began the importation of scabs within 
the month. The cry of "outside agitators" was for- 
gotten long enough to go outside in search of no- 


torious gunmen and scab-herders. The slums, the 
hells of Capitalism, were raked with a fine-toothed 
comb for degenerates with a record for lawless de- 
viltry. The strikers threw out their picket line and 
the ever-present class war began to show itself in 
other than peaceful ways. 

During May, June and July the picket line had 
to be maintained in the face of strong opposition by 
the local authorities who were the pliant tools of 
the lumber trust. The ranks of the pickets were 
constantly being thinned by false arrest and im- 
prisonment on every charge and no charge, until on 
August 19th there were but eighteen men on the 
picket line. 

On that particular morning the Everett police 
searched the little handful of pickets in front of the 
Jamison Mill to make sure that they were unarmed, 
and when that fact was determined, they started 
the men across the narrow trestle bridge that ex- 
tended over an arm of the bay. When the pickets 
were well out on the bridge, the imported thugs, 
some seventy in number, personally directed and 
urged on by their employer, Neil Jamison, poured 
in from either side, leaving no means of escape save 
that of making a thirty foot leap into the deep wa- 
ters of the bay, and with brass knuckles and black- 
jacks made an attack upon the defenseless weav- 
ers. The pickets were unmercifully beaten. Robert 
H. Mills, business agent of the Shingle Weavers' 
Union, was knocked down by one of the open- 
shop thugs and kicked in the ribs and face as he 
lay senseless in the roadway. From a vantage point, 
thoughtfully removed from the danger zone, the 
police calmly surveyed the scene. 

When darkness fell that night, the pickets, 
aided by irate citizens, returned to the attack with 
clubs and fists. The tables were turned. The "moral 
heroes" had their heads cracked. Seeing that the 
scabs were thoroly whipped, the **guardians of the 
peace" rushed to the rescue with drawn revolvers. 
In the melee one union picket was shot thru the 


About ten nights later, Mr. Jamison herded his 
scabs into military formation and after a short 
parade thru the main streets led them to the 
Everett Theater; the party being in appreciation 
of their "efficiency.'' This arrogant display in- 
censed the strikers and citizens, and when the scabs 
emerged from the show a near-riot occurred. Mills 
was present and altho too weak from his recent 
injuries to have taken any active part in the fray, 
he was arrested and thrown in jail in default of 
bail. The man who had murderously assaulted him 
at the mill swore out the complaint. Mills was sub- 
sequently tried and acquitted on a charge of incit- 
ing to riot. Nothing was done to his assailant. And 
in none of these acts of violence was the I. W. W, 
in any way a participant. 

During this period there existed a strike of 
longshoremen on the entire Pacific Coast, including 
the port of Everett. The wrath of the employers 
fell heavily upon the Riggers and Stevedores be- 
cause that body was not in sympathy with the idea 
of craft contracts or agreements, and because of 
the adoption by a large majority of a proposal to 
"amalgamate all the unions of the Maritime Trans- 
portation Industry, between the Warehouse at the 
Shipping Point and Warehouse at the Receiving 
Point into one big powerful organization, meeting, 
thinking, and acting together at all times." (*) The 
industrially united employers of the Pacific Coast 
did not relish the idea of the workers grouping 
themselves together along lines similar to those on 
which the owners were associated. The longshore- 
men's strike started on June 1st and was marked 
by more or less serious disorders at various points, 
most of the violence being precipitated by detect- 
ives placed in the unions by the employers. The 
tug boat men were also on strike in Everett, par- 
ticularly against the American Tug Boat Company 

(*) Proposition No. 5, submitted to referendum of mem- 
bership of Pacific Coast District I. L. A., Riggers and Steve- 
dores Local 38, at their annual election on Jan. 6, 1916. 

One of the thousands who donate their fingers to the Lumber 

Trust. The Trust compensated all with poverty and 

some with bullets on November 5, 1916. 


owned by Captain Harry Ramwell. All of the 
unions on strike in Everett were affiliated with the 
A. F. of L. Striking longshoremen from Seattle 
aided the shingle weavers on their picket line from 
time to time, and individual members of the I. W. 
W., holding duplicate cards in the A. F. of L. stood 
shoulder to shoulder with the strikers, but official- 
ly the I. W. W. had no part in any of the strikes. 

Meanwhile in Seattle the I. W. W. had planned 
to organize the forest and lumber workers on a 
scale never before attempted. Calls for organizers 
had been coming in from the surrounding district 
and there were demands for a mass convention to 
discuss conditions in the industry. Yet, strange as it 
may seem to those who do not know of the ebb and 
flow of labor unions, there were at that time less 
than half a hundred paid-up members in the Seattle 
loggers branch, so great had been the depression 
from 1914 to 1916. The conference was set for 
July 4th and five hundred logger delegates respond- 
ed, representing nearly as many camps in the dis- 
trict. Enthusiasm ran high! The assembled work- 
ers suggested the adoption of a plan of district or- 
ganization along lines more in keeping with the 
modern trend of the lumber industry. The loggers' 
union, then known as Local 432, ratified the actions 
of the conference. As a preliminary move it was 
decided that an organizer be secured to make a 
survey of the lumber situation in the surrounding 
territory. General Headquarters in Chicago was 
communicated with, James Rowan was found to be 
available, and on July 31st he was sent to Everett 
to find out the sentiment for industrial unionism at 
that point. 

That night Rowan spoke on Wetmore Avenue 
fifty feet back from Hewitt Avenue, in compliance 
with the street regulations. No mention was made 
of local conditions as Rowan had just come from 
another part of the country and was unaware that 
a shingle weavers strike was in progress. His 
speech consisted mainly of references to the In- 
dustrial Relations Commission Report, a pamphlet 


summarizing that report being the only literature 
offered for sale at the meeting. Toward the end 
of his speech Rowan declared: 

"The A. F. of L. believes in signing agreements 
with the employers. The craft unions regard these 
contracts as sacred. When one craft goes on strike 
th/B others are forced to remain at work. This 
makes the craft unions scab on each other." 

"You are a liar!" cried Jake Michel, an A. F. 
of L. representative, staunchly defending his or- 

From an automobile near the edge of the crowd, 
Donald McRae, Sheriff of Snohomish County, called 
to Michel: 

"Jake, I will run that guy in if you say so." 

"I don't see any need to run him in;" remon- 
strated Michel. "He hasn't said anything yet to 
run him in for." 

Nevertheless McRae, usurping the powers of 
the local police department, made Rowan leave the 
platform and go with him to the ieounty jail. McRae 
was drunk. 

Rowan was held for an hour. Immediately upon 
his release he returned to the corner to resume his 
speech. Police Officer Fox thereupon arrested him 
and took him to the city jail. He was thrown into a 
dark cell for refusing to do jail work, was taken 
into court next morning and absurdly charged with 
peddling without a license, was denied a jury trial, 
refused a postponement, not allowed a chance to 
secure counsel, and was sentenced to thirty days 
imprisonment with an alternative of leaving town. 
No ordinance against street speaking at Wetmore 
and Hewitt then existed. Rowan chose to leave 
town. No time was set as to how long he was to 
remain away. He then left for Bellingham and from 
there went to Sedro-Woolley. Using an assumed 
name to avoid the blacklist he worked at the latter 
place for a short time to familiarize himself with 
job conditions, subsequently returning to Everett. 

Levi Remick, a one-armed veteran of the indus- 
trial war, was next sent to Everett on August 4th 


to act as temporary delegate. He interviewed a 
number of people and sold some literature. Re- 
ceiving orders to stop selling the pamphlets and 
papers, he inquired the price of a peddler's license 
and finding it prohibitive he returned to Seattle to 
secure funds to open an office. A small hall was 
found at 1219 1/2 Hewitt Avenue, a month's rent 
was paid, and on August 9th Remick placed a sign 
in the window and started to sell literature and 
transact business for the I. W. W. 

The little hall remained open until late in Au- 
gust. Migratory workers, strikers, and citizens 
generally, dropped in from time to time to ask 
about the organization or to purchase papers. Sol- 
idarity and the Industrial Worker were particularly 
in demand, the latter paper having commenced 
publication in Seattle on April 1st, 1916. A num- 
ber of Everett citizens, desiring to hear a lecture by 
James P. Thompson, who had spoken in Everett 
without molestation in 1915 and in March and 
April of 1916, made donations to Remick sufficient 
to cover all expenses, and it was arranged that 
Thompson speak on August 22nd. Attempts to se- 
cure a hall met with failure; the halls of Everett 
were closed to the I. W. W. The conspiracy against 
free speech and free assembly was on in earnest ! 
No other course was left but to hold the proposed 
meeting on the street, so Hewitt and Wetmore, the 
spot where the Salvation Army and various religious 
and political bodies spoke almost nightly, was se- 
lected and the meeting advertised. 

Early in the morning on the day before the sche- 
duled meeting. Sheriff McRae, commanding a body 
of police officers over whom he had no official con- 
trol, stormed into the I. W. W. hall and tore from 
the wall all bills advertising Thompson's meeting, 
saying with an oath: 

"That man won't be allowed to speak in Eve- 

Turning to Remick and throwing back his coat 
to display the badge, he yelled: 


"I order you out of this town ! Get out by after- 
noon or you go to jail !" 

McRae was drunk. Stalking out as rapidly as 
his condition would permit he staggered down the 
street to a near-by pool hall where the order was 
repeated to the men assembled therein. These, with 
other workingmen, 25 in all were rounded up, seiz- 
ed, roughly questioned, searched, and all those who 
had no families or property in Everett were forcibly 
deported. That night ten more were taken from the 
shingle weaver's picket line and sent out of town 
without due process of law. Treatment of this kind 
became general. 

''Not a man in overalls is safe!" declared the 
secretary of the Everett Building Trades Council. 
''Men just off the job with their pay checks in their 
pocket have been unceremoniously thrown out of 
town just because they were workingmen." (*) 

Remick closed the little hall and left for Seattle 
the next morning to place the question of the 
Thompson meeting before the Seattle merfibership. 
Shortly before noon Rowan, who had just returned 
to Everett, went to the hall and finding it closed and 
locked he proceeded to open it up. Within a few 
minutes Sheriff McRae, in company with police of- 
ficer Fox, entered the place and ordered Rowan to 
leave town by two o'clock. He then tore up the bal- 
ance of the -advertising matter for the Thompson 
meeting; McRae was drunk. Rowan went to Seattle, 
where the report of this occurrence made the mem- 
bers more determined than ever to hold the meeting 
that night. 

With about twenty other members of the I. W. 
W., Thompson went to Everett. The Salvation Army 
was holding services on the corner. Placing his 
platform even further back from the street inter- 
section Thompson waited until the Army had con- 
cluded and then commenced his lecture. Using the 
Industrial Relations Commission Report as the basis 

(*) Dreamland Rink Meeting, Seattle, Nov. 19th, over 
5,000 in attendance. 


of his talk, he spoke for about twenty minutes with- 
out interruption. Then a body of fifteen policemen 
marched down the street and swung into the crowd. 
The officer in charge stepped up to Thompson and 
requested him to go to see the chief of police at the 
police station. After addressing a few remarks to 
the crowd Thompson withdrew from the platform. 
His place was taken at once by Rowan, who was im- 
mediately dragged from the stand and turned over 
to the same officer who had charge of Thompson 
and his wife. Mrs. Edith Frennette then spoke brief- 
ly and called for a song. The audience responded 
with "The Red Flag," but meanwhile Mrs. Frennette 
and Mrs. Lorna Mahler had been placed under ar- 
rest. In succession several others attempted to 
speak but were pulled or pushed off the stand. The 
police then formed a circle by holding hands around 
those who were close to the platform. One by one 
the citizens were allowed to slip outside the "ring- 
around-a-rosy" until only "desperadoes" were left. 
These made no effort to resist arrest, and were 
started toward the city jail. The officer entrusted 
with Thompson was so interested in his captive that 
Rowan was able to quietly remove himself from the 
scene, returning to the street corner where he spoke 
for more than half an hour before being rearrested. 

Aroused by this invasion of liberty, Mrs. Letelsia 
Fye, an Everett citizen, arose to recite the Declara- 
tion of Independence, but even that proved too re- 
volutionary for the tools of the lumber trust. A 
threatening move on the part of the police brought 
back the thought of her two unprotected children 
and caused her to cease her efforts to declare inde- 
pendence in Everett. 

"Is there a red-blooded man in the audience who 
will take the stand?" called out the gallant little 
woman as she stepped from the platform. Jake 
Michel promptly accepted the challenge and was as 
promptly suppressed by the police at the first men- 
tion of free speech. 

In the jail the arrested persons were searched 
one by one and thrown into the "receiving tank." 


When Thompson's turn came, Commissioner of Pub- 
lic Safety, as Chief of Police Kelly was known under 
Everett's form or government, said to him: 

"Mr. Thompson, I don't want to lock you up." 

"That's interesting," replied Thompson. "Why 
have you got me down here?" 

"We don't want you to speak on the street at 
this time." 

"Have you any ordinance against it, that is, have 
I broken any law?" enquired Thompson. 

"Oh no, no. That isn't the idea," rejoined Kelly. 
"We have strikes on, labor troubles here, and we 
don't want you to speak here at all. You are wel- 
come at any other time, but not now." 

"Well," said Thompson, "as a representative of 
labor, when labor is in trouble is the time I would 
like to speak, but I am not going to advocate any- 
thing that I think you could object to." 

"Now, Thompson," said Kelly, "if you will agree 
to get right out of town I will let you go. I don't 
want to lock you up." 

"Do you believe in free speech?" asked Thomp- 


"And I am not arrested?" 

"No, you are not arrested." 

"Come up to the meeting then," Thompson said 
with a smile, "for I am going back and speak." 

"Oh no, you are not!" — and Kelly kind of laugh- 
ed. "No, you are not!" 

"If you let me go I will go right up to the corner 
and speak, and if you send me out of town I will 
come back," said Thompson emphatically. "I don't 
know what you are going to do, but that's how I 

"Lock him up with the rest!" was the abrupt 
reply of the "Commissioner of Public Safety." 

At this juncture James Rowan was brought in 
from the patrol wagon, and searched. As the of- 
ficers were about to put him in the cell with the 
others. Sheriff McRae called out: 


"Don't put him in there, he is instigator of the 
whole damn business. Turn him over to me/' He 
then took Rowan in his automobile to the county jail 
and threw him in a cell, along with B. E. Peck, who 
had previously been given a "floater'' out of town 
for having spoken on the street on or about August 
15th. McRae was drunk. 

More than half a thousand indignant citizens fol- 
lowed the twenty-one arrested persons to the jail, 
loudly condemning the outrage against their con- 
stitutional rights. Editor H. W. Watts, of the North- 
west Worker, a union and socialist paper published 
in Everett, forcibly expressed his opinion of the sup- 
pression of free speech and was thereupon thrown 
into jail. Fearing a serious outbreak, Michel secured 
permission to address the people surrounding the 
jail. The crowd, upon receiving assurances from 
Michel that the men would be well treated and 
could be seen in the morning, quietly dispersed and 
returned to their homes. 

The free speech prisoners were charged with 
vagrancy on the police blotter, but no formal charge 
was ever made, nor were they brought to trial. Next 
morning, Thompson and his wife, who had return 
tickets on the Interurban, were deported by rail, to- 
gether with Herbert Mahler, secretary of the Seattle 
I. W. W. Mrs. Mahler, Mrs. Frennette and the bal- 
ance of the prisoners were taken to the City Dock 
and deported by boat. At the instigation of McRae, 
and without a court order, the sum of $13. was seiz- 
ed from the personal funds of James Orr and turned 
over to the purser of the boat to pay the fares of the 
deportees to Seattle. Protests against this legalized 
robbery were of no avail; the amount of the fares 
was never repaid. Mayor Merrill of Everett, reply- 
ing to a letter from Mahler, promised that this 
money would be refunded to Orr. His word proved 
to be as good as that of the Everett shingle mill 
owners. Prominent members of the Commercial 
Club lent civic dignity to the deportation by their 
profane threats to use physical force in the event 
that any of the deported prisoners dared to return. 


Upon their arrival in Seattle the deported men 
conferred with other members of the union, telling 
of the beating some of them had received while in 
jail, and as a result there was organized a free 
speech committee composed of Sam Dixon, Dan 
Emmett and A. E. Soper. Telegrams were then sent 
to General Headquarters, to Solidarity and to vari- 
ous branches of the organization, notifying them of 
what had happened. At a street meeting that night, 
Mrs. Frennette, Mrs. Mahler and James P. Thomp- 
son, gave the workers the facts and collected over 
$50.00 for the committee to use in its work. In 
Everett the Labor Council passed a resolution stat- 
ing that the unions there were back of the battle for 
free speech and condemning McRae and the author- 
ities for their illegal actions. The Free Speech Fight 
was on! 

Remick, in the meantime, had returned tt) Eve- 
rett and found that all the literature had been con- 
fiscated from the hall. The day following his return, 
August 24th, Sheriff McRae blustered into the hall 
with a police officer in his train. Leering at Remick 
he exclaimed: 

"You God damn son of a b — , are you back here 
again? Get on your coat and get into that auto!" 

Seizing an L W. W. stencil that was lying on the 
table he tore it to shreds. 

**If anybody asks who tore that up," — bombasti- 
cally — *'tell them Sheriff McRae tore it!" 

Shoving Remick into the automobile with the re- 
mark that jail was too easy for him and they would 
therefore take him to the Interurban and deport 
him, the sheriff drove off to make good his threat. 
McRae was drunk. 

On the corner that night, Harry Feinberg spoke 
to a large audience and was not molested. That this 
was due to no change of policy on -the part of the 
lumber trust tools was shown when secretary Her- 
bert Mahler went to Everett the following day in 
reference to the situation. He was met at the depot 
by Sheriff McRae who asked him what he had come 
to Everett for. *To see the Mayor," answered Mah- 


ler. "Anything you have to say to the Mayor, you 
can say to me," was McRae's rejoinder. After a 
brief conversation Mahler was deported to Seattle 
by the same car on which he had made the trip over. 
McRae was drunk. 

F. W. Stead reopened the hall on the 26th and 
managed to hold it down for a couple of days. Three 
speakers appeared and spoke that night. J. A. Mac- 
Donald, editor of the Industrial Worker, opened 
the meeting. George Reese spoke next, but upon 
commencing to advocate the use of violence he was 
pulled from the platform by Harry Feinberg, who 
concluded the meeting. No arrests were made. 

It was during this period that Secretary Herbert 
Mahler addressed a letter to Governor Ernest Lis- 
ter, informing him of the state of lawlessness exist- 
ing in Everett. A second letter was sent to Mayor 
Merrill and in it was enclosed a copy of the letter to 
Lister. No reply was received to the communication. 

For a time following this there was no inter- 
ference with street meetings. Feinberg spoke with- 
out molestation on Monday night and Dan Emmett 
opened up the hall once more. On Tuesday even- 
ing, the same night as the theater riot, Thompson 
addressed an audience of thousands of Everett citi- 
zens, giving them the facts of the arrests made the 
previous week, and advising the workers against the 
use of violence in any disputes with employers. 

After having been held by McRae for eight days 
without any commitment papers, Rowan was turn- 
ed over to the city police and released on September 
1st. He returned to the street corner and spoke for 
several succeeding nights including ''Labor Day" 
which fell on the 4th. Incidentally he paid a visit 
to the home of Jake Michel and, after industrial 
unionism was more fully explained, Michel agreed 
that the craft union contract system forced scabbery 
upon the workers. Rowan left shortly thereafter for 
Anacortes to find out the sentiment for organization 
in that section. 

This period of comparative peace was due to the 
fact that the lumber barons realized that their ac- 


tions reflected no credit upon themselves or their 
city and they wished to create a favorable impres- 
sion upon Federal Mediator Blackman who was in 
Everett at the request of U. S. Commissioner of La- 
bor Wilson. It was during this time, too, that the 
protagonists of the open shop were secretly mar- 
shalling their forces for a still more lawless and 
brutal campaign. 

Affairs gradually slipped from the hands of the 
Everett authorities into the grasp of those Sno- 
homish County officials who were more completely 
dominated by the lumber interests. 

"Tom," remarked Jake Michel one day to Chief 
of Police Kelley, "it seems funny that you can't 
handle the situation." 

"I can handle it all right," replied Kelley, bitterly, 
"but McRae has been drunk around here for the last 
two or three weeks and he has butted into my busi- 

It was on August 30th that the lumber trust de- 
finitely stripped the city officials of all power and 
turned affairs over to the sheriff. On this point a 
quotation from the Industrial Relations Commission 
Report is particularly illuminating in showing a 
common industrial condition: 

"Free speech in informal and personal inter- 
course was denied the inhabitants of the coal camps. 
It was also denied public speakers. Union organiz- 
ers would not be permitted to address meetings. 
Periodicals permitted in the camps were censored 
in the same fashion. Tht operators were able to use 
their power of summary discharge to deny free 
press, free speech, and free assembly, to prevent 
political activities for the suppression of popular 
government and the winning of political control. I 
find that the head of the political machinery is the 

In Everett the sheriff's office was controlled by 
the Commercial Club and the Commercial Club in 
turn was dominated, thru an inner circle, by the 
lumber trust. Acting for the trust a small committee 
meeting was held on the morning of the 30th with 


the editor of a trust-controlled newspaper, the sec- 
retary of the Commercial Club, two city officials, a 
banker and a lumber trust magnate in attendance. 
A larger meeting of those in control met in the after- 
noon and, pursuant to a call already published in 
the Everett Herald, several hundred scabs, gunmen, 
and other open shop advocates were brought to- 
gether that night at the Commercial Club. 

Commissioner of Finance, W. H. Clay, suggested 
that as Federal Mediator Blackman, an authority 
on labor questions, was in the city it might be well 
to confer with him regarding a settlement. Banker 
Moody said he did not think a conference would be 
advisable as Mr. Blackman might be inclined to lean 
toward the side of the laboring men, and at a re- 
mark by "Governor" Clough, formerly Governor of 
Minnesota and spokesman for the mill owners, to 
the effect that there was nothing to be settled the 
suggestion was not considered further. 

H. D. Cooley, special counsel for a number of the 
mills, Governor Clough, a prominent mill owner, 
and others then addressed the meeting in furtherance 
of the plans already laid. Clough asked McRae if 
he could handle the situation. McRae said he did 
not have enough deputies. 

"Swear in the members of the Commercial Club, 
then!'* demanded Clough. This was done. Nearly 
two hundred of the men whose membership had 
been paid for by the mill owners "volunteered" 
their services. McRae swore in a few and then, for 
the first time in his life, found swearing a difficulty, 
so W. W. Blain, secretary of the Commercial Club, 
who was neither a city nor a county official, admin- 
istered the remainder of such oaths as were taken 
by the deputies. The whole meeting was illegal. 

From time to time the deputy force was added to 
until it ran way up in the hundreds. It was divided 
into sections A, B, C, etc. Each division was assign- 
ed to a special duty, one to watch incoming trains 
for free speech advocates, another to watch the 
boats for I. W. W. members, and others for various 
duties such as deporting and beating up workers. 


This marked the beginning of a reign of terror dur- 
ing which no propertiless worker or union sym- 
pathizer was safe from attack. 

About this same time the Commercial Club made 
a pretense of investigating the shingle weavers' 
strike. Not one of the strikers was called to give 
their side of the controversy, and J. G. Brown, inter- 
national president of the Shingle Weavers' Union, 
was refused permission to testify. The committee 
claimed that the employers could not pay the wages 
asked. An adverse report was returned and was 
adopted by the club. 

Attorneys E. C. Dailey, Robert Fassett, and 
George Loutitt, along with a number of other fair 
minded members who did not favor the open shop 
program, withdrew from membership on account of 
these various actions. Their names were placed on 
the bulletin board and a boycott advised. Feeling 
against the organization responsible for the chaotic 
conditions in Everett finally became so strong that 
practically all of the merchants whose places were 
not mortgaged or who were not otherwise depend- 
ent upon the whims of the lumber barons, posted 
notices in their windows, 


Their names, too, were placed on the bulletin 
board, and the boycott and other devices used in an 
endeavor to force them into bankruptcy. 

Prior to these occurrences and for some time 
thereafter, the club was addressed by emmissaries 
of the open shop interests. A. L. Veitch, special 
counsel for the Merchants' and Manufacturers' As- 
sociation, on one occasion addressed the deputies 
on labor troubles in San Francisco and the methods 
used to handle them. Veitch was later one of the 
attorneys in the case against Thomas H. Tracy, and 
he was employed by the state, it being stipulated 
that he receive no state compensation. H. D. Cooley, 


lumber mill lawyer and former prosecuting attor- 
ney, also spoke at different times on the open shop 
questions. Cooley was likewise an attorney for the 
prosecution in the Tracy case and he, like Veitch, 
was retained by ^'interested parties." Cooley was 
one of the anti-union speakers at a meeting of the 
deputies which was also addressed by F. C. Beach, 
of San Francisco, president of the M. & M., Robert 
Moody, president of the First National Bank of 
Everett, Governor Clough, mill magnate, F. K. 
Baker, president of the Commercial Club, and Col. 
Roland H. Hartley, open shop candidate for the 
nomination as governor of Washington at the pend- 
ing election. Leigh Irvine, of Seattle, secretary of 
the Employers' Association, and Murray, president 
of the National Association of Manufacturers, were 
also active in directing the destinies of the Commer- 
cial Club. 

A special open shop committee was formed, the 
nature of its operations being apparent when the 
following two quotations from its minutes, taken 
from among others of similar purport, are con- 
sidered : 

"Decided to go after advertisements in labor 
journals and the Northwestern Worker." 

"Matter of how far to go on open shop propa- 
ganda at the deputies meeting this morning was 
discussed. Also the advisability of submitting 
pledges. Mr. Moody to take up matter of the le- 
gality of pledges with Mr. Coleman. Note: At de- 
puties meeting all speakers touched quite strongly 
on the open shop, and as far as it was possible to 
see all in attendance seemed favorable." (**) 

Just how far they finally did go is a matter of 
history. At the time, however, there were appro- 
priations made for the purchase of blackjacks, lead- 
ed clubs, guns and ammunition, and for the employ- 

Minutes of Open Shop Committee, Sept. 27th. 

(**) Minutes of Open Shop Committee, October 29. 


ment of detectives, labor spies, and "agents pro- 
vocateur." (*) 

(*) The incidents of the foregoing chapter are corrobo- 
rated by the sworn testimony of prosecution witnesses Donald 
McRae, sheriff of Snohomish County; and D. D. Merrill, Mayor 
of Everett; and by witnesses called by the Defense, W. W. 
Blain, secretary of the Commercial Club: J. G. Brown, Inter- 
national president of the Shingle Weavers' Union; W. H. Clay, 
Commissioner of Finance in Everett; Robert Faussett, Eve- 
rett attorney; Harry Feinberg, one of the defendants; Mrs. 
Letelsia Fye, Everett citizen; Jake Michel, Secretary Everett 
Building Trades Council; Herbert Mahler, Secretary Seattle 
I. W. W. and subsequently secretary of the Everett Prisoners' 
Defense Committee; Robert Mills, business agent Everett 
Shingle Weavers' Union; James Orr, and Levi Remick, I. W. 
W. members; James Rowan, I. W. W. organizer; and James 
P. Thompson, National Organizer for the I. W. W. and a 
speaker of international reputation. 

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No sooner had Mediator Blackman left Everett 
than the "law and order" forces resumed their hos- 
tilities with a bitterness and brutality that seems al- 
most incredible. On September 7th Mrs. Frennette, 
H. Shebeck, Bob Adams, J. Johnson, J. Fred, and 
Dan Emmett were dragged from the platform at 
Hewitt and Wetmore Avenues and were literally- 
thrown into their cells. Next morning Mrs. Fren- 
ette was released but the men were "kangarood" 
for 30 days each. Petty abuses were heaped upon 
them and Johnson was cast into the "black hole" by 
the sheriff. Some of the men were severely beaten 
just before their release a few days afterward. 

When Fred Reed and James Dwyer were arrested 
the next night for street speaking, the crowd of Eve- 
rett citizens, in company with the few I. W. W. 
members present, followed the deputies to the 
county jail, demanding the release of Reed, Dwyer 
and Peck, and those who had been arrested the 
night before. In its surging to and from the "crowd 
pushed over a post-rotted picket fence that had been 
erected in the early days of Everett. This violence, 
together with cries of "You've got the wrong bunch 
in jail! Let those men out and put the 'bulls* in!" 
was the basis from which the trust-owned press 
built up a story of a riot and attempted jail delivery. 
On the same flimsy basis a warrant was issued 
charging Mrs. Frennette with inciting' a riot. 

The free speech committee sent John Berg to 
Everett that same day to retain an attorney for the 
men held without warrants. He secured the services 
of E. C. Dailey, and, while waiting to learn the result 


of the lawyer's efforts, he went to the I. W. W. hall 
only to find it closed. A man was there waiting to 
get his blankets to go to work and Berg volimteered 
to get them for him. He then went to the county 
jail and asked for McRae. When McRae came in 
and learned that Berg wanted to see the secretary 
in order to get the keys to the hall, he yelled out: 

**You are another I. W. W. Throw him in jail, 
the old son-of-a-b — !" 

Without having any charges placed against him. 
Berg was held until the next morning, when McRae 
and a deputy took him out in a roadster to a lonely 
spot on the county road. Forcing him to dismount, 
McRae ordered Berg to walk to Seattle under 
threats of death if he returned, and then knocked 
Berg down and kicked him in the groin as he lay 
prostrate. McRae was drunk. Berg subsequently 
developed a severe rupture as a result of this treat- 
ment. He managed to make his way to Seattle and 
in spite of his condition returned to Everett that 
same night. 

Undaunted by their previous deportations, and 
determined to circumvent the deputies who were 
seizing men from the railroad trains and regular 
boats, a body of free speech fighters, on September 
9th, took the train to Mukilteo, a village about four 
miles from Everett, and there, by pre-arrangement, 
were taken aboard the launch ''Wanderer." 

The little boat would not hold the entire party 
and six men were towed behind in a large dory. 
There were 17 first class life preservers on board, 
the captain borrowing some to supplement his equip- 

When the ''Wanderer" reached a point about a 
mile and a half from the Weyerhouser dock a boat 
was seen approaching. It was the scab tug "Edison," 
belonging to the American Tugboat Company. On 
board was Captain Harry Ramwell, Sheriff McRae 
and a body of about sixty deputies. When the "Edison" 
was about 200 feet away the sheriff commenced 
shooting — but let Captain Jack Mitten tell his own 


*The first shot went over the bow. I don't know 
whether there was one or two shots fired, then there 
was a shot struck right over my head onto the big 
cast iron muffler. The next shot came on thru the 
boat, — I had my bunk strapped up against the wall, 
— and thru the blanket, — and the cotton in the 
blanket turned the bullet, — and it struck flat on the 
bottom of the bunk. 

"I shut the engine down and went out to the 
stern door and just as I stepped out there was a shot 
went right by my head and at the same time McRae 
hollered out and says 'You son-of-a-b — , you come 
over here!' Says I, "It you want me, you come over 
here." With that they brought their boat and my 
boat up together. Six shots in all were fired. * 

**McRae commenced to take the people off the 
boat and when he had them all off he kicked the 
pilot house open and says, 'Oho, there is a woman 
here!' Mrs. Frennette was sitting in the pilot house. 
Anyhow, they took her and he says, 'You'll get a one 
piece suit on McNeil's island for this,' and then he 
says to Cap Ramwell — Cap Ramwell was sitting on 
the side — "This is Oscar Lindstrom, drag him along 

"Then they were going to make fast the line — 
they had made fast my stern line — and as I bent over 
with the line McRae struck me with his revolver on 
the back of the head, and when I straightened up 
he struck me in here, a revolver about that long. 
(Indicating.) I said something to him and then he 
ran the revolver right in here in my groin and he 
ruptured me at the same time. I told him 'It's a fine 
way of using a citizen.' He says, 'You're a hell 
of a citizen, bringing in a bunch like that,' he says, 
'to cause a riot in this town.' I says, 'Well, they are 
all union men anyway.' He says, 'You shut your 
damn head or I will knock it clean off!' and I guess 
he would, because he had whiskey enough in him at 
the time to do it. 

"There was a small man, I believe they call him 
Miller, he saw him standing there and he says, 'You 
here, too?' and he hauled off and struck him in the 


temple and the blood flowed way down over his 
face and shirt. He struck him again and staggered 
him. If he hadn't struck him so he would have gone 
inboard, he would have gone over the edge, close to 
the edge. 

*Then there was a man by the name of Berg, it 

seemed he knowed John Berg. He said, *You , 

I will fix you so you will never come back!' and then 
he went at Berg, but Berg was foxy and kept duck- 
ing his head. He rapped him on the shoulders two or 
three different times, I wouldn't say how often, but 
he didn't draw blood on Berg. (An I. W. W. mem- 
ber named Kurgvel was also beaten on the head and 

**They drove us all in alongside of the boiler be- 
tween the decks, down on the main deck of the 
**Edison" and kept us there till they docked and got 
automobiles and the patrol wagon and filed us off 
into them and took us to jail." 

The arrest of Captain Mitten and acting engineer 
Oscar Lindstrom made twenty-one prisoners in all, 
and these were jailed without any charge being 
placed against them. As Berg was taken into the 
jail, McRae cursed him roundly, ordering two de- 
puties to hold him while a beating was administered 
over the shoulders and back with a leather strap 
loaded with lead on the tip. 

The men were treated with great brutality within 
the jail. One young fellow was asked by the depu- 
ties, "Are you an I. W. W.?" arid each time the lad 
answered "Yes!" he was thrown violently against 
the steel walls of the cell, until his body was a mass 
of bruises. Mitten was denied a chance to communi- 
cate with his Everett friends in order to get bail. 
The nights were cold and the prisoners had to sleep 
on the bare floor without blankets. 

At the end of nine days all the men were offered 
their liberty except Mitten. They promptly refused 
the offer. "All or none!" was their indignant de- 
mand, and Peck and Mitten were set at liberty with 
the rest as a result of thi^ 3hpw of solidarity. 



Upon his release Captain Mitten found that the 
life preservers had been stolen from his boat, and 
the flattened bullet removed from his bunk. Scotty 
Fife, the Port Captain of the American Tugboat 
Company, told Captain Mitten that he had straight- 
ened up the things on the "Wanderer!" 

Thus to the crimes of unlawful arrest, false im- 
prisonment, theft, deportation, assault and physical 
injury, the lumber trust added that of piracy on the 
high seas. And all this was but a taste of what was 
yet to come ! 

Organizer Jaixies Rowan returned to Everett 
from Anacortes on the afternoon of September 11th 
and was met at the depot by three deputies who 
promptly took him to the county jail. There were at 
that time between thirty and forty other members of 
the I. W. W. being unlawfully held. Rowan learned 
that these men had been taken from their cells one 
at a time and beaten by the deputies, Thome and 
Dunn having especially severe cuts on the face and 

Rowan's story of the outrage that followed 
gives a glimpse of the methods employed by the 
lumber trust. 

"As soon as I dropped off the train at Everett I 
was met by three deputies. One of them told me 
the sheriff wanted to see me and I asked if he was 
a deputy. He said, 'Yes,' and showed me a badge. 
Then I went up with two of the deputies to the 
county jail. In a minute or two Sheriff McRae came 
in and he was pretty drunk. He caught hold of me 
and gave me a yank forward, and he says, 'So you 
are back, eh?' and I says 'Yes.' And he says 'We 
are going to fix you so you won't come back any 
more.' There was some more abusive talk and then 
I was searched and put in a cell. 

"Just after dark that night I was taken out of 
the cell, my stuff was given back, and McRae says, 
'We are going to start you on the road to Seattle.' 
With a* deputy he took me out to the automobile and 
McRae drove the automobile, and we had some con- 
versation. McRae seemed to feel very sore because 


I told the people on the street that the jail was 
lousy, and he says *We wanted you to get out of here 
and you would not do it, and now,' he says, 'Now 
instead of dealing with officers you have to deal 
with a bunch of boob citizens, and there is no telling 
what these boobs will do/ There was more talk that 
is not worth repeating and most of it not fit to re- 
peat anyhow. 

**We went out in the country until we came to 
where the road crosses the interurban tracks about 
two miles from Silver Lake and McRae told me to 
get out. He then pointed down the track and says, 
There is the road to Seattle and 'you beat it!' so I 
started down the track. 

*'I hadn't gone far, maybe 50 or 75 yards, when 
I met a bunch of gunmen. They came at me with 
guns. They had clubs and they started to beat me 
up on the head with the butts of their guns and 
with the clubs. They all had handkerchiefs over 
their face except one. They threw a cloth over my 
head and beat me some more on the head with their 
gun butts and then they dragged me thru the fence 
at the right-of-way and went a little ways back 
into the woods. Then they held me down over a log 
about eighteen inches or two feet in diameter. There 
were about a dozen of them I would say. Two or 
three held each arm and two or three each leg and 
there were four or five of them holding guns around 
my ribs — ^they had the guns close around my ribs 
all the time, several of them — and they tore my 
clothes off, tore my shirt and coat off. Then one of 
them beat me on the back, on the bare back with 
some kind of a sap, I don't know just what kind it 
was, but I could hear him grunt every time he was 
going to strike a -blow. I was struck fifty times or 

"After he got thru beating me they went back to 
the fence toward the road and I picked up my 
scattered belongings and went down to Silver Lake, 
taking the first car to Seattle." • 

Rowan exhibited his badly lacerated and bruised 
back to several prominent Seattle citizens, and then 

Organizer James Rowan; 
Showing his back lacerated by Lumber Trust thugs. 


had a photograph made, which was widely cir- 
culated. Contrary to the expectation of the lumber 
barons this treatment did not deter free speech 
fighters from carrying on the struggle. Instead, it 
brought fresh bodies of free speech enthusiasts to 
the scene within a short period. 

The personnel of the free speech committee 
changed continually because of the arrest of its 
members. On Sunday, September 10th, at a mass 
meeting in Seattle Harry Feinberg and William 
Roberts were elected to serve. Roberts had just 
come down from Port Angeles and desired to in- 
vestigate conditions at first hand, so in company 
with Feinberg he went to Everett on the 11th. They 
met Jake Michel, who telephoned to Chief of Police 
Kelley for permission to hold a street meeting. 

'*I have no objection to this meeting,*' replied 
Kelley, ''but wait a minute, you had better call up 
McRae and find out." 

Attempts to reach McRae at the Commercial 
Club and the sheriff's office met with failure. Mean- 
while Feinberg had gone ahead with the meeting, 
the following being his sworn statement of what 
transpired : 

"I went to Everett at 7:30 Monday night. I got 
a box and opened a meeting for the I. W. W. There 
must have been three thousand people on the corner, 
against buildings and looking out of the windows. 

"I spoke about 35 minutes, with the crowd bois- 
terous in their applause. Three companies of de- 
puties and vigilantes, about one hundred and fifty 
thugs in all, marched doVn the street and divided 
up in three companies. One of the deputies came up 
and told me he wanted me and grabbed me oflf the 

"They took me up to the jail, took my descrip- 
tion, and my money and valuables, which were not 
returned. By that time Fellow Worker Roberts was 
brought in. A drunken deputy came in and grabbed 
me by the coat and dragged me out of the jail, with 
the evident permission of the officers. The vigilantes 
proceeded to beat me up on the jail steps. There 


were anyway fifty deputies waiting outside and all 
of them crowded to get a chance to hit me. They 
gave me a chance to get away finally and shot after 
me, or in the air, I could not tell which, but I was 
not hit by the bullets." 

The sworn statement of William Roberts corro- 
borated the foregoing: 

"I took the box after Fellow Worker Feinberg 
had been arrested. The crowd were extreme in their 
hostility to the lawlessness of the officers. I told 
them to keep cool, that the I. W. W. would handle 
the situation, in their own time and way. They ar- 
rested me, and, right there, they clubbed me on the 
head. They brought me to the jail, where Feinberg 
was at the desk. They took me out of the jail and 
threw me into the bunch of vigilantes with clubs. 
They started beating me around the body. One of 
them said: *Do anything, but don't kill him!' 

"Finally one of them hit me on the head and I 
came out of it and as I was getting away they shot 
in the air. A bunch of them then jumped into an 
automobile, came after me and again clubbed me. 
One of them knocked me out for ten minutes, ac- 
cording to one of the women who were watching. 

*' While we were in the jail, two men we did not 
know were brought into the jail with their heads 
cut open. The vigilantes were clubbing women right 
and left, and a young girl, about eight years of age, 
had her head cut open by one of Sheriff McRae's 
Commercial Club tools." 

Roberts ran down the street to the interurban 
depot, where he hid behind a freight car until just 
before the car left for Seattle. Feinberg, with his 
face and clothing covered with blood, got on the 
same car about a mile and a half from Everett and 
the two returned to Seattle. 

John Ovist, a resident of Mukilteo who had join- 
ed the I. W. W. in Everett on Labor Day, got on the 

box and said, "Fellow comrades " but got no 

further. He was knocked from the box. Ovist 
states: "Mr. Henig was standing alongside of me 
when Sheriff McRae came up and cracked him over 


the forehead with a club. I don't know what else 
happened to him for just then Sheriff McRae came 
in front of me and pushed the fellow off the box. 
When the two fellows were arrested I started to 
speak and McRae took me and turned me over to 
one of them — I don't know what you call them — 
deputies, or whatever they are. He had a white 
handkerchief around his neck and he took me to- 
ward the county jail. There was a policeman stand- 
ing in front of the jail. If I am not mistaken his 
name is Ryan, a short heavy-set fellow. I walked by 
him. Of course, I never thought he was going to hit 
me, but I felt something over behind. He hit me 
with a club behind the ear and cut my head until 
it was bleeding awful." 

**When we came to the county jail, Henig, he 
was in there already. His face was red and he was 
full of blood. And they took us into the toilet to 
have us wash the blood off, and when I came back I 
heard screams and pounding. 

*Then the sheriff recognized me, he had been 
down in Mukilteo before, and he says, 'What are 
you doing up here?' I said, 'Well, I didn't come up 
here, they brought me up here.' He says, *You are 
a member of the I. W. W., too.' So I told him, I 
don't see why I should come and ask you what or- 
ganization I should belong to!' So he opened t^e 
gate and says, 'Here is a fellow from Mukilteo,' he 
says. 'Beat it!' And I seen, I guess — a hundred and 
fifty or maybe two hundred, I didn't have time to 
count them, right out back of the jail lined up in 
lines on either side. And I had to run between them 
and come out the other end. They banged me on 
the head with clubs, and all over. I looked bad and 
I felt worse. I had blue marks on my shoulders and 
on my hips and under my knees. 

"I got thru them and there was a couple ran 
after me, but I beat it ahead of them. I guess they 
intended to club me. I ran down to that depot 
where the electric car goes thru to Seattle and then 
I turned to look around because the car was at 
Hewitt and Colby, and as I went down the walk two 


men stopped me and asked me if I hadn't had 
enough. They told me to beat it, and as I turned 
around the same policeman, Ryan, I think his name 
is, hit me on the forehead and then pulled his gun 
and said, 'Beat it!' He was drunk and they were 
all swearing at me. 

"After I got a block or so, there were two or 
three shots. I walked two more blocks and then 
was so dizzy I had to rest. Finally I walked further 
and an automobile came past me and I tried to holler 
but they didn't hear me. And then I walked a little 
further and the stage came along and they picked 
me up." 

Eye witnesses declared that officer Daniels was 
one of those who fired shots at the fleeing men after 
they had been forced to run the gauntlet. 

Frank Henig, an Everett citizen, tells what hap- 
pened in these words: 

"I will start from the time I left the house. My 
wife and I, and the little baby were going to the 
show. When we got on Wetmore there was a big 
crowd standing there. I had worked the night be- 
fore in the mill and I had cedar asthma, so I said to 
my wife, *I would like to stay out in the fresh air/ 
And she said, 'All right, I will meet you at nine 
o'clock at Wetmore and Hewitt.' 

"There was quite a crowd and I got up pretty 
close in front so I could hear the speaker. I stood 
there a little while and finally the sheriff came along 
with a bunch of deputies, and the speaker said, 
'Here they come, but now people, I will tell you, 
don't start anything, let them start it.' 

