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

by Walker C. Smith

CHAPTER VII.

THE DEFENSE

The case for the defense opened on Monday morning of April 2nd when Vanderveer, directly facing the judge and witness chair from the position vacated by the prosecution counsel, moved for a directed verdict of not guilty on the ground that there had been an absolute failure of evidence upon the question of conspiracy, any conspiracy of which murder was either directly or indirectly an incident, and there was no evidence whatever to charge the defendant directly as a principal in causing the death of Jefferson Beard. The motion was denied and an exception taken to the ruling of the court.

Fred Moore made the opening statement for the defense. In his speech he briefly outlined the situation that had existed in Everett up to and including November 5th and explained to the jury the forces lined up against each other in Everett's industrial warfare. Not for an instant did the attention of the jury flag during the recital.

Herbert Mahler, secretary of the I. W. W. in Seattle during the series of outrages in Everett, was the first witness placed upon the stand. Mahler told of the lumber workers' convention and the sending of organizer James Rowan to make a survey of the industrial situation in the lumber centers, Everett being the first point because of its proximity to Seattle and not by reason of any strikes that may have existed there. The methods of conducting the free speech fight, the avoidance of secrecy, the ardent desire for publicity of the methods of the lumber trust as well as the tactics of the I. W. W., were clearly explained.

Cooley cross-examined Mahler regarding the song book with reference to the advocacy and use of sabotage, asking the witness:

"How about throwing a pitchfork into a threshing machine? Would that be all right?"

"There are circumstances when it would be, I suppose," replied Mahler. "If there was a farmer deputy who had been at Beverly Park, I think they certainly would have a right to destroy his threshing machine."

"You think that would justify it?" inquired Cooley.