ing one paragraph and omitting the next,
provoking a remonstrance from Attorney Vanderveer which was upheld by
the Court in these words:
"You have a right to do what you are doing, Mr. Black, but it don't
appeal to my sense of fairness if other omissions are as bad as the one
you left out. You are following the practice, but I don't know of an
instance where there has been such an awful juggling about, and it is
discretionary with the Court, and I want to be fair in this case. I want
to let them have a chance to take the sting out of it so as to let the
jury have both sides, because it is there. Now, Mr. Vanderveer, I am
going to leave it to you not to impose upon the Court's discretion. Any
new phases I don't think you have the right to raise, but anything that
will modify what he has read I think you have the right to."
Thereupon Vanderveer read all the omitted portions bearing upon the
case, bringing special emphasis on these two parts:
"Note this important point, however. Sabotage does not seek nor desire
to take human life."
"Sabotage places human life--and especially the life of the only useful
class--higher than all else in the universe."
With evidences of amusement, if not always approval, the jury then
listened to the reading of numerous I. W. W. songs by Attorney Cooley
for the prosecution, tho some of the jurymen shared in the bewilderment
of the audience as to the connection between the song "Overalls and
Snuff" and defendant Tracy charged with a conspiracy to commit murder in
the first degree.
D. D. Merrill, Mayor of Everett, next took the stand. He endeavored to
give the impression that the I. W. W. was responsible for a fire loss in
Everett of $100,000.00 during the latter part of the year 1916.
Vanderveer shot the question:
"From whom would you naturally look for information on the subject of
fires?"
"From the Fire Chief, W. C. Carroll," replied the mayor;
"We offer this report in evidence," said Vanderveer crisply.
The report of the Fire Chief was admitted and read. It showed that there
were less fires in 1916 that in any previous year in the history of
Everett, and only four of incendiary origin in the entire list!
The prosecution tried to squirm out of this ticklish position by stating
that they meant also the fires in the vicinity of Everett, but here also
they met with failure for the principal fire in the surrounding district
was in the co-operative mill, owned by a number o
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