'■They took him off the box and arrested a 
couple of others with him, and then immediately 
after that the Commercial Club deputies came along 
in a row. They had white handkerchiefs around 
their necks. So I looked out there and the crowd 
commenced to yell and cheer like, and McRae got 
excited and started toward me, saying, 'We have 
been looking for you before.' When he said that 
I stopped — before that I had tried to get farther 
back — I stopped and he got hold of me. Meanwhile 


Commissioner Kelley came up and took care of me 
and McRae walked away a little way. Kelley had 
hold of my right arm and he pinched me a little bit. 
and I said 'Let go Kelley and I will go with you/ 

"We stood there a few minutes longer and Mc- 
Rae came back. Kelley said 'Come along with me/ 
and just as I said 'All right/ McRae grabbed me by 
thp coat and hit me on the head with a black club 
fastened to his strap with a leather thong. I was 
looking right at him and he knocked me unconsci- 
ous. Then Kelley picked me up and shook me and 
I came to again, and I fell over the curb of the side- 

"Kelley then turned me over to Daniels, a police- 
man in Everett, and he turned me over to a couple 
of Commercial Club deputies. Then Fred Luke 
came along and said, 'I will take care of him.* So 
we walked a little ways and he said, 'You better go 
to the doctor and have that dressed.* I said to him, 
'Oh, I guess it ain't so bad,' and so he said, 'Come 
along with me and we will wash up at the jail.* I 
said, 'All right,* and while I was going up the steps to 
the jail, why a policeman by the name of Bryan or 
something like that, — a little short fellow, well any- 
how he got canned off the force for being drunk, 
that is how I heard of him, — when I was kind of 
slow walking along because I was bleeding pretty bad. 
he said, 'Hurry up and get in there, you low-down, 

dirty son-of-a-b !* And I answered, 'I guess I 

ain*t arrested, I don't have to hurry in there.* So he 
cursed some more. 

"I went into the jail and washed up and came 
back into the office of the county jail. The fellows 
that they had arrested were sitting in the chairs and 
McRae came in and grabbed one of the I. W. W.*s 
— I guess they were L W. W.'s, anyway one of them 
'that was arrested — and he says, 'What in hell are 
you doing up here, don't you know I told you to keep 
away from here?' and while he was going in the 
door into the back office I saw him haul off with his 
sap, but I don't see him hit him, but the little fellow 
cried like a baby. 


"McRae came back and he looked at me and 
said, *What in hell are you doing up here?' I 
didn't know what to say for a little while and then 
I said, 1 didn't do nothing, Mac, I don't see what you 
wanted to sap me for.' And he said, *I didn't sap 
you,' he said, *Kelley hit you.' Then I said to him, 
*My wife says for me to meet her down at the corner 
of Wetmore and Hewitt at nine o'clock and I would 
like to go down there and meet her.' So he said, 
*A11 right, you go; you hurry and go.' I was going 
out the front door and he said, 'No, don't go out 
there. If you go out there, they will kill you!' He 
led me to 'the back door of the jail, I don't know 
where it was, I never was in jail in my life before, 
and he said, 'Hurry and beat it, and pull your hat 
down over your head so they wont know you.' But 
when I got to town everybody knew, because there 
was blood still running all over my face after I 
washed up." 

Henig endeavored to prosecute McRae for his 
illegal and unwarranted assault but all attempts to 
secure a warrant met with failure. Lumber trust 
law operates only in one direction. 

In this raid upon the meeting McRae smashed 
citizens right and left, women as well as men. He 
was even seen to kick a small boy who happened to 
get in his path. Deputy Sam Walker beat up Harry 
Woods, an Everett music teacher; another deputy 
was seen smashing an elderly gentleman on the 
head; still another knocked Mrs. Louise McGuire, 
who was just recovering from a sprained knee, into 
the gutter; and Ed Morton, G. W. Carr and many 
other old-time residents of Everett were struck by 
the drunken Commercial Club thugs. 

Mrs. Leota Carr called up Chief of Police Kelley 
next morning, the following being an account of the 
conversation that ensued: 

**I said, 'What are you trying to kill my husband 
for?' and he kind of laughed and said he didn't be- 
lieve it, and I said, 'Did you know they struck him 
over the head last night and he could hardly go to 
work today?' He said, 'My God, they didn't strike 


him, did they?' and I said, They surely did!' And 
he said 'Why there isn't a better man in town than 
he is,' and I said, 1 know it.' It surprised me to 
think that he thought I didn't know it myself. And 
then I said. These here deputies are making more 
I. W. W.'s in town than the I. W. W.'s would in fifty 
years.' And he said, *I know it.' Then I said, 'Why 
do you allow them to do it? You are the head of the 
police department.' He replied, 'McRae has taken 
it out of my hands; the sheriff is ahead of me and 
it is his men who are doing it, and I am not to 
blame.' " 

At the city park four nights after th'is outrage, 
only one arrest for street speaking having occurred 
in the meantime, the aroused citizens of Everett met 
to hear Attorney E. C. Dailey, T. Webber, and vari- 
ous local speakers deal with the situation, and to 
view at first hand the wounds of Ovist, Henig and 
other towns people who had been injured. Thousands 
attended the meeting, and disapproval of the ac- 
tions of the Commercial Club and its tools was 
vehemently expressed. 

This remonstrance from the people had some 
effect. The Commercial Club, knowing that all 
arrests so far had been unlawful, took steps to "le- 
galize" any further seizing of street speakers at 
Hewitt and Wetmore Avenues. The lumber inter- 
ests issued an ordinance preventing street speaking 
on that corner. The Mayor signed it without ever 
putting it to a reading, thus invalidating the propos- 
ed measure. This made no difference ; henceforth it 
was a law of the city of Everett and as such was 
due to be enforced by the lumber trust. 

During the whole controversy there had not 
been an arrest made on the charge of violation of 
any street speaking ordinance. With the new ordi- 
nance assumed to be a law, Mrs. Frennette went to 
Everett and interviewed Chief Kelley. After telling 
him that the I. W. W. members were being disturb- 
ed and mistreated by men who were not in uniform, 
she said: 


"It seems that there is an ordinance here against 
street speaking and we feel that it is unjust. We 
feel that we have a right to speak here. We are not 
blocking traffic and we propose to make a test of 
the ordinance. Will you have one of your men ar- 
rest me or any other speaker who chooses to take the 
box, personally, and bring me to jail and put a 
charge against me, and protect me from the vigil- 
antes who are beating the men on the street?" 

Kelley replied that so far as he was concerned 
he would do the best he could but McRae had prac- 
tically taken the authority out of his hands and that 
he really could not guarantee protection. So a legal 
test was practically denied. 

Quiet again reigned in Everett following the 
brutalities cited. A few citizens were manhandled 
for too openly expressing their opinion of mob meth- 
ods and several wearers of overalls were searched 
and deported, but the effects of bootleg whiskey 
seemed to have left the vigilantes. 

On Wednesday ,Sept. 26th, a committee of 2000 
citizens met at the Labor Temple and arranged for 
a mass meeting to be held in the public park on the 
following Friday. The meeting brought forth 
between ten and fifteen thousand citizens, one-third 
of the total population at least, who listened to 
speakers representing the I. W. W., Socialists, trades 
unions and citizens generally. Testimony was given 
by some of the citizens who had been clubbed by the 
vigilantes. Recognizing the hostile public opinion. 
Sheriff McRae promised that the office of the I. W. 
W. would not again be molested. As he had lied be- 
fore he was not believed, but, as a test. Earl Osborne 
went from Seattle to open up the hall once more. 

For a period thereafter the energies of the de- 
puties were given to a course of action confined to 
the outskirts of the city. Migratory workers travel- 
ing to and from various jobs were taken from the 
trains, beaten, robbed and deported. As an ex- 
ample of McRae's methods and as depicting a phase 
of the life of the migratory worker the story of 
"Sergeant" John J. Keenan, sixty-five years old, 


and still actively at work, is of particular interest: 

"I left Great Falls, Mont., about the 5th of Sep- 
tember after I had been working on a machine in 
the harvest about nine miles from town. The boys 
gathered together — they were coming from North 
Dakota — and we all came thru together. We had 
an organization among ourselves. We carried our 
cards. There was a delegate with us, a field dele- 
gate, and I was spokesman, elected by the rank and 
file of the twenty-two. There was another division 
from North Dakota on the same train with us, going 
to Wenatchee to pick apples. We were going to 
Seattle. I winter in Seattle every year and work 
on the snow sheds. 

'*We carried our cooking utensils with us, and 
when we got off at a station we sent our committee 
of three and bought our provisions in the store, and 
two of the cooks cooked the food, and we ate it and 
took the next train and came on. This happened 
wherever we stopped. 

"We arrived in Snohbmish, Wash., on Sept. 23rd 
at about 8 :45 in the morning. When the committee 
came down I sent out and they brought me back the 
bills— I was the treasurer as well — one man carried 
the funds, and they brought back $4.90 worth of 
food down, including two frying pans, and when I 
was about cooking, a freight train from Everett pull- 
ed in and a little boy, who was maybe about ten 
years old, he says, 'Dad, are you an I. W. W.?' I 
says, *I am, son.' 'Well,' he says, 'there are a whole 
bunch of deputies coming out after you.' I laughed 
at the boy, I thought he was joshing me. 

"About half an hour after the boy told me this 
the deputies appeared. In the first bunch were 
forty-two, and then Sheriff McRae came with more, 
making altogether, what I counted, sixty-four. The 
first bunch came around the bush alongside the rail- 
road track where I was and the sheriff came in 
about twenty minutes later with his bunch from the 
opposite way. 

"In the first bunch was a fat, stout fellow with 
two guns. He had a chief's badge — a chief of police's 


badge — on him. He was facing toward the fire and 
he says, If you move a step, I will fill you full of 
lead!' I laughed at him, says I, *What does this out- 
rage mean?' There was another old gentleman with 
a chin beard, fat, middling fat, probably my own 
age, and he picked up my coat which was lying 
alongside me and looked at my button. He says, 
'Oh, undesirable citizen!'- I says, 'What do you 
mean?' He says, 'Are you an I. W. W.?' I says, 'I 
am, and I am more than proud of it!' 'Well,' he says, 
'we don't want you in this county.' I says, 'Sure?' 
He says, 'Yes.' I says, 'Well, I am not going to stay 
in this county, I am going to cook breakfast and go 
to Seattle.' He says, 'Do you understand what this 
means?' I says, 'No.' He says, 'The sheriff will be 
here in a few minutes and he will tell you what it 
means.' I heard afterward that this man was the 
mayor of Snohomish. 

"I was sitting right opposite the fire wtih my 
coffee and bread and meat in my hand when Sheriff 
McRae came up and says, 'Who is this bunch?' So 
a tall, black deputy, a tall, dark complected fellow, 
says, 'They are a bunch of harvest hands coming 
from North Dakota.' McRae says, 'Did you search 
these men?' And he says, 'Yes.' 'Did you find any 
shooting arms on them?' He says, 'No.' They had 
searched us and we had no guns or clubs. 

"McRae then asked, 'Who is their leader?' and 
this old gentleman that spoke to me first, he says, 
'They have no leader, but that old man over there 
is the spokesman.' So he came over to me and says, 
'Where are you going?' I says, 'I am going to 
Seattle.' Then he used an expression that I don't 
think is fit for ladies to hear. I says, 'My mother 
was a lady and she never raised any of us by the 
name you have mentioned, and,' I says, 'I don't think 
I have done anything that I will have to walk out of 
the county.' He says, 'Do you see that track?' I 
says, 'Yes.' He says, 'Well, you will walk down that 
track!' I says, 'But for these twenty-one men that 
are here in my hands I wouldn't walk a foot for 
you.' He says, 'You get out. I am going to shoot all 


these things to pieces.' I says, *You will shoot no- 
thing to pieces, I bought them with my hard-earned 
money/ He says, *A11 right, take them with you/ 
Then he shot up the cans and things, and he says, 
*That is the track to Seattle and you go up it, and if 
I ever catch you in this county again you will get 
what you are looking for/ 

"So we walked up the hill toward Seattle and 
there is a town, I think they call it Maltby, and we 
got there between four and five o'clock in the even- 
ing. Fellow Worker Thornton, Adams and Love 
were the committee men and they asked me how I 
felt. I told them my feet were pretty sore. 

"I went over to the station agent and found out 
that there was a freight due at 9:30 but that some- 
times it didn't get in until three in the morning. I 
then asked permission to light a fire and cook some 
coffee, and after we were thru eating we lay down. 

"About 9:30 the train came along and I called 
the men. As the train was backing up I saw some 
light come, and one auto throwing her searchlight, 
and I counted four automobiles. That is all I could 
count but there were a whole lot of them coming. 
I says, 'Men, we have run up against a stone wall.' 

"Fellow Worker Love and I — he came off the 
machine with me in Great Falls — we were first in 
line and Sheriff McRae and two other men with 
white handkerchiefs around their necks came for- 
ward first and he says, 'You son-of-a-b , I 

thought you were going to Seattle?' I says, 'Ain't 
I going to Seattle? I can't go till the train goes,' 
I says, 'you've had me walking now till I have no 
foot under me. What do you mean by this outrage? 
My father fought for this country and I have a right 
here. I am on railroad property and have done no- 
thing to anybody.' McRae then hit Fellow Worker 
Love on the head and I yelled 'Break and run, men, 
or they will kill you!' He turned around then and 
he said to me, 'You dirty old Irish bastard, now I 
will make you so you can't run. I'll show you!' 
With that he let drive and hit me, leaving this three 
cornered mark here (indicating place on head). 


And when the others went up the track he says, 
'Get now, God damn your old soul, or I will kill you!' 
I says, 'Sheriff, look here, you are a perfect gentle- 
man, you are, to hit a fellow old enough to be your 
father.' He made as if to hit me again and then 
Fellow Worker Love came back and says, 'Have a 
heart!* I says 'You run,' and he says 'No, they are 
not going to kill you while I am here/ And Fellow 
Worker Paterson came back down the track and I 
says, 'What is the matter, Paterson, are you crazy? 
Get the men and tell them to go over the line. Don't 
stay in this county or they are liable to murder you!' 
Then Love and I went off the track into the thick 
bushes and lay down till next morning. 

"At daylight we got up, went down to the junc- 
tion and gathered up fifteen of the men. When the 
train pulled in the trainman asked me where I was 
going and I said I was going to Seattle. He says, 
'Do you carry a card?' "Yes,' says I. 'Produce!' 
says he. That is the word the trainmen use. So I put 
my hand in my pocket and pulled it out. 'You better 
get back in the caboose, you are hurt,' he said. He 
saw the blood where Fellow Worker Love had ban- 
daged my head with his handkerchief. 'No,' says I, 
'Where the men are riding is good enough for me.' 
So we went to where the interurban comes in and I 
was seven men short. I paid two-fifty into Seattle, 
and we came in, and I made a report to the Seattle 

Incidents similar to this were of almost daily 
occurrence, scores of deportations taking place dur- 
ing the month of September. Then on the 26th, 
despite his promises to refrain from molesting the 
hall^ McRae entered the premises, forcibly seized 
Earl Osborne, the secretary, took him a long dis- 
tance out in the country, and at the point of a gun 
made him start the thirty-mile trip on foot to 
Seattle. On the 29th of September the Everett au- 
thorities arrested J. Johnson and George Bradley in 
Seattle. Johnson was held on an arson charge but 
no legal warrant for his arrest was issued until Oc- 
tober 17th, or until he had been in jail for nineteen 


days. Then the charge against him was that he had 
set fire to a box factory — but this was soon changed 
when it was learned by the authorities that the box 
factory had not caught fire until after Johnson was 
in jail, and for the first charge they substituted the 
claim that Johnson had burned the garage of one 
Walter Smith, a scab shingle weaver deputy. George 
Bradley, who had been deported from Everett after 
having served one day as secretary, was accused of 
second degree arson as an alleged accomplice. Each 
man was told that the other had confessed and the 
best thing to do was to make a clean breast of mat- 
ters, but this scheme of McRae's fell thru for two 
reasons: the men were not guilty, and they had 
never seen or heard of each other before. Johnson 
was in jail fifty-eight days without a preliminary 
hearing. Both men were released on property bonds, 
and the trials were ''indefinitely postponed," that 
still being their status at this writing. 

No further attempts were made to open the hall 
after Osborne's deportation until October 16th when 
the organization in Seattle again selected a man to 
act as secretary in Everett. Thomas H. Tracy took 
charge on that date, remaining in Everett until a 
few days prior to November 5th, at which time he 
resigned, his place being taken by Chester Micklin. 

During the month of October there were be- 
tween three and four hundred deportations, the 
vigilantes operating mainly from the Commercial 
Club. Many of these ''slugging parties" were at- 
tended by Mayor D. D. Merrill, Governor Clough, 
Captain Harry Ramwell, T. W. Anguish, W. R. 
Booth, Edward Hawse, and other "pillars of society" 
in Everett. Most of the men were deported without 
any formalities whatever, and the methods used in 
handling the others may well be judged by frequent 
entries on the police blotter to the effect that men 
arrested by Great Northern detective Fox were 
ordered turned over to Sheriff McRae by Mayor 
Merrill. The railroad company, acting in conjunc- 
tion with the lumber trust, put on a private army, 
and had its men roughly dressed to resemble honest 


workingmen. Cases of "hi-jacking" became quite 
numerous about this time, but no redress from this 
highway robbery could be had. 

On the question of the hiring of armed forces by 
the railroads the Industrial Relations Commission 
Report has this to say : 

"Under the authority granted by the several 
states the railroads maintain a force of police, and 
some, at least, have established large arsenals of 
arms and ammunition. This armed force, when aug- 
mented by recruits from detective agencies and em- 
ployment agencies, as seems to be the general prac- 
tice during industrial disputes, constitutes a private 
army clothed with a degree of authority which 
should be exercised only by public officials; these 
armed bodies, usurping the supreme functions of the 
state and oftentimes encroaching on the rights of 
citizens, are a distinct menace to public welfare." 

A number of the men deported during Septem- 
ber and October were not members of the I. W. W., 
some even being opposed at the time to the tenet of 
the organization, "The working class and the em- 
ploying class have nothing in common," but almost 
without exception the non-members who suffered 
deportation made it a point to join the union when 
the nearest branch or field delegate was reached. 
In Everett, delegates working quietly among the 
millmen, longshoremen, and other workers, were 
also getting numerous recruits as the class struggle 
stood forth in its naked form. All the efforts of the 
lumber trust to suppress the I. W. W. were as tho 
they had tried to quench a forest fire with gasoline. 

It was on October 30th that forty-one men left 
Seattle by boat in a determined effort to reach the 
corner of Hewitt and Wetmore Avenues in order to 
test the validity of the alleged ordinance prohibit- 
ing free speech at that point. They were the first 
contingent of an army of harvesters who were just 
returning from a hard season's labor in the fields 





and orchards. The party was double the size of 
any free speech, group that had tried to enter Ever- 
ett at any previous time. 

They were met at the dock by a drunken band of 
deputies-, most of whom wore white handkerchiefs 
around their necks as a means of identification. 
The deputies were armed with guns and clubs, and 
they outnumb'ered the I. W. W. body five to one. 
Several of the lawless crew were so intoxicated they 
could scarcely stand, and one in particular had to 
be forcibly restrained by his less drunken associates 
from attempts to commit murder in the open. The 
I. W. W. men were clubbed with gun butts and load- 
ed clubs whenever their movements were not swift 
enough to suit the fancies of the drunken mob. John 
Downs' face was an indistinguishable mass of blood 
where Sheriff McRae had **sapped up" on him and 
split open his upper lip. Boat passengers who re- 
monstrated were promised the same treatment un- 
less they kept still. In its mad frenzy the posse 
struck in all directions. So blindly drunk and hys- 
terical was deputy Joseph Irving that he swung his 
heavy revolver handle with full force onto the head 
of deputy Joe Schofield. He continued the insane 
attack, while McRae, awry-eyed and lusting for 
blood, assisted in the brutal task until warning cried 
from the other vigilantes showed them their mis- 
take. Schofield was carried to an automobile and 
hastened to the nearest drug store, where it was 
found necessary to call a physician to take three 
stitches to bind together the edges of the most severe 

The prisoners were loaded into large auto trucks 
and passenger cars, more than twenty of which were 
lined up in waiting, and were taken out to a lonely 
wooded spot near Beverly Park on the road to 
Seattle. McRae, with deputies Fred Luke, William 
Pabst and Fred Plymale, took one I. W. W. out in 
their five-passenger Reo, McRae afterward endeav- 
ored unsuccessfully to prove an alibi because his 
own car was in a garage. Deputy Sheriff Jefferson 
Beard also took out a prisoner. 


Upon their arrival at Beverly the prisoners were 
made to dismount at the point of guns and stand in 
the cold drizzling rain until their captors had form- 
ed two lines reaching from the roadway to the inter- 
urban tracks. There in the darkness the men were 
forced to run stumbling over the uneven ground 
down a gauntlet that ended only with the cruel 
sharp blades of a cattle guard, while on their un- 
protected heads and shoulders the drunken outlaws 
rained blow after blow with gun-butts, black-jacks, 
loaded saps and pick-handles. In the confusion one 
boy escaped from Ed Hawse, but before he could 
get away into the brush this bully, weighing about 
260 pounds, bore down upon him, and with a couple 
of other deputies proceeded to beat him well-nigh 
into insensibility. Deputies who lost their clubs in 
the scramble aimed kicks at the privates of the men 
as they passed down the line. Deputy Fred Luke 
swung at one man with such force that the leather 
wrist thong parted and the club disappeared into 
the woods. With drunken deliberation Joseph Ir- 
ving cracked the head of man after man, informing 
each one that they were getting an extra dose be- 
cause of his mistake in beating up a brother deputy. 
In the thick of it all, smashing, kicking, and scream- 
ing obscene curses at the helpless men and boys 
who dared demand free speech within the territory 
sacred to the lumber trust, was the deputy-sheriff 
of Snohomish County, Jefferson E. Beard! 

A few of the men broke the lines and ran into 
the woods, a bullet past their heads warning others 
from a like attempt. Across the cattle guard, often 
sprawling on hands and knees from the force of the 
last blows received, went the men who had cleared 
the gauntlet. Legs sank between the blades of the 
guard and strained ligaments and sprained ankles 
were the result. 'One man suffered a dislocated 
shoulder at the hands of a Doctor Allison, another 
had the bridge of his nose broken by a blow from 
McRae, and dangerously severe wounds and bruises 
were sustained by nearly all of the forty-one. 

So horrible were the moans and outcries of the 


stricken men, so bestial were the actions of the in- 
furiated deputies, that one of their own number, W. 
R. Booth, sickened at the sight and sound, went 
reeling up the roadway retching as he left the 
brutal scene. 

Attracted by the curses of the deputies, the 
sound of the blows, and the moans and cries of the 
wounded men, Mrs. Ruby Ketchum came to the door 
of her house nearly a quarter of a mile away, and 
remained there listening to the hideous din, while 
her husband, Roy Ketchum,- and his brother. Lew, 
went down to the scene of the outrage to invest- 
igate. The Ketchum brothers reported that the de- 
puties were formed in two lines ending in six men, 
three on each side of the cattle guard. A man would 
be taken out of the car and two deputies would join 
his arms up behind him meanwhile hammering his 
unprotected face from both sides as hard as they 
could strike with their fists. Then the man was 
started down the line, one deputy following to club 
him on the back to make him hurry, and the other 
deputies striking with clubs and other weapons and 
kicking the prisoner as he progressed. Just before 
reaching the cattle guard he was made to run, and, 
in crossing the blades, the three men on the east 
side of the track would swing their clubs upon his 
back while the men on the west clubbed him across 
the face and stomach. This was repeated with the 
men as fast as they were dragged from the autos. 
They also heard the sound of blows and then cries 
of **0h my God! Doc, don't hit me again, doc, you're 
killing me !'' Lew Ketchum took deputy Fred Luke 
by the coat tails and pulled him back from the cattle 
guard, asking, "What are you doing, what is going 
on here?" and Luke replied, **We are beating up 
forty-one I. W. W.'s'* 

Harry Hubbard tells the story in these words 
from the time the autos arrived at Beverly: 

"I got out of the car with another fellow. Rice, 
and I says, *We had better stay together, it looks 
to me like we were going to get tamped up,' and 
somebody grabbed hold of him, and I stood a min- 


ute, and then I ran by one fellow up into the woods. 
Just as I got out of the radius of the automobile 
lights I fell over a stump on the edge of the embank- 
ment. I was in kind of a peculiar predicament and 
I had to get hold of the stump to pull myself up, and 
just as I did that some fellow behind me swung with 
a blackjack and grazed my temple, knocking me to 
my knees. I got up and he grabbed hold of me and 
.we both fell down the bank together. Then two or 
three others grabbed me, and this Hawse had me 
by the collar, and Sheriff McRae walked up and 

said *You are the son-of-a that was over here 

last week,' and I answered, *I was working here 
last week.' Then he said, *Are you an I. W. W.?' 
I said, *Yes,' and he hit me an upward swing on the 
nose. He repeated, *You are an I. W. W., are you?' 
and again I said, *Yes.' He then swore at me and 
said, 'Say that you ain't!' and I replied, *No, I won't 
say that I ain't,' and he hit me three more times on 
the nose. 

"Then the man who was holding my left wrist 
with one hand and my shoulder with the other, 
said, *Wait a minute until I get a poke at him,' and 
McRae said, *A11 right, doc,' and then someone else 
said "All right Allison, hit him for me!' This fellow 
they called Doc Allison hit me and blackened my 
eye. McRae swore at me, he seemed to be intoxicat- 
er and he looked and acted like a maniac, he said 
*If you fellows ever come back some of you will die, 
that's all there is to it.' I said, 1 don't think there is 
any necessity for killing anybody,' and he answered 
*I will kill you if you come back,' and he raised his 
blackjack and said *Run!' I said 'I wont run,' and 
he hit me again and I dropped to the ground. He 
raised his foot over my face, and used some pretty 
raw language, and as he stood there with his heel 
over my face I grabbed hold of a fellow's leg and 
pulled myself along so instead of hitting my face 
his heel scraped my side. Then I got some kicks, 
three of them in the small of the back around my 

"When I got up I walked thru the line, there 


were twenty or thirty different ones hollered for me 
to run, but I was stubborn and wouldn't do it. And 
when I got to the cattle guard and stood at the 
other side kind of wiping the blood off my face I 
heard some one coming and I said, 'Four Hundred," 
and he said 'Yes,' and he was crying. It was a young 
boy and I walked down the track with him after- 

''At the City Hospital in Seattle next day the 
doctor told me my nose was badly fractured and 
that I had internal injuries. A few days later my 
back pained me severely and I passed blood for a 
time after that." 

C. H. Rice, whose shoulder was dislocated, gives 
about the same version. 

"Two big fellows would hold a man until they 
were thru beating him and then turn him loose. I 
was turned loose and ran probably six or eight feet, 
something like that, and I was hit and knocked 
down. As I scrajnbled to my feet and ran a few 
feet again I was hit on the shoulder with a slingshot. 
This time I went down and I was dazed, I think I 
must have been unconscious for a moment because 
when I came to they were kicking me, and some of 
them said, 'He is faking,' and others said, 'No, he 
is knocked out.' I remember seeing some of the 
boys during that time running by me, and when they 
got me up I started to run a bit farther and was 
knocked down again. 

"Then they called for somebody there, address- 
ing him as Dr. Allison, and he grabbed my arm and 
pulled me up, and he raised my arm up and said, 
'Aw, there is nothing the matter with you,' and 
jerked it down again. My arm was out of place, it 
seemed way over to one side, and I couldn't 
straighten it up. 

"As I was going over the cattle guard several of 
them hit me and some one hollered 'Bring him back 
here, don't let him go over there.' They brought 
me back and this doctor said 'You touch your 
shoulder with your hand,' and I couldn't. He says 
'There is nothing the matter with you.' 


"Then the fellow who was on the dock, and 
who had been drinking pretty heavily, because they 
would have to shove him back every once in a while, 
he shouted out *Let's burn him!' About that time 
Sheriff McRae came over and got hold of my throat 
and said, *Now, damn you, I will tell you I can kill 
you right here and there never would be nothing 
known about it, and you know it/ And some one 
said, *Let's hang him!' and this other fellow kept 
hollering 'Burn him! Burn him!' McRae kept hit- 
ting me, first on one side and then the other, smack- 
ing me that way, and then he turned me loose again 
and hit me with one of those slingshots, and finally 
he said *0h, let him go,' and he started me along, 
following behind and hitting me until I got over the 

"I went down to the interurban track until I 
caught up with some of the boys. They tried to pull 
my shoulder back into place and then they took 
handkerchiefs and neckties, and one thing and an- 
other, and made a kind of a sling to hold it up. We 
then went down to the first station and the boys 
took up a collection and the eight of us who were 
hurt the worst got on the train and went to Seattle. 
The others had to walk the twenty-five miles into 
Seattle. Most of us had to go to the hospital next 

Sam Rovinson was beaten with a piece of gas- 
pipe, but taking advantage of the fact that the 
shooting when Archie Collins made his escape had 
attracted the attention of the deputies he got thru 
the gauntlet with only minor injuries. Rovinson tes- 
tifies that McRae said to him: 

"This time we will let you off with this, but next 
time you come up here we will pop you full of 

"I just came up here to exercise my constitu- 
tional right of free speech," expostulated Rovinson. 

"To hell with free speech and the Constitution!" 
shouted McRae, "You are now in Snohomish county, 
and we are running the county!" 


After the deputies had returned to town the two 
Ketchum brothers took their lanterns and went out 
to the scene thinking they might find some of the 
men out there hurt, with a broken leg, or arm or 
something, and that they could be taken to their 
house to be cared for. No men were seen, but three 
covered with blood were found and after examina- 
tion were returned to where they had been picked 

Early next morning some of the deputies, 
frightened at their cowardly actions of the previous 
night, were seen at Beverly Park making an exam- 
ination of the ground. Two of them approach- 
ed the Ketchum residence and asked if any I. W. 
W.'s had been found lying around there. After 
being assured that they had stopped short of mur- 
der, the deputies departed. 

A little later an investigation committee com- 
posed of Rev. Oscar McGill of Seattle, and Rev. 
Elbert E. Flint, Rev. Jos. P. Marlatt, Jake Michel, 
Robert Mills, Ernest Marsh, E. C. Dailey, Commis- 
sioner W. H. Clay, Messrs. Fawcett, Hedge, Ballou, 
Houghton and others from Everett, made a close 
examination of the grounds. In spite of the heavy 
rain and notwithstanding the fact that deputies had 
preceded them, the committee found blood-soaked 
hats and hat bands and big brown spots of blood 
soaked into the cement roadway. In the cattle guard 
was the sole of a shoe, evidently torn off as one of 
the fleeing men escaped his assailants. 

"Hearing of the occurrence I accompanied sever- 
al gentlemen, including a prominent minister of the 
gospel of Everett, next morning to the scene. The 
tale of that struggle was plainly written. The road- 
way was stained with blood. The blades of the 
cattle guard were so stained, and between the 
blades was a fresh imprint of a shoe where plainly 
one man in his hurry to escape the shower of blows, 
missed his footing in the dark and went down be- 
tween the blades. Early that morning workmen 
going into the city to work, picked up three hats 
from the ground, still damp with blood. There can 


be no excuse for nor extenuation of such an inhuman 
method of punishment/* reported President E. P. 
Marsh to the State Federation of Labor. 

J. M. Norland stated that "there were big brown 
blotches on the pavement which we took to be 
blood. They were perhaps two feet in diameter, and 
there were a number of smaller blotches for a dis- 
tance of twenty-five feet. In the vicinity of the 
cattle guard the soil was disarranged and there 
were shoe marks near the cattle guard. You could 
also notice where, in their hurry to get across, they 
would go in between, and there would be little parts 
or shreds of clothing there, and on one there was a 
little hair." 

All that day the talk in Everett centered around 
the crime of the preceding night. Little groups of 
citizens gathered here and there to discuss the mat- 
ter. The deputies went about strenuously denying 
that they had a hand in the infamous affair, and 
friends of long standing refused to speak to those 
who were known positively to have been concerned 
in the outrage. A number of the ministers of the 
city conferred regarding a course of action, but find- 
ing the problem too deep for them to solve they left 
it to up to the individual. Various Everett citizens, 
representing a large degree of public sentiment, felt 
that the thing to do was to hold an immense mass 
meeting in order to present the facts of the hideous 
crime to the whole public. This plan met with im- 
mediate approval from many quarters, and the L 
W. W. in Seattle was notified of this desire by mail, 
by telephone, and by means of citizens' delegations. 
Rev. Oscar McGill conferred with secretary Herbert 
Mahler and was quite insistent upon the necessity 
for such a meeting, as the Everett papers had car- 
ried no real information about the affair in Beverly. 
He brought out the fact that there had been thous- 
ands in attendance at the mass meeting in the 
Everett city park a month or so previous to this oc- 
currence, and the speakers were then escorted by 
a large body of citizens from the interurban depot 
to the meeting place, and the feelings of the people 


were such that similar or even more adequate pro- 
tection would be given were another meeting held. 
He suggested that the meeting he held in broad day- 
light and on a Sunday. That the plan met with the 
approval of the I. W. W. membership was shown by 
its adoption at a meeting the night following the 
trouble at Beverly Park. And the date selected was 
Sunday, November 5th. 

Immdiately steps were taken to inform the 
various I. W. W. branches in the Northwest of the 
proposed action. Telegrams were sent to Solidarity, 
and a ringing call for two thousand men to help in 
the fight for free speech was published in the Indus- 
trial Worker. In addition to telegraphing the story 
and its attendant call for action to the unions of the 
Pacific Coast there were various members selected 
from among the forty-one who had been beaten, 
and these were dispatched to different points to 
spread the tale of Everett's atrocities, and to gain 
new recruits for the "invading army" of free speech 

Seeking the widest possible publicity the free 
speech committee had printed and circulated thous- 
ands of handbills in Everett to call attention to the 
proposed meeting. 



A meeting will be held at the corner 
of Hewitt and Wetmore Aves., on Sunday, 
Nov. 5th, 2 p. m. Come and help maintain 
your and our constitutional right. Committee. 

The authorities in Everett were notified, the edit- 
ors of all the Seattle daily papers were requested to 
have representatives present at the meeting, and 
reporters were called in and told of the intentions 
of the organization. During the week frequent 
meetings were held in the hall in Seattle to arrange 
for the incoming free speech fighters, and without 
an exception all these meetings were held with no 


examination of membership books and were open to 
the public. With their cards laid upon the table the 
members of the Industrial Workers of the World 
were preparing to call the hand of the semi-legaliz- 
ed outlaws of Snohomish county who had cast aside 
the law, abrogated the Constitution of the United 
States, and denied the right of free speech and free 

Following the Beverly affair the Commercial 
Club redoubled its activities. Blackjacks and "Ro- 
binson -clubs," so called because they were manu- 
factured especially for the deputies by the Robinson 
Mill, were set aside for revolvers and high power 
rifles, and the ranks of the deputies were enlarged 
by the off-scouring and scum of the open shop per- 

McRae entered the I. W. W. hall on Friday, Nov. 
3rd, the day Thomas H. Tracy turned the office 
over to Chester Micklin, and abruptly said "By God, 
I will introduce myself. I am Sheriff McRae! I 
won't have a lot of sons-of-bitches hanging around 
this place like in Seattle." 

Micklin looked at the drunken sheriff a moment 
and replied, "The constitution guarantees us free 
speech, free assembly, and free " 

"To hell with the Constitution," broke in McRae. 
"We have a constitution here that we will enforce." 

"You believe in unions, you believe in organized 
labor, don't you?" asked Micklin. 

"Yes, I belonged to the shingle weavers at one 
time," returned McRae, "but when the shingle 
weavers went out on strike I donated $25.00 to their 
strike fund and they gave me a rotten deal and sent 
the check back to me, and to hell with the shingle 
weavers and the rest of the unions!" 

Then, as he was leaving the hall, McRae pulled 
from his pocket a letter ; took from it a black cat cut 
from pasteboard and stuck it in the secretary's face, 

saying "That's the kind of s that is in your 


Next morning the sheriff raided the hall and 
seized the men who were found there, with the ex- 


ception of the secretary. Turning to Micklin he said 

boastfully "Fll bet you a hundred dollars you s 

won't hold that meeting tomorrow!" McRae was 

The arrested men were searched and deported 
and, as was the case in every previous arrest and de- 
portation, there was no resistance offered, no phys- 
ical violence threatened, and no weapons of any 
character found upon any of the I. W. W. men. 

That night the deputies were secretly assembled 
at the Commercial Club where they were given their 
final instructions by the lumber trust and ordered 
to report fully armed and ready for action at the 
blowing of the mill whistles. With these prepara- 
tions the open shop forces were ready to go to still 
greater lengths to uphold **law and order!" 

The answer of the I. W. W. to this damnable 
act of violence at Beverly Park and to the four 
months of terrorism that had preceded it was a call 
for two thousand men to enter Everett, there to gain 
by sheer force of numbers that right of free speech 
and peaceable assembly supposed to have been 
guaranteed them by the Constitution of the United 

* (The incidents in the foregoing chapter are corroborated 
by the sworn testimony of I. W. W. men who were shot at, 
beaten, robbed, and abused; by citizens of Everett and Seattle 
who were also beaten and mistreated or who witnessed the 
scenes; by physicians, attorneys, public officials, members of 
craft unions, and by deputies who hoped to make amends by 
testifying to the truth for the defense.) 




How shall we enter the kingdom of Everett? was 
the question that confronted the committee in 
charge of affairs in Seattle on the morning of Nov- 
ember 5th. Inquiries at the Interurban office de- 
veloped the fact that sufficient cars could not be had 
to accommodate the crowd. The cost of making the 
trip by auto truck was found to be prohibitive. At 
the eleventh hour the committee, taking the money 
pooled by the members, secured the regular pas- 
senger steamship Verona, and an orderly and de- 
termined body of men filed down the steps leading 
from the I. W .W. headquarters and marched by 
fours to the Colman Dock. 

Their mission was an open and peaceable one. 
Cheerful, optimistic, enthusiastic, the band of social 
crusaders felt that the conquest of free speech was 
assured. Not for a moment did they think that the 
Everett Klu-Klux-Klan would dare resort to violent 
and criminal tactics in the broad daylight of that 
beautiful sunny day and in plain view of a host of 
conscientious Everett citizens. 

Assisted by Harry Feinberg and John T. (Red) 
Doran, Captain Chauncey Wiman checked the num- 
ber of men who went on board, stopping further 
entry when the legal limit of two hundred and fifty 
persons was reached, Feinberg joining the men on 
board in order to serve as the main speaker at the 
proposed meeting. Among those who secured pas- 
sage were several who were not members of the free 
speech party, but in the work of checking, the 
tickets of these persons were not collected, their 
fares being paid in the lump sum that was handed 


to the captain. Regular passengers of the Verona 
were informed that their tickets would be good for 
the steamer Calista, lying at Pier 3. Thirty-eight ad- 
ditional members of the free speech band joined the 
regular patrons who took passage on the Calista. 

Laughter and jest were on the lips of the men 
who crowded the Verona, and songs of the One Big 
Union rang out over the sparkling waters of Puget 
Sound. Loyal soldiers were these in the great class 
war, enlightened workers who were willing to give 
their all in the battle for bread, happiness and liber- 
ty. Men of all callings these — logger, carpenter, 
laborer, railroad clerk, painter, miner, printer, 
seaman and farmhand, all united with one common 
aim — the desire to gain for Labor the right of free 

Among their number, however, were two indi- 
viduals of a breed reckoned among the lowest order 
of the human species; two "stool pigeons," low in- 
formers upon whom even a regular detective looks 
down with contempt. One of these, carrying an I. 
W. W. card and in the employ of Snohomish county 
and the Everett Commercial Club under the direction 
of the Pinkerton Detective Agency, had sneaked out of 
the I. W. W. headquarters long enough to telephone 
Lieutenant Hedges of the Seattle Police force that 
there was a boatload of I. W. W. men leaving for 
Everett. There was no secret in connection with the 
trip, but that there exist such class traitors, rela- 
tively few as they are, to whom the enemies of the 
workers can look for information is one of the sad 
features of the class struggle. The "stool's" message 
was relayed to the Everett authorities and, after 
being revised by the advocates of the open shop, it 
finally reached the deputies in the form of a report 
that a boatload of L W. W.'s, armed to the teeth, 
were about to invade, pillage, and burn the city. 

At one o'clock the mill whistles blew, the mill 
deputies armed with their mill clubs, mill revolvers, 
rifles and shotguns, assembled at the mill head- 
quarters-^the Conimercial Club— and from there 


were transported in mill automobiles down the al- 
leys and back streets to the City Dock. 

Citizens were driven from the dock and a rope, 
guarded by armed deputies, was stretched across the 
land end to prevent access by any save men with 
guns. Part of the equipment of the Naval Militia 
was stored in readiness at the Commercial Club — a 
stubborn fact for those who deny that government 
is a class institution. At the Pacific Hardware Com- 
pany, deputy Dave Oswald had an auto load of 
rifles and ammunition prepared for immediate trans- 
portation and use. In Captain RamwelFs office, at 
the point where the rope was stretched, there were 
stacked a number of high-power rifles, brought 
there from the same source. It is even rumored that 
there was a machine gun on the dock. On the scab 
tugboat Edison, moored at the north side of the 
dock, men armed with rifles lay in waiting. The 
Everett Improvement Dock to the south was also 
prepared for action. Hundreds of deputies were 
admitted to the City Dock and were lined up under 
the direction of Sheriff McRae, Deputy-Sheriff Jef- 
ferson Beard, and Lieutenant Charles O. Curtis, of 
the Officers' Reserve Corps of the National Guard of 
Washington. Boards were removed from the sides 
of the warehouses so as to command a view of the 
landing place, and sacks of potatoes and lumber 
were used as partial barricades. A few of the de- 
puties were in the west warehouse at the extreme 
end of the dock, but the majority of them were in 
the larger warehouse to the east of the open dock- 
ing space. Plentifully supplied with ammunition 
and "booze," the cowardly deputies lay hidden in 
this ambush. The scene was set and the tragedy of 
November Fifth about to be staged. 

As the Verona cleaved the placid, sunlit waters 
of the Bay and swung up to the City Dock at Everett, 
shortly before two o'clock, the men were merrily 
singing the English Transport Workers' strike song, 



We meet today in Freedom's cause, 

And raise our voices high ; 
We'll join our hands in union strong, 

To battle or to die. 


Hold the fort for we are coming. 
Union men be strong. 
Side by side we battle onward, 
Victory will come! 

Look, my comrades, see the union, 

Banners waving high. 
Reinforcements now appearing. 

Victory is nigh. 

See our numbers still increasing; 

Hear the bugle blow: 
By our union we shall triumph 

Over every foe. 

Fierce and long the battle rages. 

But we will not fear. 
Help will come whene'er it's needed. 

Cheer, my comrades, cheer! 

From a hillside overlooking the scene thousands 
upon thousands of Everett citizens sent forth cheer 
after cheer as a hearty welcome to the "invading 
army." High up on the flag-pole of the Verona 
clambered Hugo Gerlot, a youthful free speech en- 
thusiast, to wave a greeting to the throng that lined 
the shore. Passenger Oscar Carlson and his friend 
Ernest Nordstrom, from their position on the very 
bow of the boat, caught the spirit of the party and 
endeavored to join in the song that resounded louder 
and clearer as many of the men left the cabins to 
go out upon the deck. 


Completely filling the bow of the boat and block- 
ing the passageway on either side, the singers 
crowded to the rail in the usual joyously impatient 
manner of holiday excursionists, and then for the 
first time observed a body of deputies march from 
the large warehouse and settle into lines across the 
back and sides of the open landing space on the 
dock, where Curtis, McRae, and Beard were sta- 

Waiting until Captain Ramweirs wharfinger, 
William Kenneth, had made fast the bowline to 
prevent the boat from backing out, Sheriff Donald 
McRae gave his belt holster a hitch to bring his gun 
directly across his middle and then lurched forward 
to the face of the dock. Holding up his left hand 
to check the singing, he yelled to the men on board: 

"Who is your leader?" 

