Hellraisers Journal: Defense Wrings Important Admissions from State’s Witnesses at Trial of Tom Tracy

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There are no limits to which
powers of privilege will not go
to keep the workers in slavery.
-Mother Jones
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Hellraisers Journal, Tuesday March 20, 1917
Seattle, Washington – Charles Ashleigh Reports on Tracy Trial

Everett Defense News #16, Mar 16, 1917

Everett Massacre, Tom Tracy in Seattle Courtroom, Stt Str Mar 9, 1917

SEATTLE, Wash., March 16th.-In a courtroom the battle for the life of Thomas H. Tracy, the workingman charged with the murder of Jefferson Beard at Everett, Wash., on November 5th, is now proceeding. Thousands of workers are awaiting eagerly the news of this, one of the greatest labor trials in history.

CITIZEN DEPUTIES AS WITNESSES.

The Prosecution has already introduced several “citizen deputies,” as are styled the vigilantes recruited by the Commercial Club, as witnesses. The first was one H. W. Shaw who was on the dock when the “Verona” came in, and who participated in that red tragedy. There followed one Owen Clay, an employee of the Weyerhauser mills and a Mr. Booth, ex-saloon keeper and real estate agent of Everett. Then came Charles Tucker, a workingman who admitted that he had served as guard in a struck mill. Of such are the witnesses of the state.

WHERE DID THE FIRST SHOT COME FROM?

Of course, the witnesses for the state have all stated that the first shot came from the boat. But there their unanimity ceases. As to where it came from,-what portion of the vessel,-and the moment when it came, they contradict each other most satisfactorily. Also, none of them have seen the shot or the shooter, they have only heard it! The grilling of the Defense attorneys, Moore and Vanderveer, sadly confused some of the witnesses. One of them, Tucker, flatly contradicted his former testimony in the important matter of where he thought the first shot came from! When faced with his earlier statement, he denied it, thus discrediting the Court Stenographer!

LIGHT BEGINS TO SHINE ON BEVERLY PARK!

On the evening of October 30th, 41 workingmen coming to Everett with the object of holding a street meeting were met at the dock by a mob of vigilantes, armed and with automobiles. The workers were loaded into the autos and taken out to Beverly Park, on the outskirts of Everett where they were made to run the gauntlet and were severely beaten up.

This outrage the Prosecution had no desire to see revealed and the cross-questioning of the first few witnesses elicited no information. Mr. Booth, however, caused a thrill to run through the court when he stated that he had taken part in the “procession” of autos loaded with men through Everett. He said that he had taken no part in the gauntlet-running because “he would not participate in beating up” a virtual admission that the others had done the beating up.

WHAT ABOUT THE RIFLES AND SHOT-GUNS?

The Defense had also quite a fight before the fact began to emerge that the citizen deputies were armed, not only with revolvers, but with rifles and shot-guns. The first State witness to acknowledge that he had even seen such things on November 5th was Judge Bell, of Everett, who was a deputy. He said first that he had seen men with long-barrelled guns,-he didn’t know whether they were rifles or shot-guns,-down at the dock. Later, he denied this same fact, although the stenographic report showed plainly that he had so stated, but still admitted that he had seen them at the Commercial Club. To have gone so far, with only the first half-dozen witnesses out of a couple of hundred which the Prosecution has on its list, is to be counted as definite progress for the Defense.

EDITOR AND SECRETARY CALLED BY STATE.

The Prosecution had subpoenad J. A. MacDonald, the editor of the Industrial Worker, a revolutionary labor paper of Seattle, and Herbert Mahler, secretary of the Everett Defense Committee and former Secretary of the Industrial Workers of the World of Seattle, to help them prove their contention of conspiracy. The object of the State was to show by letters, telegrams and newspaper articles, that there was a conspiracy afoot which culminated in the death of deputy Jefferson Beard, in which conspiracy Tracy was an abettor. It is once more the vicious legal doctrine of constructive or indirect crime, by which so many champions of labor have been victimized.

The contrast between MacDonald and Mahler and the citizen deputies on the stand was apparent. The two workingmen were absolutely cool and frank and replied to all questions with the utmost readiness. Spectators at the trial agreed that the Prosecution had done itself much more harm than good in calling these two witnesses.

PROPAGANDA IN COURT.

The whole day of Thursday, March 15th was spent in the introduction of newspapers and pamphlets by the Prosecution as evidence. The Prosecuting Attorney read certain portions to the jury and, at the conclusion, the Defense maintained that, as he had omitted portions which materially changed the general meaning of the text they also should have the right to read to the jury the omitted parts. The Prosecution fought this tooth and nail but Judge Ronald ruled favorably to the Defense. Vanderveer then read to the jury long extracts from various pieces of workingclass literature. The session acquired a strong resemblance to a propaganda meeting. Some amusement was manifested among the audience when Vanderveer read the story of the laborers who, after a cut in their wages had been announced, appeared next morning with the blades of their shovels shortened by two inches. “Smaller pay, smaller work!” said they.

AID IS NEEDED FOR DEFENSE.

The expenses of this great trial are mounting rapidly. In order to fight it to a successful finish, the immediate aid of the workingclass is needed. Funds should be rushed to the Defense. Show your solidarity in a substantial manner. Send in your donation now. If the workingclass helps, we can win this fight!

Funds are urgently needed. Send all donations to Herbert Mahler, Sec’y-Treas., Everett Prisoners’ Defense Committee, Box 1878, Seattle, Wash.

Protests and resolutions should be sent to President Wilson and to Gov. Lister, Olympia, Wash. Mass meetings should be held and publicity given to this case. Demand of your congressmen and senators that there be a Federal investigation into the tragedy of Everett, Nov. 5th. ACT NOW!

Everett Massacre, Def News Letter 9, Mahler Ashleigh, Jan 27, 1917

[Drawing of Tom Tracy added.]

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SOURCE
Everett Defense News Letter No. 16
(Seattle, Washington)
-Mar 16, 1917, (050)
(Also source for image of header and footer.)
http://digitalcollections.lib.washington.edu/cdm/search/collection/pnwlabor/page/1

IMAGE
Everett Massacre, Tom Tracy in Seattle Courtroom, Stt Str Mar 9, 1917
https://www.newspapers.com/image/145439753/

See also:
The Everett Massacre
A History of the Class Struggle in the Lumber Industry

-by Walker C. Smith
IWW, 1918
https://catalog.hathitrust.org/Record/001106557
Testimony of Harry W Shaw, and Owen Clay:
https://babel.hathitrust.org/cgi/pt?q1=shaw;id=mdp.39015002672635;view=image;seq=155;num=149;start=1;sz=10;page=search
Testimony of W. R. Booth:
https://babel.hathitrust.org/cgi/pt?q1=booth;id=mdp.39015002672635;view=image;seq=156;num=150;start=1;sz=10;page=search
Testimony of Charles Tucker, W. P. Bell, J. A. MacDonald
and IWW Literature including Sabotage Books by EGF & WCS:
https://babel.hathitrust.org/cgi/pt?q1=Tucker;id=mdp.39015002672635;view=image;seq=157;num=151;start=1;sz=10;page=search
Testimony of Herbert Mahler and more on IWW Literature:
https://babel.hathitrust.org/cgi/pt?q1=mahler;id=mdp.39015002672635;view=image;seq=158;num=152;start=1;sz=10;page=search


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