My will is easy to decide,For there is nothing to divide.My kin don't need to fuss and moan—Moss does not cling to a rolling stone.My body? Ah, if I could choose,I would to ashes it reduce,And let the merry breezes blowMy dust to where some flowers grow.Perhaps some fading flower thenWould come to life and bloom again.This is my last and final will.Good luck to all of you,JOE HILL.
My will is easy to decide,For there is nothing to divide.My kin don't need to fuss and moan—Moss does not cling to a rolling stone.
My will is easy to decide,
For there is nothing to divide.
My kin don't need to fuss and moan—
Moss does not cling to a rolling stone.
My body? Ah, if I could choose,I would to ashes it reduce,And let the merry breezes blowMy dust to where some flowers grow.
My body? Ah, if I could choose,
I would to ashes it reduce,
And let the merry breezes blow
My dust to where some flowers grow.
Perhaps some fading flower thenWould come to life and bloom again.This is my last and final will.Good luck to all of you,JOE HILL.
Perhaps some fading flower then
Would come to life and bloom again.
This is my last and final will.
Good luck to all of you,JOE HILL.
"This is the type of man you are asked, because he was honored, because some odd hundred thousand workers who suffer and who wander and who live in the jungles of labor as he did, and because he wrote songs that they understood, songs that because their songs, to judge as the author of the songs and bring in a verdict against Tom Tracy. Mr. Cooley will parade the songs one by one. Remember that behind any words he voices, any thought he expresses, behind it all was a human soul, a human soul passed, a human soul that lived as you and I, a human soulthat had rights that had been trampled upon, and who attempted to voice those things.
"With all the oratory he can display Mr. Cooley will read the song, 'Christians at War.' A song that Mr. Thompson designated as a satire. You recollect that when the European war broke out both parties in that conflict called to their aid and said they were acting under divine guidance; that the Kaiser was fighting under the name of God, and that the British and French governments were allied with the Almighty. It is not for me to attempt a settlement of that dispute. History will say that of all the tragedies of the Twentieth Century, the most tragic thing of our modern life is that we of different nationalities, but bound together by all other ties, should be engaged in a death grapple. But that is not the issue here. But I cannot at this time anticipate wherein and how this literature presented by the State helps you to decide the question of who was the aggressor on November 5th.
Part of 78 prisoners of County Jail Everett Wn. Released May 8, 1917.
"Who was the aggressor on July 31st when James Rowan was arrested and brought into the city court? McRae comes in and tells him to get out of town. An intervening series of events and Levi Remick is run out of town. Who was the aggressor? Sheriff McRae! On August 22nd Rowan and Remick were both in the union hall. McRae comes in and orders them out of town. Who was the aggressor? That night Thompson and others came up to Everett—who was the aggressor then? Next morning, with Kelly treating them half way white, along comes McRae and takes away one of the boy's money. Who was the aggressor? We come now to the deputies meeting at the Commercial Club on August 30th. Who was the aggressor? Had any of their members been beaten up? Had anything happened to their members whatsoever? Not at all! Yet murderous blackjacks were put into the hands of the membership of the club. Was James Rowan the aggressor when he was railroaded out of town and beaten? Who was the aggressor at the time of the 'Wanderer' outrage? Old Capt. Mitten, old John Berg, EdithFrenette? Who was the aggressor with Henig? With Feinberg? With Roberts? You have the testimony of Cannow, you have the testimony of Schofield, you have testimony showing the instructions given to the deputies. No one denies it. Here is a series of acts leading up to October 30th, in which on each and every occasion McRae and his deputies, either regular or citizen deputies, were the aggressors. I said, who were the aggressors? Is there any question in your mind who was the aggressor up to Beverly Park? Any question in God's world who had done the dirty work up to that time? The State would have you believe that the I. W. W., with its membership coming from the four corners of the country, changed complexion practically over night, changed their whole ideas and their methods. I do not believe it and you do not believe it.