Immediate and unmistakable was the answer 
from practically every member of the Industrial 
Workers of the World: 

*'We are all leaders!" 

Angrily jerking his gun from its holster and 
flourishing it in a threatening manner, McRae cried : 

"You can^t land here!'^ 

"The hell we can't!" came the reply as the men 
stepped toward the partly thrown-off gang plank. 

A shot rang out from the immediate vicinity of 
deputy W. A. Bridges, then another, closely follow- 
ed by a volley that sent them staggering backward. 
Many fell to the deck. Evidently the waving of 
McRae's revolver was the prearranged signal for 
the carnage to commence. The long months of lum- 
ber trust lawlesness had culminated in cowardly, 
deliberate, premeditated and foul murder! 

Young Gerlot crumpled up and slid part way 
down the flag pole, then suddenly threw out both 
arms and crashed lifeless to the deck, his bullet-torn 
and bleeding body acting as a shield for several 
who had thrown themselves prostrate. Passenger 
Oscar Carlson threw himself flat upon the forward 
deck and while in that position seven bullets found 
their way into his quivering flesh, life clinging to the 


shattered form by a strange vagary of fate. With a 
severe bullet wound in his abdomen, Ed Roth sway- 
ed back and forth for a moment and then toppled 
forward on his face. 

When a bullet whistled past the head of Captain 
Chauncey Wiman, and another tore a spoke as thick 
as a man's wrist from the pilot wheel beneath his 
hand, he deserted his post to barricade himself be- 
hind the safe with a mattress, remaining in that 
position until the close of the hostilities. 

At the first shot and during the first volley the 
unarmed men wildly sought cover from the deadly 
leaden hail. Those who had not dropped to the 
deck, wounded or seeking shelter, surged to the 
starboard side of the boat, causing it to list to an 
alarming degree, the fastened bowline alone pre- 
venting it from capsizing. Several men lost their 
footing on the blood-slimed decks and were pitched 
headlong overboard. There, struggling frantically 
in the water, — by no possible chance combatants — 
a storm of rifle bullets churning little whirlpools 
around their heads, one by one they were made the 
victims of lumber trust greed by the Hessianized 
deputies stationed at the shore end of the City Dock 
and upon the dock to the south. The bay was red- 
dened with their blood. Of all who went overboard, 
James Hadley alone regained the deck, the rest 
disappearing beneath the silent waters to be drag- 
ged by the undertow out to an unknown and name- 
less ocean grave. 

Young Joe Ghilezano seized the rail preparatory 
to jumping overboard, but seeing two men shot 
dead while they were in the water he lay down on 
the deck instead. While there a bullet pierced his 
hip, another went thru his back close to the spine, 
and a third completely tore off his left knee cap. 
Harry Parker slipped over the starboard side in 
order to gain the lower deck, and a rifle bullet from 
the vicinity of the tug Goldfinch, along the Everett 
Improvement Company Dock, ranged thru his back 
from left to right, just as his friend, Walter Mulhol- 
land, also wounded, pulled him in thru a hole torn 


in the canvas wind shield. An abdominal wound 
laid Felix Baran low. The thud of bullets as they 
struck the prostrate men added to the ghast- 
ly sound caused by the firing of rifles and revolvers, 
the curses of the deputies and the moans of the 
wounded men. 

Following the first volley the deputies who had 
been out in the open scuttled into the warehouses 
on either side. Thru their scattering ranks the scabs 
on the tug Edison poured their rifle fire toward the 
men on the Verona. Lieutenant C. O. Curtis pitched 
forward and fell dead upon the dock — ^the victim of 
a rifle bullet. One of the fleeing deputies paused be- 
hind the corner of the waiting room just long enough 
to flinchingly reach out his hand and, keeping his 
head under cover, emptied his revolver without 
taking aim. Deputy Sheriff Jefferson Beard fell 
mortally wounded as he turned to run^ and was 
dragged into the warehouse by some of the less 
panic stricken murderers. Sheriff McRae, with a 
couple of slight wounds in his left leg and heel, was 
forced to his knees by the impact of bullets against 
the steel jacket which he wore, remaining in a sup- 
plicating attitude for a few seconds while he sobbed 
out in a quavering tone, "0-o-oh! Fm hit! I-Fm 
hit!! I-I-Fmhit!!!" 

Placed on board the Verona to serve the interests 
of the lumber trust, what were the two Pinkerton 
operatives doing while the boat was landing and 
just before the first heavy firing commenced? Their 
actions were shrouded in mystery. But, as if antici- 
pating something, one was seen directly after the 
first shot scurrying into hiding where he lay shiver- 
ing until long after the firing had ceased. The other, 
while under cover, was struck on the head by a 
glancing bullet. He became so enraged at this lack 
of thoughtfulness on the part of his degenerate 
brothers that he emptied his revolver at their backs 
as they broke for cover. From a safe position on the 
dock, deputy H. D. Cooley, with a pair of field 
glasses, was tremblingly trying to spy for the ap- 
proach of the Calista. 


Inside the waiting room and the warehouses the 
drink-crazed deputies ran amuck, shooting wildly 
in all directions, often with some of their own num- 
ber directly in the line of fire — bullet holes in the 
floor and a pierced clock case high up on the wait- 
ing room wall giving mute evidence of their insane 
recklessness. One deputy fled from the dock in ter- 
ror, explaining to all who would listen that a bullet 
hole in his ear was from the shot of one of his as- 
sociates on the dock. 

"They've gone crazy in there!" 'he cried excited- 
ly. "They're shootin' every which way! They shot 
me in the ear!" 

Thru the loopholes already provided, and even 
thru the sides of the warehouses they blazed away 
in the general direction of the boat, using revolvers 
and high powered rifles with steel and copper-jack- 
eted missies. Dum-dums sang their deadly way to 
the Verona and tore gaping wounds in the breasts 
of mere boys — an added reward by the industrial 
lords for their first season of hard labor in the 
scorching harvest fields. John Looney was felled by 
a rifle bullet and even as he fell shuddering to the 
deck another leaden missile shattered the woodwork 
and impaled one of his eyeballs upon a spear of 
wood, gouging it from the socket. 

At the foot of the dock, protected by the Kla- 
tawa slip, (Indian name for runaway) C. R. Schwei- 
tzer, owner of a scab plumbing establishment, fired 
time after time with a magazine shotgun, the buck- 
shot scattering at the long range and raking the 
forward deck with deadly effect. The pilot house 
was riddled and the woodwork filled with hundreds 
of the little leaden messengers that carried a story 
of "mutual interests of Capital and Labor." Deputy 
Russell and about ten. others assisted in the dastard- 
ly work at that point, pouring shot after shot into the 
convulsive struggling heaps of wounded men piled 
four and five deep on the deck. One boy in a brown 
mackinaw suddenly rose upright from a tangled 
mass of humanity, the blood gushing from his 
wounds, and with an agonized cry of "My God! I 


can't stand this any longer!" leaped high in the 
air over the side of the boat, sinking from sight for- 
ever, his watery resting place marked only by a few 
scarlet ripples. 

Two bodies, one with the entire throat shot 
away, were found next morning washed up on the 
beach, and that fact was reported to the Everett 
police by Ed. and Rob. Thompson. That night some 
men fishing in a little sailboat far out in the bay saw 
five weighted objects about six feet long, and ap- 
parently wrapped in canvas, thrown overboard from 
a launch, but in none of the daily papers was there 
any mention of bodies having been found. Six un- 
called-for membership cards, deposited by men who 
took passage on the Verona, may represent as many 
murders by the cowards on the dock. Those cards 
are made out to Fred Berger, William Colman, Tom 
Ellis, Edward Raymond, Peter Viberts, and Chas. 
E. Taylor. Some of the deputies gloatingly declared 
that the death toll of the workers was twelve men 
at the lowest count. 

So wanton was the slaughter of the helpless men 
and boys that strong men who witnessed the scene 
turned away vomiting. From the hillside the women 
— ^those whom the deputies were pretending to pro- 
tect from the ''incoming horde," — casting aside all 
womanly fears, raced to the dock in a. vain endeavor 
to stop the commission of further crime, crying out 
in their frenzy, 'The curs! The curs! The dirty 
curs! They're nothing but murderers!" They, as 
well as the men who tried to launch boats to rescue 
the men in the water, were halted by the same citi- 
zen deputies whose names head the list of Red Cross 

For a short period of time, seemingly endless 
hours to the unarmed and helpless men on the boat, 
the rain of lead continued. Tho the boat had righted 
itself, the men were still unable to extricate them- 
selves from the positions into which they had been 
thrown. Near the top of one heap lay Abraham 
Rabinowitz, a young Jewish college graduate, and 
as he struggled to regain his footing a bullet tore 


off the whole back part of his head, his blood and 
brains splashing down over Raymond Lee and 
Michael Reilly who lay just beneath him. Rabino- 
witz died in the arms of Leonard Broman, his "pal" 
in the harvest fields, without ever having regained 

"Hold me up, fellow workers!" suddenly called 
out Gus Johnson as he was fatally stricken by a 
bullet. "I want to finish the song." Then, above the 
din of the gunfire and curses of the deputies, the 
final verse of "Hold the Fort" rang out in defiance 
of industrial tyranny, and with the termination of 
the words "Cheer, my comrades, cheer!" the bright 
red death-foam flecked the ever-to-be silent lips of 
the brave Swedish revolutionist. 

Splintering the stairways, seats and woodwork, 
and wounding many of the men crouched in hiding, 
thousands of rounds of ammunition found their way 
into the boat during the ten long minutes of the on- 
slaught. Finally, with a 41 Colts revolver to enforce 
his demand, J. F. Billings ordered engineer Ernest 
Shellgren to back the boat away from the dock. 
With no pilot at the wheel the propeller churned 
madly backward for a moment, the bowline drew 
taut and snapped, and the Verona pulled away 
from the murderous crew of vigilantes. Not content 
with the havoc they had wrought at close quarters 
some of the deputies continued to fire as long as the 
boat was within range, a bullet from a high powered 
rifle shattering the left leg of Harry Golden, a youth 
of twenty-two years, when the boat was far out in the 
bay. Amputation of the limb was necessary, a cork 
leg daily reminding young Golden of the majesty 
of the law. 

The Verona with its grim cargo of dead and 
wounded steamed toward Seattle, meeting the 
steamer Calista about four miles out, stopping just 
long enough for Captain Wiman to shout thru his 
megaphone, "For God's sake don't land! They'll 
kill you! We have dead and wounded on board 


With unaccustomed fingers the uninjured men 
bathed the wounded, tearing up shirts and under- 
clothing in order to bind up their injuries, and mak- 
ing the men as comfortable as possible during the 
two and one half hour return trip. 

A few of the men on board had been armed. 
These voluntarily threw overboard their revolvers, 
together with the few empty shells that lay scatter- 
ed upon the deck, George Reese alone having to be 
forced to discard the "souvenirs" he had picked up. 

It was a quiet crowd that pulled into Seattle, not 
only because they realized that the class struggle 
is not all jokes and songs, but also in deference to 
the sufferings of their wounded comrades. This same 
spirit animated the men when they were met by 
drawn cordons of police at the Seattle dock, their 
first thought and first words being, ''Get the wound- 
ed fellows out and we will be all right." In the city 
jail, located on the floor above the hospital, the 
same generous consideration of their wounded fel- 
low workers' condition led them to forego the de- 
monstration usually attending the arrest and jailing 
of any body of I. W. W. members. 

The four dead members, their still forms cover- 
ed with blankets, were first removed from the boat 
and taken to the morgue. Police and hospital am- 
bulances were soon filled with the thirty-one wound- 
ed men, who were taken to the- city hospital. The 
uninjured men were then lined up and slowly 
marched to the city jail. From the Calista the thirty- 
eight I. W. W. members were taken and placed in 
the county jail. 

At the hospital, Felix Baran, shot in the abdo- 
men, slowly and painfully passed away from in- 
ternal hemorrhage. Dr. Mary Equi, of Portland, 
Ore., who e^^amined the body, stated that with 
surgical attention there would have been more than 
an even chance of recovery. 

No one will ever know how many brave workers 
were swept out to sea and lost, but Sunday, Novem- 
ber Fifth, of the year Nineteen-sixteen, wrote in 


imperishable letters of red on the list of Labor's 
martyrs who gave up their lives in Freedom's Cause 
the names of 


French, German, Swedish, Irish, and Russian 
Jew, — these are the true internationalists of the 
world-wide brotherhood of toil who died for free 
speech and the right to organize in this "land of 
liberty." To them Courtenay Lemon's tribute to the 
I. W. W. applies with full force. 

"Again and again its foot-free members, burning 
with an indignation and a militant social idealism 
which is ever an inscrutable puzzle to local author- 
ities, have hastened to towns where free speech 
fights were on, defied the police, braved clubbings, 
and voluntarily filled the jails to overflowing, to the 
rage and consternation of the police and taxpayers. 
It has acted as the flying squadron of liberty, the 
unconquered knight-errantry of all captive free- 
doms; and the migratory workers who constitute a 
large part of its membership, ever on the march and 
pitching their camp wherever the industrial battle 
is thickest, form a guerilla army which is always 
eager for a fight with the powers of tyranny. 
Whether they disagree with its methods and aims, 
all lovers of liberty everywhere owe a debt to this 
organization for its defense of free speech. Abso- 
lutely irreconcilable, absolutely fearless, and un- 
suppressibly persistent, it has kept alight the fires 
of freedom, like some outcast vestal of human liber- 
ty. That the defense of traditional rights to which 
this government is supposed to be dedicated should 
devolve upon an organization so often denounced as 


'unpatriotic' and *un-American/ is but the usual, 
the unfailing irony of history." (*) 

Baran, Gerlot, Johnson, Looney, Rabinowitz, — 
these names will be a source of inspiration to the 
workers when their cowardly murderers have long 
been forgotten. 

Those who survived their wounds, saving as 
pocket pieces the buckshot, copper and steel jacket- 
ed and dum-dum bullets extracted from their per- 
sons, were ; mentioning their more serious wounds : 

Harry Golden, age 22, shot in left leg, making 
amputation necessary. 

Joseph Ghilazano, age 20, shot in shoulder and 
both legs, entire knee-cap shot off and replaced with 
a silver substitute. 

Albert Scribner, age 32, severely wounded in 
hip, probably lamed for life. 

Mario Marino, age 18, shot thru the lungs. 

Edward Roth, age 30, severely wounded in 

Walter Mulholland, age 18, shot in buttock. 

Carl Bjork, age 25, wounded in back. 

Harry Parker, age 22, shot above abdomen, in 
back, and in legs. 

John Ryan, age 21, wounded in right shoulder 
and left leg. 

Leland E. Butcher, age 28, shot in the left leg. 

J. A. Kelly, age 31, shot in right leg. 

Hans Peterson, age 32, wounded in head. 

Fred Savery, age 25, wounded in hip. 

Steve Sabo, age 21, shot in left shoulder. 

Robert Adams, age 32, shot in left arm. 

Owen Genty, age 26, wounded in right kidney. 

C. C. England, age 27, shot in left knee. 

Nick Canaeff, age 35, shot in left arm. 

Albert Doninger, age 20, wounded in left arm. 

Brockman B. Armstrong, age 35, wounds on 

E. J. Shapeero, age 24, wounded in right leg. 

Carl Burke, age 25, shot in back and shoulder. 

(*) Courtenay Lemon, "Free Speech in the United States." 
Pearson's Magazine, December 1916. 



Ira Luft, age 27, shot in right side of back. 
George Turnquist, age 26, wounded in left leg. 
George Brown, age 21, shot in back. 
D. J. McCarthy, age 37, shot in side of head and 
in right leg. 

John Adams, age 28, wounded in right elbow. 
Edward Truitt, age 28, shot in right elbow. 
Others on the boat who were wounded were 
Oscar Carlson, passenger, nine severe bullet 
wounds in all parts of his body; L. S. Davis, ship 
steward, wounded in the arm, and Charles Smith, 
Pinkerton "stool pigeon'' with a slight scalp injury. 
The wounded men were none too well treated 
at the city hospital, only a part of the neglect being 
due to the overcrowded condition of the wards. 
Wounds were hastily dressed and in some cases the 
injured men were placed in jail at once where they 
had to care for themselves as best they might. 

In Everett the deputies left the dock when the 
Verona had steamed out of the range of their rifle 
fire, taking with them the corpse of gunman C. O. 
Curtis, office manager of the Canyon Lumber Com- 
pany, and deputy-sheriff Jefferson Beard, whose 
wounds caused his death the following morning. 
The injured deputies were H. B. Blackburn, James 
A. Broadbent, R. E. Brown, E. P. Buehrer, Owen 
Clay, Louis Connor, Jr., Fred Durr, A. J. Ettenbor- 
ough, Athol Gorrell, Thomas Hedley, Joe Irving, 
James Meagher; Donald McRae, J. C. Rymer, Edwin 
Stuchell, and Charles Tucker. Hooted, hissed, and 
jeered at by the thousands of citizens on the viaduct 
and hill above the dock, these self-immolated pros- 
titutes to the god of greater profits were taken to 
the hospitals for treatment. 

Among the crowd of citizens was Mrs. Edith 
Frennette, who had been in Everett a couple of days 
in connection with a lumber trust charge against 
her, and with her were Mrs. Lorna Mahler and Mrs. 
Joyce Peters, who had come from Seattle to attend 
the proposed street meeting. Making the claim that 
Mrs. Frenette had threatened the life of Sheriff Mc- 
Rae with a gun and had tried to throw red pepper 


into his eyes as he was being transported from the 
dock, the Everett authorities caused the arrest of 
the three women in Seattle as they were returning 
in an auto to meet the Verona at the Seattle dock. 
They were held several days before being released, 
no charges having been placed against Mrs. Mahler 
or Mrs. Peters, and the case against Mrs. Frenette 
was eventually dismissed, just as had been all previ- 
ous charges made by McRae. These three arrests 
brought the total number of free speech prisoners 
up to two hundred and ninety-four. 

What were the feelings of the Everett public 
directly following the massacre can best be judged 
from the report of an Everett correspondent to the 
Seattle Union Record, the official A. F. of L. organ. 

"Your correspondent was on the street at the 
time of the battle and at the dock ten minutes after- 
ward. He mingled with the street crowds for hours 
afterwards. The temper of the people is dangerous. 
Nothing but curses and execrations for the Com- 
mercial Club was heard. Men and women who are 
ordinarily law abiding, who in normal times mind 
their own business pretty well, pay their taxes, send 
their children to church and school, pay their bills, 
in every way comport themselves as normal citizens, 
were heard using the most vitriolic language con- 
cerning the Commercial Club, loudly sympathizing 
with the I. W. W.'s. And therein lies the great harm 
that was done, more menacing to the city than the 
presence of any number of I. W. W.'s, viz., the 
transformation of decent, honest citizens into beings 
mad for vengeance and praying for something dire 
to happen. I heard gray-haired women, mothers and 
wives, gentle, kindly, I know, in their home circles, 
openly hoping that the I. W. W.'s would come back 
and *clean up.' " 

Corroborating this is the report of President E. 
P. Marsh to the State Federation of Labor. 

"A dangerous situation existed in Everett after 
the battle of November 5. Public feeling ran high 
and anything might have happened. Half a thousand 
citizens were under arms enraged at the Industrial 


Workers of the World and deadly determined to 
stamp out their organization in Everett. It is no ex- 
aggeration to say that literally thousands of the 
working people of Everett were just as enraged 
toward the members of the Commercial Club who 
participated in the gun battle. * * * As an in- 
stance of how high the feeling ran let me tell you 
that on the following morning the mayor of the city 
appeared on the (shingle weavers') picket line with 
a high power rifle and told the union pickets that he 
had every reason to believe that an attempt might 
be made by snipers to pick them off. He asked them 
to scatter as much as possible, make no demonstra- 
tion whatever, and declared he would defend them 
with his life if necessary." 

Mayor Merrill, equally guilty with the deputies 
who were on the dock, taking advantage of a means 
of spreading information that was denied to the 
workers, directly after the massacre spoke from a 
soap box on the corner of Wetmore and California 
Avenues, telling all who would listen that he was 
not responsible for the trouble as the Commercial 
Club had taken the power away from him and put it 
in the hands of McRae. The insincerity of this vacil- 
lating lackey of the lumber trust was demonstrated 
by his brutal treatment of young Louis Skaroff, who 
with Chester Micklin and Osmond Jacobs, had been 
arrested and thrown into jail when the three, brave- 
ly taking their lives in their hands, attempted to 
speak on the corner of Hewitt and Wetmore two 
hours after the tragedy. It was on Monday night 
about ten o'clock that the night jailer took Skaroff 
into a room where Mayor Merrill and a man posing 
as an immigration officer were seated. The fake im- 
migration officer tried to frighten the prisoner with 
threats of deportation, after which the jailer beat 
Skaroff across the head. Merrill arose and took a 
hand in the proceedings, buffeting the boy back and 
forth until he fell to the floor. Then, with the aid of 
the jailer, Skaroff's fingers were placed, one by one, 
beneath the legs of an. iron bed in the room while 
the ponderous mayor jumped up and down on the 


bed, mashing and tearing flesh and knuckles. Upon 
regaining consciousness the mutilated boy found 
himself in the jail corridor, crushed beneath Mer- 
rill's massive form, the mayor having grasped Ska- 
roff by the hair in order to repeatedly hammer the 
lad's head against the hard cement floor. Finding 
that Skaroff' s spirit could not be broken the cowards 
finally desisted. Skaroff was released at the end of 
eleven days. 

Chaos reigned in Everett following the tragedy. 
That night over five hundred deputies patrolled the 
streets, fearing just retribution for their criminal 
misdeeds. Those who had been on the dock as par- 
ties to the massacre were overheard saying to each 
other, "We must stick together on this story about 
the first shot coming from the boat." Certain of- 
ficials called for the state militia which was mobiliz- 
ed in Seattle but not used. One militiaman, a young 
lad named Ted Kennedy, refused to serve, claiming 
that it was the same as strike duty. The fact that 
the militia was mobilized at once, and that Governor 
Ernest Lister went to Everett to confer with oflftcials 
and mill owners there, when he had refused to fur- 
nish protection or even to make an investigation at 
the request of the I. W. W. a short time before 
showed the governor's bias in favor of the employ- 
ers. In this lumber district the militia was apparent- 
ly the property of the mill owners. 

A hastily gathered coroner's jury in Everett on 
November 6th brought in a verdict that C. O. Curtis 
and Jefferson F. Beard met death from **gunshot 
wounds inflicted by a riotous mob on the Steamer 
Verona at the city dock." If any of the jury dis- 
sented from its false statement they were too spine- 
less to express their opinion. The deliberations were 
under the direction of Coroner A. R. Maulsby and 
the members of the jury were Adam Hill, C. E. An- 
thony, O. H. King, Chris Culmback, C. Sandstein, 
and Charles F. Manning. 

The inquest was a farce. Those who were out- 
side the "deadline" and wh6 were willing to swear 



that the first shots came from the dock were not 
permitted to testify, only sympathizers with the 
Commercial Club being called as witnesses. No real 
attempt to take testimony was made. The Seattle 
Central Labor Council on November 8th approp- 
riated $100 for a more complete investigation after 
branding the Everett inquest as fraudulent in the 
following resolution : 

"Whereas, It appears to this council that, follow- 
ing a lockout and open-shop campaign by Roland H. 
Hartley and others of Everett, Wash., the police and 
business men of that city have attempted to ruthless- 
ly and lawlessly suppress all street speaking and de- 
monstrations by labor organizations, and that un- 
armed men have been brutally beaten and terror- 
ized, and 

Whereas, This policy culminated in a bloody 
battle on Sunday, November 5, resulting in the 
death of seven or more men and the wounding of 
many more, and 

Whereas, A fair inquest should be held to fix re- 
sponsibility for this crime, and it appears that this 
has not been done, but that only witnesses favorable 
to the bosses have been heard; 

Therefore, we demand another inquest, free 
from control by the forces opposed to labor, and a 
change of venue, if that be necessary." 

Capitalism stood forth in all its hideous naked- 
ness on that day of red madness, and public opinion 
was such that the striking shingle weavers had but 
to persistently press their point in order to win. A 
conference of prominent men, held in Everett on 
Monday, decided that the situation could be relieved 
only by a settlement of the strike. The mill men, 
when called in, abruptly refused to grant a single 
demand so long as the men were still out, an attitude 
they could not have maintained for long. Listening 
to the false advice of ''friends of labor" and ''labor 
leaders" the shingle weavers, albeit grudgingly, re- 



turned to their slavery, unconditional surrender 
being the price they were forced to pay for the 
doubtful privilege of "relieving the social tension." 
But with the pay envelopes that could not be stretch- 
ed to cover the 
c;^« '\ \ increased cost 

" ■ ■ ■ of living, the 



Seattfe Executive Places BFame 
for Sunday Tragedy on Citi- 
zens of Everett— Gives Pris- 
oners Tobacco. 

Provfdlnr the r. W. W/s. whose at- 
tempted armed Invasion of Everett last 
Sunday resulted in seven deaths and 
Injuries to forty-nine persons, with 
every comfort possible. Mayor H. C 
Gill yesterday afternoon personally di- 
rected the carrying of 300 warm blan- 
kets and an aRsortment of tobacco to 
the 260 prisoners now held in the city 

In this manner GUI replied to criti- 
cism in Seattle and Everett for not 
having: stopped the 1. W. W's from 
^otnj? to the Snohomish County city. 
He supplemented this today by assfiii-'. 
Ing' Sheriff Donald McRae. of Snohomish 
County, and the posse of special depu- 
ties who met the invading I. W. w.'s 
at the boat. 

"In the- final analysi.i." the mayor 
declared, "it will be found the.'^e cow- 
ards fn Evert It wtrc. ^arrttroot fTiftrr'©*^ 

Justification, thot into the crowd on 
the boat wee the murderers and not 
the I. W. W.-s. 

Calls Them Co^rardN. 

"The men who met the I. W. W.'s at 
the boat were a bunch of cowards. 
They outnumbered the I. "\V. W.'s fiv* 
to one, and In spite of this they stood 
there on the docic and fired into the 
boat. 1. W. W.'s, innocent passengers 
and «11, 

j-T-r; weavers, ^..- 
\/U\\ couraged to an 
extent and lack- 


A Tl 
Ion TV 


iv ing their former 
oN-niE* solidarity, were 
forced to down 
tools again 
within a few 
weeks by the 
greatest of all 
strike agitators 
— Hunger. 

The prisoners 
in Seattle were 
held incommu- 
nicado for sev- 
eral days. They 
were fed upon 
the poorest 
grade of prison 
fare, and were 
made to sleep 
on the winter- 
chilled cement 
floors without 


Mayor Hiram 

'^ — d Gill, realizing 

that public sen- 


^ w i t h the im- 

„^ prisoned men, 

ordered that 

they be placed 

^"^ upon a proper 


A DUCK ( blankets 



""TiicRae and hJ» depatl*"?! had no legal 
rlitbt to tcM the I. W. W.s or anyone 
fUe 'that they could not land there. 
When the sneriff pot ht» hand on the 
butt of his Kun and told them they 
rould not land, he fired the first shot. 
In the eyes of the law, an«l the 1> w. 
W.'s can claim that they shot In selt» 

Mayor GUI aas»erled the Everett au- 
thorities have no intention of remov- 
Inir the T. W. W.'b now In Jail here to 
Snohomish County. ^ ^ 

"They are afraid to come down her« 
and get them." he declared, "because 
Everett is tn a Btate of anarchy and 
the. authorities don't know where 
they're at." 

Asked what he wouW IJave done at 
Everett Sunday when the I. "W. W.'s 
appeared at that city, the mayor said 
he would have permitted them to land. 

"After they had been allowed to come 
ashore." he said. "I would have had 
them 'watched. Then If they violated 
the law I would have had them thrown 
In Jail. There woujd have been no- 
trouble that way.** 

No FIslit ffa Seattle. 

"Because Everett has been reduced 
to a state of anarchy by th©4r hish- 
handed methods of dealing: with this 
situation It is no reason they are go- 
ing to attempt to bring: their fight 
down In Seattle, at least while I am 
mayor. ' 

"If I we?e one of the parly of forty 
I. W. W.'s who was almost beaten to 
death by 306 citizens of Everett with- 
out, being able to defend myself, I 
rrobably would have armed myself If 
Intended to visit Everett agaitv 

••If the Everett authorities had an 
ounce of sense, this tragedy would 
hiave never happened. They have 
handled the situation like a bunch of 
Imbeciles, and they have been trying 
to unload these men onto Seattle. You 
don't see any disturbances here, be- 
cause we don't use nickel methods." 

The mayor charged that Everett 
officials were Inconsistent In their 
handling of this situation. He said 
ihat they permit candidates for of- 
fice to violate the city ordinances b) 
Bpeaking on the streets and yet run 
the, I. W. W.'s out of town if they eti- 
'^ea.vor to,' mount a poap- bo:j. 

1 TH»NK. 

ontil ^ 

diet, be given 
blankets and be 
allowed to see 
relatives and 
friends. On No- 
vember 8th in 
the Seattle 
Times there ap- 
peared a state- 
ment by Gill 
that played a 
\ very important 

part in riveting 
the attention of 
the people upon 
the real crim- 
inals in the 
case. As the 
Times is a no- 
toriously con- 
servative and 
sheet, being 
largely respon- 
sible for the 
raid on the I. 
W. W. and So- 
cialist Halls on 
July 19, 1913, 
and for the at- 
tack by drunk- 
en sailors and 
soldiers on the I. W. W. hall on June 16, 1917, it 
can hardly be accused of exaggeration in favor of 
the workers in this interview. 

Following the publication of this interview the 
Seattle Chamber of Commerce, Seattle's "Commer- 
cial Club," endeavored to father a movement look- 
ing to the recall of Gill from office. Back of this at- 
tempt were Judge Thomas Burke, Louis Lang, Jay 
Thomas, and four stall-fed ministers, the Reverends 
W. A. Major, E. V. Shailer, Wood Stewart and 

they m- 
city th^ 
pal an 
ous n>j 
the p» 
the le% 

ceed V 
Ing S' 



Carter Helm Jones. Of these, Thomas represented 
the liquor interests, Lang was the former police 
chief who had been discharged in disgrace and was 
herding scabs on the waterfront, Burke was chief 
spokesman for the low-wage open-shop interests, 
and as to the preachers — ^the less said the better. 
The lumber and shipping trusts had adequate re- 
presentation at the "Law and Order" meeting as the 
attempted recall gathering was styled. But the 
whole thing fell flat when Gill himself offered to 
sign the recall for the opportunity it would give him 
to tell the real facts about the Everett case and the 
interests lined up behind the prosecution and the re- 

On the night of the tragedy a report was cir- 
culated in Seattle to the effect that every known I. 
W. W. would be arrested on sight. The answer to 
this was a street meeting at which nearly ninety 
dollars were collected as the first money toward the 
Everett Prisoners* Defense, and the packing of the 
hall for weeks thereafter by members and sympath- 
izers who had not attended meetings for a long 
time. A temporary committee was chosen to handle 
the work of the defense of the imprisoned men, and 
this committee acted until November 16th, at which 
time at a mass meeting of L W. W. members Herbert 
Mahler was elected secretary of the Everett Prison- 
ers* Defense Committee, Charles Ashleigh, publicity 
agent, and W. J. Houser, Morris Levine and Thomas 
Murphy as the committee. Richard Smith was after- 
ward chosen to take the place vacated by Levine. 
This committee functioned thruout the case and up 
until the final audit of their account on June 12, 

Within the jail a process of selection had gone 
on. One by one the free speech prisoners were taken 
from their cells and slowly led past a silent and 
darkened cell into whose gloomy depths the keenest 
eye was unable to penetrate. Again and again they 
were marched past the peephole, first with hats on 
and then with them off, while two sinister looking 


fingers were slid out of a narrow opening from time 
to time to indicate those who should be held. 

"Fd give two of my fingers," muttered one of the 
prisoners bitterly, "to know the skunk that belongs 
to those two fingers." 

Little did he and his fellow workers realize that 
they were to learn later, thru the development of the 
trial, that the principal person engaged in the des- 
picable work was George Reese, a member of the I. 
W. W. and of the I. L. A. It was on learning this 
that many of the actions of Reese were made clear; 
his connection with dock riots during the longshore- 
men's strike, his establishment of a "flying squad- 
ron" to beat up scabs on the waterfront, his open 
boast on the floor of I. L. A. meetings that his 
pockets were lined with money gained by robbing 
the strike-breakers after they had been beaten up 
and his advice to other strikers to do likewise, his 
activities just prior to the various dock fires, his 
seemingly miraculous escape in every instance when 
strikers were arrested, his election as delegate from 
the longshoremen to the Seattle Central Labor 
Council, his requests of prominent I. W. W. mem- 
bers that they purchase various chemicals for him, 
his giving of phosphorus to members of the I. L. A. 
and the I. W .W. with instructions as to how and 
where to use it, his attempts to advocate violence at 
an Everett street meeting, his gathering of "souve- 
nirs" on the Verona — all actions designed either to 
aid the employers in their fights against the work- 
ers or to furnish an excuse for his further employ- 
ment as an "informer." 

Well may the question be asked — What was 
Reese doing just as the Verona docked in Everett 
on November 5th? Was Reese merely a "stool 
pigeon" or was he an "agent provocateur?" 

Aiding Reese in the selective process was Charles 
Smith, the other Pinkerton operative who had been 
on the boat. One of the men first picked out was 
I. P. McDowell, alias Charles Adams, and this in- 
dividual was weak enough to fall for the promise 
of immunity offered by agents of the lumber trust 


if he would point out the "leaders" and then take 
the stand to swear that the men on the boat were 
armed and the first shot came from one of them. 
McDowell pointed out some of the men, but lacking 
the nerve to carry out the last part of the program 
he was held with the rest for trial. The seventy-four 
men thus picked were formally charged with murder 
in the first degree. The first charge carried the 
names of C. O. Curtis as well as that of Jefferson 
Beard, but later the name of Curtis was dropped 
from the information. The men so charged were: 

Charles Auspos, alias Austin, age 38, teamster, 
born in Wisconsin. 

James D. Bates, age 29, steam fitter, born in 

E. M. Beck, age 45, laborer, born in New York. 

Charles Berg, age 22, laborer, born in Germany. 

J. H. Beyer, age 56, painter, born in Michigan. 

J. F. Billings, age 35, cook, born in Nebraska. 

Charles Black, age 23, laborer, born in Pennsyl- 

J. J. Black, age 27, longshoreman, born in Mas- 

John W. Bowdoin, age 35, laborer, born in 

Frank Boyd, age 43, laborer, born in Illinois. 

Pete Breed, age 26, laborer, born in Holland. 

W. H. Brown, age 40, laborer, born in Maryland. 

H. T. Cheetman, age 25, carpenter, born in 

Fred Crysler, age 26, laborer, born in Canada. 

Charles H. Cody, age 46, painter, born in Mon- 

William Coffin, age 34, motorman, born in Calif- 

Clarence Cyphert, age 35, logger, born in Wash- 

Roy Davis, age 47, laborer, born in California. 

William Davis, age 35, cook, born in Maryland. 

Axel Downey, age 17, laborer, born in Iowa. 

John Downs, age 28, sailor, born in Colorado. 


Adolph Ersson, age 26, laborer and sailor, bom 
in Sweden. 

Harry Feinberg, age 25, cleaner and dyer, born 
in Illinois. 

Charles Hawkins, age 28, laborer, born in In- 

Charles Haywood, age 46, miner, born in Min- 

E. F. Hollingsworth, age 29, fireman, born in 
North Carolina. 

J. E. Houlihan, age 36, miner, born in Ireland. 

Alfred Howard, age 28, coal packer, born in 
New York. 

Harvey Hubler, age 21, teamster, born in Ill- 

Oscar Johnson, age 24, laborer, born in Sweden. 

Victor Johnson, age 37, laborer, born in Finland. 
* J. A. Kelly, age 31, logger, born in Ohio. 

Theodore Lauer, age 29, laborer, born in New 

William Lawson, age 32, laborer, born in Wash- 

Jack Leonard, age 27, laborer, born in Kentucky. 

Pat Lyons, age 48, laborer, born in England. 

Jim Mack, age 31, laborer, born in Ireland. 

Joseph Manning, age 28, automobile repairer, 
born in Pennsylvania. 

Laurence Manning, age 26, laborer, born in New 

Ed Miller, age 48, painter, born in New York. 

Harold Miller, age 21, gas fitter, born in Kansas. 

John Mitchell, age 38, miner, born in Illinois. 

George Murphy, age 28, laborer, born in Ken- 

Louis McCall, age 24, laborer, born in Texas. 

I. P. McDowell, alias Charles Adams, age 28, 
printer, born in Illinois. 

C. D. McLennan, age 48, longshoreman, born in 

Carl Newman, age 30, laborer, born in Sweden. 

John Nugent, age 38, laborer, born in New York, 


Malachi O'Neill, age 34, blacksmith, bom in Ire- 

Earl Osborne, age 33, logger, born in North Ca- 

Jack Paterson, age 24, laborer, born in Illinois. 

Harston Peters, age 32, laborer, born in Virginia. 

James Powers, age 47, sheet metal worker, born 
in Massachusetts. 

John Rawlings, age 26, laborer, born in Wis- 

Michael J. Reilly, age 23, laborer, born in New 

John Ross, age 36, laborer, born in Massachus- 

Ed. Roth, age 31, longshoreman, born in New 

Thomas Savage, age 50, machinist, born in New 

E. J. Shapeero, age 23, timekeeper, born in Penn- 

William Shay, age 28, laborer, born m Massa- 

H. Shebeck, age 24, laborer, born in Wisconsin. 

Albert Shreve, age 40, laborer, born in lillinois. 

H. Sokol, age 26, laborer, born in Russia. 

D. Stevens, agei 21, longshoreman, born in Canada 

Robert Struick, age 24, farmer, born in Michigan. 

Frank Stewart, age 35, logger, born in Canada. 

Tom Tracy, age 30, crane driver, born in Penn- 

Thomas H. Tracy, age 36, teamster, born in 

Edwart Truitt, age 28, longshoreman, born in 

F. O. Watson, age 35, blacksmith, born in Louis- 

James Whiteford (Kelly), age 36, cook, born in 
New York. 

Abraham B. Wimborne, age 22, buss-boy, born 
in England. 

William Winn, age 44, miner, born in Maryland. 


All of these men, with the exception of J. H. 
Beyer, were heavily handcuffed and secretly trans- 
ferred to Everett, forty-one being taken in the first 
contingent and the balance later. 

Meanwhile the I. W. W. branches in Seattle had 
communicated with the General Headquarters of 
the organization and steps had been taken to secure 
legal aid. Attempts to enlist the services of Frank 
P. Walsh, former chairman of the Industrial Rela- 
tions Commission, were unsuccessful. For various 
reasons other well known attorneys refused to ally 
themselves with the defense. 

Attorney Fred H. Moore of Los Angeles, res- 
ponding to the call from Seattle, reached Seattle 
just one week after the tragedy, on Sunday, Novem- 
ber, 12th. Moore acted as chief counsel for the de- 
fense. He had first come into prominence thru his 
connection with the great free speech fight waged 
in Spokane, Wash., during the fall of 1909 and the 
spring of 1910. During that fight he handled the 
legal end of the cases of many hundreds of free 
speech fighters whose arrests ran into the thousands. 
He was also connected with various other cases in 
connection with the Industrial Workers of the World, 
notably that of Jack Whyte and others arrested in 
the contest for free speech in San Diego, Cal., and 
the famous Ettor-Giovannitti case that developed 
from the great strike of textile workers in Lawrence, 
Mass., in 1912. His sympathy with the workers and 
his understanding of the class struggle made him 
invaluable to the defense. 

Of equal importance was attorney George F. 
Vanderveer, who was called into the case a little 
later than Moore. Vanderveer was formerly the 
prosecuting attorney for King county, in which posi- 
tion he won a reputation for clever and merciless 
cross-examination. One of Seattle's most prominent 
and brilliant lawyers, his wide acquaintance with all 
classes of people and his comprehensive knowledge 
of conditions in King and Snohomish counties, coupled 


with his keen satire and compelling logic, gave 
a force to the case that cannot be underestimated. 

Attorney E. C. Dailey of Everett, Caroline A. 
Lowe of Kansas City, Mo., and Harry Sigmond and 
J. L. Finch, both of Seattle, completed the list of 
counsel for the defense. 

After being held in the Seattle city jail for nine 
days without any charge having been placed against 
them, one hundred twenty-eight men who were on 
the Verona were released, small bodies of them 
being sent out at different periods in order to avoid 
demonstrations from the public. Those who were 
released were : 

James Agen, Frank Andrews, Brockman Arm- 
strong, W. D. Beachy, J. H. Beyer, John Bolan, J. 
Bonfield, Elmer Brisbon, Leonard Broman, George 
Brown, James Burns, Martin Cable, Val Calze, A. L. 
Cameron, James Carlough, J. H. Carr, Ray Clark, 
Joseph Cline, Archie Collins, Robert Conning, Nick 
Conaieff, Joseph Costello, R. F. Dalton, Frank Dante, 
C. W. Davis, Lawrence Davis, Albert Doninger, John 
Donohue, William Dott, Joseph Dougherty, Ned 
Dustard, J. H. Elliott, C. C. England, John Fitzpat- 
rick, A. Fletcher, Russell Free, Alfred Freeman, Ben 
Freeman, James Freeman, John Gibson, Frank Gil- 
larkey, P. A. Gragler, Charles Gray, James Gray, 
Paul Grossman, Ed Gruberg, Raymond Gurber, 
Robert Hansen, Joe Harris, L. W. Harris, Arnold 
Hensel, Roy Howell, G. H. Isenberg, Carl Jacobson, 
George Johnson, Ray Johnson, John Karne, Henry 
Krieg, Fred Laveny, Henry Lea, Raymond Lee, Wil- 
liam Ledingham, Charles Leider, Ira Luft, Ed Lynn, 
George Maguire, William Micklenburg, August Mil- 
ler, Dennis Miller, Frank C. Miller, John Miller,' 
Frank Millet, Roy Mitchell, William Montgomery, 
William Moore, James Murray, Leo McCabe, J. 
McCoy, Bernard Narvis, Al. Nickerson, Ben Noll, 
Tom Norton, Tom O'Connor, Jack Osborne, E. Peck- 
man, Hans Peterson, A. Pilon, Ira Porter, Max Ram- 
sey, Edward Rays, Herman Rechlenberg, Frank 
Reiner, Ernest Rich, John J. Riley, C. H. Ross, M. 


Rountell, Steve Sabo, J. L. Samuel, Joe Sarracco, 
Ed Schwartz, Carl Schultz, H. Stredwick, Arthur 
Shumek, Charles Smith, Harry Smith, E. J. Smith, 
Cecil Snedegar, Frank Sofer, Stanley Stafl, Ray- 
mond St. Clair, John Stroka,Mike Stysco, C. Thomas, 
Richard Tibbs, John Utne, Joseph Vito, John Walk- 
er, Benny Warshawsky, F. Westwood, Ben White- 
head, Arley Whiteside, William Wilke, H. Wilson, 
Frank Wise, and Charles Wolskie. 

Most of these were mere boys. Mere boys — but 
undaunted by their recent terrible experience on the 
Verona where the open shop fiends had fired upon 
them without warning. Mere boys — and yet they 
loyally marched straight to the I. W. W. hall as soon 
as they were released, there to inquire about the 
condition of their wounded fellow workers and to 
gain news of those who had been taken to Everett 
to answer charges of first degree murder. Mere 
boys — youthful enthusiasm shining on their beard- 
less faces. Scattered among them were a few men 
of middle years, and here and there a grey head 
stood out in bold relief — but the majority of them 
were mere boys, youthful soldiers in the Social 
Revolution, fine and clean and loyal material called 
together by the compelling ideal of a New Society. 

