The labor journal. [volume] (Everett, Wash.) 1909-1976, 1920-12-17

were called by TIE state to prove
| that Walter Smith was an active
member and delegate of the Indus
trial Wo1 kers of the World. The de
Tense told the judge and the prose-
cution that they did not and had no
intention of denying the activity of
the defendant; and further stated
that. all the reports and papers the
prosecution was attempting to in
troduce were Walter Smiths, there
by making it unnecessary that these
two witnesses testify.
We agreed that the testimony of
Mitchell, Darnell, Mcdonald and
Fisher should have been disregard
| ed because on cross-eXamination it
was brought out that they had on
direct examination wilfully withheld
certain important facts concerning
the aims and objetcs of the organi-
cation. For example: on direct ex-
animation they testified that the |.
w. w. advocated the overthrow of
the government. On cross-eXamina-
ton they testified that the !. w. w.
advocated shorter hours, better pay
and better working conditions and
ultimately the abolition of the wage
system, or the overthrow of the
capitalism system.
We agreed that the testimony of
A. +. Mckee, Chief Mnuteman,
should be disregarded because it was
brought out that he was a very
biased and prejudiced witness and
very much interested in the outcome
of this case. He testified that he
has been actively engaged since 1916
in rounding up members of the l.
w. w. organization and that he did
influence the county commissioners
in securing special prosecutor,
Thomas Holman of Port Townsend,
to prosecute the criminal syndical-
ism cases of Cantwell and Smith,
and he also testified that he had
investigated a number of the jurors
and given that information to the
prosecuting attorneys office, to be
used in selecting the jury.
James McCulloch didn't say any
hing that threw any light on the
case.
The defense called only three wit
nesses. Walter Smith,. the defend
ant, Jake Michel, president of the
Everett Central Labor Council, and
/ taxpayer for nearly 30 years; and
Mrs. Eliza Maloney, a resident and
taxpayer of Snohomish County for
nearly Ia years.
Walter Smith was on the stand for
several hours. He testified that he
has been a member in good stand
ing of the Industrial Workers of
further testified that he has been
active as an organizer, delegate and
secretary since 1916. His testimony
was frank, clear and open. He tes-
lifted that the organization does not
and never has advocated crime, sedi-
ton, violence, intimidation or injury
as means and way of effecting
political, social, economic or indus
trial changes.
We considered that to all appear
ances Jake Michel and Mrs. Maloney
were familiar with the teachings of
the organization from listening to
accredited speakers of the organiza
ton, and their testimony went to
nrove that the organization does not
advocate violence, sedition, etc.
The states evidence, we believed,
proved only that the Industrial
Workers of the World believe in
Education and Organization" and
were organized to organize all work
ers into One Big Industrial Union.
The defense's evidence, we be-
lieved, proved that the Industrial
Workers of the World were formed
for the purpose of advocating, advis-
ing and teaching economic and in
dustrial changes, inasmuch as their
ultimate aim is the abolition of the
wage system, and they propose ac-
complishing their aim thru educa-
ton and organization.
The evidence of the defense showed
that the Industrial Workers of the
World use "Direct Action" and
Sabotage" as a means of securing
better wages, shorter hours and bet
ter working conditions. We find
that "Direct Action" is a legal and
lawful method of securing their de-
mands and is in strict accord with
the laws of Washington. We find
that Sabotage" as defined and used
by the l. w. w. is the CONSCIOUS
withdrawal of efficiency on the job"
and we find that sabotae in this
form is not illegal or unlawful I'M
der the statutes of the state of
Washington.
We find that the defense proved,
both by their witnesses and their
literature, that the |. w. w. were
not formed for the purpose of and
l. ,,o,,, ~,