e supposed
to do. But the I. W. W. exaggerated the matter and used it to incite
retaliation on the fifth. So the Beverly Park incident, and all other
incidents, if true to the last syllable of the defense testimony, merely
in this case extenuated the motive on November 5th.

"Now then, why did the State select Tracy? The State's evidence was to
the effect that Tracy was not only a member of the conspiracy, but was
firing. Several State's witnesses recognized Tracy. There was another
reason. What was that? Some of these men, some of these boys, flitting
here and there from job to job, with never more than a dollar or two in
their pockets, were inflamed intentionally by people who misrepresented
conditions. They did not have any right to be inflamed; they did not
have any right to go to Everett and they are guilty of murder if they
went up there to retaliate for any wrong, actual or conceived. But the
State has preferred to put on first a man who was in the forefront of
the conspiracy; the man that appeared to be an important cog of that
conspiracy, and that man is Tracy.

"Tracy knew that a great many people of Everett were alarmed and
disturbed. Tracy knew that the I. W. W. did not want anything in
Everett, had no interests there, no friends there except as they were
disturbing conditions. Tracy knew the purposes and Tracy went back to
Seattle so he could lead this excursion to Everett. Tracy is a man of
determination. He knew the situation and he was prominent enough to be
selected by the organization as a stationary delegate. And if any man
knew what they intended to do in Everett, it undoubtedly was Tracy. So,
regardless of whether he fired or not, Tracy was one of the men who were
on the inside. Tracy is a part of the conspiracy that happened. But no
man, my friends, on that boat, that went up there with a common design
to break the ordinance has been sinned against because he is in jail.

"Now, my friends, you want in good faith to follow the instructions of
the court. It seems to me that the only question you have to decide is
the one the court told you to decide--Was Beard killed unlawfully by a
shot from the boat, and did Tracy aid, encourage or incite that killing?

"The murder of Jefferson Beard was a premeditated murder. Following the
instructions of the court, separating the wheat from the chaff, and
deciding that one question, we of the State are confident that you as
jurors and good citizens, as honest,