"The excuse the State gives for the actions of the deputies is that in the case of large numbers they could not give due process of law. Gentlemen, I refuse to believe that the Government is bankrupt in its capacity to protect itself thru legal and lawful measures of law enforcement. I have yet to sit in a court room and hear a plea on social and governmental bankruptcy such as is the plea of counsel for the State.
"The machinery of the government was there but it was not the kind of machinery that McRae wanted to use. It was not the kind Clough wanted to use. It was not the kind of machinery the executive committee, whoever they were, sitting behind the closed doors of the Commercial Club, wanted to use.
"And these members and leaders of the Commercial Club passed resolutions stigmatizing their own citizens, member of their own community, property owners in their own town, as well as the I. W. W., when they declared for an open shop. How do they stigmatize them? 'Professional agitators!' Yes. Lloyd Garrison was a professional agitator. Wendell Phillips was a professional agitator. The men who fought the battle that lay the ground work that made Abraham Lincoln possible, the men who are at workto better American politics, those men have all been professional agitators.
"Now on the boat they were ninety-nine percent I. W. W.'s, just a few passengers had bought their passage before. On the dock they were all citizen deputies, persons interested therein, and persons satisfactory to the men who had been stationed there to see that nobody but the right ones got on the dock. That means that as far as the first shot was concerned the two classes of witnesses are in some degree interested parties. The State put on a total of twenty-two witnesses, one of them not a deputy, all of whom testified that the shot came, or they thought it came from the dock, and of that number thirty-seven were I. W. W.'s, and twenty-four were not members at all but were Everett people from all walks of life.
"Now counsel is going to discount the value of the testimony of these citizens. Well, Mr. Cooley, we used the only kind of witnesses that you, in all of your care exercised in advance on November 5th, left for us. In the exercise of the highest degree of judicial advance knowledge they saw to it that nobody got any closer to the end of the dock than the landing. We could not help that. You barred us from the dock; you barred us from access to the facts. We did all we could to get the facts, and if we couldn't get any closer it was not our fault. And the man who barred us from access to the facts is the man who is least qualified to come into court now and urge that our witnesses are disqualified in the face of the evidence that they disqualified them. But those witnesses could testify, and they did testify, to the very definite and specific facts—the first tipping of the boat, the rushing of the men, the volley firing, all of those matters.
"At the eleventh hour there came into this case a man by the name of Reese, a member, if you will, of the I. W. W. Back in the Chicago stockyards they have a large pen where they keep the cattle which are to be driven to slaughter. In that place they have had for years a steer that has performed the functionof going into the big pen where all the cattle are, and, after mingling with them, then walking out thru a gate. He is trained to do it, he is skilled at it, this steer—and after walking around with the poor peaceful cattle that don't know they are about to be killed, this steer then goes up an incline, the gate is opened and the other cattle follow, and when he gets to the top of the incline there is a door and he turns to the right thru this door to safety and his followers turn to the left to death. That's George Reese! Proud of him? George Reese, the man who reported day by day with his confederates! To whom? During one period to the Pinkerton agency in regard to the longshoremen's union; during another period on behalf of the Pinkerton Agency to the Commercial Club in Everett. George Reese! A man who doesn't even come under the approximately dignified title of a detective; a man whom Ahern, of his own agency says, 'Well, he wasn't a detective, we used him as an informer.' Informer! A human being that has lost its human color.
"In connection with the testimony of Reese let me call your attention to the Industrial Relations Commission Report, a report that our friends of the Commercial Club had read and knew all about:
"'Spies in the Union: If the secret agents of employers, working as members of labor unions, do not always instigate acts of violence, they frequently encourage them. If they did not they would not be performing the duties for which they are paid. If they find that labor unions never discuss acts of violence they have nothing to report to those employing them. If they do not report matters which the detective agencies employing them can use to frighten the corporation to cause their employment, they cannot continue long as spies. Either they must make reports that are false, in which case discovery would be inevitable, or they must create a basis on which to make a truthful report. The union spy is not in business to protect the community. He has little respect for the law, civil or moral. Men of character do not engage in such work, and it follows that themen who do are, as a rule, devoid of principle and ready to go to almost any extreme to please those who employ them.'
