vember 5th. Their evidence doesn't stand even if unanswered--and no
evidence could be more successfully answered.

"What evidence is there that Tom Tracy had anything to do with such a
conspiracy, if there were one? Their most willing tools, Auspos and
Reese, don't say a word about Tracy.

"What does the identification by McRae amount to? He identifies Tracy as
the man who leaned out of the window and shot at him. Now at the time
this shot was fired McRae had his back turned to the man who shot it. He
says himself he did, and he was shot thru the heel, which seems to prove
it. That, by the way, suggests to me that it was not an I. W. W. who
shot McRae. The man who shot him must have thought McRae a hero, like
the gentleman of mythological fame who was killed by an arrow thru the
heel which no I. W. W. does, I assure you. Or else he thought that McRae
wore his brains there.

"But I am not going to discuss McRae at great length either now or at
any other stage of this case, because the greatest kindness I can do him
is to forget him. The man is a perjurer! He lied! He was not mistaken.
He deliberately, cold-bloodedly lied about almost everything in this
case wherein his conduct as an officer was questioned. He lied about
'Sergeant' Keenan! He lied about shooting at the "Wanderer," and you saw
the bullet holes. He lied about Berg and about Mitten, and finally, and
last of all lied, and we have proven it conclusively, about being out to
Beverly Park.

"Bridge's identification of Tracy does not agree with that of Smith, and
Bridge does not even agree with his own testimony given at the coroner's
inquest. Smith picked out a photograph and said it was Tracy and that
picture resembles Tracy about as much as I do some of you jurors. Bridge
and Smith say that Tracy fired three shots, and Hogan says he fired only
one. And you know, ladies and gentlemen, that Hogan did not see this man
at all. You know that he did not even see the window at which he
pretends this man was sitting when the shot was fired. You know it
because you went there to the dock and you saw the boat lined up to a
mathematical certainty by the shot marks, and you saw a photograph taken
with the camera placed by John Hogan exactly where he said he was
standing himself. And there wasn't a one of you who could identify Bob
Mills, with his long nose and angular features, with everything that
makes identification easy, when he was in the position attributed to
Tr