rs for what? Volunteers for what? When a man represents things
and so helps to make men mad he wants these men up there as volunteers
for retaliation. And the Court has instructed you that if these men went
up there with the purpose of retaliating, they are guilty. Tracy having
been one of a common design makes it central, vital, in good conscience
as citizens, that you return your verdict asked by the state.
"Any time a murder is committed it is important that prosecution be had
and conviction secured. That is always vital from the standpoint of
protection to society. The police, the sheriff's office, and the
officials of all cities and states of the United States sometimes
forget themselves, I take it, sometimes do things they shouldn't do,
sometimes do things they should be censured for, but the fact that they
had is no reason that murder is to be excused or justified, because if
you did, we would have no society. That is true in an ordinary murder
case. That is overwhelmingly true in this case.
"The I. W. W. is an organization that realizes the great truth in
combating government. They have stumbled upon an overwhelmingly
successful instrument in fighting society. What is that? To commit a
violation of the law in numbers, to violate the law by so many people
that only a few can be prosecuted and even if they are convicted, the
great majority go scott free. They built better than they knew when they
stumbled upon the great secret that the violation of a law in great
numbers would protect practically all of the violators. And this trial
itself is proof of that.
"Snohomish County can ill afford the expense of this one trial; can ill
afford the expense of two or three trials after this; would be
overwhelmed with debt to convict all the men who are in this conspiracy,
if there were a conspiracy it can't do it; most of them are safe from
prosecution and they know it; and the only protection that Snohomish
County has, and King County has, and the State of Washington has, and
the United States has, is that when something happens like this a
conviction be secured against a man who is guilty, not because you are
convicting all, because you can't, you are helpless--but because that at
least is the voice of warning to the men that if you lead an attempt you
may be the one of the great number that will be caught. It is important
from the standpoint of citizens of the State of Washington to establish
the principle that crime
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