ment of the city ordinances of
Everett was peculiarly within the powers of the police department of the
city, didn't you?"

Owen Clay was then called to the stand. Clay had been made bookkeeper of
the Weyerhouser Mill about a year and a half before this, and had been
given a membership in the Commercial Club at the time. He was injured in
the right arm in the trouble at the dock and then ran around the corner
of the ticket office, after which he emptied his revolver with his left
hand. Attorney Vanderveer questioned this witness as follows:

"Who shot Jeff Beard in the right breast?"

"I don't know."

"Did you do it?"

"I don't know."

"Thank you! That's all," said Vanderveer with a smile.

The next witness was C. A. Mitchell, employee of the Clark-Nickerson
Mill. He testified that he belonged to Company "B" under the command of
Carl Clapp. His testimony placed Sheriff McRae in the same position as
that given by the preceding witness, about eight to ten feet from the
face of the dock in the center of the open space between the two
warehouses, but unlike Clay, who testified that McRae had his left hand
in the air, he was positive that the sheriff had his right hand in the
air at the time the shooting started.

W. R. Booth, engaged in real estate and insurance business, a member of
the Commercial Club, and a deputy at the dock, was next called. Attorney
Cooley asked this witness about the speech made at an unspecified street
meeting. Vanderveer immediately objected as follows:

"We object to that as immaterial and calling for a conclusion of the
witness. He does not know who was speaking, nor whether he was
authorized to do it, or brought there by the Industrial Workers of the
World, or a hireling of the Merchants' and Manufacturers' society. It
has happened time and time again that people are employed by these
capitalists themselves to go out and make incendiary speeches and cause
trouble, and employed to go out and fire buildings and do anything to
put the opposition in wrong."

When questioned about McRae's position on the dock, Booth stated that
the sheriff had both hands in the air. This witness admitted having been
a member of the "Flying Squadron" and being a participant in the outrage
at Beverly Park. He named others who went out with him in the same
automobile, Will Seivers and Harry Ramwell, and stated that A. P.
Bardson, clerk of the Commercial Club, was probably there as he had been
out on all the