acy. And when you came around from there to where you could look
directly at the place, the reflected glare of the sunshine left nothing
but a blank background.

"There were one hundred and forty deputies looking toward the place
where the first shot was supposed to have been fired. They have produced
on the witness stand only about one in ten. We challenged them to bring
them all on, we dared them to do it, and Mr. Cooley said 'I accept that
dare!'--look it up Mr. Cooley on page 1802 of the transcript--but he did
not dare accept that dare. Mr. Cooley knows what those nine-tenths would
testify to. Twelve out of their sixteen witnesses who testified about
the first shots said that their brother deputies were mistaken as to
even the place on the boat where the first three shots came from.

"I venture, ladies and gentlemen, that with a bit of the kind of work
the State has employed in this case, a little bit of the same zeal that
was employed on Auspos, a little bit of the same zeal that was employed
with Reese, a little bit of the help of McLaren of Los Angeles, I can
take these one hundred and forty-five men and pick out four men who will
honestly and truthfully testify that they saw anything, and I say that
with no reflection on their honesty either, because the power of
suggestion is enormous. It is not surprising that four people have come
here to say they saw Tracy. It is not surprising that three out of the
four should have been proven, conclusively, convincingly and absolutely,
not to know what they were talking about.

[Illustration: FELIX BARAN

Dark lines on body caused by internal hemorrhage; Portland doctor said
life might have been saved by operation.]

"The court has told you that in this case it is not a question of who
shot first, not a question of which side shot first, it is a question of
who was the aggressor, who made the first aggressive movement, who did
the first hostile thing. The man who did a thing to excite fear was the
aggressor, and that man was McRae when he pulled his gun. McRae clearly
did that before there was any shooting.

"In determining who the aggressor was, you are entitled--not only
entitled but must take into account the past behavior of all parties.
And what does that show you? Was it the I. W. W.'s who had never offered
violence, who had never done an act of violence, who had decried and
deplored violence, as members of their audiences told you, and advised
caution against