"That is the descriptive adjective, definition and analysis of the character of union informants made by the National Industrial Commission, appointed by President Wilson, and composed of nine men, all men of national standing, three representatives of labor, three representatives of capital and three representatives of the general public. That is their definition, description and classification of that character of testimony.
"Mr. Vanderveer closed yesterday by saying that this struggle, whatever your verdict is, will win. If yours is a verdict of 'not guilty,' Tom Tracy must take up again the job of finding a job, the endless tragedy of marching from job to job, without home, wife or kindred. His offense consists of being a migratory worker. I beg of you to render a verdict that has due regard and consideration for the tragedy of our twentieth century civilization that does not as yet measure out economic justice.
"Your verdict means much. The wires tonight will carry the word all over this land, into Australia, New Zealand and thruout the world. Your verdict means much to the workers, their mothers, their children, who are interested in this great struggle. We are not in this courtroom as the representatives of one person, two persons or three persons; our clients run into five or six hundred thousand. We are here as the mouthpiece of the workers of America, organized and unorganized, and they are all behind our voices.
"Tom Tracy stands here in your control. You are the ones to determine whether or not he shall walk out free, whether or not he shall be branded for all times with the most serious felony known to the law, namely, that of a murderer. Can you find it in the evidence to bring in a verdict of guilty in this case?
Singing to the Prisoners.
"In conclusion, ladies and gentlemen, we want no compromise here. When you retire to your jury room I beg of you not to compromise with anyverdict other than not guilty. We don't want manslaughter in this case, we don't want second degree murder in this case; it is either first degree murder or an acquittal, one or the other. Allow none of those arguments that we, as lawyers, know are made in the juryroom to influence your honest verdict in this case. We ask at your hands, and we believe with all the sincerity of our souls, that the evidence warrants it, we ask a verdict of not guilty for the defendant, Thomas H. Tracy!"
If the speech of prosecutor Black was a whine, that of prosecutor Cooley was a yelp and a snarl. Apologies, stale jokes, and sneers at the propertyless workers followed one another in close succession. The gist of his harangue was as follows:
"In this case I am going to try simply in the closing argument to select a few of the monuments that it seems to me stand out in this case and that point a way to a proper verdict.
"Now, in the first place, a whole lot has been said here as to the nature of the controversy that existed for a number of months before November the 5th, 1916, between two classes of individuals there at Everett. Upon the one side were the people who were living in the city of Everett, who had made their homes there, who had come there for the purpose of carrying out their future destiny in that city. It was their home. Their interests were there. Their families were there. And upon the other side were a class of people who did not claim Everett as their home, who did not come there for the purpose of amalgamating with the citizenship of the city of Everett. They were not coming there because they had work there, nor because they were seeking work there; they were not citizens of Everett, nor were they seeking to become citizens of Everett, and there arose a controversy between the citizens of Everett on the one hand and these people from the four corners of the earth upon the other. The first thing we want to inquire into to find out if we can from the testimony in this case exactly what was the nature of that trouble that existed between them.Why was it that upon the one hand there was a band of people congregated down here in the city of Seattle from all over the land and making one excursion after another, attempting to break into the city of Everett? Why was it that there were citizens of Everett up there seeking to do only one thing, asking only one thing, that these people keep away from Everett?
"Was it a fight to win the right of free speech on the one hand? Was it a fight on the other hand of a group of individuals who were simply seeking to force the open shop? Or was it a fight of a more serious nature on either hand?
"I grant you that the origin of the trouble arose because a man was seeking to speak upon the streets of Everett and he was stopped. But long before November 5th that original incident was lost sight of and forgotten. The controversy had grown to a magnitude that overshadowed the original incident. It was necessary in order that you might understand the situation with which the people of Everett were confronted that you should be apprised of the nature of the organization to which those people belong, that you should be apprised of the nature of the place in the world that they had attained, and that you should be apprised of the nature of their propaganda that they were seeking to inject into the city of Everett and that locality.
"I want to say right here and now that I have the highest regard for organized labor. Labor has the right to organize. There is not any question about it; there is not any dispute about it. Labor has organized and it has made a manful fight, and all down the pages of history you will find that labor, thru its organization and thru its lawful methods pursued under its organization, has gradually bettered its condition.
