The Seattle star. [volume] (Seattle, Wash.) 1899-1947, 1917-05-02
STATE WON'T TRY
TO TRY ALL |. W. w,
Continued From Page 1.

I
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ton. and IN many ways In n pioneer
among criminal casos IN tho whole
United Statea."
After reviewing tho first part Of
tho case In some detail. tho proee-
cutor attacked the methods OF tho
defense.
"Thoy twisted the Verona around
at the Everett dock" he declared.
in order to confuse tho minds OF
the Jury aH 10 whether tho wit.
nessce who identified Tracy could
actually have seen him at the cabin
window"
Il don't think anybody who
heard the Testimony OF honest. rod
faced Jack Hogan. can doubt that
when he said he saw Tracy In tho
window. he told tho truth" de
clared Black. but II doesn't make
any difference You can believe
Tracy Was down on tho freight
deck. or hidden behind the piano.
II YOU want TO. and still. under the
courts instructions. no might ho
guilty. because he was a member
OF conspiracy"
Hogan Was Present
Hogan. who ia now n deputy
sheriff % snohomish county. was
in tho audience during Blacks ar.
gument.
Tho Verona trip was raraded
defiance OF authority. II there ever
was one" was ono OF Blacks
points.
1T was criminal act itself.
taken In connection with tho story
that went up 20 Everett that
morning Ia a Seattle Sunday pa
per-"
No Apology for Bestlnes
RED Downs. who admits he II
sore. admitted n little moro than
smooth. suave Mr.. Mailer did.
1T was conspiracy with pre-
mediated intent to commit murder.
II nocessary--lnd they did t."
Herbert MAILER. secretary OF the
prisoners defense committee. who
was secretary OF Scat;les local
OF tho I. W. W. at tho time OF tho
Verona expedition. was scored By
the prosecutor for incorporating
what occurred at Beverly park. In
kilograms sent TO other locals. 10
order TO inflano members OF tho
organization.
The state isn't Apolos'Ting Tor
Beverly" said Black. II wasn't
prosecuting attorney NJ that timo.
Hut however unlawful the things
done there may have been. not one.
fortseth OF what the l. W. w
claimed happened then. really tid
happen.
Says ashier Lied
IN. l. ". ". selred on Beverly
park with happiness. They want
cd II 20 innAme their members.
But Mr.. Mailer was disap
pointed because not enough hap
pencd there for his purpose. 80
in a telegram he sent no said. ~
men treated at Seattle
Lie No. /. Mailer knew tina,
only 4 small portion OF tho ii
we're treated. for minor injuries
Thos. men were abused and there
IL no excuse for II. Bg, there IL
no excuse for an organization thai
deliberately misroprcscnts abuse
In order to make men mad.
Injuries rang. from broken
SHOULDER. he tslcgraphcd. II, No
. No one had a broken shoulder
aud MAILER knew Il.
tina, Telegram was sent. but II was
committed by the I. W. ". That
telegram ia another count In tbs
Indictment against Tracy"
"ons OF the objects Of tho !. "
". was 10 get McRac." Black as
serted.
"MickNn. on his way TO Everett
to hold a meeting after the shoot
Ing. autographed Mailer at Seattle
Scat back Cd away. Did not make
landing. Reported McRac killed.
Something had happened that they
expected TO happen and wanted e
have happen
Il Charges Wilfful Violation
n The vital part OF this case Il
: that We have no protection II or
gained violation Of law Ia success
y fui from start to finish"
T. The prosecutor called special at
tentlon 20 the courts instruction
- that Everett had a valid stree
speaking ordinance. and impressed
upon tho Jury several times tina
the Verona trip was for tho express
purpose OF breaking this ordinance
Judge Ronald Tuesday read hi
instructions 10 the jury. II wa
\ possibly. the most lengthy charg
4 read from King county bench Il
many months. comprising 80 type
ritten pages. and requiring NOR
than two hours to read.
Which side was the aggrcsso
(of the battlc) ?"
Did somebody on the boat NJ
lawfully kill Beard"
Did this defendant aid. incit
or encourage such action?"
These are the salient question
which must be answered BY III
Jury, said Judge Ronald in hi
charge. In deciding tho first poin
n tho events leading up to the steam
er Verona's trip may be taken int
consideration. according to n
\ court Whether the !. w. WIS wer
mistreated by the deputy sheriff
or whether they were the aggres
\ ors OF trouble prior TO November
is OF importance only in determii
Ing the possibilities for n motive "a
4 firing the first shot. declared Judg