The next witness after Auspos was Leo Wagner, another poor purchase on the part of the prosecution. He merely testified that a man on the Calista had said that the men were armed and were not going to stand for being beaten up. Objection was made to the manner in which Cooley led the witness with his questions, and when Cooley stated that it was necessary to refresh the memory of the witness, Vanderveer replied that the witness had been endorsed but a few days before and his recollection should not be so very stale.
When this witness was asked what he was paid for his testimony he squirmed and hesitated until the court demanded an answer, whereupon he said:
"I got enough to live on for a while."
William H. Bridge, deputy sheriff and Snohomish county jailer, was the next witness. He stated on his direct examination that the first shot came from the second or third window back from the door on the upper cabin. Black asked Bridge:
"How do you know there was a shot from that place?"
"Because I saw a man reach out thru the window and shoot with a revolver."
"In what position was he when shooting?"
"Well, I could see his hand and a part of his arm and a part of his body and face."
"Who was the man, if you know?"
"Well, to the best of my judgement, it was the defendant, Thomas H. Tracy."