"It is not a question, and never has been in this case, as to the right of the labor men to organize; the right of the laboring man to use all of the lawful methods for the purpose of bettering his condition. The question in this case is as to whether anyorganization, whether it be a labor organization or any other, has the right to use unlawful methods; whether it has the right, because it may have the power, to use unlawful methods.
"Now there were coming into the city of Everett people representing this organization known as the Industrial Workers of the World. What was the propaganda that they were seeking to introduce there? They put upon the stand their chief exponent in this part of the country, to tell you what their purpose was in coming to the city of Everett, and what the doctrines were that they were teaching to the people that congregated there in the city of Everett. Mr. Thompson was upon the stand for about two days, and he delivered to this jury a lecture, which he says was a resume of three lectures that he gave up there in the city of Everett. He was asked whether or not he talked on sabotage and he told you what he had to say about it. He said sabotage was 'a conscious withdrawal of efficiency, a folding of the arms.' But Thompson says it is never the destruction of property, and yet the organization that sends him out to talk on sabotage puts out right along with him the literature that has been adopted by the I. W. W. as a part of their propaganda, defining what sabotage really is and it gives the lie to Mr. Thompson. It may mean working slow; it may mean poor work; it may mean folding of arms; it may mean conscious withdrawal of efficiency. So far sabotage is legal and anyone has a right to use it. But it may mean the spoiling of a finished product, it may mean the destruction of parts of machinery, it is the destruction of property. 'Sabotage is a direct application of the idea that property has no rights that its creators are bound to respect.' It does not say that certain kinds of property has no rights, but that there is no property that has any rights that are bound to be respected. But Thompson says that is not sabotage.
"Sabotage is what? Where is that old song book? Let us see whether it means simply the folding of the arms. (Cooley dived into a mass ofpamphlets, but being unable to locate the song book he came up with Elizabeth Gurley Flynn's pamphlet on Sabotage, reading from it as follows:) 'Sabotage itself is not clearly defined. Sabotage is as broad and changing as industry, as flexible as the imagination and passions of humanity.' Why, if it consisted simply of a folding of the arms, if it consisted simply of the withdrawal of efficiency, there would not be much flexibility to it, would there, and the passions of humanity would have nothing to do with it? That language means that sabotage means anything that the imagination can devise and the passions of men adopt, if they had the power to use it and get away with it. Oh, it is not wrong! No matter what form it takes it is not wrong, because they say so in their official publication. 'The tactics used are determined solely by the power of the organization to make good in their use. The question of 'right' and 'wrong' does not concern us.' Put the two together. Legality and illegality, those terms have no meaning to a man of the Industrial Workers of the World. Why? Because there is no law that they are bound to respect except the law that is made by them in their own union hall. It is in the song book, 'Make your laws in the union hall, the rest can go to hell.' That is the class of people that we had to deal with, who were coming there to Everett.
Charles Ashleigh speaking at the funeral, of Looney, Baran and Gerlot.
"In Spokane there were twelve hundred convictions upon a valid ordinance, and yet, after they had convicted a hundred of them they didn't stop coming, and two hundred, and two hundred and fifty, and five hundred, and they continued coming there until the city jail of the city of Spokane was filled, until the county jail of Spokane county was filled, until an old deserted school house was filled, and then until an army post jail was filled. A species of sabotage! They weren't willing to accept the verdict of one jury, or ten juries, or of a hundred juries, that they were violating the law. They had made their laws in their union halls and they were going to speak at a certain place, upon a certain street of Spokane; and they were going to compel thecitizens of Spokane to let them speak when they pleased, where they pleased, and say what they pleased; and they kept it up until after Spokane had the expense of a thousand trials and had upon its hands a thousand defendants it began to think it had better yield and let them speak when they pleased, where they pleased and say what they pleased. And Spokane was licked!
