and I say
that every one of these people are members of the I. W. W. organization
or should be. Why? Well, in the first place, you don't have to show any
qualification for any line of work. You don't have to make proof of
anything whatever to become a member of that organization. And is there
any inducement for a man who has been drifting here and there, walking
the ties, counting the mile posts as he walks from one place to another,
to join that organization? It gives him a pass upon every freight train
that travels the length and breadth of the land. One of the best
inducements in the world.

"There is another class of people in this country that are born with
criminal instincts implanted in their very natures; they are scattered
all over this land and we have them with us and we will always have them
with us. There are men who are driven to crime thru misfortune; there
are men who commit crime under the influence of environment; but there
is a percentage of men who are habitual, natural and instinctive
criminals. Now I don't say that because a man is a member of the I. W.
W. he is necessarily and instinctively a criminal, but I do say that
every habitual, instinctive criminal, who knows that he intends to
violate the law upon every opportunity to satisfy his own criminal
desire, has every inducement to become a member of that organization.

"There are a few uncontested and undisputed facts in connection with the
occurrence at the dock. Jefferson Beard was killed on that dock. No
doubt about that! The defendant was on the boat. No question about that!
There is no question that the conversation between McRae and the people
on the boat occurred substantially in the language that you have heard
repeated here by witnesses for the State and for the defense, all
agreeing that the conversation preceded the shooting. There is no
dispute that McRae turned partially away from the boat and that one of
the first three shots fired hit McRae while he was turning. The burden
of the whole argument of the defense was that when somebody on the boat
saw McRae put his hand on his gun he was justified in shooting. It is
not material whether Tracy shot Jefferson Beard or somebody else. It is
not material whether Tracy fired a gun or not, provided the evidence in
this case satisfies you beyond a reasonable doubt that Tracy was a party
to the conspiracy to go up to the city of Everett to violate an
ordinance of the city of Everett.

"But