The Seattle star. [volume] (Seattle, Wash.) 1899-1947, 1917-03-26
BOAT CAPTAIN
ON STAND AT
!. ". ". TRIAL

Judge Ronald ruled that q
foundation had been laid Mon
day morning for lmpesehlng
the testimony Of William Ken
meth, wharfInasr at the Ever
EFT city dock. witness for the
state In tho trial Of Thomas
n. Tracy, I. w. w. member.
who. with 70 others. 10 accused
OF murder In the first degree
on account Of the killing Of
Jefferson Beard. Nov. 8. when
boatioad Of I. w. VS. at
tempted to land there and were
met by the sheriff and . large
number Of citizen deputies.
The point ON which kenneth'a
testimony was attacked was his as
reftion on cross-examinatlon by
George r. Vanderveer, one Of
Traey's attorneys. that he had no
recollectlon" OF having told Attor.
ney Jerry Finch. who called on him
in Everett before the trial. that the
first shot fired did not come from
the boat. Kenneth testified Satur.
day that he thought the first shots
did come from tho boat The At
tennis of Nanderyeer to got his
answer into the form OF a positive
denial caused the Judge 20 inter
rupt with the statement that auf'
ficient foundation had been laid.
Thomas Headley. former mayor
OF Everett. called Just before noon
adjournment. declared he saw the
first three shots in the fight fired
nom Just IN front OF tho pilot
house. He did not SEQ the man
who fired them. lie said. but saw
his hand and his revolver.
Kenneth stuck firmly to his tes-
timony given last week tha, the
first shot came from below the
passenger deck. at "a point about
tho middle of the boat, He placed
IL ~ probably about the second
window of the cabin.
lie said he saw Capt. Hanwell OF
tho American Tugboat Co. aud
president OF tho city dock com
pnny, SATURDAY near the sheriff.
and saw him fire at the boat
The witness insisted he had no
recollection OF saying 20 Jerry
Finch. defense attorney. who visit
cd him before the trial and asked
II he knew where the fret shot
came from. "So. and that settles
IL"
Il told Finch I didn't know which
aide OF the case he Was on. but
wouldn't discuss u with him any
way" said Kenneth.
Moore tried 10 get him TO say IN
20 many words that he denied haV'
Ing made tho statement about the
first shot, but kenneth stuck TO
his own reply.
A barbed shot was fired by
Prosecutor Lloyd Black At tho de
fens. when Moore objected 20 a
question as 10 the bullet holes In
tie warehouse.
Holes Whitfield
Il know why you ara obiectins,
Mr.. Moore" said Black. You
know those holes are whitfield"
yanderyser was on his feet In
an instant. with an objection 10
counnelA attitude. The fudge or
fared the remark stricken and eau.
toned the jury not 10 pay any hi'
tentlon 20 any remarks by attor'
Insys or court, after which he
called all tho attorneys before him
for short curtain lecture.
Athol Blair Gorrili OF Spokane,
university student. was tho second
witness. lie said he was not a citi-
xen.deputy. but was nj the dock on
November 6. with hls roommate.
Edwil. stuch.li. whom he was Wait
Ing. and Gordon r. Smith.
lie stood near Sheriff McRae and
was shot just below the left
shouider.blads ms he turned TO GO
cape the fusillado from the boat
The first shots. he said. seemed
from the sound TO come from the
Verona.
You went To tho dock out OF
pure curiosity" asked Nandereeer.
Yes"
He said McRae had two revolv.
ers. but he saw no other guns in
the crowd OF deputies and vas not
armed himself lie was positive IL
was the sherifrs risht hand that
was raised In tho gesture about
which there has been so much con.
flleting testimony.
Says sheriff Drew
Later. he said. the sheriff drew
his gun.
Capt. X. J., Forbes. now rancher
at Sultan. who was captain of the
steamer Edison last November. was
next on the stand.
The Edison lay on the other side
OF the Everett dock from the We.
roma when IL arrived
The frat shot came from the
Verona. he declared. and he thought
the volley following came also from
the boat.