The predominance of young blood in the organ- 
ization was noted in the report of the 1912 conven- 
tion, where it was shown that ninety per cent of 
the membership were under thirty years of age, due 
of course to the fact that the modern tendency is 
to displace the older men in industry. As one wit 
has put it **If a man works as hard as the employers 
want him to he is worn out at forty-five ; if he isn't 
worn out at forty-five he is not the kind of worker 
the employers want." Others have noted the per- 
centage of the very young. John Graham Brooks, for 
instance, in "American Syndicalism — The I. W. W." 
has this to say : 

"Of the same nature as a characteristic is the 
youth of the membership. The groups I saw in the 
West bore this stamp so unmistakably as to suggest 


bodies of students at the end of a rather jolly pic- 
nic. The word *bum' usually applied to them in that 
region does not fit them. There are plenty of older 
men, as there are men with every appearance of 
being 'down and out' — with trousers chewed off at 
the heels, after the manner of tramps, but in. face 
and bearing they are far from 'bums.' In one of 
the speeches the young were addressed as 'best 
material;' because they could stand the wear and 
tear of racking journeys. They were free from 
family responsibilities, and could at any moment 
respond to the call of duty." 

Bearing out this idea, tho along a somewhat dif- 
ferent line, is an excerpt from an article by Anna 
Louise Strong which appeared in the Survey ma- 
gazine just prior to the trial. This and other articles, 
together with the personal efforts of Miss Strong, 
whose official standing as a member of the Seattle 
School Board and as Executive Secretary of the 
Seattle Council of Social Agencies gave weight to 
her opinion, did much toward creating a favorable 
public sentiment during the trial. Says Miss Strong: 
"The boys in jail are a cheerful lot. The 'tanks' 
which contain them are the tanks of the usual coun- 
ty jail, much overcrowded now by the unusual num- 
ber. Bunks crowded above each other, in full sight 
thru the bars; a few feet away, all the processes of 
life open to the casual beholder. But they sit in 
groups playing cards or dominoes ; they listen to tunes 
played on the mouth-organ; most of all they sing. 
They sing whenever visitors come, and smile thru 
the bars in cheerful welcome. Theirs is the spirit 
of the crusader of all ages, and all' causes, won or 
lost, sane or insane. Theirs is the irresponsibility 
and audacious valor of youth. When they disliked 
their food, says a conservative newspaper, they went 
on strike and 'sang all night.' Sang all night ! What 
sane adults in our drab, business-as-usual world 
would think of doing that? Who, in fact, could 
think of doing it but college boys or Industrial 
Workers of the World, cheerfully defying author- 


Thru an absurd and laughable error J. H. Beyer, 
one of the seventy-four men charged with first de- 
gree murder, was among those who were released. 
Beyer immediately sought out and told attorney 
Moore his story. Then this "hardened criminal" 
walked the street of Seattle after public announce- 
ment had been made that he was willing to be taken 
to Everett to be incarcerated with the rest of his 
fellow workers, and that he awaited rearrest. The 
prosecution made no move to apprehend him, so on 
December 14th Beyer went to Everett and asked 
the authorities to lock him up. The Snohomish of- 
ficials. shamefacedly granted this unique request but 
they absolutely refused to refund the money Beyer 
had paid to deliver himself up to "Justice." 

Before leaving Seattle Beyer made this state- 
ment: "I have waited here nearly a month since my 
release from the Seattle jail, yet no officer from 
Everett has come for me. In justice to the other 
boys accused I feel that I should share their lot as 
well as the accusation. I do not fear returning to 
Everett and giving myself up for I am confident that 
we shall be all exculpated. I am fifty-three years of 
age and have had many and varied experiences in 
my career, but I never expected to be accused of 
crime because I endeavored to assert my constitu- 
tional right of Free Speech." 

The same day that Beyer surrendered him- 
self, bonds of $50 each were secured for thirty- 
eight men who had been selected from the Verona 
and Calista and held on charges of unlawful as- 
sembly. Bail was given by James Duncan, Secretary 
of the Central Labor Council, and E. B. Ault, editor 
of the Union Record, both of Seattle. The released 
men were Dewey Ashmore, E. Belmat, C. Burke, L. 

E. Butcher, James Callahan, Harry Chase, Charles 
Day, A. J. Deach, Charles Ellis, J. Ford, Owen 
Genty, Hy Gluckstad, Frank Goff, James C. Hadley, 
Steve Heletour, A. O. Hooper, C. C. Hulbert, H. P. 
Hunsberger, C. L. Johnson, R. W. Jones, Joe Kelley, 

F. Lansing, W. O. Lily, E. McBride, William Mc- 


Gregor, R. Nicholson, David O'Hern, Harry Parker, 
J. Ryan, Sam Scott, Mark Skomo, Thomas Smye, 
and F. Thorpe. 

Altho an inquest had been held over the dead 
gunmen at such an early date after the tragedy and 
with such haste as to seem suspicious, repeated de- 
mands for an inquest over Labor's dead were of no 
avail. No such inquest was ever held. Only by 
strong protest were the bodies kept from the pot- 
ter's field. 

Thirty-eight charged with unlawful assembly, 
seventy-four in jail accused of first degree murder, 
tliirty-two severely wounded and at least two of 
these crippled for life, six unaccounted for and pro- 
bably shot and drowned, and five known dead in 
the city morgue, — this was the answer of the tyran- 
nical timber barons to Labor's demand for free 
speech and the right to organize within the confines 
of the Lumber Kingdom. 



"One of the greatest sources of social unrest and 
bitterness has been the attitude of the police toward 
public speaking. On numerous occasions in every 
part of the country the police of cities and towns 
have, either arbitrarily or under the cloak of a 
traffic ordinance, interfered with or prohibited pub- 
lic speaking, both in the open and in halls, by per- 
sons connected with organizations of which the po- 
lice or those from whom they receive their orders 
did not approve. In many instances such interfer- 
ence has been carried out with a degree of brutality 
which would be incredible if it were not vouched 
•for by reliable witnesses. Bloody riots frequently 
have accompanied such interference, and large 
numbers of persons have been arrested for acts of 
which they were innocent or which were committed 
under the extreme provocation of brutal treatment 
by police or private citizens. 

"In some cases this suppression of free speech 
seems to have been the result of sheer brutality and 
wanton mischief, but in the majority of cases it un- 
doubtedly is the result of a belief by the police or 
their superiors that they were 'supporting and de- 
fending the Government' by such invasion of per- 
sonal rights. There could be no greater error. Such 
action strikes at the very foundation of government. 
It is axiomatic that a government which can be 
maintained only by the suppression of criticism 
should not be maintained. Furthermore, it is the 
lesson of history that attempts to suppress ideas re- 
sult only in their more rapid propagation." 

The foregoing is the view of the Industrial Re- 
lations Commission as it appears on page 98 and 99 
of Volume One of their official report to the United 
States Government. 


The growth of a public sentiment favorable to 
the Industrial Workers of the World was clearly 
shown on November 18th, at which time the bodies 
of Felix Baran, Hugo Gerlot and John Looney were 
turned over to the organization for burial. Gustav 
Johnson had already been claimed by relatives and 
a private funeral held, and the body of Abraham 
Rabinowitz sent to New York at the request of his 

Thousands of workers, each wearing a red rose 
or carnation, formed in line at the undertaking par- 
lors and then silently marched four abreast behind 
the three hearses and the automobiles containing 
the eighteen women pall bearers and the floral 
tributes to the martyred dead. 

To the strains of the "Red Flag" and the **Mar- 
seillaise" the grim and imposing cortege wended its 
way thru the crowded city streets, meeting with ex- 
pressions of sorrow and sympathy from those who 
lined the sidewalk. Delegations of workers from 
Everett, Tacoma, and other Washington cities and 
towns were in line, and a committee from Portland, 
Ore., brought appropriate floral offerings. The sol- 
idarity of labor was shown in this great funeral 
procession, by all odds the largest ever held in the 

Arriving at the graveside in Mount Pleasant 
cemetery the rebel women reverently bore the cof- 
fins from the hearses to the supporting frame, sur- 
rounded by boughs of fragrant pine, above the yawn- 
ing pit. A special chorus of one hundred voices led 
the singing of ''Workers of the World, Awaken," and 
as the song died away Charles Ashleigh began the 
funeral oration. 

Standing on the great hill that overlooks the 
whole city of Seattle, the speaker pointed out the 
various industries with their toiling thousands and 
referred to the smoke that shadowed large portions 
of the view as the black fog of oppression and ignor- 
ance which it was the duty of the workers to dispel 
in order to create the Workers' Commonwealth. 
The entire address was marked by a simple note of 


resolution to continue the work of education until 
the workers have come into their own, not a trace 
of bitterness evincing itself in the remarks. Ash- 
leigh called upon those present never to falter until 
the enemy had been vanquished. **Today," he said, 
"we pay tribute to the dead. Tomorrow we turn, 
with spirit unquellable, to give battle to the foe!" 

As the notes of "Hold the Fort!" broke a mo- 
ment of dead silence, a shower of crimson flowers, 
torn from the coats of the assembled mourners, 
covered the coffins and there was a tear in every eye 
as the bodies slowly descended into their final rest- 
ing place. As tho loath to leave, the crowd lingered 
to sing the "Red Flag" and "Solidarity Forever." 
Those present during the simple but stirring service 
were struck with the thought that the class struggle 
could never again be looked upon as a mere bookish 
theory, the example of those who gave their lives in 
the cause of freedom was too compelling a call to 

But the imperious exactions of the class war left 
no time for mourning, and ere the last man had 
left the graveside the first to go was busily spread- 
ing the news of an immense mass meeting to be held 
in Dreamland Rink on the next afternoon. At this 
meeting five thousand persons from all walks of life 
gathered to voice their protest against the Everett 
outrage and to demand a federal investigation. The 
labor unions, the clergy, public officials and the 
general citizenry, were represented by the speakers. 
This was the first of many mass meetings held by 
the aroused and indignant people of Seattle until 
the termination of the case. 

The "kept" press carried on a very bitter cam- 
paign against the I. W. W. for some few days after 
the dock tragedy, but dropped that line of action 
when the public let them understand that they were 
striking a wrong note. Thereafter their policy was 
to ignore, as far as possible, the entire affair. Prac- 
tically the only time this rule was broken was in the 
printing of the song "Christians At War" by John 
F. Kendrick, taken from the I. W. W. song book. 




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The Seattle Post-Intelligencer gave a photographic 
reproduction of the cover page of the book and of 
the page containing the song. The obvious intent 
was to have people think that this cutting satire 
was an urge for the members of the I. W. W. to 
do in times of peace those inglorious things that are 
eminently respectable in times of war. Later the 
Times, and several other papers, reproduced the 
same cover and song, the only change being that 
certain words were inked out to make it appear that 
the song was obscene. And tho the P. — I. had pub- 
lished the song in full the Times placed beneath 
their garbled version these words, *'The portions 
blotted out are words and phrases such as never ap- 
pear in The Times or in any other decent news- 
paper." The simultaneous appearance of this song 
in a number of papers was merely a coincidence, no 
doubt; there is no reason to believe that the lumber 
trust inspired the attack! 

Allied as usual with the capitalist press and 
"stool pigeons" and employers' associations in a 
campaign to discredit the workers involved in the 
case, was the moribund Socialist Labor Party thru 
its organ, the Weekly People. 

The entire I. W. W. press came to the support 
of the imprisoned men as a matter of course. The 
Seattle Union Record and many other craft union 
papers, realizing that an open shop fight lay back 
of the suppression of free speech, also did great 
publicity work. But no particular credit is due to 
those "labol- leaders" who, like J. G. Brown, presid- 
ent of the Shingle Weavers' Union, grudgingly gave 
a modicum of assistance under pressure from radi- 
cals in their respective organizations. 

The Northwest Worker of Everett deserves es- 
pecial praise for its fearless and uncompromising 
stand in the face of the bitterest of opposition. This 
paper had practically to suspend publication be- 
cause of pressure the lumber trust brought to bear 
on the firm doing their printing. This, with the ac- 


tion recorded in the minutes of the Commercial 
Club, ^'decided to go after advertisements in labor 
journals and the Northwest Worker," shows that 
a free press is as obnoxious to the lumber lords as 
are free speech and free assembly. 

It scarcely needs noting that the International 
Socialist Review rendered yeoman service, as that 
has been its record in all labor cases since the in- 
ception of the magazine. Several other Socialist 
publications, to whom the class struggle does not 
appear merely as a momentary quadrennial event, 
also did their bit. Diverse foreign language publica- 
tions, representing varying shades of radical 
thought, gave to the trial all the publicity their 
columns could carry. 

Just why seventy-four men were picked as 
prisoners is a matter of conjecture. Probably 
it was because the stuffy little Snohomish county 
jail could conveniently, to the authorities, hold just 
about that number. The men were placed four in a 
cell with ten cells to each tank, there being two 
tanks of steel resting one above the other. Even 
with all the windows thrown open the ventilation 
was so poor that the men were made ill by the foul 

For almost two full months after being trans- 
ported to Everett the men were held incommuni- 
cado ; were not allowed to see papers or magazines 
or to have reading matter of any description ; were 
subjected to the brutalities of Sheriff McRae and 
other jail officials who had been prominent in pre- 
vious outrage and participants in the massacre at 
the dock; and were fed on the vilest prison fare. 
Mush was the principal article of diet; mush semi- 
cooked and cold; mush full of mold and maggots; 
mush that was mainly husks and lumps that could 
not be washed down with the pale blue prison milk ; 
mush — until the prisoners fitfully dreamed of mush 
and gagged at the mere mention of the word. Find- 
ing themselves slowly starving the men decided that 
it were better to complete the job at once rather 
than to linger in misery. A hunger strike was de- 


clared! Meal after meal — or mush after mush — 
passed and the men refused to eat. Those who were 
thought to be leaders in the miniature revolt were 
thrown in the blackhole where there was neither 
light nor fresh air. Still the men refused to eat, so 
the authorities were forced to surrender and the 
men had something to eat besides mush. 

Great discomfort was experienced by the prison- 
ers from having to sleep on the cold steel floors of 
the unheated cells during the chill November nights. 
Deciding to remedy the condition they made a de- 
mand for mattresses and blankets from the author- 
ities, not a man of them being willing to have the 
Defense Committee purchase such supplies. The 
needed articles were refused and the nien resorted 
to a means of enforcing their demands known as 
"building a battleship." 

With buckets and tins, and such strips of metal 
as could be wrenched loose, the men beat upon the 
walls, ceilings, and floors of the steel tanks. Those 
who found no other method either stamped on the 
steel floors in unison with their fellows, or else re- 
moved their shoes to use the heels to beat out a tat- 
too. To add to the unearthly noise they yelled con- 
certedly with the full power of their lungs. Three 
score and ten men have a noise-making power that 
words cannot describe. The townspeople turned 
out in numbers, thinking that the deputies were mur- 
dering the men within the jail. The battleship con- 
struction workers redoubled their efforts. Ac- 
knowledging defeat, the jail officials furnished the 
blankets and mattresses that had been demanded. 

A few days later the men started their morning 
meal only to find that the mush was strongly "dop- 
ed" with saltpeter and contained bits of human 
manure and other refuse — ^the spite work, no doubt, 
of the enraged deputies. Another battleship was 
started. This time the jailers closed all the windows 
in an effort to suffocate the men, but they broke the 
glass with mop-handles and continued the din. As 


before, the deputies were defeated and the men re- 
ceived better food for a time. 

On November 24th an official of the State Board 
of Prisoners took the finger prints and photographs 
of the seventy-four men who were innocent until 
proven guilty under the "theory" of law in this 
country, and, marking these Bertillion records with 
prison serial numbers, sent copies to every prison in 
the United States. In taking the prints of the first 
few men brute force was used. Lured from their 
cells the men were seized, their hands screwed in a 
vise, and an imprint taken by forcibly covering their 
hands with lampblack and holding them down on 
the paper. When the others learned- that some had 
thus been selected they voted that all should submit 
to having their prints taken so the whole body of 
prisoners would stand on the same footing. Attor- 
ney Moore was denied all access to the prisoners 
during the consummation of this outrage. 

After obtaining permission of the jail officials a 
committee of Everett citizens, with the voluntary 
assistance of the Cooks* and Waiters' Union, prepar- 
ed a feast for the free speech prisoners on Thanks- 
giving Day. When the women arrived at the jail 
they were met by Sheriff McRae who refused to al- 
low the dinner to be served to the men. McRae was 
drunk. In place of this dinner the sheriff set forth 
a meal of moldy mush so strongly doped with chemi- 
cals as to be unfit for human consumption. This 
petty spite work by the moon-struck tool of the 
lumber- trust was in thoro keeping with the coward- 
ly characteristics he displayed on the dock on No- 
vember 5th. And the extent to which the daily 
press in Everett was also under the control of the 
lumber interests was shown by the publication of a 
faked interview with attorney Fred Moore publish- 
ed in the Everett Herald under date of November 
29th, Moore having been credited with the state- 
ment that the prison food deserved praise and the 
prisoners were "given as good food and as much of 
it as they could wish." 

During the whole of McRae's term as sheriff 


there was no time that decent food was given vo- 
luntarily to the prisoners as a whole. At times, with 
low cunning, McRae gave the men in the upper tank 
better food than those confined below, and also 
tried to show favoritism to certain prisoners, in 
order to create distrust and suspicion among the 
men. All these attempts to break the solidarity of 
the prisoners failed of their purpose. 

On one occasion McRae called "Paddy" Cyphert, 
one of the prisoners whom he had known as a boy, 
from his cell and 'offered to place him in another 
part of the jail in order that he might escape injury 
in a "clubbing party'' the deputies had planned. 
Cyphert told McRae to put him back with the rest 
for he wanted the same treatment as the others and 
would like to be with them in order to resist the 
assault. In the face of this determination, which was 
typical of all the prisoners, the contemplated beat- 
ing was never administered. 

McRae would oftentimes stand outside the tanks 
at a safe distance and drunkenly curse the prisoners 
and refer to them as cowards, to which the men 
would reply by repeating the words of the sheriff 
on the dock, "0-oh, Fm hit! I-Fm h-hit!! I-I-I'm 
h-h-hit!!!" Then they would burst forth with a 
song written by William Whalen in commemoration 
of the exploits of the doughty sheriff, a song which 
since has become a favorite of the migratory work- 
ers as they travel from job to job, and which will 
serve to keep the deeds of McRae fresh in the minds 
of the workers for many years to come. 


Call out your Fire Department, go deputize your 

Gather in your gunmen and stool pigeons from the 

slums ; 
You may resolute till doomsday, you ill-begotten 

knave ; 
We'll still be winning Free Speech Fights when you 

are in your grave! 


You reprobate, you imp of hate, you're a traitor to 
the mind 

That brought you forth in human shape to prey 
upon mankind. 

You are lower than the snakes that cawl or the 
scavengers that fly; 

You're the living, walking image of a damn black- 
hearted lie! 

We'll still be here in Everett when your career is 

And back among the dregs of life your dirty hide has 

When you shun the path of honest wrath and fear 

the days to come. 
And bow your head to the flag of red, you poor 

white-livered bum! 

For the part you played in Everett's raid that fate- 
ful Sunday morn. 

May your kith and kindred live to curse the day 
that you were born; 

May the memory of your victims haunt your con- 
science night and day. 

Until your feeble, insect mind beneath the strain 
gives way! 

Oh, Don McRae, you've had your day; make way 

for Freedom's host: 
For Labor's sun is rising, soon 'twill shine from coast 

to coast! 
The shot you fired at Everett re-echoes thru the 

As a message to the working class to organize and 


Those graves upon the hillside as monuments will 

To point the way to Freedom's goal to slaves thru- 
out the land; 

And when at last the working class have made the 
masters yield. 

May your portion of the victory be a grave in the 
Potter's Field! 


The end of the first week in January brought 
about the change in the administrative force of 
Snohomish county that had been voted at the No- 
vember election. A new set of lumber trust lackeys 
were placed in office. James McCullogh succeeded 
Donald McRae as sheriff, and Lloyd Black occupied 
the office vacated by Prosecuting Attorney O. T. 

The advent of a new sheriff made some slight 
difference in the jail conditions, but this was more 
than offset by the underhanded methods used from 
that time on with the idea of breaking the solidarity 
of the free speech fighters. Liquor was placed in 
the bathrooms where the men could easily get hold 
of it, but even among those who had been hard 
drinkers on the outside there were none who would 
touch it. Firearms were cunningly left exposed in 
hopes that the men might take them and attempt 
a jail break, thus giving the jailers a chance to shoot 
them down or else causing the whole case to be dis- 
credited. The men saw thru the ruse and passed by 
the firearms without touching them. 

Working in conjunction with the prosecuting at- 
torney was H. D. Cooley. This gentleman was one 
of the deputies on the dock, having displayed there 
his manly qualities by hiding behind a pile of wood 
at first, and later by telling others to go with rifles 
to head off the Calista which he had spied ap- 
proaching from the direction of Mukilteo. Cooley 
had a practice among the big lumbermen, and in 
the case against the I. W. W. he was hired by the 
state with no stipulation as to pay. The general ex- 
cuse given for his activities in the case, which dated 
from November 6th, was that he was retained by 
"friends of Jefferson Beard" and other "interested 

Attorney A. L. Veitch was also lined up with the 
prosecution. He was the same gentleman who had 
lectured to the deputies during the preceding fall 
as a representative of the Merchants' and Manufact- 
urers' Association, and had told the deputies how 
to handle "outside agitators." Veitch was also em- 


ployed by the state as a matter of record, but there 
was a direct stipulation that he receive no pay from 
state funds. He also was employed by "friends of 
Jefferson Beard" and other ''interested parties/* 

With Veitch there was imported from Los 
Angeles one Malcolm McLaren, an M. and M. de- 
tective and office partner with Veitch, to act as 
**fix-it" man for the lumber trust. McLaren was at 
one time an operative for the infamous Wm. J. 
Burns, and Burns has well said "Private detectives, 
ninety per cent of them, as a class, are the worst of 
crooks, blackmailers and scoundrels.'* Under Mc- 
Cullogh's regime this open-shop gumshoe artist had 
free access to the jail with instructions to go as far 
as he liked. 

Just what the prisoners thought about jail con- 
ditions during the time they were incarcerated is 
given in the following report which was smuggled 
out to the Industrial Worker and published on 
March 3rd: 

" 'Everything is fine and dandy on the outside, 
don't worry, boys.' " 

"This is the first thing we heard from visitors 
ever since we seventy-four have been incarcerated 
in the Snohomish County Jail at Everett. 

"While 'everything is fine and dandy on the out- 
side' there are, no doubt, hundreds who would like 
to hear how things are on the inside. Let us assure 
everyone on the outside that 'everything is fine and 
dandy' on the inside. We are not worrying as it is 
but a short time till the beginning of the trials, the 
outcome of which we are certain will be one of the 
greatest victories Labor has ever known, if there 
exists a shadow of justice in the courts of America. 

"One hundred days in jail so far — and for no- 
thing! Stop and think what one hundred days in 
jail means to seventy-four men! It means that in 
the aggregate the Master Class have deprived us of 
more than twenty years of liberty. Twenty years! 
Think of it, and a prospect of twenty more before 
all are at liberty. 

"And why? 


"There can be but one reason, one answer: We 
are spending this time in jail and will go thru the 
mockery of a trial because the masters of Everett 
are trying to shield themselves from the atrocious 
murders of Bloody November Fifth. 

"After being held in Seattle, convicted without a 
trial, except such as was given us by the press car- 
rying the advertising of the boss and dependent on 
him for support, on November 10th forty-one of us 
were brought to Everett. A few days later thirty 
more were brought here. 

"We found the jail conditions barbarous. There 
were no matresses and only one blanket to keep off 
the chill of a Puget Sound night in the cold, un- 
heated steel cells. There were no towels. We were 
supplied with laundry soap for toilet purposes, 
when we could get even that. Workers confined in 
lower cells were forced to sleep on the floors. There 
were five of them in each cell and in order to keep 
any semblance of heat in their bodies they had to 
sleep all huddled together in all their clothing. 

"The first few days we were in the jail we spent 
in cleaning it, as it was reeking with filth and pro- 
bably had never been cleaned out since it was built. 
It was alive with vermin. There were armies of 
bedbugs and body lice. We boiled up everything in 
the jail and it is safe to say that it is now cleaner 
than it had ever been before, or ever will be after 
the Wobblies are gone. 

"When we first came here the lower floor was 
covered with barrels, boxes and cases of whiskey 
and beer. This was moved in a few days, but evi- 
dently not so far but McRae and his deputies had 
access to it, as their breath was always charged with 
the odor of whiskey. It was an everyday occurrence 
to have several of the deputies, emboldened by li- 
quid courage and our defenseless condition — walk 
around the cell blocks and indulge in the pastime 
of calling us vulgar and profane names. Threats 
were also very common, but we held our peace and 
were content with the thought that *a barking dog 
seldom bites.' 


"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 re- 
gulations 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 follow- 
ing 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 
oflftcials. 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 dif- 
ferent from what I heard they were. You fellows 
are all right.' The answer was simply: 'Organiza- 
tion.' 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 In- 
dustrial Unionism than when we entered the jail. 

"The meals! Did we say 'meals?* A thousand 


pardons ! Next time we meet a meal we will apolo- 
gize to it. Up to the time we asserted our displeas- 
ure 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 disappoint- 
ed upon learning that we were not dead. This doc- 
tor 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 condi- 
tions 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 administra- 
tion took place, we called a meeting which resulted 
in an interview with Sheriff McCullogh. Among 
other things we demanded a cook. For days the she- 
riff 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 w.ere inform- 
ed 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 sam^thing. For do- 
ing 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 
hell many, times, the doors were finally locked. 

" *By God, 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 facili- 
ties had we nt)t 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!' 

"Battleship we did! Such a din had never be- 
fore 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 cor- 
ridors. 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 de- 
cided to forcibly bring the jail conditions to the at- 
tention of the authorities and the citizens. We were 
not willing to die of hunger and thirst. We told She- 
riff 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 li- 
berty 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 

If the authorities hoped to save money by their 
niggardly 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 theni 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 wreck- 
age 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 mi- 
nutes. 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 Hell." 

Lloyd Black, prosecuting attorney only by a po- 
litical accident, soon dropped his ideals and filled 
the position of prosecutor as well as his limited abili- 
ties allowed, and it was apparent that he felt the 
hands of the lumber trust tugging on the strings at- 
tached to his job and that he had succumbed to the 
insidious influence of his associates. He called vari- 
ous prisoners from their cells and by pleading, cajol- 
ing 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 depart- 


ment 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 Dow- 
ney 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 associates 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 sen- 
sation 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 rudi- 
mentary principles. It may be that the previous re- 
cord of Auspos had given an opportunity for Mc- 
Laren 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 assumed 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 in- 
clined 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 class solidarity within them 
led them to say, "Do with me as you will, I shall 
never betray the working class." 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 peni- 
tentiary 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 ob- 
tained 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, Hub- 
ler refused to go out of the tank, even tho the "law- 
yer" stated that he had ^een 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, acompanied 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, Hub- 


ler went out of the tank to wash his clothes. The 
jailers had been awaiting this opportunity and im- 
mediately 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 

Meanwhile the men in the tanks had started an- 
other 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 mat- 
tresses, blankets, clothing and supplies belonging to 
the county and throwing them where they would be 
ruined by the water, and not knowing what was hap- 
pening 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 citi- 
zens, 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 occurence 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. 

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 

Judge J. T. Ronald 


the menu ran from soup to nuts. An after dinner 
ci^ar, and a little boutonniere of fragrant flowers 
furnished by a gray-haired old lady, completed the 

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 endur- 

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 ap- 
pointment of an outside judge by the governor of 
the state. 

Judge J. T. Ronald, of King County, was selected 
bv 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 

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 title 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 identity was known be- 
cause 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 pre- 
venting any congressional investigation of the tra- 
gedy of November 5th and the circumstances sur- 
rounding it. The petitions of thousands of citizens 
of the state of Washington were ignored. All too 
well the employers knew what a putrid state of af- 
fairs would be uncovered were the lumber trust meth- 
ods exposed to the pitiless light of publicity. That 
the trial itself would force them into the open evi- 
dently did not enter into their calculations. 

In changing the information charging the mur- 
der of C. O. Curtis to the charge of murdering Jef- 
ferson 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 associates. 

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. 



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. Its 
offices for the conduct of the county and city busi- 
ness are spacious 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 at- 
tends the administration of **law and order.'* The 
court of Judge Ronald, like many other courts in the 
land, is admirably designed for the bungling ineffi- 
ciencies of "justice." Yet it was in this theater, 
thru the medium of the Everett trial, that the class 
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. Grif- 
fin 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 ne- 
cessary to wait in line for hours until the tiny court- 
room was opened and the lucky hundred odd per- 
sons 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 pub- 


lications whose policies ranged from the ultra con- 
servative to the extreme radical. Here the various 
reporters v^ere seen writing madly as some import- 
ant point came up, then subsiding into temporary 
indifference, passing notes, joking in whispers, 
drawing personal cartoons of the judge, jury, coun- 
sel, court functionaries and out-of-the-ordinary spec- 
tators, — the only officially recognized persons in the 
courtroom showing no signs of reverence for the 
legal priesthood and their mystic s'acerdotalism. 

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 No- 
vember 5th, as next counsel in line ; and A. L. Veitch, 
handsome in a gross sort of a way, full faced, sen- 
sual 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 
v^orthy gentlemen was a tall, lean, grey, furtive- 
eyed individual who was none other than the re- 
doubtable 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 occa- 
sionally 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 person- 
ages 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 Jirst 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 bail- 
iff, a special stenographer, and Sheriff McCullogh of 
Snohomish county, occupied the intervening space 
to the pulpit from which Judge J. T. Ronald deliver- 
ed 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- 
shell rimmed smoked glasses resting on his slightly 
aquiline nose and surmounting the heavy, closely 
trimmed, dark Vandyke beard. 

To the right of the judge as he faced the audi- 
ence 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 tales- 
men 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 assemble peaceably, to speak freely, and to ad- 
vocate 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 class struggle. 

The examination of talesmen occupied consider- 
able time. Each individual was asked whether he 
had read any of the following papers: The Indus- 
trial Worker, The Socialist World, or the Pacific 
Coast Longshoreman. The prosecution also inquired 
as to the prospective juror's familiarity with the I. 
W. W. Song Book and the various works on Sabot- 
age. 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 

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 im- 
pression, 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 

Mrs. Mattie Fordran, wife of a steamfitter; Ro- 
bert 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 class 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, passed just prior 
to this trial, were : J. W. Efaw, furniture manufact- 
urer, 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 por- 
tion 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 as- 
sembled congregation arose and stood in deep obeis- 
ance before His Majesty The Law, the pompous 
bailiff rapped for order and delivered an incanta- 
tion, the Judge seated himself on the throne of 
"Justice," the assemblage subsided into their seats 
— and the trial was opened in earnest. Prosecuting 
Attorney Lloyd Black then gave his opening state- 
ment, 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 assisted, counselled, 
aided, abetted and encouraged some unknown per- 
son to kill Jefferson Beard on the 5th of November, 

"* * * 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 ver- 
sion 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 Spo- 
kane 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." 

it* * * That in furtherance of their threats 
that they would burn the city of Everett, that a 
number of mysterious fires took place, fires connect- 
ed 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 wrap- 
ped up. 


"* * * At different times, the evidence will 
show, Sheriff Donald McRae and other peace offic- 
ers 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 inci- 
dent 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 re- 
moval 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 re- 
volution 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 organiza- 
tion 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 V^n- 


derveer drawing from Lester Beard the admission 
that his father was an employment agent in Seattle 
in 1914. 

Following them, Drs. William O'Keef Cox, 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. Cox 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 per- 

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 space 
on the dock into the warehouse. He afterward ac- 
companied Beard to the hospital in an automobile 
and returned to the dock with Beard's unfired re- 
volver 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 ^ membership in the Commercial Club 
at the timg. Jie was injured in the right arm in the 
tr(9^able at the 4ock and then ran around the corner 
^f tjje ticket office, after which he emptied his re- 


volver 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. Mitchell, 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 space 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 insur- 
ance 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 immedi- 
ately 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 capi- 
talists 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 op- 
position 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 parti- 
cipant in the outrage at Beverly Park. He named 
others who went out with him in the same auto- 


mobile, 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 partici- 
pate 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 associate 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." 

During the examination of this witness, and at 
various times thruout the long case, it was only with 
evident effort that Attorney Vanderveer kept on the 
unfamiliar ground of the class struggle, his natural 
tendencies being to try the case as a defense of a 
pure and simple murder charge. 

W. P. Bell, an Everett attorney representing a 
number of scab mills, a member of the Commercial 
Club and a deputy on the dock, testified next, con- 
tradicting the previous witnesses but throwing no 
additional light upon the case. He was followed by 
Charles Tucker, a scab and gunman employed by 
the Hartley Shingle Company and a deputy on the 
dock. Tucker lied so outrageously that even the 
prosecution counsel felt ashamed of him. He was 
impeached by his own testimony. 

Editor* J. A. MacDonald of the Industrial 
Worker was called to the stand to show the official 
relation of the paper to the I. W. W. and to lay a 
foundation for the introduction of a file of the issues 
prior to November 5th. A portion of the file was 
introduced as evidence and at the same time the 
state put in as exhibits a copy of the I. W. W. Con- 
stitution and By-Laws, Sabotage by Elizabeth Gur- 
ley Flynn, Sabotage by Walker C. Smith, The Re- 
volutionary I. W. W. by Grover H. Perry, The I. W. 
W., Its History, Structure and Methods by Vincent 
St. John, and the Joe Hill Memorial Edition of the 
Song Book. 


Herbert Mahler, former secretary of the Seattle 
I. W. W. and at the time Secretary-Treasurer of the 
Everett Prisoners' Defense Committee, was next 
upon the stand. He was asked to name various 
committees and to identify certain telegrams. The 
unhesitatingly clear answers of both MacDonald 
and Mahler were in vivid contrast to the mumbled 
and contradictory responses of the deputies. 

William J. Smith, manager of the Western Un- 
ion Telegraph Company was then called to further 
corroborate certain telegrams sent and received by 
the I. W. W. 

As the next step in the case prosecutor Black 
read portions of the pamphlet "Sabotage" by Smith, 
sometimes using half a paragraph and skipping 
half, sometimes using one paragraph and omitting 
the next, provoking a remonstrance from Attorney 
Vanderveer which was upheld by the Court in these 
words : 

"You have a right to do what you are doing, Mr. 
Black, but it don't appeal to my sense of fairness 
if other omissions are as bad as the one you left 
out. You are following the practice, but I don't 
know of an instance where there has been such an 
awful juggling about, and it is discretionary with 
the Court, and I want to be fair in this case. I want 
to let them have a chance to take the sting out of it 
so as to let the jury have both sides, because it is 
therer Now, Mr. Vanderveer, I am going to leave it 
to you not to impose upon the Court's discretion. 
Any new phases I don't think you have the right to 
raise, but anything that will modify what he has 
read I think you have the right to." 

Thereupon Vanderveer read all the omitted por- 
tions bearing upon the case, bringing special empha- 
sis on these two parts : 

"Note this important point, however. Sabotage 
does not seek nor desire to take human life." 

"Sabotage places human life — and especially 
the life of the only useful class — higher than all 
else in the universe." 


With evidences of amusement, if not always ap- 
proval, the jury then listened to the reading of 
numerous I. W. W. songs by Attorney Cooley for 
the prosecution, tho some of the jurymen shared in 
the bewilderment of the audience as to the connec- 
tion between the song ^'Overalls and Snuff" and de- 
fendant Tracy charged with a conspiracy to com- 
mit murder in the first degree. 

D. D. Merrill, Mayor of Everett, next took the 
stand. He endeavored to give the impression that 
the I. W. W. was responsible for a fire loss in Everett 
of $100,000.00 during the latter part of the year 
1916. Vanderveer shot the question: 

'Trom whom would you naturally look for in- 
formation on the subject of fires?" 

"From the Fire Chief, W. C. Carroll," replied the 

"We offer this report in evidence," said Vander- 
veer crisply. 

The report of the Fire Chief was admitted and 
read. It showed that there were less fires in 1916 
that in any previous year in the history of Everett, 
and only four of incendiary origin in the entire list! 

The prosecution tried to squirm out of this tick- 
lish position by stating that they meant also the 
fires in the vicinity of Everett, but here also they 
met with failure for the principal fire in the sur- 
rounding district was in the co-operative mill, own- 
ed by a number of semi-radical workingmen at 

The mayor told of having been present at the 
arrest of several men taken from a freight train at 
Lowell, just at the Everett city limits. Some of these 
men were I. W. W.s, and on the ground afterward 
there was said to have been found some broken 
glass about which there was a smell of phosphorus. 
The judge ruled out this evidence because there 
were other than I. W. W. men present, no phos- 
phorus was found on the men, and if only one 
package were found it would not indicate a con- 
spiracy but might have been brought by an agent 


of the employers. This was the nearest the prosecu- 
tion came at any time in the trial in their attempt to 
connect the I. W. W. with incendiary fires. 

A tense moment in this sensational trial came 
during the testimony of Mayor Merrill, when young 
Louis Skaroff was suddenly produced in court and 
the question flashed at the cringing witness: 

"Do you recognize this boy standing here? Do 
you recognize him, Louis Skaroff?" 

"I think I have seen him," mumbled the mayor. 

"Let me ask you if on the 6th day of November 
at about ten o'clock at night in a room in the City 
Hall at Everett where there was a bed room having 
an iron bedstead in it, in the presence of the jailer, 
didn't you have an interview with this man?" 

Merrill denied having mutilated Skaroff 's fingers 
beneath the casters of the bed, but even the capital- 
ist press reported that his livid face and thick voice 
belied his words of denial. 

And Prosecutor Lloyd Black remarked heatedly, 
"I don't see the materiality of all this." 

Merrill left the stand, having presented the sor- 
riest figure among the number of poor witnesses 
produced by the prosecution. 

Carl Clapp, superintendent of the Municipal 
Waterworks at Everett, and commander of one of 
the squads of deputies, followed with testimony to 
the effect that sixty rifles from the Naval Militia 
were stored in the Commercial Club on November 
5th. At this juncture the hearing of further evi- 
dence was postponed for a half day to allow Attor- 
ney Vanderveer to testify on behalf of Mayor H. C. 
Gill in a case then pending in the Federal Court. 

On several other occasions Vanderveer was 
called to testify in this case and there were times 
when it was thought that he also would be indicted 
and brought to trial, yet with this extra work and 
the threat of imprisonment hanging over him, Van- 
derveer never flagged in his keen attention to the 
work of the defense. It was commonly thought that 
the case against Gill and the attempt to involve 


Vanderveer were moves of the lumber trust and 
Chamber of Commerce directed toward the I. W. 
W., for in the background were the same interested 
parties who had been forced to abandon the recall 
against Seattle's mayor. Gill's final acquittal in this 
case was hailed as an I. W. W. victory. 

Upon the resiimption of the trial the prosecution 
temporarily withdrew Glapp and placed Clyde Gib- 
bons on the stand. This witness was the son of 
James Gibbons, a deceased member of the I. W. W., 
well and favorable known in the Northwest. James 
Gibbons was killed by a speeding automobile about. 
a year prior to the trial, and his widow and son, 
Clyde, were supprted by the I. W. W. and the 
Boiler Makers' Union for several months thereafter. 

Clyde Gibbons, altho but seventeen years old, 
joined the Navy by falsifying his age. Charity de- 
mands that the veil be drawn over the early days 
of Clyde's training, yet his strong imagination and 
general untruthfulness are matters of record. He 
was shown in court to have stolen funds left in trust 
with him by Mrs. Peters, one of the persons against 
whom his testimony was directed. It is quite pro- 
bable that the deceit about his age, or some other 
of his queer actions, were discovered and used to 
force him to testify as the prosecution desired. The 
following testimony bears out this idea : 

**Who was it that you met at the Naval Recruit- 
ing Station and took you to McLaren?" 

"I don't know his name." 

"Well, how did you get to talking to this total 
stranger about the Everett matter?" 

"He told me he wanted to see me in the judge's 

"And they took you down to the judge's office, 
did they?" 

"Yes, sir." 

"And when you got to the judge's office you 
found you were in Mr. McLaren's and Mr. Veitch's 
and Mr. Black's office in the Smith Building?" 

"Yes, sir." 


Gibbons testified as to certain alleged conversa- 
tions in an apartment house frequented by members 
of the I. W. W., stating that a party of members 
laid plans to go to Everett and to take with them 
red pepper, olive oil and bandages. Harston Peters, 
one of the defendants, had a gun that wouldn't 
shoot and so went unarmed, according to this wit- 
ness. Gibbons also stated that Mrs. Frenette took 
part in the conversation in this apartment house on 
the morning of the tragedy, whereupon Attorney 
Moore asked him: 

"On directing your attention to it, don't you re- 
member that you didn't see Mrs. Frenette at all in 
Seattle, anywhere, at any time subsequent to Satur- 
day night; that she went to Everett on Saturday 

''Well, I am quite sure I saw her Sunday, but 
maybe I am mistaken." 

The judge upheld the defense attorneys in their 
numerous objections to the leading questions pro- 
pounded by prosecutor Black during the examina- 
tion of this witness. 

Clapp was recalled to the stand and testified 
further that Scott Rainey, head of the U. S. Naval 
Militia at Everett, had ordered Ensign McLean to 
take rifles to the dock, and that the witness and Mc- 
Lean had loaded the guns, placed them in an auto 
and taken them to the dock, where they were dis- 
tributed to the deputies just as the Verona started 
to steam away. 

Ignorance as to the meaning of simple labor 
terms that are in the every-day vocabulary of the 
''blanketstiff" was shown by Clapp in his answers 
to these queries: 

''What is direct action?" 

"Using force instead of lawful means." 

"What do you mean?" 

"Well, either physical force, or conspiracy." 

"You understand conspiracy to be some kind of 
force, do you?" 

"It may be force." 


When asked where he had obtained information 
about sabotage, this witness said that he had looked 
up the word in Webster's Unabridged Dictionary, a 
work in which the term is strangely absent. 

Clapp was the first witness to admit the armed 
character of the deputy body and also to state that 
deputies with guns were stationed on all of Everett's 

After excusing this witness, Cooley brought in 
copies of two city ordinances covering street speak- 
ing in Everett. One of them which allowed the hold- 
ing of meetings at the corner of Hewitt and Wet- 
more Avenues was admitted without question, but 
the other which purported to have been passed on 
September 19, 1916, was objected to on the ground 
that it had not been passed, was never put upon 
passage and never moved for passage in the Everett 
City Council. 

Richard Brennan, chauffeur of the patrol wagon, 
A. H. Briggs, city dog catcher, and Floyd Wildey, 
police officer, all of Everett, then testified regarding 
the arrest of I. W. W. members during August and 
September. Wildey stated that on the night of 
August 30 four or five members of the I. W. W. 
came away from their street meeting carrying sec- 
tions of gaspipe in their hands. This was thought to 
be quite a blow against the peaceful character of 
the meeting until it was discovered on cross-examin- 
ation that the weapons were the removable legs of 
the street speaking platform. 

David Daniels, Arthur S. Johnson, Garland 
Queen, J. R. Steik. M. J. Fox and, later on. Earl 
Shaver, all of whom were police officers in Everett, 
gave testimony along somewhat the same lines as 
the other witnesses from Everett who owed their 
jobs to the lumber trust. They stated that the I. W. 
W. men deported on August 23rd, had made threats 
against McRae and several police officers. 

Ed. M. Hawes, proprietor of a scab printing 

and stationery company, member of the Commer- 

• cial Club and citizen deputy, gave testimony similar 


to that of other vigilantes as to the trouble on No- 
vember 5th. When asked if he had ever known any 
I. W. W. men offering resistance, Hawes replied 
that one had tried to start a fight with him at Be- 
verly Park. Having thus established his connection 
with this infamous outrage, further questioning of 
this witness developed much of the story of the 
brutal gauntlet and deportation. Hawes told of one 
of his prisoners making an endeavor to escape, and 
when asked whether he blamed the man for trying 
to get away, answered that he thought the prisoner 
was a pretty big baby. 

"You thought he was a pretty big baby?" quer- 
ied Vanderveer. 

"Yes, sir." 

"Or do you think the men were pretty big ba- 
bies and cowards who were doing the beating?" 

The witness had no answer to this question. 

"How much do you weigh?" demanded Vander- 
veer sharply. 

"I weigh 260 pounds," replied Hawes. 