"Is it any wonder that the citizens of Everett said 'If you have no regard for law we will meet you on your own ground; we are not going to be bankrupted; we are not going to be hammered into defeat as they were in Spokane; we are not going to have you sabotage us in that manner by your numbers; we are not going to have your people coming from the Dakotas, from Montana, from Oregon, and from all over the various parts of the state of Washington, and camping down on us until we surrender to you. We are going to keep you out of here.' Now, that may not have been strictly legal, but it was human nature.
"There is not hint anywhere in the argument of either counsel for the defense in this case as to what was ever done in the city of Everett by the I. W. W. that would constitute new methods and new tactics. Do you remember the testimony over a period of time there before Labor Day that they allowed them to speak without interference and a meeting was held there and every time they went up with a chip on their shoulder and were not satisfied when no one interfered with them. When they were there speaking on the corner of Hewitt and Wetmore somebody was going around the city of Everett distributing a nasty stinking chemical in the theater building, into the store buildings, into the business houses, into the automobiles. And the paper in the next issue gloats over it and intimates that the reason the officers did not arrest Feinberg was because they were evidently too busy chasing a cat of malodorous tendencies. When Thompson was upon the stand and was being questioned about sabotage and about cats; he could tell you what a cat was, he got a bit halting in his speech when he was asked whatit meant when they said that the claws of the cat had been sharpened, when he was asked what a 'sabcat' meant, but when he was asked as to what a cat of 'malodorous tendencies' was he said he didn't know unless it was a skunk. But by that was meant that the skunk accomplishes sabotage. You never heard of a skunk that did sabotage by simply a withdrawal of efficiency, never!
"Now as to incendiary and phosphorous fires. Fire Chief Terrell tells you that up to the date of September 28th, the date of the first known phosphorous fire in Everett, that up to that time, in all of his experience upon the fire force of the city of Everett, it never had come to his knowledge or observation in any way that a phosphorous fire had ever occurred in the city. It occurred there, known to be a phosphorous fire, and within a period of two months at least two other fires occurred, mysterious, the origin unknown because the fire had progressed to such an extent that no one could tell how it did start."
Mr. Vanderveer: Didn't your detective go to work September 21st?
Mr. Cooley: Yes sir, he did.
"And they would have you believe that the detective was up there setting those fires. That, I know, is an insinuation not supported by any evidence in this case, and the detective wasn't working up there, he was operating down here in the city of Seattle. He was sending his reports to Blain before the Wanderer started out, before the men started out on October 30th, and that goes a good way to explain how it happened how these people were met on these different excursions and were not permitted to come within the city of Everett. They were trying to get into the city of Everett, to use their own judgment, to act on their own initiative, according to instructions that had gone out. And the officers stopped the thing before it started.
"What were they coming to Everett for, these forty-one men who were met? Were they coming to hold a street meeting? Forty-one men, enthusedwith the enthusiasm of the belief in their grand and glorious doctrine that they are teaching, forty-one men starting out as crusaders to carry the gospel of their organization to the benighted of Everett, forty-one going up there to be martyrs, to be beaten for the cause, and nothing else!
"I have told of the tactics and methods advocated, used and encouraged, by this peculiar, particular organization, so you can judge the character, purpose and intentions of the individuals that were seeking from time to time to force themselves into the city of Everett, in order that you may judge the two hundred and sixty that left on the Verona on November the 5th.
"But there is another matter you should likewise take into consideration in determining the character of the individuals of that crowd. Regardless of all environment, regardless of the effect of all legislation, regardless of all social conditions, men are born—not all with the same propensities, not all with the same natural ambitions, not all with the same qualifications, and out of the entire mass of humanity there is a certain percentage that were born without any ambition, born without any incentive; they go thru life without any incentive, constantly tired. Now I am not here to say that all the I. W. W.'s are that kind of people. I am not here to say that because a man is a member of the I. W. W. he is a tramp or a hobo. But there is a class that has been recognized in this country ever since the country existed, a class that don't want to work, that would not work if you gave them an opportunity. These are a percentage, I don't know how large, and I say that every one of these people are members of the I. W. W. organization or should be. Why? Well, in the first place, you don't have to show any qualification for any line of work. You don't have to make proof of anything whatever to become a member of that organization. And is there any inducement for a man who has been drifting here and there, walking the ties, counting the mile posts as he walks from one place to another, to jointhat organization? It gives him a pass upon every freight train that travels the length and breadth of the land. One of the best inducements in the world.
