the 5th. Judge Bell and Mr. Cooley were both on the dock? Judge
Bell would have us believe that he was unarmed, and so far as we know
Mr. Cooley was unarmed. Then why were they on the dock? Judge Bell was
there as the representative, as he himself has testified, of a number of
lumber mills, and Mr. Cooley was there likewise; both citizen deputies;
both there; both unarmed if their testimony is to be believed. Again Mr.
Cooley was, in the matter of a few hours, down here at the Seattle jail.
Certainly he was not there to represent the defendant Tracy. Who was he
there to represent? He was either there in a private capacity,
representing private clients, or he was there in a public capacity
representing a public client, namely, Snohomish County. Wherein do you
find the evidence of the State being hampered, sir? From the beginning
to the end the State has moved majestically, exercising all the power
that it had. Mr. Black has had able assistance in this cause, the able
assistance of Mr. Cooley, the able assistance of Mr. Veitch, the able
assistance of the man behind Mr. Cooley and Mr. Veitch, Mr. McLaren.
Yet, all the resources of the State have failed to produce one scintilla
of evidence against the defendant Tracy here so far as tending to
indicate that he did counsel, aid, incite, abet, or encourage anyone to
fire any shot, except the testimony of George Reese produced at the
eleventh hour on rebuttal. I intend to treat of our friend Mr. Reese
later.

"It is significant that out of all that mass of testimony that has been
introduced in this case up to this time not one single bit of testimony
has been introduced or any argument had upon that testimony dealing with
the object and principles and purpose of the Industrial Workers of the
World. Mr. Black did not refer to it. Mr. Cooley has the final say. I
anticipate his argument for the State. They have that old reliance, that
old faith, if you will, in the trial of a case of this character, namely
conspiracy; hallowed by age.

"Way back in the sixteenth century the tub women on the banks of the
river Thames were indicted for conspiracy in attempting to raise wages.
The chandlers in London were likewise later indicted. The stonebreakers
in New York, the carpenters in Boston. From time immemorial the charge
of conspiracy has been leveled against the ranks of labor. Indeed, it
was only in the reign of Queen Victoria that labor unions became other
than simple conspiracies. U