some of the buck-shot still
being visible.

The captain swung the boat out to the same angle as it had been on
November 5th, this being done at a time when it was computed that the
tide would be relatively the same as on the date of the tragedy. Someone
assumed the precise position at the cabin window that Tracy was alleged
to have been in while firing. The jury members then took up the
positions which the "identification witnesses" had marked on a diagram
during their testimony. The man in the window was absolutely invisible!

A photograph was then taken from the point where "Honest" John Hogan
claimed to have been when he saw Tracy firing and another view made by
a second camera to show that the first photograph had been taken from
the correct position. These were later introduced as evidence.

No testimony was taken in Everett but on the re-opening of court in
Seattle next morning Frank A. Brown, life insurance solicitor, testified
that McRae dropped his hand just before the first shot was fired from
somewhere to the right of the sheriff. He also identified a Mr.
Thompson, engineer of the Clark-Nickerson mill, and a Mr. Scott, as
being armed with guns having stocks. Mike Luney, shingle weaver, told of
a fear-crazed deputy running from the dock with a bullethole in his ear
and crying out that one of the deputies had shot him. Fred Bissinger, a
boy of 17, told of the deputies breaking for cover as soon as they had
fired a volley at the men on the boat. It was only after the heavy
firing that he saw a man on the boat pull a revolver from his pocket and
commence to shoot. He saw but two revolvers in action on the Verona.

One of the most dramatic and clinching blows for the defense was struck
when there was introduced as a witness Fred Luke, who was a regular
deputy sheriff and McRae's right-hand man. Luke's evidence of the
various brutalities, given in a cold, matter-of-fact manner, was most
convincing. He stated that the deputies wore white handkerchiefs around
their necks so they would not be hammering each other. He contradicted
McRae's testimony about Beverly Park by stating positively that the
sheriff had gone out in a five passenger car, and not in a roadster as
was claimed, and that they had both remained there during the entire
affair. He told how he had swung at the I. W. W. men with such force
that his club had broken from its leather wrist thong and disappeared
into the woods. When questioned about the us