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

by Walker C. Smith

"Because I believe in at least trying to maintain law and order in our city."

During the examination of this witness, and at various times thruout the long case, it was only with evident effort that Attorney Vanderveer kept on the unfamiliar ground of the class struggle, his natural tendencies being to try the case as a defense of a pure and simple murder charge.

W. P. Bell, an Everett attorney representing a number of scab mills, a member of the Commercial Club and a deputy on the dock, testified next, contradicting the previous witnesses but throwing no additional light upon the case. He was followed by Charles Tucker, a scab and gunman employed by the Hartley Shingle Company and a deputy on the dock. Tucker lied so outrageously that even the prosecution counsel felt ashamed of him. He was impeached by his own testimony.

Editor J. A. MacDonald of the Industrial Worker was called to the stand to show the official relation of the paper to the I. W. W. and to lay a foundation for the introduction of a file of the issues prior to November 5th. A portion of the file was introduced as evidence and at the same time the state put in as exhibits a copy of the I. W. W. Constitution and By-Laws, Sabotage by Elizabeth Gurley Flynn, Sabotage by Walker C. Smith, The Revolutionary I. W. W. by Grover H. Perry, The I. W. W., Its History, Structure and Methods by Vincent St. John, and the Joe Hill Memorial Edition of the Song Book.

Herbert Mahler, former secretary of the Seattle I. W. W. and at the time Secretary-Treasurer of the Everett Prisoners' Defense Committee, was next upon the stand. He was asked to name various committees and to identify certain telegrams. The unhesitatingly clear answers of both MacDonald and Mahler were in vivid contrast to the mumbled and contradictory responses of the deputies.

William J. Smith, manager of the Western Union Telegraph Company was then called to further corroborate certain telegrams sent and received by the I. W. W.

As the next step in the case prosecutor Black read portions of the pamphlet "Sabotage" by Smith, sometimes using half a paragraph and skipping half, sometimes using one paragraph and omitting the next, provoking a remonstrance from Attorney Vanderveer which was upheld by the Court in these words:

"You have a right to do what you are doing, Mr. Black, but it don't appeal to my sense of fairness if other omissions are as bad as the one you left out. You are following the practice, but I don't know of an instance where there has been such an awful juggling about, and it is discretionary with the Court, and I want to be fair in this case. I want to let them have a chance to take the sting out of it so as to let the jury have both sides, because it is there. Now, Mr. Vanderveer, I am going to leave it to you not to impose upon the Court's discretion. Any new phases I don't think you have the right to raise, but anything that will modify what he has read I think you have the right to."

Thereupon Vanderveer read all the omitted portions bearing upon the case, bringing special emphasis on these two parts: