oo crowded for him to be able to get
in. There was no secrecy, however, just as there was no oath of fealty
demanded of a worker upon joining the organization. The witness claimed
that he and one of the defendants, J. E. Houlihan, were standing
together in the hall when "Red" Doran called Houlihan aside into the
gymnasium. Two minutes later Houlihan returned and said, "I made it."
"What did you get?" Auspos declared he then asked his partner, receiving
the reply, "A thirty-eight." Auspos claimed he saw Earl Osborne cleaning
a gun in the gymnasium that same morning, and there was a rifle or
shotgun in a canvas case in one corner. He said that men were breaking
up chairs to obtain legs as clubs and that he, with others, was
furnished with a little package of red pepper.

Regarding his actions upon the Verona the witness stated that he and
James Hadley came up the steps from the freight deck to the passenger
deck just as the boat was nosing against the dock and that he walked
across the deck to a point within three feet of the rail. His
description of the motion of McRae's hands differed from that given by
the deputy witnesses and was such as would indicate the drawing of a gun
from a belt holster. He testified that McRae swung around to the right
just before being shot, thus contradicting McRae, who had declared that
the turn he had made was to the left. The witness in a rather indefinite
manner stated that the first shot came from the boat. All the damaging
claims in the testimony of Auspos were severely shaken by the
cross-examination conducted by Moore, and Auspos finally admitted that
the only point on which he wished to have his evidence differ from the
statement he had made to Vanderveer prior to the trial was in the matter
of the firing of the first shot. Auspos made no attempt to identify
anyone on the boat as having a firearm.

During the examination some reference was made to "Red" Downs, at which
Judge Ronald remarked:

"I am a little confused. Did he say 'Red' Downs or 'Red' Doran?"

"There are two of them," responded Moore.

"Lots of red in this organization," cut in prosecutor Cooley, amid
laughter from the spectators.

Attorney Moore brought from Auspos the admission that the plea of "Not
Guilty" was a true one and he still believed that he and the other
prisoners were not guilty of any crime. Yet such are the peculiarities
of the legal game that an innocent man can turn state's evidence upon
his inn