Attorney Moore brought from Auspos the admission that the plea of "Not Guilty" was a true one and he still believed that he and the other prisoners were not guilty of any crime. Yet such are the peculiarities of the legal game that an innocent man can turn state's evidence upon his innocent associates.
After uncovering the previous record of Auspos, he was asked about his "confession" as follows:
"Mr. McLaren and you had reached an understanding in your talk before Mr. Cooley came?"
"Yes sir."
"The question of what you are to get in connection with your testimony here has not as yet been definitely decided?"
"I am going to get out of the country."
"You are not going to get a trip to Honolulu?" asked Moore with a smile as he concluded the cross-examination of Auspos.
"No sir," stammered the tool of the prosecution unconvincingly.
It was at this point that the prosecution introduced several additional leaflets and pamphlets issued by the I. W. W. Publishing Bureau, the principal reason being to allow them to appeal to the patriotism of the jury by referring to Herve's pamphlet, "Patriotism and the Worker," and Smith's leaflet, "War and the Workers."