"There is another class of people in this country that are born with criminal instincts implanted in their very natures; they are scattered all over this land and we have them with us and we will always have them with us. There are men who are driven to crime thru misfortune; there are men who commit crime under the influence of environment; but there is a percentage of men who are habitual, natural and instinctive criminals. Now I don't say that because a man is a member of the I. W. W. he is necessarily and instinctively a criminal, but I do say that every habitual, instinctive criminal, who knows that he intends to violate the law upon every opportunity to satisfy his own criminal desire, has every inducement to become a member of that organization.
"There are a few uncontested and undisputed facts in connection with the occurrence at the dock. Jefferson Beard was killed on that dock. No doubt about that! The defendant was on the boat. No question about that! There is no question that the conversation between McRae and the people on the boat occurred substantially in the language that you have heard repeated here by witnesses for the State and for the defense, all agreeing that the conversation preceded the shooting. There is no dispute that McRae turned partially away from the boat and that one of the first three shots fired hit McRae while he was turning. The burden of the whole argument of the defense was that when somebody on the boat saw McRae put his hand on his gun he was justified in shooting. It is not material whether Tracy shot Jefferson Beard or somebody else. It is not material whether Tracy fired a gun or not, provided the evidence in this case satisfies you beyond a reasonable doubt that Tracy was a party to the conspiracy to go up to the city of Everett to violate an ordinance of the city of Everett.
"But have you any doubt that Tracy was seenon the boat? Hogan saw the window and he saw a man with his face at the window shooting in his direction. Hogan wasn't thinking of the exact angle at which the boat was standing to the dock, but he knows he was standing at such an angle to the boat that he could see a man in a certain place on the boat. And he testified he did see him.
"It wasn't Thomas Tracy that was looking out of that window, it was Martin. It wasn't Thomas Tracy dressed for the occasion, it wasn't Thomas Tracy shaven for a picnic, it wasn't Thomas Tracy wearing a Sunday countenance, it wasn't Thomas Tracy gazing placidly out of a mild blue eye! It was Thomas Tracy, alias Martin, with his face drawn down into a scowl of hatred, with his eyebrows lowering over his eyes, gazing at John Hogan, not only gazing at him thru a window, but gazing at him over a gun! And if there is anything that would impress itself into the memory and recollection of a man it is the remembrance of a face filled with venomous hatred, the eyes shooting daggers at you while he is gazing at you over the muzzle of a gun—and you are not going to forget that!
"Counsel for the defense says this is an important trial, that important questions are involved, that the verdict in this case will have a great deal to do with the ultimate future of the working man and organized labor. I don't think that matters of that kind should enter the minds of the jurors in arriving at a verdict, but if it does, I want to supplement what counsel for the defense has said. I want to say that in my mind a verdict in this case will have much to do with the future success and the future advancement of honest labor in every line and in all organizations. It will have much to do with clarifying the situation insofar as this one organization is concerned. Every organization don't preach the doctrines that are preached by this organization, and if this jury by its verdict does not support that kind of method and that kind of procedure it will aid in purifying an organization that otherwise might do a world of good, but as it stands today, uttering thepropaganda that it does, pursuing the tactics that it does it, is a menace not only to society, but is a menace to the welfare of the other labor organizations that believe in pursuing lawful methods, in a lawful manner. This is an important case in that regard.
"I believe that it is a fortunate thing that a jury of King County and a jury from the city of Seattle should have been called to try this case. The seed was not planted in Snohomish County! The plot was not hatched in Snohomish County! It was hatched down here in Seattle. The expedition started out from Seattle, not this one alone but many of them. Seattle was the base, the enemy's base, and it was from here that they started. Just down here almost in sight of this court house is the place where we claim the plot was formed, and it has come back here, and we come into court and lay it at your feet. They returned here, they have brought the case here for trial, and we are satisfied. Now we lay it before you and say,—'As citizens of Seattle do justice to the city of Everett and Snohomish County.'"
