Hellraisers Journal: Albert Brilliant for the Seattle Union Record: “Tracy Defense Scores Heavily”

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You ought to be out raising hell.
This is the fighting age.
Put on your fighting clothes.
-Mother Jones
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Hellraisers Journal, Wednesday April 25, 1917
Seattle, Washington – Trial of Fellow Worker Tom Tracy Continues

On April 18th the trial of Tom Tracy was taken to the scene of Everett’s Bloody Sunday where deputized company gunthugs shot down five of our fellow workers who were engaged in a struggle there for Free Speech. The description of the Court’s visit to Everett is covered in the article below.

From the Seattle Union Record of April 21, 1917:

TRACY DEFENSE SCORES HEAVILY

By ALBERT BRILLIANT

Everett Massacre, Tom Tracy, Trial Photo, ab Mar 5, 1917

The defense succeeded in striking another blow at the state’s evidence in the trial of Thomas H. Tracy, who is being tried as an abettor in a conspiracy to murder before Judge Ronald of King county superior court, when it subpoenaed Fred Luke, a deputy sheriff who was in the employ of Snohomish county at the time of the free speech fight and whose name has been constantly mentioned by the witnesses in the course of their testimony. This makes the second deputy who disclosed the inside of the Commercial club’s scheme, in stopping free speech.

Luke testified that he was present at Rowan’s meeting but did not hear anything said to which as an officer of the law he could take exception. The reason he caused the arrest of Rowan was because McRae had give him orders to. He denied that any violence or disobedience to authorities was ever advocated at I. W. W. meetings that he attended. He told about the crowd that gathered around the county jail, but it was “easily dispersed.” The fence that been broken down was there for a long time; it had rotten posts, the witness explained. There was no resistance at the time the crowd was dispersed. Mrs. Frenett was around but he did not hear her incite anyone to violence. When he was asked by Attorney Vanderveer why the deputies had white handkerchiefs he replied, “So we would not beat up our own men.”

Sheriff Staged Beverly Affair

Luke said he was in the same car that Sheriff McRae had been in and that the sheriff supervised the Beverly affair. He went home with the sheriff that night after everything was over at Beverly. He corroborated the fact that beating had been done in Beverly. When he was asked by the prosecution why he deliberately hit the I. W. W. when they had done nothing, he replied reluctantly, “Well, that was the orders of the Commercial Club; the people there did not want any arrests, they give us orders to deport the I. W. W. and beat them up at the same time.” When further questioned he retorted, “I heard that personally Governor Clough [former governor of Minnesota] and Captain Ramwell were among those who advocated it.”

The witness also testified that he was on the dock on November 5, he was ordered to keep the crowd off. He Hardware Store. The rifles were brought down from Oswald’s Pacific Hardware Store. The rifles were placed in captain Ramwall’s office. After the shooting started the rifles were given to the deputies.

Frank A Brown, an insurance agent, establishes an important fact for the defense. Brown testified that he saw the first shot fired from about the same place where McRae stood. He saw the smoke pass by the head of McRae as he dropped his hand. He stated that he had a good view of the boat as she came in and of the shooting afterwards. He saw a man killed aboard the boat falling over the railing backwards. He estimated that there were about from 1,200 to 1,500 shots fired from the dock. Bullets were whizzing around the heads of the struggling men in the water.

Mike Loony [Luney] testified that “at the time of the shooting I saw a deputy running half crazy out of the dock by me. When I asked him what was the matter he he replied: ‘The people on the dock are shooting from all directions. I got shot in the ear by a deputy.'”

Another important point was developed in the testimony of Albert [Alfred] Freeman, who was on the boat on November 5. He stated that he was on the lower deck where the piano stood. As the boat came in he could not hear any talking. He heard a shot. When he swung his body out to observe from where the shooting came he saw no one in particular. When he was asked if he had seen a man with his arms up or falling down, he said “No.” The reason he gave for not being able to observe anyone from his line of vision was because the stern of the boat was swung out, and the bulge of the boat obstructed his view. The significance of his testimony lies in the fact that Tracy was identified by the sheriff and one of two more from the spot just above where Freeman claimed to be. If it is true that the witness Freeman could not see anyone on the dock from the boat at that angle of his vision the sheriff could not have seen Tracy or anyone else at the window he indicated.

Rifles Rushed to Dock

C. M. Steel [Steele], owner of an apartment house and grocery, testified that when he was on his way to the dock he noticed several automobiles loaded with guns and rifles rushing to the Everett city dock. He went to the Great Northern railroad bridge, where he could get a clear view of the boat as she landed, and heard a shot, followed by a volley, and instantaneously with the first shot the people aboard rushed to the starboard side, as a result of which the boat tipped and several fell overboard.

Eva [Mabel] Thomas, who was at the Johnson float aboard her husband’s launch at the time of the shooting, stated that the float was located at a point diagonally across from both the Everett city dock, where the Verona landed, and the Everett Improvement dock, and she could get a clear view from where she stood. She confirmed the testimony of previous witnesses regarding the first shot; the rushing of the people to the starboard side of the boat; the tipping of the boat, and the people jumping into the water. In addition she stated that she saw deputies shooting rifles and long-barreled guns. She also saw a man shooting with a rifle from a tugboat which was tied to the Everett Improvement dock. The latter part of her testimony confirms the theory long held by the defense that the shooting claimed as coming from the boat came from deputies who were on the other docks. Her husband, who was with her aboard the launch at the time of the shooting, corroborated her testimony.

