"* * * At different times, the evidence will show, Sheriff Donald McRae and other peace officers of the city of Everett, including Mayor Merrill, received anonymous letters, and also received direct statements from the I. W. W. that they would get them; and, as one speaker put it, he says 'Sheriff McRae will wake up some day and say '"Good morning, Jesus!"'
Black continued his recital of events, admitting the "Wanderer" incident, but he tried to sidestep the criminal actions at Beverly Park.
"Now, there happened at Beverly Park an incident that the State in this action doesn't feel that it has anything to do with this particular cause."
Ironical laughter at this juncture caused the removal of several spectators from the courtroom. So disconcerted was Black that he proceeded to give away the real cause of action against the I. W. W.
"The I. W. W. organization itself is an unlawful conspiracy, an unlawful conspiracy in that it was designed for the purpose of effecting an absolute revolution in society and in government, effecting it not by the procedure of law thru the ballot, but for effecting it by direct action. The I. W. W. meant to accomplish the change in society, not by organization as the labor unions hope to get higher wages, not to get into effect their theory of society by the ballot, as the Socialists hope, but that they expressly state that the election of a Socialist president will accomplish no good, and that sabotage should be employed against government ownership as well as against private production, so that directly they might put into effect their theories of government and society."
The defense reserved the right to make their opening statement at the close of the prosecution's case, thus leaving the state in the dark as to the line of defense, and forcing them to open their case at once.
Lester L. Beard and Chester L. Beard, twin sons of the deceased deputy sheriff, testified as to the condition of their father's clothing, Attorney Vanderveer drawing from Lester Beard the admission that his father was an employment agent in Seattle in 1914.
Following them, Drs. William O'Keef Cox, H. P. Howard, and William P. West testified to having performed an autopsy on Beard and described the course of the bullet upon entering the body. Dr. West was an armed guard at the land end of the City Dock on November 5th, Dr. Cox was also on the dock as a deputy, and Dr. Howard carried a membership in the Commercial Club. They were the physicians present when the autopsy was performed.
The next witness, Harry W. Shaw, a wood and coal dealer of Everett, admitted having joined the citizen deputies because of a call issued by the sheriff thru the Commercial Club. Shaw went to the dock on November 5th, carrying, as he claimed, a revolver with a broken firing pin which he had hoped to have repaired on that Sunday on the way to the dock. He was close to Beard when the latter fell and helped to carry him from the open space on the dock into the warehouse. He afterward accompanied Beard to the hospital in an automobile and returned to the dock with Beard's unfired revolver in his possession. He swore that he had seen McRae sober three times in succession! When asked by Attorney Moore he gave an affirmative answer to this pertinent question:
"You knew that the matter of the enforcement of the city ordinances of Everett was peculiarly within the powers of the police department of the city, didn't you?"