The Northwest worker. [volume] (Everett, Wash.) 1915-1917, 1917-05-03
CONSPIRACY
CHARGES ARE
DISPROVED
Tracy Defense Makes Defense
Look Sick-Deputies Shot
Drowning Workers
Seattle Union Record)


states evidence in the four weeks it
consumed in presenting it's side of the
case of Thomas H. Tracy, who is in
dicted by Snhomish County with con-
spring against Everett city officials,
as instigating incendiarism and final
ly shooting jefferson Beard on the
Everett city dock on November 5.
Not only has the defense been sue
cessful in demolishing any theory upon
which the state attempted to build it's
conspiracy charge, but actually proved
the alleged conspirators to be adverse
to participating in any scheme that
would offer the slightest danger of
conspiracy; also that Defendant Tracy
was sitting inside of the cabin at the
time the shooting began and remained
inside until the boat pulled out from
the wharf.
Joe Manning testified that he was
inside of the cabin near the third win
dow on the port side and that Tracy
sat next to him at the time the boat
made its landing. He stated that he
heard shot that was followed by a
few shots, then by volley. He drop
ped to the floor after the first shots
and Tracy came over to him and near
ly knocked him down. Attorney VAN
derveer asked the witness whether he
saw any shooting from inside the
cabin; he replied that he did not. Nor
did he see Tracy shooting at any time,
and he was with him on the floor be-
hind the smoke stack until after the
boat had begun to pull out. Upon
cross examination the witness en-
phatically and definitely stated that
after the first shot from the dock he
and Tracy both dropped to their knees
to avoid the bullets. Several other
witnesses testified that they were in
side of the cabin all the time the
shooting was going on and did not see
any one shooting out of the window.
Those who had stayed on the outer
side of the cabin testified similarly.
Only Man With Gun
]. F, Billings testified that he was
, the man who went down to the engine
room with his gun in his hand and
asked the engineer to reverse the boat.
II said to him, For Gods sake re-
verse the boat or else We'll all get
killed. The engineer replied: keep
your shirt on and l will do it," He
threw his gun overheard, as he antici-
pated trouble from what had occurred.
He stated that while his gun was load
ed he did not shoot. Ben Legg testi-
fled that he heard the conversation be-
tween the engineer and Billings, and
corroborated the former witness, Will
liam Butcher testified that he saw the
sheriff shooting one of the first shots.
Ed Roth was only one day a men,
Der of the l. w. w. before he went
up on the Verona. He had been a
member of the longshoremen. He is
one of the defendants, and was shot
several times. Abraham B. Winburn
stated that his father is a rabbi and
that it was after he was arrested that
he joined the |. w. w. He is also one
of the defendants in this case. Win
burn said that eff McRae did not shoot
the first shot if surely came from near
him" By his cross-examination Prose
ecutor Black called out stream of
oratory from Winburn that took the
court room by storm. Winburn was
asked whether he was prepared before
he came up to Everett. He replied
that he was. Prosecuting Attorney
Black sneeringly asked the witness:
well, you came prepared ?" He re-
torted: prepared morally, not the
way you inferred. The way you init
mated is not our method. How can
we resort to guns in the face of an
organized army of capitalists and it's
gattling guns?"
Captain of the Verona j. C. Wyman
testified that he was at the wheel at
the time the boat landed at the
wharf. He said that it was no more
than half minute before he heard a
bullet strike the cabin, and it was
not over a minute before a bullet
came from the direction of the dock
and took spoke out of his wheel
under his hand. The shooting was so
severe that he had to place the mat
tress in front of the window to save
his life. He denied that there had been
any shooting from the pilot house. He
did not see any guns or hear any
way cause him to suspect the crowd
He further stated that the people
aboard the boat behaved like the aver
age excursion crowd; they were sing
ing and having a good time.
Children Aid Defense
About a dozen children of school
age invaded the courtroom with
pockets full of shells that they picked
up right after the shooting on the citv