was a participant in the outrage on the City Dock on November 5th.
"Honest" John Hogan claimed to have seen the defendant, Thomas Tracy,
firing a revolver from one of the forward cabin windows. "Honest" John
Hogan had the same difficulty as the other "identifying" witnesses when
he also was asked to state whether it was possible to see a man firing
from a cabin window when the stern of the boat was out and the witness
in his specified position on the dock. "Honest" John Hogan was sure it
was Tracy that he saw because the man had a week's growth of whiskers on
his face.

And this ended the case for the prosecution.

As had been predicted there were hundreds of witnesses who were endorsed
and not called, and almost without an exception those who testified were
parties who had a very direct interest in seeing that a conviction was
secured. But thru the clever work of the lawyers for the defense what
was meant to have been a prosecution of the I. W. W. was turned into an
extremely poor defense of the deputies and their program of "law and
order." From the state's witnesses the defense had developed nearly the
whole outline and many of the details of its side of the case.

When the state rested its case, Tracy leaned over to the defense lawyers
and, with a smile on his face, said:

"I'd be willing to let the case go to the jury right now."

CHAPTER VII.

THE DEFENSE

The case for the defense opened on Monday morning of April 2nd when
Vanderveer, directly facing the judge and witness chair from the
position vacated by the prosecution counsel, moved for a directed
verdict of not guilty on the ground that there had been an absolute
failure of evidence upon the question of conspiracy, any conspiracy of
which murder was either directly or indirectly an incident, and there
was no evidence whatever to charge the defendant directly as a principal
in causing the death of Jefferson Beard. The motion was denied and an
exception taken to the ruling of the court.

Fred Moore made the opening statement for the defense. In his speech he
briefly outlined the situation that had existed in Everett up to and
including November 5th and explained to the jury the forces lined up
against each other in Everett's industrial warfare. Not for an instant
did the attention of the jury flag during the recital.

Herbert Mahler, secretary of the I. W. W. in Seattle during the series
of outrages in Everett, was the first witness placed up