The Northwest worker. [volume] (Everett, Wash.) 1915-1917, 1917-04-05

ENDS TRACY CASE
Prominent Lumbermen and
Bankers Left Out. Conspir-
acy Charge Fails

the state called halt last Saturday.
The most prominent lumbermen and
Commercial Club members of Ever
EFT who participated and who were
eye-witnesses at the catastrophe on
November were not asked by the
state to take the witness stand The
fact that the state refuses to call
upon any more witnesses in view of
the fact that the defense dared them
to, tends to show that the prosecution
has no case.
The prosecution has not been able
to prove up to this time even by
negative circumstantal and treacher-
GUS testimony that the defendant was
a part Of a conspiracy in any way to
encourage disorder or the violation
of any law. The essential links of
the chain of evidence necessary to
secure conviction are being demol-
ished by the witnesses own testimony
during the progress of the case.
On the other hand, the attorneys
for the defense upon cross-examina-
ton of state witnesses are succeed
ing in their efforts to establish the
fact that the Commercial Club of
Everett deliberately and premediat-
eddy planned to excite trouble on No
vember 5. The reputation of testi-
mony of one witness by another is so
/ ipHjaa Five of thoi,, oraJt11i+,, %ho+
leaves no doubt in the minds of the
visiting audience at the court room
as to who were the provocators on
this tragic day.
Sheriff A+aRae occupied day and
a half in testifying for the state.
Upon direct examination the sheriff
related how he was asked by the
mayor and chief of police to help
them out during the l. W. W. free
speech fight. He gave the history
of how the Commercial Club came to
ask him to deputize $50 men. He
said he had charge of the situation
and made up his mind to enforce law
and order Upon cross-examination
he admitted that the I. w. w. had
no trials; that he would arrest them
and turn them loose as he saw fit
Vanderveer directed his line of
questioning upon the problem of the
first shot. He asked the witness
whether he saw anybody shooting.
He replied: eyes, l saw the defend
ant" pointing at Tracy, "on the Yer
ona. He was shooting from the sec
ond or third cabin window in my di-
rection." During this line of ques-
tioning the defending counsel devel-
oped the following points: First, that
the sheriff could not have seen the
defendant shooting from that window,
because the angle of the line of Wis
ion would not allow him to perceive
any person located at that spot. Sec
ondly, the sheriff was As feet away
from the designated spot, and third
ly, the crowd was too packed between
the cabin and the rails, as testified
by former witnesses, to make pos
| olD1S CALC NloGlAlS lllolllIlS VI ally DSISOll.
1t was intimated that the sheriff was
either guilty of a transparent or an
opaque lie.
Many facts wanted by the defense
were secured upon cross-examination
of Citizen Deputy Sheriff James
Broadman. He stated that there was
a general understanding as to how
the people were to congregate in case
of trouble. The fire whistle was a
sign for the deputies either to get
to the Commercial Club or to the city
dock. This statement practically bore
out the contention of the defendant
lawyers that the Commercial Club of
Everett anticipated trouble before any
one else. Broadmen also admitted
that while he was a member of the
flying squadron, he did not approve
of the methods they were using.
State Witness L. F.. Davies, who
is steward on the boat and was on
it on November 5, upon cross-exam-
nation admitted that no shooting
could be done out Of the cabin win
dow without killing the people on the
boat. He stood near the railing
ready to get off, but did not see any
shooting from the cabin windows.
This point was in contradiction to
what Sheriff McRae had testified.
When asked how the people on board
the boat behaved, he replied that
there was nothing unusual about
them. He had not heard any extra
ordinary talk or threatening remarks.
He saw no packages or anything that
would make him suspect the crowd.
The men had told him that they were
going to hold street meeting in
Everett.
Another important point gained by
the defense was when, upon cross
examination of Witness Scott Reanev.
h admitted that he made out his
application for deputy sheriff with the
secretary of the Commercial Club.
and that h4 t-..e att-r,.t. s.; t-