With these words ringing in their ears the twelve jurors retired for their deliberations, the court having entered an order discharging from further service the two alternate jurors, Efaw and Williams.
Retiring shortly before noon, the jury consulted for nearly twenty-two hours, taking ballot after ballot only to find that there were some who steadfastly refused to agree to any compromise verdict. Then, shortly after nine o'clock on May 5th, two full calendar months after the start of the trial and just six months to the day from the time of the tragedy of the Verona, Foreman James R. Williams announced the result of their deliberations, and the word sped out to the many hundred thousands who had spent an anxious and sleepless night;
"We, the jury, find the defendant, Thomas H. Tracy, NOT GUILTY!"
"I. W. W. Not Guilty!"
In this headline the daily papers of Seattle, Washington, gave the findings of the jury. With an unbroken series of successful prosecutions of Labor to the credit of the Merchants and Manufacturers Association this, the first great victory for the working class on the Pacific Coast, was a bitter pill for the allied employers and open shop interests to swallow.
With Tracy freed and the I. W. W. exonerated, there was nothing for the Snohomish County officials to do but to release the rest of the free speech prisoners. Yet the same contemptible spirit that had marked their actions from the very start of the trouble led them to hold the prisoners for several days and to try to make a few of the men think that there would be a trial of a second prisoner.
Part of the men were released in Seattle and part in Everett. All went at once to the I. W. W. hall upon gaining their freedom, and from there nearly the whole body of released men went to Mount Pleasant cemetery to visit the graves of their dead fellow workers.
Returning to the hall, those who had previously been delegates, or who had fitted themselves for the work while in jail, immediately took out credentials and started on an organizing campaign of the Northwest, with the uniting of the workers in the lumber industry as their main object.
The dearth of workers due to the war, the tremendous advertisement the I. W. W. had received because of the tragedy and the trial, and the spirit of mingled determination and resentment that had grown up in the jail, made the work easy for these volunteer organizers. Members joined by the dozen, then by the score, and finally by the hundreds.
Gus Johnson Felix Baran John Looney
Hugo Gerlot Abraham Rabinowitz
Seattle had but two officials under pay on November 5th—Herbert Mahler, secretary of the I. W. W., and J. A. MacDonald, editor of the Industrial Worker. By July 4th, 1917, one year from the time of the loggers' convention at which there were only half a hundred paid up members, the I. W. W. in Seattle had thirty people under pay, working at top speed to take care of the constantly increasing membership, and preparations were under way to launch the greatest lumber strike ever pulled in the history of the industry with the eight hour day as the main demand. That strike in which thousands of men stood out for week after week in the face of persecution of every character, in the face of raids upon their halls and the illegal detention of hundreds of members by city, county, state and federal agents, and in the face of deportations by mobs of lumber trust hirelings, deserves a volume to itself.
This activity in the lumber industry reflected itself in all other lines, particularly so in construction projects all over the Northwest. Demands for literature, for speakers, for organizers, flooded the offices of the organization and many opportunities to organize had to be passed by simply because there were not enough men capable of taking up the work.
Part of this growth was of those who had interested themselves in the trial. Many of those who had gone on the witness stand for the defense afterwards took out membership cards in the I. W. W. The women of Everett,—considerably more inclined toward revolutionary ideas than the men there, by the way,—were among the first to ask for a "red card."
Too great praise cannot be given to those who voluntarily gave their services to the defense and thus helped to bring about a verdict of acquittal. Thru the work of Mr. A. L. Carpenter a great deal of valuable information was secured and it was thru his efforts that Deputy Joseph Schofield was brought from Oregon to testify for the defense. For his activity on behalf of organized labor Mr. Carpenter received the rebel's reward—he was discharged fromhis position as district manager of a large corporation. Scores of Everett citizens gave splendid assistance to the defense, asking only that their names be withheld on account of the Commercial Club blacklist.