Frank Goff and Henry Krieg, two young lads 
who were severely beaten at Beverly Park, were 
suddenly produced in court and the big bully was 
made to stand alongside of them. He outweighed 
the two of them. It was plainly evident who the 
pretty big baby was ! 

Howard Hathaway, law student and assistant to 
the state secretary of the Democratic Central Com- 
mittee, was forced to admit his connection with the 
raid upon the launch "Wanderer" and also upon 
the men peacefully camping at Maltby. His testi- 
mony was mainly for the purpose of making it ap- 
pear that James P. Thompson had advocated that 
the shingle weavers set fire to the mills and win 
their strikes by methods of terrorism. 

Two newspaper reporters, WilliamE. Jones of the 
Seattle Post-Intelligencer, and J. J. Underwood. of 
the Seattle Times, were placed upon the stand in 
order to lay the foundation for an introduction of 
an article appearing in the P-I on Sunday morning, 


November 5th. Jones testified that he was present 
at the Seattle police station when Philip K. Ahem, 
manager of the Pinkerton Detective Agency, re- 
quested the release of Smith and Reese, two of his 
operatives who had been on the Verona. Under- 
wood stated that upon hearing of the treatment 
given the I. W. W. men at Beverly Park he had ex- 
claimed, *'I would like to see anybody do that to me 
and get away with it." 

"You meant that, did you?" asked Vanderveer. 

"You bet I meant it!" asserted the witness posi- 

The two reporters proved to be better witnesses 
for the defense than for the prosecution. 

Sanford Asbury, T. N. Henry, Ronald Johnson, 
John S. Donlan, and J. E. Gleason, then testified re- 
garding the movements of the men who left Seattle 
on the Verona and Calista on the morning of No- 
vember 5th. They uniformly agreed that the crowd 
was in no way disorderly, nor were their actions at 
all suspicious. The defense admitted that the Ve- 
rona had been chartered but stated that there were 
passengers other than I. W. W. members on board. 

The first witness from the Verona was Ernest 
Shellgren, the boat^s engineer, who testified that he 
was in the engine pit when the boat landed and 
heard crackling sounds telegraphed down the smoke 
stack that he knew an instant later were bullets. 
He was struck by a spent bullet and ran to various 
places on the boat seeking shelter from the hail of 
lead that appeared to come from all directions, fin- 
ally returning to the boiler as the safest place on 
the boat. He stated that he saw one man firing a 
blue steel revolver from the boat, only the hand and 
revolver being in his line of vision. The only other 
gun he saw was one in the hands of the man who 
asked him to back the boat away from the dock 
during the firing. He also stated that the I. W. W. 
men on the way over to Everett comported them- 
selves as was usual with any body of passengers. 

Shellgren was asked if he could identify John 


Downs or Thomas H. Tracy as being connected with 
the firing in any way and he stated that he could 
not do so. The defense objected to the use of Down's 
picture, as it did on every occasion where a picture 
of one of the prisoners was used, on the grounds 
that the photographs were obtained by force and. in 
defiance of the constitutional rights of the imprison- 
ed free speech fighters. 

Seattle police detectives, Theodore Montgomery 
and James O'Brien, who made a search of the Ve- 
rona upon its return to Seattle, testified to having 
found a little loose red pepper, two stones the size 
of a goose egg tied up in a cloth, and a few empty 
cartridges. These two witnesses also developed the 
fact that in no case were regular bandages used on 
the wounded men, thus establishing the fact that no 
serious trouble was anticipated. 

James Meagher, occupation **home owner," 
member of the Commercial Club and citizen deputy, 
testified that a hundred shots were fired from the 
Verona before a gun was pulled on the dock, one of 
the first shots striking him in the leg. This witness 
was asked: 

"Did you see a single gun on the boat?" 

**Np sir," was his mumbled response. 

The prosecution witnesses disagreed as to the 
number of lines of deputies stretched across the 
back and sides of the open space on the dock, the 
statements varying from one to four files. 

Chad Ballard, Harry Gray, and J. D. Landis, of 
the Seattle police detective bureau, and J. G. Mc- 
Connell, Everett Interurban conductor, testified to 
the return and arrest of Mrs. Frenette, Mrs. Mahler 
and Mrs. Peters, after the trouble on November 5th. 
The police officers also told of a further searching 
of the Verona on its return. The defense admitted 
that some of the members had red pepper in their 
possession and stated that they would ask the judge 
to instruct the jury that red pepper is a weapon of 
defense and not of offense and that murder cannot 
be committed with red pepper. 


Elmer Buehrer, engineer at the Everett High 
School, and citizen deputy, gave testimony that 
was halting, confused and relatively unimportant. 
He was prompted by the prosecution to such an ex- 
tent that Attorney Vanderveer at the close of one 
question said, "Look at me and not at counsel." 

"Look where you please," cried Cooley angrily. 

"Well, look where you please," rejoined Vander- 
veer. "He can't help you." 

It was apparent that the only reason for putting 
on this witness and former witness Meagher was 
because of a desire to create sympathy thru the fact 
that they had been wounded on the dock. 

Edward Armstrong, master mariner on the Ve- 
rona, testified that he had thrown out the spring 
line and lifted out the gate when the firing started. 
He fell to the deck behind a little jog, against the 
bulkhead, and while in that position two bullets 
went thru his cap. Altho this witness stated that he 
judged from the sound that the first shot came from 
some place to the rear of hjm, his testimony as to 
the attitude of McRae was as follows: 

"I seen him with his right hand hanging on' the 
butt of the gun." 

"And that was before there was any shooting?" 

"Yes sir." 

As to the condition of the boat after the trouble 
he gave an affirmative answer to the question: 

"You know that the whole front of the pilot 
house and the whole front of this bulkhead front of 
the forward deck leading to the hurricane deck is 
full of B. B. shot, don't you?" 

James Broadbent, manager of the Clark-Nicker- 
son Mill, and a citizen deputy, followed Armstrong 
with some unimportant testimony. 

L. S.- Davis, steward on the Verona, also stated 
that McRae committed the first overt act in taking 
hold of his gun. He was asked : 

"He had his hand on his gun while he was still 
facing you?" 

"Yes sir. I could see it plainly," answered Davis. 



"That was before he started to turn, before he 
was hit?" 

"Yes sir." 

Davis was wounded in the arm as he was on the 
pilot house steps. 

He was asked about the jgeneral disposition, 
manner and appearance of the men on the Verona 
on the way over to Everett, and answered: 

"I thought they were pretty nicely behaved for 
men — for such a crowd as that." 

"Any rough talk; any rough, ugly looks?" 

"No sir." 

"Any guns?" 


"Any threats?" 

"I didn't hear any threats." 

"Jolly, good-natured bunch of boys?" 


"Lots of young boys among them, weren't 

"Yes, quite a few." 

Davis stated that three passengers got off at Ed- 
munds on the way up to Everett, thus establishing 
the fact that there were other than I. W. W. men on 

R. S. "Scott" Rainey, commercial manager of the 
Puget Sound Telephone Company and a citizen de- 
puty, was called and examined at some length be- 
fore it was discovered that he was not an endorsed 
witness. This was the second time that the prosecu- 
tion had turned this trick. Vanderveer objected, 
stating that there would be two hundred endorsed 
witnesses who would not be used. 

"Oh no!" returned Mr. Veitch. 

"Well," said Vanderveer, "a hundred then. A 
hundred we dare you to produce!" 

"We will take that dare," responded Veitch. 
But the prosecution failed to keep their word, and 
deputy Dave Oswald of the Pacific Hardware Com- 
pany, who during the various deportations tried to 
have the I. W. W. men stripped, covered with hot 


r >■ -•- rt -v; 

tar, rolled in feathers and ridden out of town on a 
rail, and a number of his equally degenerate brother 
outlaws were never produced in court. 

Rainey testified that he had seen a quantity of 
murderous looking black-jacks in the Commercial 
Club for distribution to the deputies. He also saw 
men fall overboard from the Verona and saw none 
of them rescued. He thought there were twenty- 
five men with guns on the boat, and he did his firing 
at the main deck. 

"And you didn't care whether you hit one of the 
twenty-five or one of the other two hundred and 
twenty-five?" scornfully inquired Vanderveer. 

"No sir," said the miserable witness. 

The next witness called was William Kenneth, 
city dock wharfinger in the employ of Captain Ram- 
well. This witness testified that there were numer- 
ous holes in the warehouses that were smooth on the 
inside and splintered on the outside, thus indicating 
that they were from shots blindly fired thru the 
walls from within. On being recalled on the Mon- 
day morning session of March 26th the witness said 
he wished to state that he was unable to testify 
from which direction the holes in the warehouses 
had been made. It appeared that he had discovered 
the bullet marks to have been whittled with a pen- 
knife since he had last viewed them. 

Arthur Blair Gorrell, of Spokane, student at the 
State University, was on the dock during the trouble 
and was wounded in the left shoulder blade. He 
stated that he knew that McRae had his gun drawn 
before he was shot. 

Captain K. L. Forbes, of the scab tugboat Edi- 
son, next took the witness chair. He didn't like 
the idea of calling his crew scabs for the engineer 
carried a union card. When questioned about the 
actions of the. scab cook on the Edison, this witness 
would not state positively that the man was not fir- 
ing directly across the open space on the dock at 
the Verona and in line with Curtis and other de- 


Thomas E. Headlee, ex-mayor of Everett, book- 
keeper at the Clark-Nickerson mill, and a citizen de- 
puty, said he went whenever and wherever he was 
called to go by the sheriff. 

"Then it's just like this,*' said Vanderveer, 
"when you pull the string, up jumps Headlee?" 

This witness tried to blame all the fires in Everett 
onto the I. W. W. and the absurdity of his testimony 
brought this question from the defense : 

"Just on general principles you blame it on the 
I. W. W.?" 

"Sure!" replied the witness, "I got their reputa- 
tion over in Wenatchee from my brother-in-law who 
runs a big orchard there." 

Lewis Connor, member of the Commercial Club, 
and his friend, Edwin Stuchell, university student, 
both of whom were deputies on the dock on Novem- 
ber 5th, then testified, but developed nothing of 
importance. StuchelFs father was part owner of 
the Eclipse mill and was said to have been on the 
board of directors of the Commercial Club. These 
witnesses were followed by Raymond E. Brown, 
owner of an Everett shoe store, a weak-kneed wit- 
ness who had been sworn in as a deputy by W. W. 
Blain, secretary of the Commercial Club. 

One of the greatest sensations in this sensational 
trial was when former sheriff Donald McRae took 
the stand on Tuesday, March 27th. 

McRae was sober! 

The sheriff was fifty years of age, of medium 
height, inclined to stoutness, smooth-shaven, with 
swinish eyes set closely on either side of a pink-tint- 
ed, hawk-like nose that curved just above a hard, 
cruel and excessively large mouth. The sneering 
speech and contemptible manner of this witness lent 
weight to the admissions of his brutality that had 
been dragged from reluctant state's witnesses thru 
the clever and cutting cross-examination conducted 
by Moore and Vanderveer. 

McRae told of his former union affiliations, hav- 
ing once been International Secretary of the Shingle 


Weavers' Union, and on another occasion the editor 
of their paper — but he admitted that he had never 
in his life read a book on political economy. 

He detailed the story of the arrests, deporta- 
tions and other similar actions against the striking 
shingle weavers and the I. W. W. members, the re- 
cital including an account of the "riot" at the jail, 
the deportation of Feinberg and Roberts, the shoot- 
ing at the launch "Wanderer'' and the jailing of its 
passengers, and the seizing of forty-one men and 
their deportation at Beverly Park. McRae's callous 
admissions of brutality discounted any favorable 
impression his testimony might otherwise have con- 
veyed to the jury. 

He admitted having ordered the taking of the 
funds of James Orr to pay the farfis of workers de- 
ported on August 23rd, but denied the truth of an 
account in the Everett Herald of that date in which 
it was said that I. W. W. men had made some re- 
marks to him "whereupon Sheriff McRae and police 
officer * * promptly retaliated by cracking the 
I. W. W.'s on the jaw with husky fists." 

Regarding the launch "Wanderer" the sheriff 
was asked: 

"Did you strike Captain Mitten over the head 
with the butt of your gun?" 

"Certainly did!" replied McRae with brutal con- 

"Did any blood flow?" 

"A little, not much." 

"Not enough to arouse any sympathy in you?" 

"No," said the sheriff unfeelingly. 

"Did you strike a little Finnish fellow over the 
head with a gun?" 

"I certainly did!" 

"And split his head open and the blood ran out, 
but not enought to move you to any sympathy?" 

"No, not a bit!" viciously answered McRae. 

"Did you hit any others?" inquired Vanderveer. 
. "No, not then." 

"Why not?" 


"They probably seen what happened to the cap- 
tain and the other fellow for getting gay." 

As to the holding of Mitten in jail for a number 
of days on a charge of resisting an officer, and his 
final release, McRae was asked: 

"Why didn't you try him on that charge?" 

"Because when we let the I. W. W.'s go they in- 
sisted on him going, too, and I said, *all right, take 
him along/ " 

"You did whatever the I. W. W.'s wanted in 

"Well, I was glad to get rid of them," remarked 
the sheriff. 

McRae said that none of the men taken to Be- 
verly Park were beaten on the dock before being 
placed in automobiles for deportation, but on cross- 
examination he admitted that one of the deputies 
got in a mix-up and was beaten by a brother deputy. 
The sheriff stated that he took one man out to Be- 
verly Park in a roadster, and had then returned to 
Everett to attend a dance given by the Elks* lodge. 

In relating the events on November 5th, McRae's 
story did not differ materially from that of the wit- 
nesses who had already testified. He stated that a 
bullet passed thru his foot, striking the heel of his 
shoe, and coming out of the side. The shoe was 
then offered in evidence. He testified that another 
shot struck the calf of his leg and passed completely 
thru the limb. Both these wounds were from the 
rear. His entire suit was offered in evidence. The 
coat had. nine bullet holes in it, yet McRae was not 
injured at all in the upper portion of his body! The 
sheriff stated that he fired twenty shots in all, and 
was then removed to the Sister's Hospital while the 
shooting was still in progress. 

McRae then identified Ed Roth, James Kelly 
and Thomas H. Tracy as three of the I. W. W. men 
who were most active in firing from the Verona. In 
his identification of Tracy, McRae stated that the 
defendant was in the second or third cabin window 
aft the door, and was hanging out of the window 


with his breast against the sill and his elbow on the 
ledge. Vandervejer then placed himself in the posi- 
tion described by the sheriff and requested McRae to 
assume the same attitude he was in at the time he 
saw Tracy. Upon doing this it was apparent that 
the edge of the window sill would have cut off all 
view of Tracy*s face from the sheriff, so McRae 
endeavored to alter his testimony to make it appear 
that Tracy's face was a foot or more inside the cabin 
window. This was the first identification of Tracy 
or other men on the boat that was attempted by the 

The sheriff stated that there were only twenty 
or twenty-five armed men on the Verona, and he ad- 
mitted, before he left the stand, that he had told 
Attorney Vanderveer it was a pity that the spring 
line on the Verona did not break when the boat tilt- 
ed so as to drown all the I. W. W.'s in the Bay. 

Charles Auspos, alias Charles Austin, followed 
McRae as the state's witness second in importance 
only to the ex-sheriff. The testimony of these two 
was relied upon for a conviction. 

Just why Auspos joined the I. W. W. will never 
be known, but his claim was that he could not work 
in the Dakota harvest fields or ride on the freight 
trains without an I. W. W. card. He was asked: 

"When you did line up, you were then willingly 
a member, were you?" 

"Yes sir." 

"And you did not go to Yakima and come 
back to Seattle to fight for free speech because you 
were compelled to do so?" asked Moore. * 

"No," replied Auspos, "there was no compul- 

Auspos stated that he was willing to take a 
chance in the fight for free speech and that the 
worst he expected was something similar to the hap- 
penings at Beverly Park. That he was not so willing 
in his testimony was shown by the uneasy actions of 
the prosecution lawyers, who moved from place to 
place around the court room during the examination 



of this witness, with the view of having him look 
one of them in the eyes at all times during his re- 
cital. At one time Black nearly climbed into the 
jury box, while Cooley fidgeted in his chair placed 
directly in the middle of the aisle, and Veitch stood 
back of the court clerk on the opposite side of the 
court room, trying to engage the attention of the 
hesitating witness. 

The testimony was to the effect that Auspos had 
reached Seattle on Saturday, November 4th, and 
had slept in the I. W. W. hall that night. Next 
morning at about eleven o'clock he returned from 
breakfast and was again admitted with examination 
for a membership card. A meeting was in progress 
in the gymnasium but was too crowded for him to 
be able to get in. There was no secrecy, however, 
just as there was no oath of fealty demanded of a 
worker upon joining the organization. The witness 
claimed that he and one of the defendants, J. E. 
Houlihan, were standing together in the hall when 
"Red** Doran called Houlihan aside into the gym- 
nasium. Two minutes later Houlihan returned and 
said, "I made it." "What did you get?" Auspos de- 
clared he then asked his partner, receiving the re- 
ply, "A thirty-eight." Auspos claimed he saw Earl 
Osborne cleaning a gun in the gymnasium that same 
morning, and there was a rifle or shotgun in a can- 
vas case in one corner. He said that men were 
breaking up chairs to obtain legs as clubs and that 
he, with others, was furnished with a little package 
of red pepper. 

Regarding his actions upon the Verona the wit- 
ness stated that he and James Hadley came up the 
steps from the freight deck to the passenger deck 
just as the boat was nosing against the dock and 
that he walked across the deck to a point within 
three feet of the rail. His description of the mo- 
tion of McRae's hands differed from that given by 
the deputy witnesses and was such as would indicate 
the drawing of a gun from a belt holster. He testi- 
fied that McRae swung around to the right just be- 


fore being shot, thus contradicting McRae, who had 
declared that the turn he had made was to the left. 
The witness in a rather indefinite manner stated that 
the first shot came from the boat. All the damaging 
claims in the testimony of Auspos were severely 
shaken by the cross-examination conducted by 
Moore, and Auspos finally admitted that the only 
point on which he wished to have his evidence differ 
from the statement he had made to Vanderveer prior 
to the trial was in the matter of the firing of the 
first shot. Auspos made no attempt to identify any- 
one on the boat as having a firearm. 

During the examination some reference was 
made to **Red" Downs, at which Judge Ronald re- 
marked : 

"I am a little confused. Did he say *Red* 
Downs or 'Red' Doran?" 

"There are two of them," responded Moore. 

"Lots of red in this organization," cut in prose- 
cutor Cooley, amid laughter from the spectators. 

Attorney Moore brought from Auspos the admis- 
sion that the plea of "Not Guilty" was a true one 
and he still believed that he and the other prisoners 
were not guilty of any crime. Yet such are the 
peculiarities of the legal game that an innocent man 
can turn state's evidence upon his innocent associ- 

After uncovering the previous record of Auspos, 
he was asked about his "confession" as follows: 

"Mr. McLaren and you had reached an under- 
standing in your talk before Mr. Cooley came?" 

"Yes sir." 

"The question of what you are to get in con- 
nection with your testimony here has not as yet been 
definitely decided?" 

"I am going to get out of the country." 

"You are not going to get a trip to Honolulu?" 
asked Moore with a smile as he concluded the cross- 
examination of Auspos. 

"No sir," stammered the tool of the prosecution 


It was at this point that the prosecution introduc- 
ed several additional leaflets and pamphlets issued 
by the I. W. W. Publishing Bureau, the principal 
reason being to allow them to appeal to the patriot- 
ism of the jury by referring to Herve's pamphlet, 
"Patriotism and the Worker," and Smith's leaflet, 
*'War and the Workers." 

The next witness after Auspos was Leo Wagner, 
another poor purchase on the part of the prosecu- 
tion. He merely testified that a man on the Calista 
had said that the men were armed and were not 
going to stand for being beaten up. Objection was 
made to the manner in which Gooley led the witness, 
with his questions, and when Cooley stated that it 
was necessary to refresh the memory of the witness, 
Vanderveer replied that the witness had been en- 
dorsed but a few days before and his recollection 
should not be so very stale. 

When this witness was asked what he was paid 
for his testimony he squirmed and hesitated until 
the court demanded an answer, whereupon he said: 

"I got enough to live on for a while." 

William H. Bridge, deputy sherifl" and Snoho- 
mish county jailer, was the next witness. He stated 
on his direct examination that the first shot came 
from the second or third window back from the 
door on the upper cabin. Black asked Bridge: 

"How do you know there was a shot from that 

"Because I saw a man reach out thru the win- 
dow and shoot with a revolver." 

"In what position was he when shooting?" 

"Well, I could see his hand and a part of his 
arm and a part of his body and face." 

"Who was the man, if you know?" 

"Well, to the best of my judgement, it was the 
defendant, Thomas H. Tracy." 

Under Vanderveer's cross-examination this wit- 
ness was made to place the model of the Verona 
with its stern at the same angle as it had been at the 
time of the shooting. The witness was then asked 


to assume the same posH^'on he had been in at the 
time he said he had seen Tracy. The impossibility 
of having seen the face of a man firing from any of 
the cabin windows was thus demonstrated to the 

Then to clinch the idea that the identification 
was simply so much perjury, Vanderveer introduced 
into evidence the stenographic report of the coro- 
ner's inquest held over Jefferson Beard in which the 
witness, Bridge, had sworn that the first shot came 
from an open space just beneath the pilot house 
and had further testified that he could not recognize 
the person who was doing the firing. 

Walter H. Smith, a scab shingle weaver, and 
deputy on the dock, followed with a claim to have 
recognized Tracy as one of the men who was shoot- 
ing from the Verona. He also stated that he could 
identify another man who was shooting from the 
forward deck. He was handed a number of photo- 
graphs and failed to find the man he was looking 
for. Instead he indicated one of the photographs 
and said that it was Tracy. Vanderveer immediate- 
ly seized the picture and offered it in evidence. 

"I made a mistake there," remarked Smith. 

"I know you did," responded Vanderveer, "and 
I want the jury to know it." 

The witness had picked out a photograph of 
John Downs and identified it as the defendant. 

The prosecution then called S. A. Mann, who had 
been police judge in Spokane, Wash., from 1908 into 
1911, and questioned him in regard to the Spokane 
Free Speech fight and the death of Chief of Police 
John Sullivan. Here attorney Fred Moore was on 
familiar ground, having acted for the I. W. W. dur- 
ing the time of that trouble. Moore developed the 
fact that there had been several thousand arrests 
with not a single instance of resistance or violence 
on the part of the I. W. W., not a weapon found 


on any of their persons, f\nd no incendiary fires 
during the entire fight. He lurther confounded the 
prosecution by having Judge Mann admit that in the 
Spokane fight a prisoner arrested on a city charge 
was always lodged in the city jail and one arrested 
on a county charge was always placed in the county 
jail — a condition not at all observed in Everett. 

Moore also brought out the facts of the death of 
Chief Sullivan so far as they are known. The wit- 
ness admitted that Sullivan was charged with abuse 
of an adopted daughter of Mr. Elliott, a G. A. R. 
veteran; that desk officer N. V. Pitts charged Sul- 
livan jv^ith having forced him to turn over certain 
Chinese bond money and the Chief resigned his po- 
sition while under these charges; that the Spokane 
Press bitterly attacked Sullivan and was sued as a 
consequence, the Scripps-McRae paper being repre- 
sented by the law firm of Robertson, Miller and 
Rosenhaupt, of which Judge Frank C. Robertson 
was the head; that the Chronicle and Spokesman- 
Review joined in the attack upon the Chief; and that 
when Sullivan was dying from a shot in the back 
the following conversation occurred between him- 
self and the dying man: "I said to him *John, who 
do you suppose did this?* He says, * Judge F. C. 
Robertson and the Press are responsible for this.' 
I said, *John, you don't mean that, you can't mean 
it?' He says, That is the way I feel.' " 

Judge Ronald prevented the attorneys from 
going very deeply into the Spokane affair, saying: 

"I am not going to wash Spokane linen here ; we 
have some of our own to wash!" 

C. R. Schweitzer, owner of a scab plumbing 
shop, aged 47, yet grey-haired, brazenly admitted 
having emptied a shotgun into the unarmed boys on 
the Verona. It was the missiles from the brand-new 
shotgun — probably furnished by Dave Oswald^ — 
that riddled the pilot house and wounded many of 
the men who fell to the deck when the Verona tilt- 



ed. Schweitzer fired from a safe position behind the 
Klatawa slip. Why the prosecution used him as a 
witness is a mystery. 

W. A. Taro, Everett Fire Chief, testified regard- 
ing the few incendiary fires that had occurred in 
Everett during the year 1916, but failed' to connect 
them with the I. W. W. in any way. D. Daniels, 
Everett police officer, testified to a phosphorous fire 
which did no damage and was in no way connected 
with the I. W. W. 

Mrs. Jennie B. Ames, the only woman witness 
called by the prosecution, testified that Mrs. Frenn- 
ette was on the inclined walk at the Great Northern 
Depot, at a point overlooking the dock, and was 
armed with a revolver at the time the Verona 
trouble was on. Police officer J. E. Moline also 
swore to the same thing, but was badly tangled 
when confronted with his own evidence given at 
the preliminary hearing of Mrs. Frennette on De- 
cember 6th, 1916. 

Never was there a cad but who wished himself 
proclaimed as a gentleman ; never a bedraggled and 
maudlin harlot but who wanted the world to know 
that she was a perfect lady. The last witness to be 
called by the prosecution was John Hogan — **Hon- 
est" John Hogan if prosecutor Lloyd Black was to be 

"Honest" John Hogan was a young red-headed 
regular deputy sheriff, who was a participant in the 
outrage on the City Dock on November 5th. *'Hon- 
est'* John Hogan claimed to have seen the defend- 
ant, Thomas Tracy, firing a revolver from one of 
the forward cabin windows. "Honest" John Hogan 
had the same difficulty as the other "identifying" 
witnesses when he also was asked to state whether 
it was possible to see a man firing from a cabin win- 
dow when the stern of the boat was out and the wit- 
ness in his specified position on the dock. "Honest" 


John Hogan was sure it was Tracy that he saw be- 
cause the man had a week's growth of whiskers on 
his face. 

And this ended the case for the prosecution. 

As had been predicted there were hundreds of 
witnesses who were endorsed and not called, and 
almost without an exception those who testified were 
parties who had a very direct interest in seeing that 
a conviction was secured. But thru the clever work 
of the lawyers for the defense what was meant to 
have been a prosecution of the I. W. W. was turned 
into an extremely poor defense of the deputies and 
their program of "law and order." From the state's 
witnesses the defense had developed nearly the 
whole outline and many of the details of its side of 
the case. 

When the state rested its case, Tracy leaned 
over to the defense lawyers and, with a smile on his 
face, said: 

'Td be willing to let the case go to the jury 
right now." 




The case for the defense opened on Monday 
morning of April 2nd when Vanderveer, directly 
facing the judge and witness chair from the position 
vacated by the prosecution counsel, moved for a 
directed verdict of not guilty on the ground that 
there had been an absolute failure of evidence upon 
the question of conspiracy, any conspiracy of which 
murder was either directly or indirectly an incident, 
and there was no evidence whatever to charge the 
defendant directly as a principal in causing the 
death of Jefferson Beard. The motion was denied 
and an exception taken to the ruling of the court. 

Fred Moore made the opening statement for the 
defense. In his speech he briefly outlined the situa- 
tion that had existed in Everett up to and including 
November 5th and explained to the jury the forces 
lined up against each other in Everett's industrial 
warfare. Not for an instant did the attention of the 
jury flag during the recital. 

Herbert Mahler, secretary of the I. W. W. in 
Seattle during the series of outrages in Everett, was 
the first witness placed upon the stand. Mahler told 
of the lumber workers* convention and the sending 
of organizer James Rowan to make a survey of the 
industrial situation in the lumber centers, Everett 
being the first point because of its proximity to 
Seattle and not by reason of any strikes that may 
have existed there. The methods of conducting the 
free speech fight, the avoidance of secrecy, the ard- 
ent desire for publicity of the methods of the lum- 
ber trust as well as the tactics of the I. W. W., were 
clearly explained. 

Cooley cross-examined Mahler regarding the 


song book with reference to the advocacy and use of 
sabotage, asking the witness: 

"How about throwing a pitchfork into a thresh- 
ing machine? Would that be all right?" 

"There are circumstances when it would be, I 
suppose," replied Mahler. "If there was a farmer 
deputy who had been at Beverly Park, I think they 
certainly would have a right to destroy his thresh- 
ing machine." 

"You think that would justify it?" inquired 

"Yes," said the witness, "I think that if the man 
had abused his power as an officer and the person 
he abused had no other way of getting even with 
him and that justice was denied him in the courts, 
I fully believe that he would be. That would not 
hurt anybody; it would only hurt his pocketbook." 

"Now what is this Joe Hill Memorial Edition?" 

"Joe Hillstrom, known as Joe Hill, had written 
a number of songs in the I. W. W. Song Book and he 
was murdered in Utah and the song book was gotten 
out in memory of him," responded Mahler. 

"He was executed after having been convicted 
of murder in the first degree, and sentenced to death. 
And you say he was murdered?" said Cooley. 

"Yes," said Mahler with emphasis. "Our con- 
tention has been that Hillstrom did not have a fair 
trial and we are quite capable of proving it. I may 
say that President Wilson interceded in his behalf 
and was promptly turned down by Governor Spry 
of Utah. Hillstrom was offered a commutation of 
sentence and he refused to take it. He wanted a 
retrial or an acquittal. When the President of the 
United States had interceded with the Governor of 
Utah, when various labor organizations asked that 
he be given a retrial, and a man's life is to be taken 
from him, and people all over the country ask for 
a retrial, that certainly should be granted to him." 

James P. Thompson was placed upon the stand 
to explain the principles of the I. W. W. The court- 
room was turned into a propaganda meeting during 


the examination of the witness. One of the first 
features was the reading and explanation of state's 
exhibit "K," the famous I. W. W. preamble which 
has been referred to on various occasions as the 
most brutally scientific exposition of the class strug- 
gle ever penned: 


The working class and the employing class have 
nothing in common. There can be no peace so long 
as hunger and want are found among millions of 
the working people and the few, who make up the 
employing class, have all the good things of life. 

Between these two classes a struggle must go on 
until the workers of the world organize as a class, 
take possession of the earth and the machinery of 
production, and abolish the wage system. 

We find that the centering of the management of 
industries into fewer and fewer hands makes the 
trade unions unable to cope with the ever growing 
power of the employing class. The trade unions 
foster a state of affairs which allow one set of work- 
ers to be pitted against another set of workers in 
the same industry, thereby helping defeat one an- 
other in wage wars. Moreover, the trade unions aid 
the employing class to mislead the workers into the 
belief that the working class have interests in com- 
mon with their employers. 

These conditions can be changed and the inter- 
ests of the working class upheld only by an organiza- 
tion formed in such a way that all its members in 
any one industry, or in all industries, if necessary, 
cease work whenever a strike or lockout is on in 
any department thereof, thus making an injury to 
one an injury to all. 

Instead of the conservative motto, "A fair day's 
wage for a fair day's work," we must inscribe on 
our banner the revolutionary watchword, "Aboli- 
tion of the wage system." 

It is the historic mission of the working class to 
do away with capitalism. The army- of production 


must be organized, not only for the every day strug- 
gle with capitalists, but also to carry on production 
when capitalism shall have been overthrown. By 
organizing industrially we are forming the structure 
of the new society within the shell of the old. 

"Men in society represent economic categories," 
sa* ^ Thompson. "By that I mean that in the world 
of shoes there are shoemakers, and in the world of 
boats there are seamen, and in this society there are 
economic categories called the employing class and 
the working class. Now, between them as employ- 
ing class and working class there is nothing in com- 
mon. Their interests are diametrically opposed as 
such. It is not the same thing as saying that human 
beings have nothing in common. The working class 
and the employing class have antagonistic interests, 
and the more one gets the less remains for the other. 

"Labor produces all wealth," continued Thomp- 
son, "and the more the workers have to give up to 
anyone else the less remains for themselves. The 
more they get in wages the less remains for the oth- 
ers in the form of profits. As long as labor produces 
for the other class all the good things of life there 
will be no peace ; we want the products of labor 
ourselves and let the other class go to work also. 

"The trades unions are unable to cope with the 
power of the employers because when one craft 
strikes the others remain at work and by so doing 
help the company to fill orders, and that is helping 
to break the strike. If a group of workers strike and 
win, other workers are encouraged to do likewise : if 
they strike and lose, other workers are discouraged 
and employers are encouraged to do some whipping 
on their own account. 

"We believe in an industrial democracy ; that the 
industry shall be owned by the people and operated 
on a co-operative plan instead of the wage- plan; 
that there is no such thing as a fair day's pay ; that 
we should have the full product of our labor in the 
co-operative system as distinguished from the wag^ 


"Furthermore," went on the witness, as the jury 
leaned forward to catch his every word, *'our ideas 
were suggested to us by conditions in modern indus- 
try, and it is the historical mission of the workers to 
organize, not only for the preliminary struggles, but 
to carry on production afterward." 

"We object to this!" shouted Mr. Cooley, and the 
court sustained the objection. 

Despite continual protests from the prosecution 
Thompson gave the ideas of the I. W. W. on many 
questions. Speaking of free speech the witness said : 

"Free speech is vital. It is a point that has been 
threshed out and settled before we were born. If 
we do not have free speech, the children of the race 
will die in the dark." 

The message of industrial unionism delivered 
thru the sworn testimony of a labor organizer was 
indeed an amazing spectacle. Judge Ronald never 
relaxed his attention during the entire examination, 
the jury was spell-bound, and it was only by an 
obvious effort that the spectators kept irom ap- 
plauding the various telling points. 

"There is overwork on one hand," said Thomp- 
son, "and out-of-work on the other. The length of 
the working day should be determined by the 
amount of work and the number of workers. You 
have no more right to do eight or ten or twelve 
hours of labor when others are out of work, despon-. 
dent, committing suicide, than you have to drink all 
the water, if that were possible, while others are 
dying of thirst. 

"Solidarity is the I. W. W. way to get their 
demands. We do not advocate that the workers 
should organize in a military way and use guns and 
dynamite. The most effective weapon of labor is 
economic power: the modern wage workers are the 
living parts of industry and if they fold their arms, 
they immediately precipitate a crisis, they paralyze 
the world. No other class has that power. The 
oith«r class can fold their arms, and they do most of 
tJi^ ^ijne, ]but our ejass has the economic power. The 


I. W. W. preaches and teaches all the time that a 
far more effective weapon than . brickbats ^r dyna- 
mite is solidarity. 

"We have developed from individual production 
to social production, yet we still have private owner- 
ship of the means of production. One class owns the 
industries and doesn't operate them, another class 
operates the industries and does not own them. We 
are going to have a revolution. No one is more mis- 
taken than those who believe that this system is the 
final state of society. As the industrial revolution 
takes place, as the labor process takes on the co- 
operative form, as the tool of production becomes 
social, the idea of social ownership is suggested, and 
so the idea that things that are used collectively 
should be owned collectively, presents itself with 
irresistible force to the people of the twentieth cen- 
tury. So there is a struggle for industrial democracy. 
We are the modern abolitionists fighting against 
wage slavery as the other abolitionists fought 
against cnattel slavery. The solution for our modern 
problems is this, that the industries should be owned 
by the people, operated by the people for the peo- 
ple, and the little busy bees who make the honey 
of the world should eat that honey, and there should 
be no drones at all in the hives of industry. 

"When we have industrial democracy you will 
know that the mills, the mines, the factories, the 
earth itself, will be the collective property of the 
people, and if a little baby should be born that baby 
would be as much an owner of the earth as any 
other of the children of men. Then the war, the com- 
mercial struggles, the clashes between groups of 
conflicting interests, will be a night-mare of the 
past. In the place of capitalism with its one class 
working and its other class enjoying, in the place of 
the wages system with its strife and strikes, lockouts 
and grinding poverty, we will have a co-operative 
system where the interests of one will be to promote 
the interests of all — ^that will be Industrial Democ^ 



Thompson explained the meaning" of the sar- 
castic song, "Christians at War/^ to the evident 
amusement of the jury and spectators. TJbe witness 
was then asked about Herve's work on an];i-patriot- 
ism in this question by attorney Moore: 

"What is the attitude of your organization re- 
lative to internationalism and national patriotism?" 

"We object to that as incompetent and imma- 
terial," cried Veitch of the prosecution. 

"What did you put this book in for then?" said 
Judge Ronald in a testy manner as he motioned the 
witness to proceed with his answer. 

"In the broader sense," answered Thompson,, 
"there is no such thing as a foreigner. We are all 
native born members of this planet, and for the 
members of it to be divided into groups or units and 
to be taught that each nation is better than the 
other leads to clashes and the world war. We ought 
to have in the place of national patriotism — ^the idea 
that one people is better than another, — a broader 
conception, that of international solidarity. The idea 
that we are better than others is contrary to the 
Declaration of Independence which declares that all 
men are born free and equal. The I. W. W. be- 
lieves that in order to do away with wars we should 
remove the cause of wars; we should establish in- 
dustrial democracy and the co-operative system in- 
stead of commercialism and capitalism and the 
struggles that come from them. We are trying to 
make America a better land, a land without child 
slaves, a land without poverty, and so also with the 
world, a world without a master and without a 

When the lengthy direct examination of Thomp- 
son had been finished, the prosecution questioned 
him but five minutes and united in a sigh of relief 
as he left the stand. 

The next witness called was Ernest Nordstrom, 
companion of Oscar Carlson who was severely 
wounded on the Verona. Nordstrom testified rather 
out of his logical order in the trial by reason of the 


fact that he was about to leave on a lengthy fishing 
trip to Alaska. His testimony was that he purchased 
a regular ticket at the same time as his friend Carl- 
son, but these tickets were not taken up by the 
purser. The original ticket of this passenger was 
then offered in evidence. The witness stated that the 
first shot came from almost the same place on the 
dock as did the words "You can't land here." He 
fell to the deck and saw Carlson fall also. Carlson 
tried to rise once, but a bullet hit him and he drop- 
ped ; there were nine bullet holes in him. Nordstrom 
was asked : 

"Did you have a gun?" 

"No sir." 

"Did Carlson have a gun?" 

"No sir." 

"Did you see anybody with a gun on the boat?" 

"No. I didn't." 

Organizer James Rowan then gave his experi- 
ences in Everett, ending with a vivid recital of the 
terrible beating he had received at the hands of de- 
puties near Silver Lake. Upon telling of the photo- 
graph that was taken of his lacerated back he was 
asked by Veitch: 

"What was the reason you had that picture 

"Well," said Rowan, in his inimitable manner, "I 
thought it would be a good thing to get; that taken 
to show up the kind of civilization that they had in 

Dr. E. J. Brown, a Seattle dentist, and Thomas 
Horner, Seattle attorney, corroborated Rowan's tes- 
timony as to the condition of his back. They had 
seen the wounds and bruises shortly after the beat- 
ing had been administered and were of the opinion 
that a false light was reflected on the photograph in 
such a way that the severest marks did not appear as 
bad as they really were. 

Otto Nelson, Everett shingle weaver, gave testi- 
mony regarding the shingle weavers' strikes of 1915 
and 1916 but was stopped from going into detail by 
the rulings of the court. He told also of the peace- 


f ul character of all the I. W. W. meetings in Everett, 
and stated that on one occasion police officer Daniels 
had fired two shots down one of the city streets at 
an I. W. W. man who had been made to run the 

H. P. Whartenby, owner of a five-ten-fifteen cent 
store in Everett, said that the I. W. W. meetings were 
orderly, and further testified that he had been or- 
dered out of the Commercial Club on the evening of 
November 5th but not until he had seen that the 
club was a regular arsenal, with guns stacked all 
over the place. 

To establish the fact that the sidewalks were 
kept clear, that there was no advocacy of violence, 
that no resistance was offered to arrest, and that 
the I. W. W. meetings were well conducted in every 
particular, the defense put on in fairly rapid succes- 
sion a number of Everett citizens: Mrs. Ina M. Salter, 
Mrs. Elizabeth Maloney, Mrs. Letelsia Fye, Bruce J. 
Hatch, Mrs. Dollie Gustaffson, Miss Avis Mathison, 
Mrs. Peter Aiken, Mrs. Annie Pomeroy, Mrs. Re- 
becca Wade, F. G. Crosby, and Mrs. Hannah Crosby. 
The fact that these citizens, and a number of other 
women who were mentioned in the testimony, attend- 
ed the I. W. W. meetings quite regularly, impressed 
the jury favorably. Some of these women witnesses 
had been roughly handled by the deputies. Mrs. 
Pomeroy stated that the deputies, armed with clubs 
and distinguished by white handkerchiefs around 
their necks, invaded one meeting and struck right 
and left. "And they punched me at that!'* said the 
indignant witness. 

"Punched you where?" inquired Vanderveer in 
order to locate the injury. 

"They punched me on the sidewalk!" answered 
the witness, and the solemn bailiff had to rap for 
order in the court room. 

Cooley caught a Tartar in his cross-examination 
of Mrs. Crosby. He inquired: 

"Did you hear the I. W. W.'s say that when they 
got a majority of the workers into this big union 


they would take possession of the industries and 
run them themselves?" 

"Why certainly!" 

"You did hear them say they would take posses- 

"Why certainly!" flashed back the witness. 
"That's the way the North did with the slaves, isn't 
it? They took possession without ever asking them. 
My people came from the South and they had slaves 
taken away from them and never got anything for 
it, and quite right, too !" 

"Then you do believe it would be all right, your- 
self?" said Cooley. 

"I believe that confiscation would be perfectly 
right in the case of taking things that are publicly 
used for the public good of the people ." 

"That's all," hastily cut in Cooley. 

"That they should be used then by the people 
and for the people!" finished the witness. 

"That's all!" cried Cooley loudly and more 

Frank Henig, the next witness, told of having 
been blackjacked by Sheriif McRae and exhibited 
the large scar on his forehead that plainly showed 
where the brutal blow had landed. He stated that 
he had tried to secure the arrest of McRae for the 
entirely unwarranted attack but was denied a war- 

Jake Michel, secretary of the Everett Building 
Trades Council, gave evidence regarding a number 
of the I. W. W. street meetings. He was questioned 
at length about what he had inferred from the 
speeches of Rowan, Thompson and others. Reply- 
ing to one question he said : 

"I think the American Federation of Labor uses 
the most direct action that any organization could 

"In a strike?" 


"And by that you mean a peaceful strike?" said 
Cooley suggestively. 


"Well, I haven't seen them carry on very many 
peaceful ones yet," replied Michel. 

Cooley asked Michel whether Rowan had said 
that "the workers should form one great industrial 
union and declare the final and universal strike; 
that is, that they should remain within the industrial 
institutions and lock the employers out for good as 

"I never heard him mention anything about lock- 
ing anyone out; I think he wanted to lock them in 
and make them do some of the work!" answered 

"You haven't any particular interest in this case, 
have you?" asked Cooley with a sneer. 

"Yes, I have!" replied Michel with emphasis. 

When asked what this particular Interest was, 
Michel caused consternation among the ranks of the 
prosecution by replying: 

"The reason I have that interest is this; I have 
two sons and two daughters. I want to see the best 
form of organization so that the boys can go out and 
make a decent living; I don't want my girls to be- 
come prostitutes upon the streets and my boys vaga- 
bonds upon the highways!" 

Harry Feinberg, one of the free speech prisoners 
named on the first information with Watson and 
Tracy, was then placed on the stand and questioned 
as to the beating he had received at the hands of 
deputies, as to the condition of Frank Henig after 
McRae's attack, and upon matters connected with 
various street meetings at which he had been the 
speaker. Mention of the name of George Reese 
brought forth an argument from the prosecution 
that it had not been shown that Reese was a de- 
tective. After an acrimonious discussion Vanderveer 
suddenly declared: 

"Just to settle this thing and settle it for now and 
all the time, I will ask a subpoena forthwith for 
Philip K. Ahern and show who Reese is working 

The subpoena was issued and a recess taken to 


allow it to be served. As Vanderveer stepped into 
the hall, detective Malcolm McLaren said to him, 
"You can't subpoenae the head of the Pinkerton 
Detective Agency!" 