A. E [D]. Skinner, who came up from California to testify, stated that somehow he got on the dock not far away from the main warehouse. He saw a number of men with rifles before the shooting began and after. “Some of the men with rifles ran down where I was,” said the witness. “I saw two men constantly firing from the Klatawa slip, and about 15 more shots from various points with long-barreled guns.” He also testified that he saw a man firing a rifle from the cabin of a tugboat which was at the Everett Improvement Company’s dock.

Saw Rifles Distributed

Edward Thompson and his son Ludwig testified that they were at the dock when rifles were distributed among the deputies. They also stated that the deputies on the dock warned them of trouble and told them if they did not want to have their heads blown off they had better leave the vicinity. Thompson and his son went on the beach, from where they observed the shooting, and he substantiated practically every point of the other witnesses’ testimony.

Beverly Park victims upon the witness stand related the onslaught that was made upon them on October 30 after they had been met at the Everett city dock by a group of citizen deputy sheriffs headed by Sheriff McRae and were taken off the boat, searched and escorted to a place where they were made to run the gauntlet. The witnesses testified that the first question McRae asked them was whether they were I. W. W.s, and when “Red” Downing replied that they all were, the sheriff struck him over the head with the butt of a gun. They stated that when they arrived at Beverly Park they were taken out of the auto trucks and were delivered one by one to the citizen deputy sheriffs who were lined up in two parallel lines awaiting their delivery. They told how they were made to run between the two rows of deputies and were outrageously beaten. When some of them fell they were walked upon by the citizen deputies and brutally booted.

Sam Robinson testified that when he had stated to his custodian that he had a constitutional right to speak in Everett the deputy replied: “The hell with the constitution: you are in Snohomish County.”

Saw Men Beaten

Lew Ketchum, Roy Ketchum and his wife, who at the time of the trouble lived at Beverly Park, testified that they heard screams and cries as the men were being beaten. When they came out of the house they saw several deputies whom they knew participating in the beating. They were told to get back into the house or else they too would be beaten. The following day they saw blotches of blood, old hats and pieces of clothing which had been torn off the men, and also corroborated the testimony of the I. W. W.s regarding the shots.

Rev. R. E. Flint and J. P. Marlatt of Everett and Rev. O. E. McGill of Seattle testified that they were out at Beverly the day after the beating occurred, and substantiated the testimony of former witnesses. McGill was permitted to state what was done subsequent to the visit. He told that he had a conference with the ministers and suggested to them that a mass meeting be held at the Tabernacle, where revival meetings had been held, to inform the people of Everett about the free speech fight. He also went to the I. W. W. Hall upon his arrival in Seattle and advised the men to hold a public meeting at Everett at a place where the facts could be presented by them to the public. McGill was at Great Falls, Mont., when he was subpoenaed. His testimony was considered valuable, as it tends to show that other people besides the I. W. W. were anxious to have a mass meeting to learn the facts about the free speech fight. Herbert Mahler corroborated McGill regarding his visit made to the I. W. W., and he stated that the meeting arranged for November 5 was a result of McGill’s suggestion.

The jury, judge, bailiffs, court reporter, the defendant, and the attorneys of both sides went Wednesday morning [April 18] by automobiles to Everett to observe the landmarks of the free speech fight. The cars stopped when they arrived at Beverly Park crossing, where 41 I. W. W. were made to run the gauntlet on the night of October 30. By mutual consent of both attorneys the judge acted as the spokesman. The judge pointed out to the jury spots that are of interest to the trial, among which was the cattle guard over which the men were made to run while they were being beaten.

Jury Visits Everett Dock

When the company reached Everett it was ready for a feed, after which they proceeded to the dock where the shooting had taken place. The jury, at the direction of the judge, examined the effects of the shooting. It inspected the two warehouses both from within and without. Aside from many disfigured bullet holes which are scattered throughout the warehouses several planks have been replaced and painted over. Many holes look like rifle shots. The insides of the warehouses have been shot through with various kinds of firearms. The clock hanging in the warehouse shows evidence of a rifle shot.

The boat was the next object the jury examined. The forward part of the boat looked like it had been struck by a hail of bullets. BB and rifle shots stand out very prominently. The inside of the boat betrays the real shooting. The smokestack was fired at from all directions, and judging from the character of the holes and their sharp and distinct cut they must have been made by high-power rifles.

The next point made clear to the jury were the physical facts concerning the line of vision from where the sheriff stood and the window out of which Tracy, the defendant, was supposed to shoot. Robert Mills, former business agent for the shingle weavers of Everett, was placed at the window in the same position that Tracy was supposed to be when he was seen shooting. Photographs were taken of the position the boat was supposed to have come in, also of the window in which McRae saw Tracy. It might be stated that not only could no one identify a face from where McRae was supposed to have stood, but even the window could not be seen. The jury also went over to the Johnson float to ascertain whether a clear view could be gained of the boat from that point; also went over to the viaduct, as well as to the Great Northern depot for the same reason.

[Photograph added.]

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SOURCE
Seattle Union Record
(Seattle, Washington)
-Apr 21, 1917 (036)
http://digitalcollections.lib.washington.edu/cdm/search/collection/pnwlabor

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
The part of trial describe above is covered on pages 196-202, (although not in the same order as given above):
https://babel.hathitrust.org/cgi/pt?id=mdp.39015002672635;view=2up;seq=202
The removal of the Court to Beverly Park and Everett begins on page 199:
https://babel.hathitrust.org/cgi/pt?id=mdp.39015002672635;view=2up;seq=204

IMAGE
Everett Massacre, Tom Tracy, Trial Photo, ab Mar 5, 1917
https://babel.hathitrust.org/cgi/pt?id=mdp.39015002672635;view=1up;seq=222

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