life, not for one moment
allowing your judgment to be swerved by the fact that one class of
witnesses here are witnesses of social position, are witnesses of
property qualifications, are witnesses with homes, while, on the other
hand, the witnesses called by the defense were witnesses from the four
parts of the earth, witnesses whose only claim to your consideration is
that they have built the railroads, that they have laid the ties, that
they have dug the tunnels, that they have harvested the crops, that they
have worked from one end of the country to the other, in season and out,
floating from job to job.
"In most jurisdictions, the defendant has the opportunity of either a
grand jury investigation or of a preliminary; in other words, he is in
some degree advised of what evidence he is going to be called upon to
meet. In this case, we came in here on the 5th day of March with no
information whatsoever relative to the State's case other than that
given us from the four corners of the instrument on file here, known as
the information, together with the fact that on that information there
were the names of some three hundred or more witnesses. That was all we
had. We were further handicapped in view of the fact that we did not
have behind us all the resources of the State of Washington and the
county of Snohomish, neither did we have behind us all of the resources
of various business interests, neither did we have behind us all the
resources of allied business on this west coast, as represented by Mr.
Veitch."
Mr. Veitch: To which I take an exception, if the court please.
The Court: Exception allowed.
Mr. Veitch: On a matter of personal privilege, I have a right to
characterize that statement as a deliberate misstatement of the fact.
Mr. Moore: Mr. Veitch has not seen fit to explain why he was here.
Mr. Veitch: I am employed by friends of Mr. Jefferson Beard. If that is
not enough--
Mr. Moore: That is outside of the record.
The Court: Both of you are outside of the record. Proceed Mr. Moore.
"Suffice it to say that we are here as the frank and honest
representatives of the defendant and of the defendant's organization. We
do not have behind us the power of the State, or the power of any
interest other than the defendant himself and of his organization.
"Mr. Black complained that the State had been hampered in this cause. Is
it fair to say that the state has been hampered when on the fatal
November
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