**I have subpoenaed him," responded Vanderveer 
shortly as he hurried to the witness room. 

While awaiting the arrival of this witness, Fein- 
berg was questioned further, and Wias then taken 
from the stand to allow the examination of two 
Everett witnesses, Mrs. L. H. Johnson and P. S. John- 
son, the latter witness being withdrawn when Ahern 
put in an appearance. 

Vanderveer was very brief, but to the point, in 
the examination of the local head of the Pinkerton' 

"Mr. Ahern, on the fifth day of November you 
had in your employ a man named George Reese?" 

"Yes sir." 

"For whom was he working, thru you, at that 

"For Snohomish County." 

"That's all!" said Vanderveer triumphantly. 

Cooley did not seem inclined to cross-examine 
the witness at any length and Vanderveer in another 
straightforward question brought out the fact that 
Reese was a Pinkerton employe during the Long- 
shoremen's strike — this being the time that Reese 
also was seated as a delegate to the Seattle Trades 
Council of the A. F. of L. 

A portion of the testimony of Mrs. L. H. Johnson 
was nearly as important as that concerning Reese. 
She recited a conversation with Sheriff McRae a^ 
follows : 

"McRae said he would stop the I. W. W. from 
coming to Everett if he had to call out the soldiers. 
And I told him the soldiers wouldn't come out on 
an occasion like this, they were nothing but Indus- 
trial Workers of the World and they had a right to 
speak and get people to join their union if they 
wanted to. And he said he had the backing of the 
millmen to keep them out of the city, and he was go- 

Cutting off top of tree to fit block for flying machine. 


ing to do it if he had to call the soldiers out and 
shoot them down when they landed there, when 
they came off the dock." 

This clearly indicated the bloodthirsty designs of 
the millmen and the sheriff at a time long before 
November 5th. 

G. W. Carr, Wilfred Des Pres, and J. M. Norland 
testified to the breaking up of peaceably conducted 
I. W. W. meetings, Des Pres also telling of rifles 
having been transported from the Pacific Hardware 
Company to the dock on November 5th. All three 
were Everett citizens. Black asked Norland if he 
knew what sabotage was, to which Norland replied : 

"Everybody that follows the labor movement 
knows what sabotage is." 

There was a sensation in court at this question for 
it was the first and only time that any of the prosecu- 
tion counsel correctly pronounced the word sabot- 

W. W. Blain, secretary of the Commercial Club, 
altho an unwilling witness, gave much information 
of value to the defense. He was forced to produce 
the minutes of the "open shop committee" and give 
up the story of how control of the club was purchas- 
ed by the big interests, how the boycott was invoked 
against certain publications, and finally to tell of the 
employment of Pinkerton detectives prior to No- 
vember 5th, and to give a list of the deputies furnish- 
ed by the Commercial Club. 

During the examination of this witness some tele- 
grams, in connection with the testimony, were 
handed up to the judge. While reading these Judge 
Ronald was interrupted by a foolish remark from 
Black to Vanderveer. Looking over his glasses the 
judge said: 

"Every time I start to read anything, you gentle- 
men get into a quarrel among yourselves. I am in- 
clined to think that the *cats,' some of them, are 
here in the courtroom." 

"I will plead guilty for Mr. Black, Your Honor!" 
said Vanderveer quickly, laughing at the reference 
to sabotage. 


Testimony to further establish 'the peaceable 
character of the I. W. W. meetings and the rowdyism 
of the police and deputies was given by witnesses 
from Everett: Gustaf Pilz, Mrs. Leota Carr, J. E. 
McNair, Ed Morton, Michael Maloney, Verne C. 
Henry and Morial Thornburg. The statements of 
these disinterested parties regarding the clubbings 
given to the speakers and to citizens of their ac- 
quaintance proved very effective. 

Attorney H .D. Cooley for the prosecution was 
placed upon the witness stand and Vanderveer shot 
the question at him: 

*'By whom were you employed in this case, Mr. 

"Objected to as immaterial!" cried Veitch, in- 
stantly springing to his feet. 

But the damage had been done ! The refusal to 
allow an answer showed that there were interested 
parties the prosecution wished to hide from the 

Levi Remick related the story of the deportation 
from Everett, and was followed on the witness stand 
by Edward Lavelly, James Dwyer, and Thomas 
Smye, who testified to different atrocities committed 
in Everett by McRae and the citizen deputies. Their 
evidence had mainly to do with the acts of piracy 
committed against the launch "Wanderer" and the 
subsequent abuse of the arrested men. A little later 
in the trial this testimony was fully corroborated by 
the statements of Captain Jack Mitten. During 
Mitten's examination by Black the old Captain con- 
tinually referred to the fact that the life preservers 
and other equipment of his boat had been stolen 
while he was in jail. The discomfiture of the youth- 
ful prosecutor was quite evident. 

J. H. Buel impeached the testimony of state's 
witness Judge Bell who had made the claim that a 
filer at the Clark-Nickerson mill had been assaulted 
by a member of the I. W. W. Vanderveer asked this 
witness : 

"What was the name of the man assaulted?" 


"Jimmy Cain." 

"Who did it?" 

"I did." 

"Are you an I. W. W.?" 

"No sir." 

"Were you ever?" 

"No sir." 

Louis Skaroff followed with a detailed story of 
the murderous attack made upon him by Mayor 
Merrill in the Everett jail, his story being unshaken 
when he was recalled and put thru a grilling cross- 

William Roberts, who had been beaten and de- 
ported with Harry Feinberg, related his experience. 
The childish questions of Black in regard to the idea 
of abolishing the wages system nettled this witness 
and caused him to exclaim, "the trouble is that you 
don't understand the labor movement." 

James Orr then told of having his money stolen 
by the officials so they might pay the fares of 
twenty-two deported men, and John Ovist followed 
with the tale of the slugging he had received upon 
the same occasion that Feinberg, Roberts and Henig 
were assaulted. 

Attorneys George W. Loutitt and Robert Faus- 
sett, of Everett, stated that the reputation of McRae 
for sobriety was very bad. Both of these lawyers 
had resigned from the Commercial Club upon its 
adoption of an open shop policy. 

Thomas O'Niel testified regarding street meet- 
ings and other matters in connection wtih the case. 
Cooley asked the witness how many people usually 
attended the meetings. 

"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 grow- 
ing 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 promul- 
gated and adopted by the working class?" inquired 

"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 

"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 peo- 
ple who were fighting the propaganda use direct 
action, sabotage, and every power, political and in- 
dustrial, 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 inter- 
ested, 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 per- 
mitted 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 cor- 
roborated the stories of the witnesses who had testi- 
fied about the shooting up of the "Wanderer" and 
the beating and jailing of its pasengers. H. Sokpl, 


better known as "Happy," also told of his experi- 
ence 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 No- 
vember 5th; after which Chester Micklin, who had 
been jailed in Everett following the tragedy, cor- 
roborated 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 plac- 
ing 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 apart- 
ment 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 passengers on the launch "Wanderer." John 
Hainey and Joseph Reaume also gave details of this 

"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 ex- 
periences 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 God, 
you are killing me,' and McRae said he didn't give 
a damn 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 testi- 
mony 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 


A party of Christian Scientists, who had attend- 
ed 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 experi- 
ence at Beverly Park. Mrs. Lou Vee Siegfried, 
Christian Science practitioner, Thorwald Siegfried, 
prominent Seattle lawyer, Mrs. Anna Tenelli and 
Miss Dorothy Jordan were corroborated in their tes- 
timony 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 Coniaeff, 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. Coniaeff 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 Coniaeff 

"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-examina- 
tion 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 Ro- 
vinson 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 cloth- 
ing, soles of shoes, bloodstained hats and loose hat- 
bands, and blotches of blood on the paved roadway 
and cattle guard. These witnesses were three min- 
isters of the gospel of different denominations, El- 
bert E. Flint, Joseph P. Marlatt, and Oscar H. Mc- 
Gill. 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 repetition. It was after 
this interview that the call went out for the I. W. W. 
to hold a public meeting in Everett on Sunday, No- 
vember 5th. Mahler was recalled to the stand to 
verify McGilFs statement in the matter of the inter- 

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 pub- 
lic and force to the attention of the jury the actual 
facts concerning the massacre 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 fish- 
ing 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 Bloody Sun- 
day 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- 

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 ma- 
chines. 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 Amer- 
ican 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 John- 
son'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 over- 
board 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 hitting 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 at- 
tacked 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 space 
on the dock in the direction of the Verona was un- 
shakeable. 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 Dick 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 hell 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 sui)port 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 condi- 
tions on the boat. His testimony, and that of numer- 
ous 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 un- 
til 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. 

On Wednesday, April 18th, the jury, accom- 
panied by Judge Ronald, the attorneys for both 
sides, the defendant, Thomas Tracy, and the court 
stenographer, went in automobiles to Everett to in- 
spect the various places mentioned in the court pro- 



> C 

O '^ 

> S 



ceedings. 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 bullet- 
holes, 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 to- 
ward the Bay also gave evidence of blind firing on 
the part of the deputies. In the floor of the dock, be- 
tween the ship and the open space near the waiting 
room, were several grooves made by bullets fired 
from the shore end of the dock. These marks indi- 
cated that the bullets had taken a course directly in 
line with the deputies who w^ere 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 

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 assumed 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 com- 
mence 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 intro- 
duced as a witness Fred Luke, who was a regular de- 
puty 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 passenger 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 ques- 
tioned about the use of clubs in dispersing street 
crowds at the I. W. W. meetings he said : 

**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 sur- 
prised 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 shoot- 
ing 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 Ve- 
rona 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 crawl- 
ing 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 Becking- 
ham, 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 defend- 
ants, I. P. McDowell, alias Charles Adams. 

Malcolm McLaren was then placed upon the 
stand and the admission secured that he was a de- 
tective 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 ap- 
pearance 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 de- 
portation. The witness displayed the scar on his 
head that had resulted from the wound made by 
the gun butt, and described the drunken condition 
of McRae and other deputies on the occasion of his 
injury. And then he told that "Governor" Clough 
Jiad 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 

"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 

"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 pun- 
ishment given him. He was taken to Everett with the 
impression that he would be let out and taken care 
of." ^ '-^i 

Another ex-deputy, Fred Plymale, confirmed the 
statements of Fred Luke in regard to McRae's use 
of a five passenger 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. Clif- 
ford 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 passengers on the Verona, then testi- 
fied 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 per- 
son at that time. Krieg, not being familiar with mili- 
tary terms, stated that there were many shells on the 
deck of the Verona after the trouble, and the pro- 
secution 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 shells 
on and beneath the dock to keep as mementos of the 
"Battle." Handfuls of shells of various sizes and 
description, from revolver, rifle and shotgun, inter- 
mingled 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 shells had been classified 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 evi- 
dence 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 pre- 
tense 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 Com- 
mercial Club dining room, picked up some rifle 
shells that had fallen from the rifles stacked in the 


office, and also from the pocket of one of the hunt- 
ing coats lying on the floor. She took these home to 
her mother who afterward turned them over to 
Attorney Moore. She also identified certain murder- 
ous 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 mur- 
derous 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 re- 
ceived 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 hit 
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 pull- 
ing 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 result- 
ed. Prosecutor Black displayed his usual asininity by 


asking in regard to preparations made by Verona 
passengers : 

''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 court- 
room 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 twitter- 
ing 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 shells 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 un- 
recognized empire builders who make up the mi- 
gratory class. Fred was born in Russia, his folks mov- 
ing 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. Sav- 
ery 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 i 
tales told by the well drilled citizen deputies on ^| 
whom the prosecution depended for conviction. l| 
Cooley dwelt at great length on the constant \ 
travel of this witness, a feature incidental to the life i 
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 intermin- 
able 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 wit- 
ness 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 in- 
troduced 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 af- 
fair 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 hav- 
ing gone to Everett on the day of the Beverly Park 
affair in order to mail free speech pamphlets direct- 
ly 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: 


"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 

Black tried to interrupt the witness and also en- 
deavored to have his answer stricken from the testi- 
mony but the judge answered his objection by say- 

"I told you to withdraw the question and you 
didn't do it." 

Vanderveer asked Billings the question: 
"Why did you carry a gun on the fifth of No- 

"I took it for my own personal benefit," replied 
Billings. "I didn't intend to let anybody beat me up 
like I was beaten on October 30th in the condition I 
was in. I was in bad condition at the time." 


Harvey E. Wood, an employe of the Jamison 
Mill Company, took the stand and told of a visit 
made by Jefferson Beard to the bunkhouse of the 
mill company on the night of November 4th and 
stated that at the time there were six automatic shot 
guns and three pump guns in the place. These were 
for the use of James B. Reed, Neal Jamison, Joe 
Hosh, Roy Hosh, Walter S. Downs, and a man named 
McCortell. This witness had acted as a strike- 
breaker up until the time he was subpoenaed. 

Two of the defendants, Benjamin F. Legg and 
Jack Leonard, fully verified the story told by Bil- 

Leland Butcher, an I. W. W. member who was 
on the Verona, told of how he had been shot in the 
leg. When asked why he had joined the I. W. W. 
he answered: 

**1 joined the I. W. W. to better my own condi- 
tion and to make the conditions my father was labor- 
ing under for the last 25 years, with barely enough 
to keep himself and family, a thing of the past." 

Another of the defendants, Ed Roth, who had 
been seriously wounded on the Verona, gave an un- 
shaken story of the outrage. Roth testified that he 
had been shot in the abdomen at the very beginning 
of the trouble and because of his wounded condition 
and the fact that there were wounded men piled 
on top of him he had been unable to move until s6me 
time after the Verona had left the dock. This testi- 
mony showed the absurdity of McRae's pretended 
identification of the witness. Roth was a member 
of the International Longshoremen's Association and 
had joined the I. W. W. on the day before the 

John Stroka, a lad of 18, victim of the deputie.' at 
Beverly Park and a passenger on the Verona, gave 
testimony regarding the men wounded on the boat. 

The next witness was Ernest P. Marsh, president 
of the State Federation of Labor, who was called for 
the purpose of impeaching the testimony of Mayor 
Merrill and also to prove that Mrs. Frennette was a 
visitor at the Everett Labor T^niple pn the mo^'ning 


of November 5th, this last being added confirmation 
of the fact that Clyde Gibbons had committed per- 
jury on the stand. 

To the ordinary mind — and certainly the minds 
of the prosecution lawyers were not above the or- 
dinary — the social idealist is an inexplicable mys- 
tery. Small wonder then that they could not under- 
stand the causes that impelled the next witness, 
Abraham Bonnet Wimborne, one of the defendants, 
to answer the call for fighters to defend free speech. 

Wimborne, the son of a Jewish Rabbi, told from 
the witness stand how he had first joined the So- 
cialist Party, afterward coming in contact with the 
I. W. W., and upon heai:ing of the cruel beating 
given to James Rowan, had decided to leave Port- 
land for Everett to fight for free speech. Arriving 
in Seattle on November 4th, he took passage on the 
steamer Verona the next day. 

Prosecutor Black asked the witness what were 
the preparations made by the men on the boat. 

"Don't misunderstand my words, Mr. Black," 
responded Wimborne, "when I say prepared, I mean 
they were armed with the spirit of determination. 
Determined to uphold the right of free speech with 
their feeble strength ; that is, I never really believed 
it would be possible for the outrages and brutalities 
to come under the stars and stripes, and I didn't 
think it was necessary for anything else." 

"Then when these men left they were deter- 
mined?" inquired Black. 

"Yes, determined that they would uphold the 
spirit of the Constitution; if not, go to jail. There 
were men in Everett who would refuse the right of 
workingmen to come and tell the workers that they 
had a way whereby the little children could get 
sufficient clothing, sufficient food, and the right of 
education, and other things which they can only 
gain — how? By organizing into industrial unions, 
sir, that is what I meant. We do not believe in 
bloodshed. Thuggery is not our method. What can 
a handful of workers do against the mighty forces 


of Maxim guns and the artillery of the capitalist 

"Did you consider yourself a fighting member?" 
questioned Black. 

"If you mean am I a moral fighter? yes; but 
physically — why, look at me! Do I look like a 
fighter?" said the slightly built witness. 

"Did you or did you not expect to go to jail when 
you left Portland?" asked the prosecutor. 

"My dear Mr. Black, I didn't know and I didn't 
care!" responded Wimborne with a shrug of his 

Wimborne joined the I. W. W. while in the 
Everett County Jail. 

Michael J. Reilley, another of the defendants, 
testified as to the firing of the first shot from the 
dock and also gave the story of the death of Abra- 
ham Rabinowitz. Vanderveer asked him the ques- 
tion : 

"Do you know why you are a defendant?" 

"Yes, sir," replied Reilley, "because I didn't talk 
to them in the city jail in Seattle. I was never picked 

Attorney H. D. Cooley was recalled to the stand 
and was made to admit that he was a member of the 
Commercial Club and a citizen deputy on the dock 
November 5th. He was asked by Vanderveer: 

"Did you see any guns on the dock?" 

"Yes sir." 

"Did you see any guns fired on the dock?" 

"Yes sir." 

"Did you see any guns fired on the boat?" 

"No sir." "^ 

"Did you see a gun on the boat?" ^' 

"I did not." 

"You were in full view of the boat?" 

"I was." 

Yet the ethics of the legal profession are such 
that this attorney could justify his actions in labor- 
ing for months in an endeavor to secure, by any and 
all means, the conviction of the men on the boat! 

Defendant Charles Black testified that McRae 


dropped his hand to his gun and pulled it just as one 
of the deputies fired from a point just behind the 
sheriff. Black ran down the deck and into the cabin, 
passing in front of the windows from which the de- 
puties had sworn that heavy firing was going on. 

Leonard Broman, working partner with Abra- 
ham Rabinowitz, then took the stand and told his 
story. When asked what were the benefits he re- 
ceived from having joined the I. W. W., the witness 

"They raised the wages and shortened the hours. 
Before I joined the I. W. W. the wages I received 
in Ellis, Kansas, was $3.00 for twelve hours and last 
fall the I. W. W. got $3.50 for nine hours on the 
same work." 

Ex-deputy Charles Lawry told of various brutali- 
ties at the jail and also impeached McRae^s testi- 
mony in many other particulars. 

Dr. Grant Calhoun, who had attended the more 
seriously injured men who were taken from the Ve- 
rona on its return to Seattle, told of the number 
and nature of the wounds that had been inflicted. 
On eight of the men examined he had found twenty- 
one serious wounds, counting the entrance and exit 
of the same bullet as only one wound. Veitch con- 
ducted no cross-examination of the witness. 

Joe Manning, J. H. Beyers, and Harvey Hubler, 
all three of them defendants, gave their testimony. 
Manning told of having been seated in the cabin 
with Tracy when the firing commenced, after which 
he sought cover behind the smokestack and was 
joined by Tracy a moment later. Beyers identified 
Deputy Bridge as having stood just behind McRae 
with his revolver drawn as tho firing when the first 
shot was heard. This witness also corroborated the 
story of Billings in regard to demanding that the 
engineer take the boat away from the dock. Hubler 
verified the statements about conditions on the Ve- 
rona and also told of being taken from his jail cell by 
iorce on an order signed by detective McLaren in 
an attempt to have him discharge the defense attor- 
neys and accept an alleged lawyer from Los An- 



Harry Parker and C. C. England told of injuries 
sustained on the Verona, and John Riely stated there 
was absolutely no shooting from the cabin windows, 
that being impossible because the men on the boat 
had crowded the entire rail at that side. 

Jerry L. Finch, former deputy prosecuting attor- 
ney of King County, gave impeaching testimony 
against Wm. Kenneth and Charles Tucker. Cooley 
asked this witness about his interviews with the dif- 
ferent state's witnesses: 

"If you talked with all of them, you would pro- 
bably have something on all of them?" 

The judge would not let Finch answer the ques- 
tion, but there is no doubt that Cooley had the correct 
idea about the character of the witnesses on his 
side of the case. 

In detailing certain arrests Sheriff McRae had 
claimed that men taken from the shingleweavers* 
picket line were members of the I. W. W. B. Said 
was one of the men so mentioned. Said took the wit- 
ness stand and testified that he was a member of the 
longshoremen's union and was not and had riot been 
a member of the I. W. W. 

J. G. Brown, president of the International 
Shingleweavers' Union, testified that the various 
men arrested on the picket line in Everett were 
either members of the shingle weavers' union or else 
were longshoremen from Seattle, none of the men 
named by McRae being members of the I. W. W. 
The testimony of Brown was also of such a nature 
as to be impeaching of the statements of Mayor 
Merrill on the witness stand. 

Charles Gray, Robert Adams, and Joe Ghile- 
zano, I. W. W. men on the Verona, then testified, 
Adams telling of having been shot thru the elbow, 
and Ghilezano giving the details of the way in 
which his kneecap had been shot off and other in- 
juries received. 

The murderous intentions of the deputies were 
further shown by the testimony of Nels Bruseth, 
who ran down to the shore to launch a boat and 


rescue the men in the water. He was stopped in this 
errand of mercy by the deputies. 

Civil Engineer F. Whitwith, Jr., of the firm of 
Rutherford and Whitwith, surveyed the dock and 
the steamer Verona and made a report in court of 
his findings. His evidence clearly showed that there 
was rifle, shotgun and revolver fire of a wild cha- 
racter from the interior of the warehouses and from 
many points on the dock. He stated that there were 
one hundred and seventy-three rifle or revolver bul- 
let marks, exclusive of the B-B and buckshot mark- 
ings which were too numerous to count, on the 
Verona, these having come from the dock, the shore, 
and the Improvement Dock to the south. There were 
sixteen marks on the boat that appeared as tho they 
might have been from revolver fire proceeding from 
the boat itself. There were also small triangular 
shaped gouges in the planking of the dock, the apex 
of the triangles indicating that bullets had struck 
there and proceeded onward from the Klatawa slip 
to the open space on the dock where deputies had 
been stationed. The physical facts thus introduced 
were incontrovertible. 

Defendant J. D. Houlihan gave positive testi- 
mony to the effect that he had not spoken privately 
with *'Red" Doran in the I. W. W. hall on the morn- 
ing of November 5th, that he had received no gun 
from Doran or anyone else, that he did not have the 
conversation which Auspos imputed to him, that he 
had no talk with Auspos on the return trip. All ef- 
forts to confuse this witness failed of their purpose. 

In verification of the testimony about deputies 
firing on the Verona from the Improvement Com- 
pany Dock the defense brought Percy Walker upon 
the stand. Walker had been cruising around the 
bay in a little gasoline launch and saw men armed 
with long guns, probably rifles or shotguns, leaning 
over a breastwork of steel pipes and firing in the 
direction of the Verona. 

Lawrence Manning, Harston Peters, and Ed. J. 
Shapeero, defendants, told their simple straight- 
forward stories of the **battle." Peters stated that 


as he lay under cover and heard the shots coming 
from the dock he "wished to Christ that he did have 
a gun." Shapeero told of the wounds he had re- 
ceived and of the way the uninjured men cared for 
the wounded persons on the boat. 

Mrs. Joyce Peters testified that she had gone to 
Everett on the morning of November 5th in company 
with Mrs. Lorna Mahler. The reason she did not go 
on the Verona was because the trip by water had 
made Mrs. Mahler ill on previous occasions. She 
saw Mrs. Frennette in Everett only when they were 
on the same interurban car leaving for Seattle after 
the tragedy. 

Albert Doninger, W. B. Montgomery and Jap- 
heth Banfield, I. W. W. men who were on the Ve- 
rona, all placed the first shot as having come from 
the dock immediately after the sheriff had cried out 
"You can't land here." 

N. Inscho, Chief of Police of Wenatchee, testi- 
fied that during the time the I. W. W. carried on 
their successful fight for free speech in his city 
there were no incendiary fires, no property destroy- 
ed, no assaults or acts of violence committed, and 
no resistance to arrest. 

H. W. Mullinger, lodging house proprietor, John 
M. Hogan, road construction contractor, Edward 
Case, railroad grading contractor, William Kincaid, 
alfalfa farmer, and John Egan, teamster, all of 
North Yakima and vicinity, were called as character 
witnesses for Tracy, the defendant having worked 
with or for them for a number of years. 

The defense followed these witnesses with Oscar 
Carlson, the passenger on the Verona who had been 
fairly riddled with bullets. Carlson testified that he 
was not and never had been a member of the I. W. 
W., that he had gone to Everett with his working 
partner, Nordstrom, as .a sort of an excursion trip, 
that he had purchased a one way ticket which was 
taken up by the captain after the boat had left Seat- 
tle, that he intended returning by way of the Inter- 
urban, and that the men on the boat were orderly 
and well behaved. He told of having gone to the 


very front of the boat as it pulled into Everett from 
which point he heard the first shot, which was fired 
from the dock. He fell immediately and while pros- 
trate was struck with bullet after bullet. He then 
told of having entered suit against the Vashon Navi- 
gation Company for $50,000.00 on account of injur- 
ies received. Robert C. Saunders, of the law firm 
of Saunders and Nelson, then testified that he was 
handling the case for Carlson and had made out the 
aflfidavit of complaint himself and was responsible 
for the portion that alleged that a lawless mob were 
on the boat, Carlson having made no such statement 
to him at any time. 

Charles Ashleigh was recalled to the stand to 
testify to having telephoned to the Seattle news- 
papers on November 4th, requesting them to send 
reporters to Everett the next day. He was followed 
on the stand by John T. Doran, familiarly known as 
"Red" on account of the color of his hair. Doran 
stated that he was the author of the handbill distri- 
buted in Everett prior to the attempted meeting of 
November 5th. He positively denied having given a 
gun to Houlihan or anyone else on November 5th. 
Upon cross-examination he said that he was in 
charge of the work of checking the number of men 
who went on the Verona to Everett, and had paid 
the transportation of the men in a lump sum. 

As the next to the last witness on its side of the 
long-drawn out case the defense placed on the stand 
the defendant, Thomas H. Tracy. The witness told 
of having been one of a working class family, too 
large to be properly cared for and having to leave 
home and make his own way in the world before 
he was eleven years old. From that time on he had 
followed farming, teaming and construction work 
in all parts of the west, his bronzed appearance 
above the prison pallor giving evidence of his out- 
door life. 

Tracy told of having been secretary of the I. W. 
W. in Everett for a short time, that being the only 
oflficial position he had ever held in the organization. 
He explained his position on the boat at the time 


it docked, stating that the first shot apparently 
came from the dock and struck close to where he 
was sitting. Immediately the boat listed and threw 
him away from the window, after which he sought 
a place of safety behind the smokestack. He denied 
having been in any way a party to a conspiracy to 
commit an act of violence, or to kill anyone. 

"You are charged here, Mr. Tracy," said Van- 
derveer, "with having aided and abetted an un- 
known man in killing Jefferson Beard. Are you 
guilty or not guilty?*' 

"I am not guilty," replied Tracy without a trace 

The cross-questioning of the defendant in this 
momentous case was conducted by citizen-deputy 
Cooley. His questions to the man whom he and his 
fellow conspirators on the dock had not succeeded 
in murdering were of the most trivial nature, clearly 
proving that arch-sleuth McLaren had been unable 
to discover or to manufacture anything that would 
make Tracy's record other than that of a plain, un- 
assuming, migratory worker. 

"Where did you vote last?" asked Cooley. 

"I never voted." responded Tracy. 

"Never voted in your life?" queried Cooley. 

"No!" replied the defendant who for the time 
represented the entire migratory class. "I was never 
in one place long enough !" 

Then, acting on the class theory that it is an 
honor to be a "globe-trotter" but a disgrace to be a 
"blanket-stiff," the prosecutor brought out Tracy's 
travels in minute detail. This examination of the 
railroad construction worker brought home to the 
listeners the truth of the little verse : 

"He built the road; 

With others of his class he built the road ; 
Now o'er its weary length he packs his load. 
Chasing a Job, spurred on by Hunger's goad. 
He walks and walks and walks and walks. 
And wonders why in Hell he built the road!" 

Then there hobbled into the court room on 
crutches a stripling with an empty trouser leg, his face 


drawn with suffering, and who was able to get into 
the witness chair only by obviously painful efforts 
with the assistance of Vanderveer and Judge Ro- 
nald. This was Harry Golden, whose entire left leg 
had been amputated after having been shattered 
by a high-power rifle bullet fired by a "law and 
order*' deputy. 

Golden stated that he had been born in Poland 
twenty-two years before, and had come to the 
United States at the age of sixteen. He was asked : 

**Why did you come to this country?" 

"I came to the United States," said the witness, 
"because it is supposed to be a free country." 

"We object to that as immaterial!" cried prose- 
cutor Veitch. 

The witness described the firing of the first shot 
and told of his attempts to find a place of safety. 
He said he was wounded in the hand as he attempt- 
ed to climb into a life boat. He remained on the 
starboard side of the starboard life boat until the 
Verona had backed out into the bay. Then just as 
he was starting to raise up a rifle bullet struck his 
leg, taking a course thru the limb and emerging at 
the knee. 

"That is on your left—?" 

"On my left, yes, which I ain't got; I lost it!" 
said the witness. 

"Did I understand you to say you stood up to 
see something before you were shot?" asked Veitch. 

"Why, sure!" replied Golden contemptuously. 
"I had my two legs then." 

Veitch wished to learn the exact location of the 
witness at the time he was shot and to that end re- 
ferred to the model with the remark : 

"Look here. Here is the boat as it was at the 

"I don't like to look at it!" said Golden heatedly. 
"I lost my leg on that boat!" 

The witness was in evident pain duriYig the ex- 
amination, having just had a hospital treatment ap- 
plied to his raw stump, and was rather irritable as 
a consequence. He answered several questions 


rather sharply and proceeded to explain his an- 
swers. At one of these interruptions Judge Ronald 
exclaimed to the witness angrily: 

**When he asks you a question answer yes or no ! 
If you want to live in this country try and live like 
an American !*' 

**I take an exception to Your Honor's remarks!" 
said Moore emphatically. 

The judge grudgingly allowed an exception to 
his uncalled for statement. 

In concluding his examination Veitch asked the 

"What is your name in Polish?" 

*'I am not Polish ; I am a Jew," replied Golden. 

**Well, what is your family name in Poland?" 
asked the prosecutor. 

"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 

This ended the case in chief for the defense, the 
marshalling of such a mass 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 prose- 

In rebuttal 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. And- 
rews, 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 Mc- 
Rae, Oscar Moline, dance hall musician, Albert .Mc- 
Kay, 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 re- 
spectively of the Commercial Club and also deputies, 
A. E. Ballev^, 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-ex- 
amination 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-rebuttal 
witnesses, except in the testimony of Auspos and' 

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 testi- 
mony of Billings. 

Reese related a conversation that Tracy was al- 
leged to have carried on in his presence on the Ve- 
rona 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 some- 
thing 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 longshoremen'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 work- 
ers, 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 phos- 
phorus 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 offer- 
ed 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 longshoremen's un- 
ion, 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 mem- 
ber of the longshoremen's union, a bottle of phos- 
phorus with instructions to start a fire at Pier 5 ; that 
in the month of July the witness opposed a settle- 
ment of the longshoremen's strike and when mem- 
bers 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 un- 
ion 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 Fein- 
berg, 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 be- 
fore 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 longshoremen 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 Gov- 
ernment boat lying in the Sound during the progress 
of the longshoremen'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-rebuttal 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 detect- 
ive force of the Seattle police department, testified 
to having telephoned to the sheriflf'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 insterted 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 occured 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 v^as 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 unit- 
ed radicals of the entire city and surrounding district. 
Meeting at the I. W. W. hall at 10:30 in the morn- 
ing, thousands of men and women fell into a march- 
ing 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 B,aran, Gerlot and Looney — Labor's martyred 

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 class 
struggle who had died during the year just passed. 

A fitting song service, with a few simple words 
by speakers in English, Russian, Swedish, Hungarian 
and Italian, in commemoration of those who had 
passed away, completed the tribute to the dead. 

Nor were the living forgotten ! The great crowd 
drifted from the graveside, but hundreds of them 
reassembled 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 re- 


quest 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 Manufact- 
urers' Association in San Francisco. 

There remained but the reading of the instruc- 
tions 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 



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 deli- 
very make between the State of Washington and the 
prisoner at the bar, whom you have in charge, ac- 
cording 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 unerr- 
ing, 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-earn- 
ed plaudits of the selfish or biased friend or interest 
whom you sought to please, but be assured 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 per- 
son or class or persons, or of interest whatever. To 
do so will be an act alike dishonest, violative of your 
oath, substituting 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 evi- 
dence 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 pub- 
lic 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 effect- 
ively 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 in- 

Judge Ronald followed this lecture on civic right- 
eousness and personal duty with more specific in- 
structions to the jury, of which the following are 

"In this case you must answer the question — Is 
this defendant guilty or innocent? * * * Keep con- 
stantly 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 
mass of evidence in this case. Whether the Indus- 
trial 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 fhe 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 evi- 
dence does not satisfy you of guilt to an absolute cer- 
tainty. No crime can be proved to an absolute cer- 

"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 ne- 


cessary to establish the conclusion of guilt must be 
proved beyond a reasonable doubt. 

"There are two facts necessary to convict this 

(1) That some person on the boat unlawfully 
killed Jefferson Beard. 

(2) That this defendant aided, incited or en- 
couraged 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 ques- 
tion in dispute in this case ; if you have a reasonable 
doubt as to either of these two facts, then you must 

The instructions then went into detail as to the 
rights of the workers to organize, to bargain in re- 
gard 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 as- 
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 instruc- 
tions went on to state that "a sheriff has no author- 
ity 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 cus- 
tody for a longer time than is reasonably necessary 
to cause proper complaint to be filed, and an op- 
portunity 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 ordi- 
nances" 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 crim- 
inal 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 consituted 
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 un- 
lawful assemblage, 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 de- 
fendant 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 assist- 
ants 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 aggres- 
sors and cause of that shooting on the dock wherein 
Jefferson Beard lost his life. 

"One of the questions in this case is the ques- 
tion — Which side was the aggressor on that occa- 

"In determining who was the aggressor it is your 
duty to consider all the facts and circumstances 
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 vio- 
lence or other assaults that may have been com- 









mitted, and any threats that may have been made, 
and the character as known and understood by each 

"Therefore, simplify your deliberations and de- 
termine first the question : Did somebody on the boat 
unlawfully kill Jefferson Beard? If somebody on the 
boat did not kill Beard, then of course Tracy could 
not be guilty of aiding John Doe to do something 
which John Doe did not do. But if the State has 
satisfied you beyond a reasonable doubt that Beard 
was killed by a shot fired by somebody on the boat, 
then such killing is either unlawful, in which case 
John Doe would be guilty of one of three degrees 
of unlawful or felonious homicide, viz., murder in 
the first degree, murder in the second degree, or 
manslaughter; or it is justifiable in which case John 
Doe would not be guilty. Hence you will render one 
of four verdicts in this case — 

1. Guilty of murder in the first degree, or 

2. Guilty of murder in the second degree, or 

3. Guilty of manslaughter, or 

4. Not guilty. 

"It is very desirable that you reach a verdict in 
this case. The law requires that your conclusion shall 
be unanimous. It is not required that any one of you 
should surrender his individual freedom of judge- 
ment, but it is well that each of you should have in 
mind that your true verdict cannot ordinarily be 
reached except by mutual consideration and discus- 
sion of all the different views that may suggest them- 
selves to any of your number. The jury room is no 
place for pride of opinion. A verdict which is the re- 
sult of real harmony, or that growing out of open- 
minded discussion between jurors, and a willingness 
to be convinced, with a proper regard for the opin- 
ions of others, and with a reasonable distrust of in- 
dividual views not shared by their fellows, is a fair 
yielding of one reason to a stronger one ; such, hav- 
ing in mind the great desirability of unanimity, is 
not open to criticism. The law contemplates that 
jurors shall, by their discussions, harmonize their 
views if possible, but not that they shall compromise 


and yield for the mere purpose of agreement. One 
should not surrender his conscientious convictions. 

"And now, ladies and gentlemen of the jury, I 
commit the case to your hands. Listen to the argu- 
ments. Regardless of what may be counsel's recol- 
lection of testimony, you must take and follow your 
own recollection. You are not required to adopt 
any view which counsel may suggest in argument, 
but you should give close attention to all they say. 
Take up your task fearlessly, with but one single 
aim — ^to discharge the obligations of your oaths. 
You have no class to satisfy — simply the dictates of 
your own conscience." 

Taken as a whole the instructions were distinctly 
unfavorable to the defendant, not because of any 
particular bias of the judge whose political ambi- 
tions might have made him desirous of establishing 
a record for fairness, but by reason of the fact that 
the law itself on the question of criminal conspiracy 
is archaic and absurd, being based upon precedents 
established when the use of electricity and steam 
power were unknown, when the stage coach was the 
fastest means of locomotion and the tallow dip 
the principal form of illumination. This law, like 
all other statute law, was created thru the desire of 
the ruling class to protect property, therefore it con- 
tained no element of justice when applied to the 
modern proletariat, the twentieth century worker 
stripped of everything but his power to labor. 

Following the reading of the court's instructions 
prosecutor Black made his argument, Vanderveer 
and Moore for the defense addressing the jury in 
turn, and Cooley making the concluding plea for the 
state. This arrangement gave Veitch no chance to 
turn loose his oratorical fireworks, much to the 
chagrin of the gentleman who had been so kindly 
loaned to the prosecution by the Merchants' and 
Manufacturers' Association. 

Black's lengthy address was a whine for pity be- 
cause of his youth and a prayer for relief from the 
dire straits and legal bankrupcy into which Snoho- 


mish County had fallen. It is summarized in the fol- 

"We are at the close of a great trial. A great 
deal of evidence has been introduced; practically 
two million five hundred words. From the stand- 
point of the attorneys who have tried this case the 
evidence has been very complicated because it had 
in it a great mass of evidence that was only remotely 
connected with the real issue at bar. You as jurors 
have a very simple question to decide in this case. 

'Thomas H. Tracy is charged with the crime of 
murder in the first degree, not that he himself killed 
Jefferson Beard, but that he, Thomas H. Tracy, 
aided, incited and encouraged some unknown one to 
kill Jefferson Beard of Everett, on last November 

"I repeat first that some person on the boat un- 
lawfully killed Jefferson Beard ; secondly that this 
defendant, aided, incited and encouraged such shoot- 

"I come before you as the prosecuting attorney of 
Snohomish County. Owing to the exigencies of po- 
litics I was elected to office a few days after Novem- 
ber 5th, the time of this catastrophe. Two months 
and a few days after, I took office and found a man 
charged with a crime that I did not have the power 
of prosecution over up to that time. Mr. Webb, then 
prosecuting attorney, who had started the action 
and initiated and seen fit to collect some of the evi- 
dence, was not able to complete the prosecution on 
account of the size of the trial. 

"I am a young man without the experience that 
any man ought to have in the prosecuting of a case 
like this, a case the size of which has never been 
experienced in the State of Washington, and in many 
ways an absolutely pioneer case in criminal trials 
the world over. 

**So the State has been hampered in that at the 
outset a young man, a new prosecuting attorney, has 
come into office and to him there has come a case 
that no man could read up concerning, and a large 
piece of battle — it is the State's contention, a battle 


between hundreds of men on the boat and a large 
number of deputies on the dock, a battle absolutely 
and surely initiated by firing from the boat, but still 
a battle ; — a case without parallel in the criminal 
history of this State or of the United States. 

"It happens that fortunately the State has had 
assistance in this case. The State of Washington, 
thru its county commissioners, requested the assist- 
ance in this case of Mr. Cooley, whom you have all 
grown to know, a man who formerly for four years 
was prosecuting attorney of Snohomish County, and 
who since that time has been associated as assistant 
counsel in practically all the criminal prosecutions 
of Snohomish County that have required assistance. 
"And in addition to this the State has been fortun- 
ate in having, at the request of the county commis- 
sioners, the assistance of Mr. Veitch, a young man it 
is true, but one who thru years of service in the dis- 
trict attorney's office in Los Angeles County had ex- 
perience in criminal trials, and especially because of 
his connection with what are known as the conspiracy 
murder trials in Los Angeles County, and also in as- 
sisting the federal prosecution at Indianapolis. It 
has been necessary in this kind of a case for the State 
to have assistance. 

"Now I told you my friends that I came here as 
prosecuting attorney of Snohomish County. I am also 
a deputy prosecuting attorney of King County under 
Mr. Lundin. After I was appointed I was very un- 
pleasantly surprised by one statement. A little 
phrase, 'without pay,' so that I don't know whether 
really I am a deputy prosecuting attorney or not, 
because I found that in public office a man always 
likes to see the warrant come at the end of the 
month ! 

"You are a jury in this case from King County 
because the defendant and the other defendants 
filed an affidavit to the effect that they didn't expect 
that a jury selected in Snohomish County would give 
the defendant a fair trial. The State is happy in your 
selection and knows that you will follow the dictates 
of your conscience and is likewise confident that you 


cannot help but believe that Jefferson Beard was 
killed by someone shooting from the Verona, and 
that Thomas H. Tracy, alias George Martin, incited, 
aided and encouraged in that shooting. 

**Now, the witnesses on the dock are men of Eve- 
rett, men of family, men who are laborers, but with 
families; men who are clerks, with interests in Sno- 
homish County; men who hold some important po- 
sitions, as lawyers ; people with families, people who 
by residence have established reputation for truth 
and veracity ; men who have established themselves, 
have made themselves successful, sometimes in mere- 
ly that they have established a small home, or who 
have lived in Everett and have made friends and ac- 
quaintances. That is the class of men that were on 
the dock. 

"There are only two classes of people who know 
anything about the shooting. The people on the 
dock are one set, and the people on the boat are the 

The people on the boat, with but one or two ex- 
ceptions, are men who have established no reputa- 
tion for truth and veracity, have been successful in 
the world in no way, even from the standpoint of 
stable friends, living here and there, unfortunately; 
perchance, with some of them it is due to un- 
fortunate circumstances and environments, and they 
have been unlucky, but still they haven't establish- 
ed stable friends in any community. 

"Then there are the three boatmen on the boat — 
and those three men, unprejudiced, unbiased, not 
deputies and not Commercal Club members, but 
merely laborers, they know where the first shot came 
from, and they tell, and their testimony absolutely 
and entirely contradicts the testimony of the de- 
fense in this case from start to finish. 

"And when you look at that red face and red 
hair and that honest expression of big Jack Hogan 
John Hogan here, and his honest blue eyes, it doesn't 
seem to me that you can have any more doubt than 
I have that Jack Hogan saw Tracy. 

"Now, these men that come on the stand all con- 


fess they had a common design. Their common de- 
sign they say, was that about two o'clock in Everett 
they were going to speak at the corner of Wetmore 
and Hewitt Avenues, that is their common design. 

"The court tells you that the purpose that they 
admit was unlawful, so Tracy, by the testimony ad- 
duced in his favor, was one of the men having a 
common design for an unlawful purpose. Tracy, re- 
gardless of his location, regardless of whether he 
fired or not, is guilty. 

"The sheriff and his deputies could have been 
guilty of everything claimed against them previous 
to this and the defendant still be guilty of helping 
and encouraging someone else to unjustifiably kill 
Jefferson Beard. 

"Under the Court's instructions there were acts 
done at Beverly Park that were unlawful. There is 
no question about that. Instead of this being a weak- 
ness on the State's part, it seems to me that it is an 
added strength. Because the I. W. W. used Beverly 
Park for what purpose? They jumped on it with 
desire, deeming it a fortunate circumstance because 
they wanted to inflame men to invade Everett. They 
jumped on this, the men at the head of the con- 
spiracy, they jumped on Beverly Park because they 
could use it to inflame their members. How do we 
know? Their own statements! Their telegrams! 
^Advertise conditions and send volunteers.' Volun- 
teers for what? Volunteers for what? When a man 
represents things and so helps to make men mad he 
wants these men up there as volunteers for retalia- 
tion. And the Court has instructed you that if these 
men went up there with the purpose of retaliating, 
they are guilty. Tracy having been one of a common 
design makes it central, vital, in good conscience as 
citizens, that you return your verdict asked by the 

"Any time a murder is committed it is important 
that prosecution be had and conviction secured. 
That is always vital from the standpoint of protec- 
tion to society. The police, the sheriff's office, and 
the officials of all cities and states of the United 


States sometimes forget themselves, I take it, some- 
times do things they shouldn't do, sometimes do 
things they should be censured for, but the fact that 
they had is no reason that murder is to be excused 
or justified, because if you did, we would have no so- 
ciety. That is true in an ordinary murder case. That 
is overwhelmingly true in this case. 

