"Then when these men left they were determined?" inquired Black.

"Yes, determined that they would uphold the spirit of the Constitution; if not, go to jail. There were men in Everett who would refuse the right of workingmen to come and tell the workers that they had a way whereby the little children could get sufficient clothing, sufficient food, and the right of education, and other things which they can only gain—how? By organizing into industrial unions, sir, that is what I meant. We do not believe in bloodshed. Thuggery is not our method. What can a handful of workers do against the mighty forces of Maxim guns and the artillery of the capitalist class?"

"Did you consider yourself a fighting member?" questioned Black.

"If you mean am I a moral fighter? yes; but physically—why, look at me! Do I look like a fighter?" said the slightly built witness.

"Did you or did you not expect to go to jail when you left Portland?" asked the prosecutor.

"My dear Mr. Black, I didn't know and I didn't care!" responded Wimborne with a shrug of his shoulders.

Wimborne joined the I. W. W. while in the Everett County Jail.

Michael J. Reilley, another of the defendants, testified as to the firing of the first shot from the dock and also gave the story of the death of Abraham Rabinowitz. Vanderveer asked him the question:

"Do you know why you are a defendant?"

"Yes, sir," replied Reilley, "because I didn't talk to them in the city jail in Seattle. I was never picked out."