The Everett Massacre: A history of the class struggle in the lumber industry

by Walker C. Smith

Civil Engineer F. Whitwith, Jr., of the firm of Rutherford and Whitwith, surveyed the dock and the steamer Verona and made a report in court of his findings. His evidence clearly showed that there was rifle, shotgun and revolver fire of a wild character from the interior of the warehouses and from many points on the dock. He stated that there were one hundred and seventy-three rifle or revolver bullet marks, exclusive of the B-B and buckshot markings which were too numerous to count, on the Verona, these having come from the dock, the shore, and the Improvement Dock to the south. There were sixteen marks on the boat that appeared as tho they might have been from revolver fire proceeding from the boat itself. There were also small triangular shaped gouges in the planking of the dock, the apex of the triangles indicating that bullets had struck there and proceeded onward from the Klatawa slip to the open space on the dock where deputies had been stationed. The physical facts thus introduced were incontrovertible.

Defendant J. D. Houlihan gave positive testimony to the effect that he had not spoken privately with "Red" Doran in the I. W. W. hall on the morning of November 5th, that he had received no gun from Doran or anyone else, that he did not have the conversation which Auspos imputed to him, that he had no talk with Auspos on the return trip. All efforts to confuse this witness failed of their purpose.

In verification of the testimony about deputies firing on the Verona from the Improvement Company Dock the defense brought Percy Walker upon the stand. Walker had been cruising around the bay in a little gasoline launch and saw men armed with long guns, probably rifles or shotguns, leaning over a breastwork of steel pipes and firing in the direction of the Verona.

Lawrence Manning, Harston Peters, and Ed. J. Shapeero, defendants, told their simple straightforward stories of the "battle." Peters stated that as he lay under cover and heard the shots coming from the dock he "wished to Christ that he did have a gun." Shapeero told of the wounds he had received and of the way the uninjured men cared for the wounded persons on the boat.

Mrs. Joyce Peters testified that she had gone to Everett on the morning of November 5th in company with Mrs. Lorna Mahler. The reason she did not go on the Verona was because the trip by water had made Mrs. Mahler ill on previous occasions. She saw Mrs. Frennette in Everett only when they were on the same interurban car leaving for Seattle after the tragedy.

Albert Doninger, W. B. Montgomery and Japheth Banfield, I. W. W. men who were on the Verona, all placed the first shot as having come from the dock immediately after the sheriff had cried out "You can't land here."

N. Inscho, Chief of Police of Wenatchee, testified that during the time the I. W. W. carried on their successful fight for free speech in his city there were no incendiary fires, no property destroyed, no assaults or acts of violence committed, and no resistance to arrest.

H. W. Mullinger, lodging house proprietor, John M. Hogan, road construction contractor, Edward Case, railroad grading contractor, William Kincaid, alfalfa farmer, and John Egan, teamster, all of North Yakima and vicinity, were called as character witnesses for Tracy, the defendant having worked with or for them for a number of years.

The defense followed these witnesses with Oscar Carlson, the passenger on the Verona who had been fairly riddled with bullets. Carlson testified that he was not and never had been a member of the I. W. W., that he had gone to Everett with his working partner, Nordstrom, as a sort of an excursion trip, that he had purchased a one way ticket which was taken up by the captain after the boat had left Seattle, that he intended returning by way of the Interurban, and that the men on the boat were orderly and well behaved. He told of having gone to the very front of the boat as it pulled into Everett from which point he heard the first shot, which was fired from the dock. He fell immediately and while prostrate was struck with bullet after bullet. He then told of having entered suit against the Vashon Navigation Company for $50,000.00 on account of injuries received. Robert C. Saunders, of the law firm of Saunders and Nelson, then testified that he was handling the case for Carlson and had made out the affidavit of complaint himself and was responsible for the portion that alleged that a lawless mob were on the boat, Carlson having made no such statement to him at any time.

Charles Ashleigh was recalled to the stand to testify to having telephoned to the Seattle newspapers on November 4th, requesting them to send reporters to Everett the next day. He was followed on the stand by John T. Doran, familiarly known as "Red" on account of the color of his hair. Doran stated that he was the author of the handbill distributed in Everett prior to the attempted meeting of November 5th. He positively denied having given a gun to Houlihan or anyone else on November 5th. Upon cross-examination he said that he was in charge of the work of checking the number of men who went on the Verona to Everett, and had paid the transportation of the men in a lump sum.