"The I. W. W. is an organization that realizes the 
great truth in combating government. They have 
stumbled upon an overwhelmingly successful instru- 
ment in fighting society. What is that? To commit 
a. violation of the law in numbers, to violate the law 
by so many people that only a few can be prosecuted 
and even if they are convicted, the great majority 
go scott free. They built better than they knew 
when they stumbled upon the great secret that the 
violation of a law in great numbers would protect 
practically all of the violators. And this trial itself 
is proof of that. 

"Snohomish County can ill afford the expense of 
this one trial ; can ill afford the expense of two or 
three trials after this; would be overwhelmed with 
debt to convict all the men who are in this conspir- 
acy, if there were a conspiracy it can't do it; most of 
them are safe from prosecution and they know it; 
and the only protection that Snohomish County has, 
and King County has, and the State of Washington 
has, and the United States has, is that when some- 
thing happens like this a conviction be secured 
against a man who is guilty, not because you are 
convicting all, because you can't, you are helpless — 
but because that at least is the voice of warning to 
the men that if you lead an attempt you may be the 
one of the great number that will be caught. It is 
important from the standpoint of citizens of the 
State of Washington to establish the principle that 
crimes cannot be committed by numbers with im- 
punity, that while, it is fairly safe, it won't be abso- 
lutely safe. We have no protection. That is the vital 
part of this case. We have no protection. 

"If this case were just that of murder committed 
by one man acting alone, the importance of your 


verdict would be of small significance, compared 
with the importance of your verdict in a criminal 
case where the members are part of an organization. 
True, the society has no doubt a great many aims 
that are desirable to improve the welfare of the 
workingman. But it has one aim, one vital aim, in 
its platform to bring upon it the condemnation of 
thinking, sober men and women residing permanent- 
ly in the State of Washington, and that is sabotage. 

"We are not claiming that the killing of Jefferson 
Beard was in the exercise of sabotage. We are say- 
ing that sabotage along with the conscious with- 
drawal of efficiency, sabotage along with the destruc- 
tion of property, may also mean crime. 

"The I. W. W. members did not come to Everett 
for the purpose. of employment; they were men who 
v/ere wanderers upon the face of the earth, who de- 
sired to establish themselves nowhere, and none of 
them, as far as this witness stand is concerned, ex- 
pected to work in Everett or to put sabotage in effect 
in Everett by working slow. The only way they 
could use sabotage in Everett was by the destruction 
of property. The mayor became alarmed, and the 
sheriff, after their repeated threats in their papers. 
But whether you believe sabotage to be good, bad, 
or indifferent, really is not vital in this case except 
as a circumstance. 

"Now, the Wanderer. The Wanderer did not 
happen the way they said it happened. The sheriff 
did shoot after they refused to stop. The sheriff did 
hit some of them with the butt of his gun. The sheriff 
brought them into Everett because they constituted 
an unlawful assemblage. The sheriff did the only 
thing he could do. He filed charges against them 
and they were arraigned in court. Twenty-three men 
cannot be tried quickly when each one demands a 
separate trial by jury. Twenty-three trials would 
stop the judicial nlachinery for three months. They 
could not be tried and so the sheriff turned them 
loose. Maybe he did hit them harder than he should 
have. Policemen do that! Sheriff do that! Lots of 
time they hit men when it is not necessary. Hit them 


too hard, sometimes. They don't always understand 
exactly what they are supposed to do. But the I. W. 
W. exaggerated the matter and used it to incite re- 
taliation on the fifth. So the Beverly Park incident, 
and all other incidents, if true to the last syllable of 
the defense testimony, merely in this case extenuat- 
ed the motive on November 5th. 

"Now then, why did the State select Tracy? The 
State's evidence was to the effect that Tracy was not 
only a member of the conspiracy, but was firing. 
Several State's witnesses recognized Tracy. There 
was another reason. What was that? Some of these 
men, some of these boys, flitting here-and there from 
job to job, with never more than a dollar or two in 
their pockets, were inflamed intentionally by people 
who misrepresented conditions. They did not have 
any right to be inflamed; they did not have any 
right to go to Everett and they are guilty of murder 
if they went up there to retaliate for any wrong, 
actual or conceived. But the State has preferred to 
put on first a man who was in the forefront of the 
conspiracy; the man that appeared to be an im- 
portant cog of that conspiracy, and that man is 

"Tracy knew that a great many people of Everett 
were alarmed and disturbed. Tracy knew that the 
I. W. W. did not want anything in Everett, had no 
interests there, no friends there except as they were 
disturbing conditions. Tracy knew the purposes and 
Tracy went back to Seattle so he could lead this 
excursion to Everett. Tracy is a man of determina- 
tion. He knew the situation and he was prominent 
enough to be selected by the organization as a sta- 
tionary delegate. And. if any man knew what they 
intended to do in Everett, it undoubtedly was Tracy. 
So, regardless of whether he fired or not, Tracy was 
one of the men who were on the inside. Tracy is a 
part of the conspiracy that happened. But no man, 
my friends, on that boat, that went up there with a 
common design to break the ordinance has been 
sinned against because he is in jail. 


"Now, my friends, you want in good faith to fol- 
low the instructions of the court. It seems to me 
that the only question you have to decide is the one 
the court told you to decide — Was Beard killed un- 
lawfully by a shot from the boat, and did Tracy aid, 
encourage or incite that killing? 

"The murder of Jefferson Beard was a premedi- 
tated murder. Following the instructions of the court, 
separating the wheat from the chaff, and deciding 
that one question, we of the State are confident that 
you as jurors and good citizens, as honest, sincere 
and conscientious citizens, will protect Snohomish 
County — we believe that your verdict will say *We 
are convinced, beyond a reasonable doubt, that 
Tracy is guilty, and, being so convinced, we are going 
to protect Snohomish County as we would our own.' 
I thank you!" 

Vanderveer handled the case from two different 
viewpoints — that of a first degree murder trial and 
also as a section of the class struggle. His address 
was a masterly array of invincible logic and satire. 
Omitting his readings from the transcript of evi- 
dence, his speech was substantially as follows: 

"This cause is, as the counsel for the state has 
told you, one of momentous importance not only to 
the defendant but to a class — a large class of people 
of whom today he stands merely as an unfortunate 
single member, fighting their battle. 

"We do not ask in this case for mercy, we do 
not ask for sympathy, but it is essential, absolutely 
essential that we should have cold, stern justice; 
justice for the defendant, justice for those who have 
oppressed him, those who have denied him his 
rights. We hope this case is the beginning of a line 
of prosecution which will see that justice is done in 
the Everett situation. 

"It is not the defense who outlined the issues in 
this case, it was the State who determined that. They 
have chosen their fighting ground, and we had to 
meet them on that battle. In the beginning of this 
case the State, thru Mr. Black, told you that it would 
prove a conspiracy of very formidable proportions, 


a conspiracy in the first place to commit acts of vio- 
lence and to incite acts of violence, a conspiracy to 
commit arson, a conspiracy to overrun all law and 
order in Everett and bring on a condition of chaos. 
The claim was a very formidable one. The evidence 
has been very silly. The State ought to apologize, in 
common decency, for ever having suggested these 

"What is the evidence about the fires? The fire 
marshairs report, made by a man who would na- 
turally try to enlarge the performance of his duties 
and impress upon the public the manner in which 
he discharged them, reports only four fires of in- 
cendiary origin for the entire year. Every one of 
these were discovered before they did five cents 
worth of damage. Who had notice of them? Was 
it the I. W. W. who set them or was it Reese or some 
paid employe of the Pinkerton Agency? Can you 
conceive that an organization embracing as many 
members as this does, bent upon the destruction of 
Everett, could not set one fire at least that would 
do some damage. It is nothing but a hoax! 

"As to force and violence, who did they put on to 
prove it? Young Howard Hathaway, a mere boy, 
whose father represents some mill companies in 
Everett. Then Sheriff McRae, and McRae couldn't 
tell you one thing that he heard at the street meet- 
ings. Then they put on Ed Hawes, the big brute that 
out at Beverly called the little boy a coward, a baby, 
because he wouldn't stand there and be slugged with 
guns and clubs. And what did Hawes say? That he 
looked up sabotage in the International Dictionary! 
And you can search that book until you are black 
in the face and you won't find a word in there about 
sabotage. Why, if sabotage is such a terrible thing, 
did Hawes, having heard all about it at the street 
meeting, have to go home to look it up at all? 

"At these meetings there was not one thing said 
that could invite criticism, there was not one thing 
said that could justify or invite censure or abuse; 
there was not one disorderly thing done but was 
done by the officers of the law themselves, and they 


went in recklessly, without excuse, without right, 
they clubbed Henig, they clubbed Carr, a former 
member of the council, and they roughed women 
around and knocked them down. Why? Because 
these people were mill owners, their hirelings and 
their representatives, who had been instructed in 
the propaganda of the open shop by employes, aides 
and emissaries of the Merchants' and Manufacturers' 

"A lot of people went to the jail one night, a 
thousand, maybe. They hooted, they cat-called, and 
they hissed. Is it any wonder they did? Ladies and 
gentlemen, I want to tell you there is no surer verdict 
on earth than the verdict of a crowd ; and the verdict 
of that crowd condemned what the deputies had 

^'Finally they say there was a conspiracy on the 
5th of November to go to Everett and to hold their 
meeting at all hazard, to brook no opposition, to 
ride rough-shod over it, to oppose everyone and 
anything that stood in the way of accomplishing 
their purpose. I ask you to think just for a moment 
how foreign that is to everything you know about 
the I. W. W. and their operations and behavior in 
Everett. Not one witness for the state could tell you 
an incident where one of them resisted arrest, could 
tell you an occasion where one of them had advo- 
cated violence, could tell you one occasion where 
any one of them had committed any acts of violence. 

"These people wrote to Governor Lister calling 
his attention, to the violations of the law on the part 
of the officers of Everett ; they wrote to Mayor Mer- 
rill, enclosing a copy of that letter and calling on 
him to restore the order that had been violated by 
the officers of the law; they scattered handbills all 
over Everett, among its best homes and in its business 
streets, calling upon the good citizens to come to 
their meeting on November 5th at Wetmore and 
Hewitt, to come and help maintain your own and 
our constitutional privileges ; they mailed to the citi- 
zens of Everett on October 30th, seven or eight 
hundred copies of a little pamphlet calling upon 


them to intervene and stop the brutality of officers 
of the law; they questioned Governor Lister at a 
public meeting and again called his attention to the 
conditions in Everett; they called in the reporters, 
called the newspapers and notified the editors that 
they were going to Everett and asked them to have 
representatives present: Are these the acts of con- 

"You know how that meeting was called and 
why it was called. You know it from ministers of the 
gospel, you know it from the lips of those whom 
you cannot help but believe. And it was called for 
Sunday, the day when people ordinarily resent dis- 
orders of the kind that had occurred there. It was 
called for the daytime, when ordinarily abuse and 
violence are not attempted. And this big crowd 
went up there on this fine Sunday afternoon because 
in number there is strength and in numbers there is 
protection against brutality. 

"At first the deputies had taken out one or two 
and abused and beaten them; then they had taken 
five or six; they had taken eighteen; finally they 
had taken forty-one. But I ask you, would you believe 
it possible that they could take two hundred or three 
hundred people in broad daylight and do to them 
what had been done to the others? Yet the evidence 
in this case shows convincingly and conclusively 
they intended to do substantially that thing. They in- 
tended to run those men into a warehouse; they 
didn't intend to let one of them get away. And had 
they gotten them into that warehouse you don't 
know, I don't know, nobody knows what would have 

"That is the evidence of conspiracy in this case. 
They have claimed no other conspiracy; they have 
offered no other evidence of conspiracy, either to 
set fires or to incite violence, or to override all op- 
position on November 5th. Their evidence doesn't 
stand even if unanswered — and no evidence could be 
more successfully answered. 

"What evidence is there that Tom Tracy had 
anything to do with such a conspiracy, if there were 


one? Their most willing tools, Auspos and Reese, 
don't say a word about Tracy. 

"What does the identification by McRae amount 
to? He identifies Tracy as the man who leaned out 
of the window and shot at him. Now at the time 
this shot was fired McRae had his back turned to 
the man who shot it. He says himself he did, and 
he was shot thru the heel, which seems to prove it. 
That, by the way, suggests to me that it was not an 
I. W. W. who shot McRae. The man who shot him 
must have thought McRae a hero, like the gentle- 
man of mythological fame who was killed by an 
arrow thru the heel which no I. W. W. does, I assure 
you. Or else he thought that McRae wore his brains 

''But I am not going to discuss McRae at great 
length either now or at any other stage of this case, 
because the greatest kindness I can do him is to 
forget him. The man is a perjurer! He lied ! He was 
not mistaken. He deliberately, cold-bloodedly lied 
about almost everything in this case wherein his 
conduct as an officer was questioned. He lied about 
'Sergeant' Keenan ! He lied about shooting at the 
"Wanderer," and you saw the bullet holes. He lied 
about Berg and about Mitten, and finally, and last 
of all lied, and we have proven it conclusively, about 
being out to Beverly Park. 

"Bridge's identification of Tracy does not agree 
with that of Smith, and Bridge does not even agree 
with his own testimony given at the coroner's in- 
quest. Smith picked out a photograph and said it 
was Tracy and that picture resembles Tracy about as 
much as I do some of you jurors. Bridge and Smith 
say that Tracy fired three shots, and Hogan says 
he fired only one. And you know, ladies and gentle- 
men, that Hogan did not see this man at all. You 
know that he did not even see the window at 
which he pretends this man was sitting when the 
shot was fired. You know it because you went there 
to the dock and you saw the boat lined up to a 
mathematical certainty by the shot marks, and you 
saw a photograph taken with the camera placed by 


John Hogan exactly where he said he was standing 
himself. And there wasn't a one of you who could 
identify Bob Mills, with his long nose and angular 
features, with everything that makes identification 
easy, when he was in the position attributed to Tracy. 
And when you came around from there to where 
you could look directly at the place, the reflected 
glare of the sunshine left nothing but a blank back- 

"There* were one hundred and forty deputies 
looking toward the place where the first shot was 
supposed to have been fired. They have produced 
on the witness stand only about one in ten. We chal- 
lenged them to bring them all on, we dared them to 
do it, and Mr. Cooley said 'I accept that dare !' — look 
it up Mr. Cooley on page 1802 of the transcript — 
but he did not dare accept that dare. Mr. Cooley 
knows what those nine-tenths would testify to. 
Twelve out of their sixteen witnesses who testified 
about the first shots said that their brother deputies 
were mistaken as to even the place on the boat where 
the first three shots came from. 

"I venture, ladies and gentlemen, that with a 
bit of the kind of work the State has employed in 
this case, a little bit of the same zeal that was em- 
ployed on Auspos, a little bit of the same zeal that 
was employed with Reese, a little bit of the help of 
McLaren of Los Angeles, I can take these one hun- 
dred and forty-five men and pick out four men who 
will honestly and truthfully testify that they saw 
anything, and I say that with no reflection on their 
honesty either, because the power of suggestion is 
enormous. It is not surprising that four people have 
come here to say they saw Tracy. It is not surprising 
that three out of the four should have been proven, 
conclusively, convincingly and absolutely, not to 
know what they were talking about. 

"The court has told you that in this case it is not 
a question of who shot first, not a question of which 
side* shot first, it is a question of who was the ag- 
gressor, who made the first aggressive movement, 



^ > 

IS «^ 

5:1 S 





O M 


who did the first hostile thing. The man who did a 
thing to excite fear was the aggressor, and that man 
was McRae when he pulled his gun. McRae clearly 
did that before there was any shooting. 

"In determining who the agressor was, you are 
entitled — not only entitled but must take into ac- 
count the past behavior of all parties. And what does 
that show you? Was it the I. W. W/s who had never 
offered violence, who had never done an act of vio- 
lence, who had decried and deplored violence, as 
members of their audiences told you, and advised 
caution against it? Or was it McRae and his de- 

"It is only formally correct to refer to these as 
deputies. They had commissions, but in nothing else 
in the world did they bear the remotest resemb- 
lance to officers of the law, not in their conduct, not 
in their training, not in their purposes, not in any- 
thing. They were the hirelings of either the mill 
owners of Everett or the Commercial Club. Did you 
ever in your life before hear of officials taking their 
instructions from representatives of an industrial 
movement? Did you ever before hear of deputy 
sheriffs being instructed in the propaganda of the 
open shop, being instructed in the methods employed 
at Minot unlawfully to prevent street speaking? 
That is where the first mistake in this Cdse was made. 
First in the selection of that kind of men ; second in 
the deliberate attempts which were made to color 
their actions, to prevert them, to make them the tools 
of the employers. 

"That is the reason Henig and Carr were beaten, 
that is the reason Feinberg and Roberts were beaten, 
that is the reason men and women were knocked 
down in the crowds, that is the reason that this boy, 
Schwartz, was taken out by McRae and chased zig- 
zag down the road in mortal terror of being run 
down by the sheriff's automobile, that is the reason 
'Sergeant' Keenan was hit over the head with a 
gun, that is the reason James Rowan was taken out 
and beaten black and blue. How do you suppose 
Rowan got those marks on his back? Did he put 


them there for fun, or were they put there by some- 
body else's rotten, dirty brutality ? If you didn't know 
a thing about him except what you know about Be- 
verly and these other incidents, and it was deep 
darkness where this happened, I venture you would 
all say off-hand, *It must have happened at Everett, 
anyway. There is no place else that I know of 
where they do such things/ 

"Black says the ''Wanderer" has been greatly 
misrepresented to you, that the things we claim 
happened did not happen there at all. Well, there is 
a lot of evidence that they did happen. There are a 
lot of people who could have denied it. There are a 
whole crew of deputies who could have come up here 
and denied it. Why didn't they? Because they were 
ashamed of it and they knew they could not stand 
the grilling that was awaiting them in the court 
room. It is true, certainly! And I say here that no- 
thing but providential intervention prevented Mc- 
Rae on that day from being a cold-blooded murderer! 
That is the manner of man you are considering. You 
are considering whether he was the aggressor, he 
or the people he shot at. 

"Counsel says that Louis Skaroff lied. Now I am 
very frank to confess that when we produced that 
story on the witness stand I feared you would not 
believe it, not because I doubted the truthfulness of 
his statement but because the story itself is so brutal 
and inhuman that I questioned whether there could 
be found anywhere in the county twelve persons who 
would think such things could possibly happen just 
thirty miles away. But when one of their own wit- 
nesses went on the stand here, in rebuttal, and told 
you that Louis Skaroff came out of that room with 
his arms above his head, crying, with the blood run- 
ing from his finger tips, I knew that you knew that 
Louis Skaroff had told the truth. 

"The state has been very reluctant in this case to 
admit that there were rifles on the dock, because if 
the deputies went there with rifles there was a 
reason for it. You could not find a rifle on that dock 
until we proved-what? That rifle shells were around 


the dock in great numbers ; we proved it by innocent, 
clean little boys who picked up the shells; until we 
proved by witnesses that the rifles were there and 
were being shot; until we proved by a rifle bullet 
with human blood and a man's hair on it that the 
use made of the rifles was a deadly one. 

"Who was the aggressor? Even now the State 
doesn't like to admit, because the State knows it is 
fatal to their case to admit, and notwithstanding 
hopeless to deny, that there were helpless men in 
the water being shot at. They do not like to admit 
that a man was so impressed with the inhumanity of 
the thing that he ran from the depot to the boat 
house hoping to effect a rescue of the men and was 
stopped by the armed deputies. The State does not 
like to admit the evidence of their own deputy wit- 
ness, Groger, — whose actions I want the counsel 
for the state to explain and justify is he can — who 
repeatedly fired at a man who was trying to untie 
the boat so the unarmed men could escape. 

"Counsel said that if there was any intention to 
start trouble men would not have lined up as they 
were on the dock in an exposed position. And I ask 
you, if there was not an intention to start trouble 
why were they kept in the warehouse until the boat 
had almost tied up? If that was not an ambuscade, 
what on earth was it? If they did not intend to 
start trouble why was it McRae waited until the line 
was out and made fast. Why was it, then, he did 
not say to the captain, *Take your boat out?' He said 
he was afraid they would go somewhere else. Well, 
when he told those boys they could not land he ex- 
pected them to go away. Or did he expect them to 
go away? Which was it? 

"The manner in which McRae handled this thing 
indicates nothing so much as that he intended to get 
them there and administer to them another of the 
things that he calls a lesson, another of the things 
that other people call infamous, damnable brutality. 

"Counsel says there have been mistakes made. 
He doesn't want to apologize for them, but clearly 
he doesn't want to be held responsible for them. 


There were mistakes made. Beverly was one ! The 
"Wanderer" was one! From the beginning to the 
end of all their operations in Everett everything has 
been a mistake — a mistake because the ordinary 
processes of law and the rights of other people were 
ignored. There was no ordinance prohibiting speak- 
ing. The boys were yielding implicit, careful obedi- 
ence to such law as there was. McRae unblushingly 
tells you that the reason he made arrests was be- 
cause there were labor troubles in Everett and the 
shingle mill owners didn't want things embarrassed 
by the truth, by the disclosures contained in this little 
report of the Industrial Relations Commission. 

"They were not afraid of the I. W. W.'s going up 
there to incite violence, to advise disorder, to invoke 
a reign of terror. Reigns of terror are the employers' 
specialty! They were afraid of cold fact. Never a 
man went up there to speak on the street and used 
that little Industrial Relations report but was thrown 
in jail for it — Thompson, Rowan, Feinberg, Roberts, 

"It's nice to enjoy the powers, the position and 
authority of a dictator who can repeal, amend and 
modify, ignore, disregard laws when it suits his 
fancy, but it's kind of tough on other people. That's 
what McRae did! 

"On the 5th of March, nearly nine weeks ago. 
His Honor called this case from his bench *State 
versus Thomas H. Tracy,' and my friend Mr. Cooley 
rose from his chair and said *Your Honor, the State 
is ready.' I say to you, Mr. Cooley, you slandered 
the fair name of your state ! What has the State of 
Washington to do with this thing? The name of the 
State of Washington in such a case as this should 
stand for law and order and decency. The State is 
supposed to protect the innocent against abuse and 
injustice and you who are now running this case do 
not now maintain these things, or if you do, you 
protect them only when convenience requires it. 

"It is not the State of Washington versus Thomas 
H. Tracy at all, and if the decent people of Everett 
who know the facts could decide what course this 


action should take it would never be here. Even 
the title of the case is a mistake. It is the case of the 
Commercial Club of Everett, the mill ov^ners of 
Everett, against Labor. This is an attempt, just as 
all the actions for months have been an attempt, to 
keep Labor out of its rights in Everett. The same 
people who took possession of the machinery of law 
in Everett, who took possession of the sheriff and 
furnished him with guns and clubs and murderous 
things like that and instructed him how to act, the 
same people who employed detectives to set fires in 
order that they might manufacture evidence and 
public sentiment against these boys, those same 
people are today prosecuting this case. 

"I don't know where Governor Clough was on 
November 5th. I suspect he was not anywhere where 
there was any danger, but I know the smoke had not 
left the decks of the Verona before he was hot-foot- 
ing it to the telegraph office, — 'Governor Clough, not 
the prosecuting attorney, not the sheriff, nobody but 
Clough and Joe Irving, the man who was so drunk 
that he beat up Schofield, — to send a telegram to 
Judge Burke of the Chamber of Commerce of Seat- 
tle, to the Mayor of this City and to the Chief of 
Police of this City to arrest the whole bunch of 

"Then right away they got their other emissaries 
at work, Reese and Smith, down here with two 
fingers out of the door of a darkened cell, deciding 
for the State of Washington who should be prosecut- 
ed in this case, and H. D. Cooley, who surely then 
was not a prosecuting attorney, giving them legal 
counsel and directing their energy, taking out the 
men, preparing statements, and getting ready for the 
work he was going to do in this case, because his 
employers wanted it. 

"There is a conspiracy in this case, a conspiracy 
supported by evidence, a conspiracy of men in the 
Commercial Club to take over the machinery of 
government, and by it club these fellows out of 
their rights, club them out of Everett, club them out 
of all contact with the workers in order that they 


might not bring to them the gospel of their organiza- 

**But I say to you, ladies and gentlemen of the 
jury, that th,is 'struggle, the struggle of Capital 
against Labor, the struggle of the Commercial Club 
against the I. W. W., which is just one phase of the 
bigger one, this struggle is going on in spite of Coo- 
ley, this struggle is going on in spite of McLaren, 
this struggle is going on in spite of Arthur L. Veitch 
of the Merchants' and Manufacturers' Association, 
this struggle is going on in spite of McRae, this strug- 
gle is going on in spite of the Commercial Club, be- 
cause it is founded on a principle so big, so whole- 
some, and so decent, so righteous, that it must live. 
And it will go on until in this country we have indus- 
trially that which we have struggled so long and 
hard for and finally won politically; until we have 

*'There is nothing in revolution, gentlemen, that 
is wrong. We came to the condition in which we now 
find ourselves by revolution ; first the grand Ameri- 
can revolution and then the revolution against chat- 
tel slavery. It was nothing more nor less than revolu- 
tion, because slavery was then entrenched under the 
highest law of the land, the decision of the Supreme 
Court in the Dred Scott case. We took it out of the 
courts and slavery was wiped out. Slavery again 
will be wiped out! 

*'The thing about this case which makes it of 
most serious importance, the thing about this case 
which makes it of public interest, the thing about 
this case which has so enlisted the sympathy of 
every one connected with it, which makes us feel the 
importance of a just verdict, is that it is not merely 
the liberty of a man that is at stake, but in a larger 
measure than you know there is at stake in your 
verdict in this case the rights of the working people, 
their right to organize, their right to protect them- 
selves, their right to receive and enjoy the fruits of 
their labor. 

"There is involved the question of whether or not 
the working people shall receive justice or forever 


must be victimized by organized capitalists. There 
is involved the question of whether or not such things 
as have gone on in Everett for the last six months 
may continue forever with the endorsement of the 
jury or whether the working people on the other 
hand may go and discuss their wrongs and griev- 
ances and strive for their rights. 

"As I have confidence in the righteousness of this 
cause and the integrity of this purpose, so I have 
confidence that your verdict will be not guilty." 

Attorney Fred Moore closed the case for the de- 
fense with one of the greatest speeches ever deliver- 
ed in a court room, a speech that seered its way to 
the minds and hearts of the jurors. Far more than 
a defense of Thomas H. Tracy it was an explanation 
of the industrial problems underlying society, the 
class warfare rooted in industry and manifesting it- 
self on November 5th. It was a sustained and defi- 
nite statement of the aims and objects of the I. W. 
W. and Moore showed, not only a great knowledge 
of the problems of the working class, but a wonder- 
ful command of satire and irony. Following is an 
abridgement of Moore's speech to the jury: 

''May it please the court, and ladies and gentle- 
men of the jury; For a period of something like five 
hundred years the Anglo-Saxon has seen fit to place 
the final adjustment of the question of justice in the 
hands of twelve men. In the evolution of the law, 
that number has been increased until now in this 
state we have fourteen. Likewise, in the evolution 
of the law and in the face of the vast amount of pub- 
lic protest, and in the face of the most reluctant 
world, we have enlarged the term jurors to include 
women jurors. This is the first time that I personally 
have ever tried a lawsuit in which ladies sat in the 

"The state has told you why this case is one of 
grave responsibility for them. Allow me to tell you 
why this is one of grave responsibility for you. One 
hundred and ninety-six witnesses have appeared for 
the defendant in this case. Yesterday, counsel 
brought home the fact that many of these witnesses 


were not residents of this community, were without 
homes, without any permanent places of abode. All 
true. The responsibility that you have in this case is 
commensurate with the fact that the case reveals to 
you, as it were, a cross-section of our lives. You 
who are property-qualified have a responsibility to 
pass upon the liberties and the lives of a body of 
men who are propertyless. If there is any change in 
men's thoughts and views as they acquire a home, 
as they settle down, as they marry, as they bring 
into the world children, then I ask you in all fairness 
to attempt to put yourselves in the places of this de- 
fendant and of this defendant's witnesses who have 
taken the stand, and to realize that your responsibi- 
lity here is commensurate with the fact that the testi- 
mony reveals, as it were, a most deplorable condition 
of modern life. In other words, your responsibility 
here is that of measuring out absolute and complete 
justice between warring elements in our modern 
life, not for one moment allowing your judgment to 
be swerved by the fact that one class of witnesses 
here are witnesses of social position, are witnesses 
of property qualifications, are witnesses with homes, 
while, on the other hand, the witnesses called by the 
defense were witnesses from the four parts of the 
earth, witnesses whose only claim to your considera- 
tion is that they have built the railroads, that they 
have laid the ties, that they have dug the tunnels, 
that they have harvested the crops, that they have 
worked from one end of the country to the other, in 
season and out, floating from job to job. 

*'In most jurisdictions, the defendant has the op- 
portunity of either a grand jury investigation or of 
a preliminary ; in other words, he is in some degree 
advised of what evidence he is going to be called 
upon to meet. In this case, we came in here on the 
5th day of March with no information whatsoever 
relative to the State's case other than that given us 
from the four corners of the instrument on file here, 
known as the information, together with the fact 
that on that information there were the names of 
some three hundred or more witnesses. That was all 


we had. We were further handicapped in view of 
the fact that we did not have behind us all the re- 
sources of the State of Washington and the county of 
Snohomish, neither did we have behind us all of the 
resources of various business interests, neither did 
we have behind us all the resources of allied business 
on this west coast, as represented by Mr. Veitch." 

Mr. Veitch : To which I take an exception, if the 
court please. 

The Court: Exception allowed. 

Mr. Veitch: On a matter of personal privilege, 
I have a right to characterize that statement as a 
deliberate misstatement of the fact. 

Mr. Moore: Mr. Veitch has not seen fit to ex- 
plain why he was here. 

Mr. Veitch: I am employed by friends of Mr. 
Jefferson Beard. If that is not enough — 

Mr. Moore : That is outside of the record. 

The Court: Both of you are outside of the record. 
Proceed Mr. Moore. 

"Suffice it to say that we are here as the frank 
and honest representatives of the defendant and of 
the defendant's organization. We do not have be- 
hind us the power of the State, or the power of any 
interest other than the defendant himself and of his 

Mr. Black complained that the State had been 
hampered in this cause. Is it fair to say that the 
state has been hampered when on the fatal Novem- 
ber the 5th. Judge Bell and Mr. Cooley were both on 
the dock? Judge Bell would have us believe that he 
was unarmed, and so far as we know Mr. Cooley was 
unarmed. Then why were they on the dock? Judge 
Bell was there as the representative, as he himself 
has testified, of a number of lumber mills, and Mr. 
Cooley was there likewise ; both citizen deputies ; 
both there ; both unarmed if their testimony is to be 
believed. Again Mr. Cooley was, in the matter of a 
few hours, down here at the Seattle jail. Certainly 
he was not there to represent the defendant Tracy. 
Who was he there to represent? He was either there 
in a private capacity, representing private clients, 


or he was there in a public capacity representing a 
public client, namely, Snohomish County. Wherein 
do you find the evidence of the State being hamper- 
ed, sir? From the beginning to the end the State has 
moved majestically, exercising all the pov^er that it 
had. Mr. Black has had able assistance in this 
cause, the able assistance of Mr. Cooley, the able as- 
sistance of Mr. Veitch, the able assistance of the 
man behind Mr. Cooley and Mr. Veitch, Mr. Mc- 
Laren. Yet, all the resources of the State have failed 
to produce one scintilla of evidence against the de- 
fendant Tracy here so far as tending to indicate that 
he did counsel, aid, incite, abet, or encourage any- 
one to fire any shot, except the testimony of George 
Reese produced at the eleventh hour on rebuttal. I 
intend to treat of our friend Mr. Reese later. 

"It is significant that out of all that mass of testi- 
mony that has been introduced in this case up to 
this time not one single bit of testimony has been 
introduced or any argument had upon that testimony 
dealing with the object and principles and purpose 
of the Industrial Workers of the World. Mr. Black 
did not refer to it. Mr. Cooley has the final say. I 
anticipate his argument for the State. They have 
that old reliance, that old faith, if you will, in the 
trial of a case of this character, namely conspiracy ; 
hallowed by age. 

"Way back in the sixteenth century the tub 
women on the banks of the river Thames were in- 
dicted for conspiracy in attempting to raise wages. 
The chandlers in London were likewise later indict- 
ed. The stonebreakers in New York, the carpenters 
in Boston. From time immemorial the charge of con- 
spiracy has been leveled against the ranks of labor. 
Indeed, it was only in the reign of Queen Victoria 
that labor unions became other than simple conspira- 
cies. Up to that time labor unions were within a 
classification themselves of criminal conspiracy. 

"Knowing that under the charge contained in the 
information we might be called upon to meet evi- 
dence of conspiracy, we then commenced a careful 
survey of all the facts in connection with the Everett 


tragedy. And what did we find? We found not a 
hint of conspiracy ! 

**James Rowan had come into Everett without 
knowledge at the time that there was any trouble 
there. He had not been advised that there was any 
possibility of trouble. From all the prior history of 
Everett he had no reason to anticipate trouble. 
Thompson had spoken there and many others had 
spoken there. Rowan was charged with a violation 
of the peddling ordinance. He had been given an 
arbitrary floater out of town and had exercised his 
right to come back, was seized again and taken to 
the city jail ; the sheriff goes there and arbitrarily 
demands Rowan from the Chief of Police. These 
things happened prior to any acts that by any re- 
mote possibility could be charged to us. There was 
no literature in the town at that time other than the 
Industrial Relations report. What at that time did 
we have to conspire about? We had no object. 

**And as with Rowan so it was with Thompson, 
Remick and others. If there was a conspiracy to 
violate a city ordinance why did not the city officials 
make arrests and charge the men with such viola- 
tions? The record is silent. Why wait until Tom 
Tracy is on trial for murder, and then at the eleventh 
hour spring this delightfully specious argument? 

'*I can almost hear ringing in my ears the impas- 
sioned plea of Mr. Cooley in closing this case. He is 
going to read this,The question of 'right' and 'wrong' 
does not concern us.' He is going to say that is the 
I. W. W. philosophy. My God, did it ever concern 
the sheriff of Snohomish County? Does it seem very 
much to concern others who are attempting this pro- 

''We were told in connection with the argument 
of counsel that Hickey was not on trial. They might 
have said that sheriff McRae was not on trial ; they 
might have said that Bill Pabst was not on trial ; they 
might have said that Joe Irving was not on trial; 
they might have said that the Commercial Club was 
not on trial; they might have said that all the men 
that have been guilty of all the brutality in that 


County during the months of August, September and 
October were not on trial. We know it! Why are 
they not on trail ? 

^'Deprivation of due process of law and confisca- 
tion of property ! And yet Mr. Cooley is going to urge 
that the I. W. W. does not believe in government; 
he is going to urge that the I. W. W. does not respect 
the law. That kind of law never gets the respect of 
anyone. I hang my head in shame before such a 
history of usurpation and seizure of public authority 
as has been shown in this case. 

**Are jou going to give the stamp of your ap- 
proval to this sort of thing? When you bring in a 
verdict in this case for the State you give your ap- 
proval to Donald McRae. I beg of you to not put the 
seal of your approval upon lawlessness, official law- 
lessness, the kind of lawlessness that is worse, ten- 
fold worse, than any private lawlessness. 

"You are asked to stamp with your endorsement, 
to give your approval, to a man; a public official, the 
chief executive officer of a municipality, Mayor Mer- 
rill, who admits on the witness stand that he allowed 
a little group of members of the Commercial Club to 
take the power of the police department out of his 
office and turn it over to the sheriff of the county. 

"Had the State put on Governor Clough and oth- 
ers on their side of the case we might have wrung 
from their reluctant lips the evidence of what oc- 
curred at the meeting on August 30th at the Com- 
mercial Club. But the State was careful not to put 
him on. Indeed, the most significant and outstanding 
thing in all this case is not who they put on, but who 
they did not put on. Neil Jamison did not testify in 
this case for the State ; Governor Clough did not 
testify in this case for the State ; Joe Irving did not 
testify in this case; Colonel Hartley did not testify 
in this case ; Captain Ramwell did not testify. Why 
didn't Kelly, Chief of Police, take the stand? You 
might go down the line and you will find that the 
assets of all the witnesses for the State combined 
would total but a few thousand dollars, while you 
could take the remaining witnesses for the State who 


did not testify and you could build up an enormous 
fortune, running into the hundreds of thousands of 
dollars. We didn't call them because we cannot 
cross-examine our own witnesses. 

"Is the administration of the law to be made a 
farce? Shall the State be allowed to blow hot and 
cold ; one minute hot on the enforcement of the law, 
the next minute cold when the shoe pinches, and then 
hot again when they can use the law for the ad- 
vancement of the interests of their prosecution? 
They say McRae and Hickey are not on trial ; there 
is no promise that they shall ever be on trial ! 

"Let me say to you that no one violates the law, 
I care not who it is, just for the fun of violating the 
law. Jails are not pleasant places to abide in. Peo- 
ple who violate the law and go to jail do so either 
because they are deliberately criminal or because 
they want to focus attention on some public issue. 
However, Mr. Black is too kind and considerate 
when he gives all this credit to the I. W. W. 

"The facts are, if you go back into the history of 
the Revolutionary Days, that our forefathers urged 
and banded together and combined and federated, 
and if you will, conspired to violate the Stamp Act of 
the British Government, and were willing to go to 
jail if necessary. They went even further! They 
threw the British tea into Boston Harbor. Violation 
of the law? Yes, if you want to call it such, but the 
indignant protest of a people as against the enforce- 
ment of an unjust law. 

"I might urge upon you that the State at that 
time wanted to absolutely suppress any speech what- 
soever, because they had constituted the chief of po- 
lice, the sheriff, the arresting officer, as the executive, 
the legislative and the judicial department of our 
government. The sheriff executed the law in person, 
the sheriff declared the question of guilt himself, the 
sheriff ordered deportations, and the sheriff took 
physical charge of the deportations. Isn't it impos- 
sible to avoid a fight when someone usurps unlaw- 
fully and illegally the legislative and judicial func- 
tions of government? Isn't it time to fight? If it isn't 


then we may as well cease any attempt to adminis- 
trate the law! 

"In the phraseology of these boys 'Fight' means 
a moral adherence to principle, a firm determination 
to face the authorities in the administration of the 
law, and if necessary to be arrested. But the State 
would have you put into it now a more sinister mean- 
ing, entirely new and foreign to its former use. 

**The State brought in the death of Sullivan of 
Spokane in their opening and abandoned it in their 
close. One of the exploded hopes of the State ! They 
counted on North Yakima and Wenatchee to show 
violence and arson, and they failed most miserably. 
They have failed in their identification of the de- 
fendant. Now, their folorn and bankrupt plea here 
is the charge of conspiracy. 

"The court has told you that this is a murder 
case. Why then has the State cumbered the record 
with the I. W. W. preamble and constitution? Why 
with two pamphlets on sabotage? Why with an I. 
W. W. song book and such matters? Why? 

"Because out of some of the phraseology here, 
phraseology far removed from you and me, they may 
build up a condition of prejudice which may result 
in your returning a conviction on a smaller degree 
of evidence than you would otherwise require. Mr. 
Cooley is going to stand here and read little, 
short, listed extracts from the context of the whole. 
The pamphlets he has introduced on the question of 
patriotism and the worker is the foundation from 
which Mr. Cooley will appeal to your prejudices and 

"We are not afraid of the evidence. We are 
afraid of this deep-grained interest that goes down 
into men's conscience and that reached back a thous- 
and years. 

"Remember that behind this case are many wo- 
men and children whose cause these boys represent ; 
whose cause these boys are attempting to fight for. 
They fight because they must! They fight because 
to do anything else is suicide. You could not have 
stopped the American Revolution with all the pow- 


ers of the British government. Since this jury was 
empaneled you have had the collapse of one of the 
greatest powers of modern times. I refer to Russia. 
It has passed from an absolute monarchy to a stage 
of a republic. 

"The trial of this cause is the presentation of a 
great social issue, the greatest issue of modern times, 
namely, what are we going to do today with the 
migratory and occasional workers? These migrat- 
ories, they are the boys who have told their story on 
the stand. 

**If there is one principle that is ground into 
Angle-Saxon thought it is that of liberty of the press 
and freedom of speech. Those two things stand as 
the bulwark of our liberty. They are the things for 
which the Anglo-Saxon has fought from time im- 
memorial. Away back in the eighteenth century 
Charles Erskine, a member of the British bar, de- 
fended Thomas Paine for having written the ^Rights 
of Man'. Case after case was fought out during that 
period when English thought was budding into frui- 
tion ; when English thought was being tremendously 
influenced by the French Revolution and when those 
thoughts were bearing fruit in England. Time and 
time again the British crown attempted to throttle 
freedom of speech and liberty of the press. Time 
and time again Charles Erskine's voice was raised in 
the House of Lords in protest. Time and time again 
the British courts and finally the British jurors, gave 
voice to the doctrine that freedom of speech and li- 
berty of the press may not be invaded except insofar 
as that subject, that document, is accompanied with 
acts; that you may not convict men for what they 
think ; you may convict men only for what they do. 
Freedom of discussion thru the press and thru the 
public forum are the mainstay and the backbone of 
social development and social evolution. Only in that 
way, thru freedom of thought and freedom of dis- 
cussion, may you fan the wheat from the chaff. 

"Why, if this I. W. W. literature is all the State 
claims it is, why doesn't the State act in the way the 
law says they should act, prefer charges, arrest 


someone, bring the literature before a duly qualified 
body, a court with jurisdiction, and try the matter 
out? The State has not done that; the State will not 
do that; and we are in the position of a man fighting 
in the dark, without knowledge of what character of 
argument the State proposes to make. 

"I do know that the name of Joe Hill is going to 
be paraded in front of this jury. The I. W. W. song 
book dedicated to Joe Hill, with the inscription 
'Murdered by the authorities of the State of Utah, 
November 19th, 1915.' I cannot go into the condi- 
tions that surround that tragedy, but I can call your 
attention to one or two things that bear upon the 
question of the type of the man. Before he died, 
written in his cell on the eve of the execution, was 
Joe Hill's last will : 

My will is easy to decide. 

For there is nothing to divide. 

My kin don't need to fuss and moan — 

Moss does not cling to a rolling stone. 

My body? Ah, if I could choose, 
I would to ashes it reduce. 
And let the merry breezes blow 
My dust to where some flowers grow. 

Perhaps some fading flower then 
Would come to life and bloom again. 
This is my last and final will. 
Good luck to all of you, JOE HILL. 

"This is the type of man you are asked, because 
he was honored, because some odd hundred thousand 
workers who suffer and who wander and who live in 
the jungles of labor as he did, and because he wrote 
songs that they understood, songs that because their 
songs, to judge as the author of the songs and bring 
in a verdict against Tom Tracy. Mr. Cooley will 
parade the songs one by one. Remember that behind 
any words he voices, any thought he expresses, be- 
hind it all was a human soul, a human soul passed, 
a human soul that lived as you and I. a human soul 


that had rights that had been trampled Upon, and 
who attempted to voice those things. 

*'With all the oratory he can display Mr. Cooley 
will read the song, 'Christians at War.' A song that 
Mr. Thompson designated as a satire. You recollect 
that when the European war broke out both parties 
in that conflict called to their aid and said they were 
acting under divine guidance; that the Kaiser was 
fighting under the name of God, and that the British 
and French governments were allied with the Al- 
mighty. It is not for me to attempt a settlement of 
that dispute. History will say that of all the tra- 
gedies of the Twentieth Century, the most tragic 
thing of our modern life is that we of different na- 
tionalities, but bound together by all other ties, 
should be engaged in a death grapple. But that 
is not the issue here. But I cannot at this time anti- 
cipate wherein and how this literature presented by 
the State helps you to decide the question of who 
was the aggressor on November 5th. 

