in at the time he said he had seen Tracy. The
impossibility of having seen the face of a man firing from any of the
cabin windows was thus demonstrated to the jury.

Then to clinch the idea that the identification was simply so much
perjury, Vanderveer introduced into evidence the stenographic report of
the coroner's inquest held over Jefferson Beard in which the witness,
Bridge, had sworn that the first shot came from an open space just
beneath the pilot house and had further testified that he could not
recognize the person who was doing the firing.

Walter H. Smith, a scab shingle weaver, and deputy on the dock, followed
with a claim to have recognized Tracy as one of the men who was shooting
from the Verona. He also stated that he could identify another man who
was shooting from the forward deck. He was handed a number of
photographs and failed to find the man he was looking for. Instead he
indicated one of the photographs and said that it was Tracy. Vanderveer
immediately seized the picture and offered it in evidence.

"I made a mistake there," remarked Smith.

"I know you did," responded Vanderveer, "and I want the jury to know
it."

The witness had picked out a photograph of John Downs and identified it
as the defendant.

The prosecution then called S. A. Mann, who had been police judge in
Spokane, Wash., from 1908 into 1911, and questioned him in regard to the
Spokane Free Speech fight and the death of Chief of Police John
Sullivan. Here attorney Fred Moore was on familiar ground, having acted
for the I. W. W. during the time of that trouble. Moore developed the
fact that there had been several thousand arrests with not a single
instance of resistance or violence on the part of the I. W. W., not a
weapon found on any of their persons, and no incendiary fires during
the entire fight. He further confounded the prosecution by having Judge
Mann admit that in the Spokane fight a prisoner arrested on a city
charge was always lodged in the city jail and one arrested on a county
charge was always placed in the county jail--a condition not at all
observed in Everett.

Moore also brought out the facts of the death of Chief Sullivan so far
as they are known. The witness admitted that Sullivan was charged with
abuse of an adopted daughter of Mr. Elliott, a G. A. R. veteran; that
desk officer N. V. Pitts charged Sullivan with having forced him to turn
over certain Chinese bond money and the Chief resigned his positio