**Who was the aggressor on July 31st when 
James Rowan was arrested and brought into the 
city court? McRae comes in and tells him to get out 
of town. An intervening series of events and Levi 
Remick is run out of town. Who was the aggressor? 
Sheriff McRae ! On August 22nd Rowan and Remick 
were both in the union hall. McRae comes in and 
orders them out of town. Who was the aggressor? 
That night Thompson and others came up to Everett 
— who was the aggressor then ? Next morning, with 
Kelly treating them half way white, along comes 
McRae and takes away one of the boy's money. Who 
was the aggresser? We come now to the deputies 
meeting at the Commercial Club on August 30th. 
Who was the aggressor? Had any of their members 
been beaten up? Had anything happened to their 
members whatsoever? Not at all! Yet murderous 
blackjacks were put into the hands of the member- 
ship of the club. Was James Rowan the aggressor 
when he was railroaded out of town and beaten? 
Who was the aggressor at the time of the 'Wanderer' 
outrage? Old Capt. Mitten, old John Berg, Edith 


Frenette? Who was the aggressor with Henig? 
With Feinberg? With Roberts? You have the testi- 
mony of Cannow, you have the testimony of Scho- 
field, you have testimony showing the instructions 
given to the deputies. No one denies it Here is a 
series of acts leading up to October 30th, in which on 
each and every occasion McRae and his deputies, 
either regular or citizen deputies, were the aggres- 
sors. I said, who were the aggressors? Is there any 
question in your mind who was the aggressor up to 
Beverly Park? Any question in God's world who had 
done the dirty work up to that time? The State 
would have you believe that the I. W. W., with its 
membership coming from the four corners of the 
country, changed complexion practically over night, 
changed their whole ideas and their methods. I do 
not believe it and you do not believe it. 

'The excuse the State gives for the actions of 
the deputies is that in the case of large numbers they 
could not give due process of law. Gentlemen, I re- 
fuse to believe that the Government is bankrupt in 
its capacity to protect itself thru legal and lawful 
measures of law enforcement. I have yet to sit in a 
court room and hear a plea on social and govern- 
mental bankrupcy such as is the plea of counsel for 
the State. 

**The machinery of the government was there but 
it was not the kind of machinery that McRae wanted 
to use. It was not the kind Clough wanted to use. It 
was not the kind of machinery the executive com- 
mittee, whoever they were, sitting behind the closed 
doors of the Commercial Club, wanted to use. 

*'And these members and leaders of the Com- 
mercial Club passed resolutions stigmatizing their 
own citizens, member of their own community, pro- 
perty owners in their own town, as well as the I. W. 
W., when they declared for an open shop. How do 
they stigmatize them? 'Professional agitators!' Yes. 
Lloyd Garrison was a professional agitator. Wendell 
Phillips was a professional agitator. The men who 
fought the battle that lay the ground work that made 
Abraham Lincoln possible, the men who are at work 


to better American politics, those men have all been 
professional agitators. 

"Now on the boat they were ninety-nine percent 
I. W. W.'s, just a few passengers had bought their 
passage before. On the dock they were all citizen 
deputies, persons interested therein, and persons sa- 
tisfactory to the men who had been stationed there to 
see that nobody but the right ones got on the dock. 
That means that as far as the first shot was concern- 
ed the two classes of witnesses are in some degree 
interested parties. The State put on a total of twenty- 
two witnesses, one of them hot a deputy, all of 
whom testified that the shot came, or they thought it 
came from the dock, and of that number thirty- 
seven were I. W. W.'s, and twenty-four were not 
members at all but were Everett people from all 
walks of life. 

**Now counsel is going to discount the value of 
the testimony of these citizens. Well, Mr. Cooley, 
we used the only kind of witnesses that you, in all of 
your care exercised in advance on November 5th, left 
for us. In the exercise of the hightest degree of ju- 
dicial advance knowledge they saw to it that no- 
body got any closer to the end of the dock than the 
landing. We could not help that. You barred us 
from the dock; you barred us from access to the 
facts. We did all we could to get the facts, and if 
we couldn't get any closer it was not our fault. And 
the man who barred us from access to the facts is 
the man who is least qualified to come into court 
now and urge that our witnesses are disqualified in 
the face of the evidence that they disqualified them. 
But those witnesses could testify, and they did tes- 
tify, to the very definite and specific facts — the first 
tipping of the boat, the rushing of the men, the volley 
firing, all of those matters. 

*'At the eleventh hour there came into this case 
a man by the name of Reese, a member, if you v/ill, 
of the I. W. W. Back in the Chicago stockyards they 
have a large pen where they keep the cattle which 
are to be driven to slaughter. In that place they have 
had for years a steer that has performed the function 


of going into the big pen where all the cattle are, 
and, after mingling with them, then walking out 
thru a gate. He is trained to do it, he is skilled at 
it, this steer — and after walking around with the 
poor peaceful cattle that don't know they are about 
to be killed, this steer then goes up an incline, the 
gate is opened and the other cattle follow, and when 
he gets to the top of the incline there is a door and 
he turns to the right thru this door to safety and his 
followers turn to the left to death. That's George 
Reese! Proud of him? George Reese, the man who 
reported day by day with his confederates! To 
whom? During one period to the Pinkerton agency 
in regard to the longshormen's union ; during another 
period on behalf of the Pinkerton Agency to the 
Commercial Club in Everett. George Reese ! A man 
who doesn't even come under the approximately 
dignified title of a detective; a man whom Ahern,'of 
his own agency says, "Well, h6 wasn't a detective, 
we used him as an informer.' Informer! A human 
being that has lost its human color. 

"In connection with the testimony of Reese let 
me call your attention to the Industrial Relations 
Commission Report, a report that our friends of the 
Commercial Club had read and knew all about: 

" *Spies in the Union : If the secret agents of em- 
ployers, working as members of labor unions, do not 
always instigate acts of violence, they frequently 
encourage them. If they did not they would not be 
performing the duties for which they are paid. If 
they find that labor unions never discuss acts of viol- 
ence they have nothing to report to those employing 
them. If they do not report matters which the de- 
tective agencies employing them can use to frighten 
the corporation to cause their employment, they can- 
not continue long as spies. Either they must make re- 
ports that are false, in which case discovery would 
be inevitable, or they must create a basis on which 
to make a truthful report. The union spy is not in 
business to protect the community. He has little re- 
spect for the law, civil or moral. Men of character 
do not engage in such work, and it follows that the 


men who do are, as a rule, devoid of principle and 
ready to go to almost any extreme to please those 
who employ them/ 

"That is the descriptive adjective, definition and 
analysis of the character of union informants made 
by the National Industrial Commission, appointed by 
President Wilson, and composed of nine men, all 
men of national standing, three representatives of 
labor, three representatives of capital and three 
representatives of the general public. That is their 
definition, description and classification of that char- 
acter of testimony. 

**Mr. Vanderveer closed yesterday by saying that 
this struggle, whatever your verdict is, will win. If 
yours is a verdict of 'not guilty,' Tom Tracy must 
take up again the job of finding a job, the endless 
tragedy of marching from job to job, without home, 
wife or kindred. His offense consists of being a 
migratory worker. I beg of you to render a verdict 
that has due regard and consideration for the tra- 
gedy of our twentieth century civilization that does 
not as yet measure out economic justice. 

"Your verdict means much. The wires tonight 
will carry the word all over this land, into Australia, 
New Zealand and thruout the world. Your verdict 
means much to the workers, their mothers, their chil- 
dren, who are interested in this great struggle. We 
are not in this courtroom as the representatives of 
one person, two persons or three persons ; our clients 
run into five or six hundred thousand. We are here 
as the mouthpiece of the workers of America, or- 
ganized and unorganized, and they are all behind 
our voices. 

"Tom Tracy stands here in your control. Your are 
the ones to determine whether or not he shall walk 
out free, whether or not he shall be branded for all 
times with the most serious felony known to the law, 
namely, that of a murderer. Can you find it in the 
evidence to bring in a verdict of guilty in this case ? 

"In conclusion, ladies and gentlemen, we want 
no compromise here. When you retire to your jury 
room I beg of you not to compromise with any ver- 


diet other than not guilty. We don't want man- 
slaughter in this case, we don't want second degree 
murder in this case ; it is either first degree murder 
or an acquittal, one or the other. Allow none of 
those arguments that we, as lawyers, know are made 
in the juryroom to influence your honest verdict in 
this case. We ask at your hands, and we believe with 
all .the sincerity of our souls, that the evidence war- 
rants it, we ask a verdict of not guilty for the de- 
fendant, Thomas H. Tracy!" 

If the speech of prosecutor Black was a whine, 
that of prosecutor Cooley was a yelp and a snarl. 
Apologies, stale jokes, and sneers at the propertyless 
workers followed one another in close succession. 
The gist of his harangue was as follows: 

"In this case I am going to try simply in the 
closing argument to select a few of the monuments 
that it seems to me stand out in this case and that 
point a way to a proper verdict. 

*'Now, in the first place, a whole lot has been said 
here as to the nature of the controversy that existed 
for a number of months before November the 5th, 
1916, between two classes of individuals there at 
Everett. Upon the one side were the people who 
were living in the city of Everett, who had made 
their homes there, who had come there for the 
purpose of carrying out their future destiny in that 
city. It was their home. Their interests were there. 
Their families were there. And upon the other side 
were a class of people who did not claim Everett as 
their home, who did not come there for the purpose 
of amalgamating with the citizenship of the city of 
Everett. They were not coming there because they 
had work there, nor because they were seeking 
work there; they were not citizens of Everett, nor 
were they seeking to become citizens of Everett, and 
there arose a controversy between the citizens of 
Everett on the one hand and these people from the 
four corners of the earth upon the other. The first 
thing we want to inquire into to find out if we can 
from the testimony in this case exactly what was the 
nature of that trouble that existed between them. 


Why was it that upon the one hand there was a band 
of people congregated down here in the city of 
Seattle from all over the land and making one ex- 
cursion after another, attempting to break into the 
city of Everett? Why was it that there were citiz- 
ens of Everett up there seeking to do only one thing, 
asking only one thing, that these people keep away 
from Everett? 

*'Was it a fight to win the right of free speech 
on the one hand? Was it a fight on the other hand 
of a group of individuals who were simply seeking 
to force the open shop ? Or was it a fight of a more 
serious nature on either hand? 

"I grant you' that the origin of the trouble arose 
because a man was seeking to speak upon the streets 
of Everett and he was stopped. But long before No- 
vember 5th that original incident was lost sight of 
and forgotten. The controversy had grown to a 
magnitude that overshadowed the original incident. 
It was necessary in order that you might understand 
the situation with which the people of Everett were 
confronted that you should be apprised of the nature 
of the organization to which those people belong, 
that you should be apprised of the nature of the 
place in the world that they had attained, and that 
you should be apprised of the nature of their pro- 
paganda that they were seeking to inject into the 
city of Everett and that locality. 

**I want to say right here and now that I have 
the highest regard for organized labor. Labor has 
the right to organize. There is not any question 
about it; there is not any dispute about it. Labor has 
organized and it has made a manful fight, and all 
down the pages of history you will find that labor, 
thru its organization and thru its lawful methods 
pursued under its organization, has gradually bet- 
tered its condition. 

"It is not a question, and never has been in this 
case, as to the right of the labor men to organize ; 
the right of the laboring man to use all of the law- 
ful methods for the purpose of bettering his condi- 
tion. The question in this case is as to whether any 


organization, whether it be a labor organization or 
any other, has the right to use unlawful methods; 
whether it has the right, because it may have the 
power, to use unlawful methods. 

"Now there were coming into the city of Everett 
people representing this organization known as the 
Industrial Workers of the World. What was the 
propaganda that they were seeking to introduce 
there ? They put upon the stand their chief exponent 
in this part of the country, to tell you what their 
purpose was in coming to the city of Everett, and 
what the doctrines were that they were teaching to 
the people that congregated there in the city of 
Everett. Mr. Thompson was upon the stand for 
about two days, and he delivered to this jury a 
lecture, which he says was a resume of three lectures 
that he gave up there in the city of Everett. He was 
asked whether or not he talked on sabotage and he 
told you what he had to say about it. He said 
sabotage was 'a conscious withdrawal of efficiency, 
a folding of the arms.' But Thompson says it is 
never the destruction of property, and yet the organ- 
ization that sends him out to talk on sabotage puts 
out right along with him the literature that has been 
adopted by the I. W. W. as a part of their propa- 
ganda, defining what sabotage really is and it gives 
the lie to Mr. Thompson. It may mean working 
slow ; it may mean poor work ; it may mean folding 
of arms; it may mean conscious withdrawal of effi- 
ciency. So far sabotage is legal and anyone has a 
right to use it. But it may mean the spoiling of a 
finished product, it may mean the destruction of 
parts of machinery, it is the destruction of property. 
'Sabotage is a direct application of the idea that 
property has no rights that its creators are bound to 
respect.' It does not say that certain kinds of pro- 
perty has no rights, but that there is no property 
that has any rights that are bound to be respected. 
But Thompson says that is not sabotage. 

''Sabotage is what? Where is that old song 
book? Let us see whether it means simply the fold- 
ing of the arms. (Cooley dived into a mass of pam- 


phlets, but being unable to locate the song book he 
came up with Elizabeth Gurley Flynn's pamphlet 
on Sabotage, reading from it as follows:) 'Sabot- 
age itself is not clearly defined. Sabotage is as 
broad and changing as industry, as flexible as the 
imagination and passions of humanity/ Why, if it 
consisted simply of a folding of the arms, if it con- 
sisted simply of the withdrawal of efficiency, there 
would not be much flexibility to it, would there, and 
the passions of humanity would have nothing to do 
with it? That language means that sabotage means 
anything that the imagination can devise and the 
passions of men adopt, if they had the power to use 
it and get away with it. Oh, it is not wrong! No 
matter what form it takes it is not wrong, because 
they say so in their official publication. 'The tactics 
used are determined solely by the power of the or- 
ganization to make good in their use. The question 
of 'right' and 'wrong' does not concern us.* Put the 
two together. Legality and illegality, those terms 
have no meaning to a man of the Industrial Workers 
of the World. Why? Because there is no law that 
they are bound to respect except the law that is made 
by them in their own union hall. It is in the song 
book, 'Make your laws in the union hall, the rest can 
go to hell.' That is the class of people that we had to 
deal with, who were coming there to Everett. 

"In Spokane there were twelve hundred convic- 
tions upon a valid ordinance, and yet, after they had 
convicted a hundred of them they didn't stop com- 
ing, and two hundred, and two hundred and fifty, 
and five hundred, and they continued coming there 
until the city jail of the city of Spokane was filled, 
until the county jail of Spokane county was filled, 
until an old deserted school house was filled, and 
then until an army post jail was filled. A species of 
sabotage ! They weren't willing to accept the verdict 
of one jury, or ten juries, or of a hundred juries, 
that they were violating the law. They had made 
their laws in their union halls and they were going 
to speak at a certain place, upon a certain street of 
Spokane ; and they were going to compel the citiz- 


ens of Spokane to let them speak when they pleased, 
where they pleased, and say what they pleased ; and 
they kept it up until after Spokane had the expense 
of a thousand trials and had upon its hands a thous- 
and defendants it began to think it had better yield 
and let them speak when they pleased, where they 
pleased and say what they pleased. And Spokane 
was licked! 

*ls it any wonder that the citizens of Everett 
said 'If you have no regard for law we will meet 
you on your own ground; we are not going to be 
bankrupted ; we are not going to be hammered into 
defeat as they were in Spokane ; we are not going to 
have you sabotage us in that manner by your num- 
bers; we are not going to have your people coming 
from the Dakotas, from Montana, from Oregon, and 
from all over the various parts of the state of Wash- 
ington, and camping down on us until we surrender 
to you. We are going to keep you out of here.' Now, 
that may not have been strictly legal, but it was 
human nature. 

**There is not hint anywhere in the argument of 
either counsel for the defense in this case as to what 
was ever done in the city of Everett by the I. W. W. 
that would constitute new methods and new tac- 
tics. Do you remember the testimony over a period 
of time there before Labor Day that they allowed 
them to speak without interference and a meeting 
was held there and every time they went up with a 
chip on their shoulder and were not satisfied when 
no one interfered with them. When they were there 
speaking on the corner of Hewitt and Wetmore 
somebody was going around the city of Everett dis- 
tributing a nasty stinking chemical in the theater 
building, into the store buildings, into the business 
houses, into the automobiles. And the paper in the 
next issue gloats over it and intimates that the reason 
the officers did not arrest Feinberg was because 
they were evidently too busy chasing a cat of malo- 
dorous tendencies. When Thompson was upon the 
stand and was being questioned about sabotage and 
about cats; he could tell you what a cat was, he got 
a bit halting in his speech when he was asked what 


it meant when they said that the claws of the cat 
had been sharpened, when he was asked what a 
'sabcat' meant, but when he was asked as to what a 
cat of 'malodorous tendencies' was he said he didn't 
know unless it was a skunk. But by that was meant 
that the skunk accomplishes sabotage. You never 
heard of a skunk that did sabotage by simply a with- 
drawal of efficiency, never ! 

**Now as to incendiary and phosphorous fires. 
Fire Chief Terrell tells you that up to the date of 
September 28th, the date of the first known phos- 
phorous fire in Everett, that up to that time, in all of 
his experience upon the fire force of the city of 
Everett, it never had come to his knowledge or ob- 
servation in any way that a phosphorous fire had 
ever occurred in the city. It occurred there, known 
to be a phosphorous fire, and within a period of two 
months at least two other fires occurred, mysterious, 
the origin unknown because the fire had progressed 
to such an extent that no one could tell how it did 

Mr. Vanderveer: Didn't your detective go to 
work September 21st? 

Mr. Cooley: Yes sir, he did. 

**And they would have you believe that the de- 
tective was up there setting those fires. That, I 
know, is an insinuation not supported by any evi- 
dence in this case, and the detective wasn't working 
up there, he was operating down here in the city 
of Seattle. He was sending his reports to Blain be- 
fore the Wanderer started out, before the men 
started out on October 30th, and that goes a good 
way to explain how it happened how these people 
were met on these different excursions and were 
not permitted to come within the city of Everett. 
They were trying to get into the city of Everett, to 
use their own judgment, to act on their own initia- 
tive, according to instructions that had gone out. And 
the officers stopped the thing before it started. 

"What were they coming to Everett for, these 
forty-one men who were met? Were they coming 
to hold a street meeting? Forty-one men, enthused 


with the enthusiasm of the belief in their grand and 
glorious doctrine that they are teaching, forty-one 
men starting out as crusaders to carry the gospel of 
their organization to the benighted of Everett, forty- 
one going up there to be martyrs, to be beaten for 
the cause, and nothing else ! 

"I have told of the tactics and methods advo- 
cated, used and encouraged, by this peculiar, parti- 
cular organization, so you can judge the character, 
purpose and intentions of the individuals that were 
seeking from time to time to force themselves into 
the city of Everett, in order that you may judge the 
two hundrd and sixty that left on the Verona on 
November the 5th. 

**But there is another matter you should likewise 
take into consideration in determining the character 
of the individuals of that crowd. Regardless of all 
environment, regardless of the effect of all legisla- 
tion, regardless of all social conditions, men are 
born — not all with the same propensities, not all 
with the same natural ambitions, not all with the 
same qualifications, and out of the entire mass of 
humanity there is a certain percentage that were 
born without any ambition, born without any in- 
centive; they go thru life without any incentive, 
constantly tired. Now I am not here to say that all 
the I. W. W.'s are that kind of people. I am not here 
to say that because a man is a member of the I. W. 
W. he is a tramp or a hobo. But there is a class that 
has been recognized in this country ever since the 
country existed, a class that don't want to work, 
that would not work if you gave them an opportun- 
ity. These are a percentage, I don't know how 
large, and I say that every one of these people are 
members of the I. W. W. organization or should 
be. Why? Well, in the first place, you don't have to 
show any qualification for any line of work. You 
don't have to make proof of anything whatever to 
become a member of that organization. And is there 
any inducement for a man who has been drifting 
here and there, walking the ties, counting the mile 
posts as he walks from one place to another, to join 


that organization? It gives him a pass upon every 
freight train that travels the length and breadth of 
the land. One of the best inducements in the world. 

*'There is another class of people in this country 
that are born with criminal instincts implanted in 
their very natures; they are scattered all over this 
land and we have them with us and we will always 
have them with us. There are men who are driven 
to crime thru misfortune ; there are men who 
commit crime under the influence of environment; 
but there is a percentage of men who are habitual, 
natural and instinctive criminals. Now I don't say 
that because a man is a member of the I. W. W. 
he is necessarily and instinctively a criminal, but I 
do say that every habitual, instinctive criminal, who 
knows that he intends to violate the law upon every 
opportunity to satisfy his own criminal desire, has 
every inducement to become a member of that or- 

"There are a few uncontested and undisputed 
facts in connection with the occurrence at the dock. 
Jefferson Beard was killed on that dock. No doubt 
about that! The defendant was on the boat. No 
question about that! There is no question that the 
conversation between McRae and the people on the 
boat occurred substantially in the language that 
you have heard repeated here by witnesses for the 
State and for the defense, all agreeing that the con- 
versation preceded the shooting. There is no dispute 
that McRae turned partially away from the boat 
and that one of the first three shots fired hit McRae 
while he was turning. The burden of the whole 
argument of the defense was that when somebody 
on the boat saw McRae put his hand on his gun he 
was justified in shooting. It is not material whether 
Tracy shot Jefferson Beard or somebody else. It is 
not material whether Tracy firmed a gun or not, pro- 
vided the evidence in this case satisfies you beyond 
a reasonable doubt that Tracy was a party to the 
conspiracy to go up to the city of Everett to violate 
an ordinance of the city of Everett. 

"But have you any doubt that Tracy was seen 


on the boat? Hogan saw the window and he saw a 
man with his face at the window shooting in his 
direction. Hogan wasn't thinking of the exact angle 
at which the boat was standing to the dock, but he 
knows he was standing at such an angle to the boat 
that he could see a man in a certain place on the 
boat. And he testified he did see him. 

"It wasn't Thomas Tracy that was looking out of 
that window, it was Martin. It wasn't Thomas Tracy 
dressed for the occasion, it wasn't Thomas Tracy 
shaven for a picnic, it wasn't Thomas Tracy wearing 
a Sunday countenance, it wasn't Thomas Tracy 
gazing placidly out of a mild blue eye ! It was 
Thomas Tracy, alias Martin, with his face drawn 
down into a scowl of hatred, with his eyebrows 
lowering over his eyes, gazing at John flogan, not 
only gazing at him thru a window, but gazing at him 
over a gun! And if there is anything that would 
impress itself into the memory and recollection of a 
man it is the remembrance of a face filled with 
venomous hatred, the eyes shooting daggers at you 
while he is gazing at you over the muzzle of a gun 
— and you are not going to forget that! 

''Counsel for the defense says this is an important 
trial, that important questions are involved, that the 
verdict in this case will have a great deal to do with 
the ultimate future of the working man and organ- 
ized labor. I don't think that matters of that kind 
should enter the minds of the jurors in arriving at a 
verdict, but if it does, I want to supplement what 
counsel for the defense has said. I want to say that 
in my mind a verdict in this case will have much to 
do with the future success and the future advance- 
ment of honest labor in every line and in all organi- 
zations. It will have much to do with clarifying the 
situation insofar as this one organization is concern- 
ed. Every organization don't preach the doctrines 
that are preached by this organization, and if this 
jury by its verdict does not support that kind of 
method and that kind of procedure it will aid in 
purifying an organization that otherwise might do 
a world of good, but as it stands today, uttering the 


propaganda that it does, pursuing the tactics that it 
does it, is a menace not only to society, but is a menace 
to the welfare of the other labor organizations that 
believe in pursuing lawful methods, in a lawful 
manner. This is an important case in that regard. 

**I believe that it is a fortune thing that a jury 
of King County and a jury from the city of Seattle 
should have been called to try this case. The seed 
was not planted in Snohomish County! The plot 
was not hatched in Snohomish County! It was 
hatched down here in Seattle. The expedition start- 
ed out from Seattle, not this one alone but many of 
them. Seattle was the base, the enemy's base, and it 
was from here that they started. Just down here 
almost in sight of this court house is the place where 
we claim the plot was formed, and it has come back 
here, and we come into court and lay it at your feet. 
They returned here, they have brought the case here 
for trial, and we are satisfied. Now we lay it before 
you and say, — *As citizens of Seattle do justice to 
the city of Everett and Snohomish County.' " 

With these words ringing in their ears the twelve 
jurors retired for their deliberations, the court hav- 
ing entered an order discharging from further 
service the two alternate jurors, Efaw and Williams. 

Retiring shortly before noon, the jury consulted 
for nearly twenty-two hours, taking ballot after 
ballot only to find that there were some who stead- 
fastly refused to agree to any compromise verdict. 
Then, shortly after nine o'clock on May 5th, two full 
calendar months after the start of the trial and just 
six months to the day from the time of the tragedy 
of the Verona, P^oreman James R. Williams an- 
nounced the result of their deliberations, and the 
word sped out to the many hundred thousands who 
had spent an anxious and sleepless night; 

"We, the jury, find the defendant, Thomas H. 
Tracy, NOT GUILTY!" 



"I. W. W. Not Guilty!" 

In this headline the daily papers of Seattle, 
Washington, gave the findings of the jury. With an 
unbroken series of successful prosecutions of Labor 
to the credit of the Merchants and Manufacturers 
Association this, the first great victory for the work- 
ing class on the Pacific Coast, v^as a bitter pill for the 
allied employers and open shop interests to swallow. 

With Tracy freed and the I. W. W. exonerated, 
there was nothing for the Snohomish County of- 
ficials to do but to release the rest of the free speech 
prisoners. Yet the same contemptible spirit that had 
marked their actions from the very start of the 
trouble led them to hold the prisoners for several 
days and to try to make a few of the m^n think 
that there would be a trial of a second prisoner. 

Part of the men were released in Seattle and 
part in Everett. All went at once to the I. W. W. 
hall upon gaining their freedom, and from there 
nearly the whole body of released men went to 
Mount Pleasant cemetery to visit the graves of their 
dead fellow workers. 

Returning to the hall, those who had previously 
been delegates, or who had fitted themselves for 
the work while in jail, immediately took out creden- 
tials and started on an organizing campaign of the 
Northwest, with the uniting of the workers in the 
lumber industry as their main object. 

The dearth of workers due to the war, the trem- 
endous advertisement the I. W. W. had received 
because of the tragedy and the trial, and the spirit 
of mingled determination and resentment that had 
grown up in the jail, made the work easy for these 
volunteer organizers. Members joined by the dozen, 
then by the score, and finally by the hundreds. 



Gus Johnson 

Felix Baran John Looney 

Hugo Gerlot Abraham Rabinowitz 


Seattle had but two officials under pay on No- 
vember 5th — Herbert Mahler, secretary of the I. W. 
W., and J. A. MacDonald, editor of the Industrial 
Worker. By July 4th, 1917, one year from the time 
of the loggers' convention at which there were only 
half a hundred paid up members, the I. W. W. in 
Seattle had thirty people under pay, working at top 
speed to take care of the constantly increasing mem- 
bership, and preparations were under way to launch 
the greatest lumber strike ever pulled in the history 
of the industry with the eight hour day as the main 
demand. That strike in which thousands of men 
stood out for week after week in the face of persecu- 
tion of every character, in the face of raids upon 
their halls and the illegal detention of hundreds of 
members by city, county, state and federal agents, 
and in the face of deportations by mobs of lumber 
trust hirelings, deserves a volume to itself. 

This activity in the lumber industry reflected it- 
self in all other lines, particularly so in construction 
projects all over the Northwest. Demands for liter- 
taure, for speakers, for organizers, flooded the of- 
fices of the organization and many opportunities to 
organize had to be passed by simply because there 
were not enough men capable of taking up the work. 

Part of this growth was of those who had inter- 
ested themselves in the trial. Many of those who had 
gone on the witness stand for the defense afterwards 
took out membership cards in the I. W. W. The 
women of Everett, — considerably more inclined to- 
ward revolutionary ideas than the men there, by 
the way, — were among the first to ask for a "red 

Too great praise cannot be given to those who 
voluntarily gave their services to the defense and 
thus helped to bring about a verdict of acquittal. 
Thru the work of Mr. A. L. Carpenter a great deal 
of valuable information was secured and it was thru 
his efforts that Deputy Joseph Schofield was brought 
from Oregon to testify for the defense. For his activ- 
ity on behalf of organized labor Mr. Carpenter re- 
ceived the rebel's reward — he was discharged from 


his position as district manager of a large corpora- 
tion. Scores of Everett citizens gave splendid assist- 
ance to the defense, asking only that their names 
be withheld on account of the Commercial Club 

All persons directly in the employ of the defense 
proved their worth. Deserving special mention in 
their work of investigation were Rev. T. T. Edmunds, 
W. A. Loomis and John M. Foss. The Reverend Ed- 
munds, being no follower of a '*cold statistical 
Christ" and having more of humanitarianism than 
theology or current religion in his makeup, was able 
to gain information where many another investigator 
might have failed. The expert services of Loomis 
were of no less value, while the particular merit of 
the work of John Foss was that he went to Everett 
immediately after the catastrophe, at a time when 
chaos still reigned and when the blood-lust of the 
deputies had not yet completely given way to craven 
fear, and worked there night and day until a verdict 
of acquittal for his fellow workers was practically 
assured. Both as an investigator and as correspond- 
ent to the I. W. W. press, C. E. Payne, familiarly 
known as ''Stumpy," proved himself invaluable. 
Charles Ashleigh handled the publicity for the 
Everett Prisoners' Defense Committee in an able and 
efficient manner, while to Herbert Mahler credit is 
due for the careful and painstaking handling of the 
large fund raised to fight the case thru the courts. 

"Justice" is an expensive luxury in the lumber 
kingdom. Independent of the large amount of money 
spent directly by individuals and by branches of 
the I. W. W. the cost of the verdict of acquittal was 
$37,835.84. Nearly thirty-eight thousand dollars! 
Thirty-eight thousand dollars to free innocent work- 
ers from the clutches of the law! The victims in jail 
and the murderers at liberty! But then, the last 
thing expected of ''Justice" is that it be just. 

Whence came the fund that, as a token of solidar- 
ity, set, the free speech prisoners at liberty? In the 
financial statement of the Everett Prisoners Defense 
Committee it is set forth in full. Summarized, this 



report shows that Labor united in the defense of the 
prisoners, that, while this case was more largely- 
financed directly thru the I. W. W. than any other 
trial of the organization, there were many and 
generous contributions from local unions of the 
American Federation of Labor, from the Workers' 
Sick and Death Benefit Fund, from various other 
working class societies and from sources so numerous 
as to make special mention impossible. But these 
receipts varied from a dollar bill sent by "A poor 
Working Stiff" from North Bend, Oregon, to a dona- 
tion of $3.75 from the Benevolent Society for the 
Propagating of Cremation at Yonkers, New York. 

Hundreds of dollars were raised in Seattle by the 
I. W. W. thru smokers, dances, theatrical benefits, 
entertainments and collections by speakers who told 
the story of Bloody Sunday before societies of every 
kind and character. The Dreamland Rink meetings, 
attended in every instance by thousands of people, 
were the means of bringing hundreds of dol- 
lars to the defense. A considerable fund was raised 
directly within the organization by the sale of em- 
bossed leatherette membership card cases issued in 
memoriam to the martyred dead. In Seattle notable 
service was rendered by the International Workers' 
Defense League. 

The nature of the case demanded heavy expen- 
ditures unlike those required in any of the previous 
trials in which I. W. W. members were involved. 
Many of the witnesses were men who had beaten 
their way from long distances thru storms and snow 
to be in readiness to testify in behalf of their im- 
prisoned fellow workers, and most of these had to 
be maintained at a relief station until called upon 
the stand. The care of the wounded was an added 
item, and there were many necessary expenditures 
for the big body of prisoners held as defendants. To 
each of the men who was released at the end of the 
six months imprisonment there was given a sum of 
$10. Owing to the sweeping nature of the con- 
spiracy charges and because of the large number of 
witnesses endorsed by the State, all of whom re- 


quired investigation, there was a large sum required 
for use in taking these necessary legal precautions. 
Heavy charges v^ere also made for the work of the 
stenographers who recorded the evidence, this being 
an item borne by the State in most parts of the 
country. The totals of these expenditures were as 

Counsel fees in full $8,470.00 

Legal investigation 8,955.36 

Court stenographers 3,354.30 

Miscellaneous legal expense 1,304.20 

Office expense 1,942.53 

Publicity work 4,830.44 

Miscellaneous accounts 8,457.37 

Total expenditures $37,314.20 

A balance of $521.64 was sent to the General 
Headquarters of the I. W. W. and this, with $581.3& 
which remained in the General Office from the sale 
of voluntary assessment stamps, was set aside as a 
fund to be used for the maintenance of HarryGolden^ 
Joseph Ghilezano and Albert Scribner, three of the 
boys who were seriously injured on the Verona. 

The financial report was audited by E. G. Shor^ 
rock and Co., certified accountants, and by a commit- 
tee composed of Harry Feinberg and J. H. Beyer^ 
representing the prisoners, C. H. Rice, representing" 
the Seattle unions of the I. W. W., and General 
Executive Board member, Richard Brazier, repres- 
enting the General Headquarters of the I. W. W. 
The statement made to contributors to the fund 
concluded with these expressive words: 

'*0n behalf of the defendants, and the Industrial 
Workers of the World, we take this opportunity to 
express our grateful appreciation to all contributors, 
and to all the brave men and women who assisted 
us so nobly in this great struggle to save seventy- 
three workingmen from a living death at the hands 
of the Lumber Trust and the allied commercial 
bodies of the Pacific Coast. 


*lt was the solidarity of the working class, and 
that alone, which brought about this great victory 
for labor, so let us turn fresh from victory, with de- 
termined hearts and unquellable spirit to unflinch- 
ingly continue the struggle for the liberation of all 
prisoners of the class war, remembering always that 
greatest expression of solidarity, *An injury to one, 
is an injury to all/ 







Seattle, Wash., 

June 12th, 1917. , 



The facts in this case speak pretty well for them- 
selves. To draw conclusions at length would be an 
impertinence. He who runs may read the signs of 
decay of Capitalism, the crum^bling of a social sys- 
tem based upon the slavery and degradation of the 
vast majority of mankind. And from the lips of the 
prosecution counsel — ^the Voice of the State — we 
have the open and frank acknowledgement of the 
bankrupcy of law and order, the failure of govern- 
ment as it is now administered. 

It is no part of this work to attack The Law. The 
Law is august, majestic in its impartial findings and 
the equality of its judgements, always however with 
due allowance for those subtle distinctions so in- 
comprehensible to the masses which exist between 
high finance, kleptomania and theft. The Law 
strips no one of his possessions ; under its beneficent 
reign the rich retain their wealth and the poor keep 
their poverty. Founded on dogma and moulded by 
tradition. The Law stands as a mighty monument 
to Justice. It is ever in this way that we show our 
respect and reverence for the dead. Being an out- 
growth of precedent it gains added sanctity with 
each fresh proof of antiquity, differing in this regard 
from automobiles, eggs, women, hats, the six best 
sellers, and the commoner things of life. Surrounded 
by mysticism, surcharged with the language of the 
dead, and sustained by force, who is there would 
have the temerity to question the sanctity of The 

It remained for Attorneys Black and Cooley — 
and not for the outcast industrial unionists, social- 
ists or anarchists — to charge that The Law is a 
bankrupt institution, and it was for the citizen- 
deputies — and not for the despised workers — to 


prove the truth of the indictment. Truly Society 
moves in a mysterious way its blunders to reform ! 

With the true logic of the counting-house Cooley 
admitted that the mill owners had formed a mob to 
protect themselves from the rabble, they had pur- 
sued illegal methods to prevent the breaking of The 
Law, they had jailed men in order to preserve Li- 
berty, they had even blacklisted union men in order 
to give to every man the right to work where, when 
and for whom he pleased. There is no escaping such 
logic if one owns property. Of course those who 
possess no property are the natural enemies of prop- 
erty, and law being based upon property, they are 
defiers of The Law, and Society being upheld only 
by observance of The Law, they are the foes of 
Society. It is not best to kill them in too large num- 
bers for they are useful in doing the work of the 
world, but they must be kept in fear and trembling 
of The Law and made to respect it as sacred and 
invilable, even if we do not. So argued Black and 

But the whine of Black, the snarl of Cooley, the 
moody silence of Veitch, alike served as a confession 
that "law and order" was a failure. The plea of the 
State was that all law is the creature of property 
and when the power of the law proves inadequate 
in its function of protecting the accumulations -of 
wealth the possessors of property are justified in 
supplementing The Law with such additional phys- 
ical or brute force as they can muster, or in casting 
aside The Law altogether, as it suits their conven- 
ience. To the workers The Law must remain sacred 
while to the leisure class Property is the thing to wor- 
ship, for however much robbery is to be condemned, 
the proceeds of robbery are always to be respected. 

Their further contention was that the streets are 
for traffic, for maintaining commerce, in other words 
to aid in the gathering of property and to enhance 
the property values already cleared. Out of the 
graciousness of their hearts the business men and 
employers allow the pedestrians to use the streets 
incidental to the purchase of goods or to journey to 


and from their tasks in the factories, mines, mills, 
and workshops. That the streets might be used for 
social, religious, political or educational purposes 
does not enter their calculations, their ledgers carry- 
no place for such entries on the profit side. Free 
speech is tolerated at times provided nothing of im- 
portance is said. 

Two trials were going on in the court room at 
the same time ; that of Thomas H. Tracy and the I. 
W. W. before a property-qualified jury, and that of 
the existing system of law enforcement before the 
great jury of the working class. And just as surely 
as was the verdict that of acquittal for Tracy and 
his union, was there a most decided judgment of 
Guilty upon "law and order." For Tracy was not 
freed by the law but by the common sense of the jury 
who refused to consider him guilty and viewed him 
as a class rather than as an individual. Under the 
existing conspiracy laws he might well have been 
considered technically guilty. But "law and order'*^ 
technically and otherwise was proven guilty, and 
the charge that Capitalism is guilty of first degree 
murder, and a host of other crimes, was clearly 

Why? Why all the brutality depicted herein? 

The answer is that we are living in an insane so- 
cial system in which money ranks higher than man- 

To be more specific the outrages at Everett had 
their roots in the belief that the men who labor, and 
especially the migratory and the unskilled element, 
form an inferior caste or class to those who exploit 
them. The dominant class viewed any attempt to 
claim even the same civil rights as an assault upon 
their supremacy and integrity, — this to them being 
synonymous with social order and civilization. This 
is always more evident where a single industry dom- 
inates, as evidenced by the occurrences at Ludlow, 
in the coal district, Mesaba in the iron ore section, 
and Bisbee where copper is the main product. Eve- 


rett controlled by the lumber interests clinches the 

A community dominated by an industry, impel- 
led by a desire for high profits; or under the spell 
of fear or passion, whether justified or not, cannot be 
restrained by law from a summary satisfaction of 
its desires or a quieting of its apprehensions. Before 
such a condition the- fabric of local government 
crumbles and lynch law is substituted for the more 
orderly processes designed to attain the same end. 
The Everett outrages were no example of the rough 
and ready justice of primitive communities. The 
outlaws were in full possession of local government, 
legislative, judicial, and executive, yet they fell back 
upon brute force and personal violence and attempt- 
ed to protect the lumber trust profits by tactics of 

Insofar as the law can be wielded for their im- 
mediate purpose a capitalistic mob, such as these 
at Everett, will clothe their violence in the form of 
ostensible legal process, yet often the letter and the 
spirit of their own class-influenced laws will be 
ruthlessly thrust aside. They want law and order, 
efficacious, impartial, august, in the eyes of the gen- 
eral citizenry, but they want exemption of their class 
from the rule of the law on certain occasions. Strong- 
ly would they deny that all law is class law, made, 
interpreted and administered in behalf of a privi- 
leged property-owning class, yet the facts bear out 
this contention. 

The conception of impersonal and impartial 
legalism has been generally accepted along with 
traditional moral opinion and the naive belief in the 
excellence of competitive, individualistic, and unre- 
strained business. But thi§ historical case has proven, 


as nothing else could prove, that these bonds are 
relaxing and the faith and formulas underlying the 
whole legal establishment are the subject of attack 
by an increasingly large and uncompromising army 
of dissenters. 

From the developments of the Everett situation 
one can sense the rising tide of industrial solidarity. 
It was the unity of the workers that won the great 
case. It will be the unity of Labor that will win the 
world for the workers, just as the embryonic democ- 
racy of the toilers in its blind groupings has already 
cracked the shell of the industrial autocracy of the 
present day. 

At present we are at the parting of the ways. 
There is not sufficient faith in the Law to hold the 
dying wa.^je system together and there is not a suf- 
ficiently clear conception of the solidaric ideal of a 
new society to bind the rebellious elements to a de- 
finite program. So chaos reigns in society and events 
like those at Everett may be expected to arise until 
the struggle of the exploited takes on a more con- 
structive form and develops the necessary power to 
overthrow capitalism and all its attendant institu- 

Industrial unionism is the only hope of the dis- 
inherited and dispossessed proletariat. It is the voice 
of the future. It spells at once Evolution and Revolu- 
tion. Its assured success means an end to classes and 
class rule and the rearing of a race of free individ- 

The strength of the workers is in industry. Every 
worker, man, woman or child, has economic power. 
The control of industry means the control of the 

He who strives to bring the workers closer to- 



gether so that their allied forces in an industrial 
organization may overthrow the wage system and 
rear in its place an Industrial Republic in which 
slavery will be unknown and where joy will form the 
mainspring of human activity, pays the highest hom- 
age to those who, in order that the spirit of Liberty 
might not perish from the land, gave their lives at 
Everett, Washington, on Sunday, November 5th, 







Of The Workers 

The Latest 


General Defense Edition 

CONTAINS sixty-four pages of sa- 
tirical, humorous and inspiring 
songs of labor. Parodies on the well 
known popular airs. Wherever the 
English language is spoken, there 
will be found countless numbers of 
workers singing these real rebel songs 


Single Copies Ten Cents 
$5.00 a Hundred 


I."W. W. Publishing Bureau 

1001 W. Madison St., Chicago, 111. 


I. W. W. Publishing Bureau 
1001 W. Madison St., Chicago 

Pamphlets at 10c Each, or 3.50 Per Hundred 

I. W. W. History, Structure & Methods (St. John), revised 
Industrial Unionism, the Road to Freedom (Ettor) 
The Evolution of Industrial Democracy (Woodruff) 
One Big Union, The Greatest Thing on Earth 
Advancing Proletariat (Woodruff) 
Patriotism and the Worker (Herve) 
Onward Sweep of the Machine Process (Hanson) 
Red Down (Harrison George) 
Is Freedom Dead? 

Pamphlets at 10c Each, or $5.00 Per Hundred 

The I. W. W. Song Book. 

The General Strike (Haywood) ; also containing "The 

Last War." 
Proletarian and Petit Bourgeois (Lewis) 
The General Secretary's Report of the Tenth Convention 
Hotel, Restaurant and Domestic Workers (L. S. Chumley) 
Revolutionary Writings (Kelly Cole) 

Boooks at Various Prices 

The New Unionism (Tridon), 35c per copy.. ..100 — $25.00 
Opening Statement of G. F. Vanderveer, 25c.. 100 — 20.00 

Cloath Bound, 50c per copy 100— 35.00 

Testimony of William D. Haywood Before 

the Industrial Relations Commission, 15c. ...100 — 10.00 
Trial of New Society (Ebert), 50c per copy.. .100 — 35.00 
Proceedings 10th Convention, 50c epr copy.. ..100 — 35.00 
The Everett Massacre, Cloath Bound, $1.00.. ..100 — 75.00 
Indictment, 25c per copy 100 — 20.00 

I. W. W. Leaflets 

I. W. W. Industrial Unionism (St. John), 5c 

per copy 100 — $1.00 

*Hrgh Cost of Living (Dougherty), 5c per copy 100 — 1.00 

Metal and Machinery Workers (leaflet) r...lOO — .25 

To Colored Working Men and Women 100 — .30 

Songs, and Music by Joe Hill 

25c copy; 5 for $1.00; 10 or more, 15c each. 

Workers of the World, Awaken ! 

the Rebel Girl. 

Don't Take My Papa Away from Me. 


ED Smith, Walker C. 

9757 The Everett massacre