All persons directly in the employ of the defense proved their worth. Deserving special mention in their work of investigation were Rev. T. T. Edmunds, W. A. Loomis and John M. Foss. The Reverend Edmunds, being no follower of a "cold statistical Christ" and having more of humanitarianism than theology or current religion in his makeup, was able to gain information where many another investigator might have failed. The expert services of Loomis were of no less value, while the particular merit of the work of John Foss was that he went to Everett immediately after the catastrophe, at a time when chaos still reigned and when the blood-lust of the deputies had not yet completely given way to craven fear, and worked there night and day until a verdict of acquittal for his fellow workers was practically assured. Both as an investigator and as correspondent to the I. W. W. press, C. E. Payne, familiarly known as "Stumpy," proved himself invaluable. Charles Ashleigh handled the publicity for the Everett Prisoners' Defense Committee in an able and efficient manner, while to Herbert Mahler credit is due for the careful and painstaking handling of the large fund raised to fight the case thru the courts.
"Justice" is an expensive luxury in the lumber kingdom. Independent of the large amount of money spent directly by individuals and by branches of the I. W. W. the cost of the verdict of acquittal was $37,835.84. Nearly thirty-eight thousand dollars! Thirty-eight thousand dollars to free innocent workers from the clutches of the law! The victims in jail and the murderers at liberty! But then, the last thing expected of "Justice" is that it be just.
Whence came the fund that, as a token of solidarity, set the free speech prisoners at liberty? In the financial statement of the Everett Prisoners Defense Committee it is set forth in full. Summarized, thisreport shows that Labor united in the defense of the prisoners, that, while this case was more largely financed directly thru the I. W. W. than any other trial of the organization, there were many and generous contributions from local unions of the American Federation of Labor, from the Workers' Sick and Death Benefit Fund, from various other working class societies and from sources so numerous as to make special mention impossible. But these receipts varied from a dollar bill sent by "A poor Working Stiff" from North Bend, Oregon, to a donation of $3.75 from the Benevolent Society for the Propagating of Cremation at Yonkers, New York.
Hundreds of dollars were raised in Seattle by the I. W. W. thru smokers, dances, theatrical benefits, entertainments and collections by speakers who told the story of Bloody Sunday before societies of every kind and character. The Dreamland Rink meetings, attended in every instance by thousands of people, were the means of bringing hundreds of dollars to the defense. A considerable fund was raised directly within the organization by the sale of embossed leatherette membership card cases issued in memoriam to the martyred dead. In Seattle notable service was rendered by the International Workers' Defense League.
May First at Graveside of Gerlot, Baran and Looney.
The nature of the case demanded heavy expenditures unlike those required in any of the previous trials in which I. W. W. members were involved. Many of the witnesses were men who had beaten their way from long distances thru storms and snow to be in readiness to testify in behalf of their imprisoned fellow workers, and most of these had to be maintained at a relief station until called upon the stand. The care of the wounded was an added item, and there were many necessary expenditures for the big body of prisoners held as defendants. To each of the men who was released at the end of the six months imprisonment there was given a sum of $10. Owing to the sweeping nature of the conspiracy charges and because of the large number of witnesses endorsed by the State, all of whomrequired investigation, there was a large sum required for use in taking these necessary legal precautions. Heavy charges were also made for the work of the stenographers who recorded the evidence, this being an item borne by the State in most parts of the country. The totals of these expenditures were as follows:
A balance of $521.64 was sent to the General Headquarters of the I. W. W. and this, with $581.36 which remained in the General Office from the sale of voluntary assessment stamps, was set aside as a fund to be used for the maintenance of Harry Golden, Joseph Ghilezano and Albert Scribner, three of the boys who were seriously injured on the Verona.
The financial report was audited by E. G. Shorrock and Co., certified accountants, and by a committee composed of Harry Feinberg and J. H. Beyer, representing the prisoners, C. H. Rice, representing the Seattle unions of the I. W. W., and General Executive Board member, Richard Brazier, representing the General Headquarters of the I. W. W. The statement made to contributors to the fund concluded with these expressive words:
"On behalf of the defendants, and the Industrial Workers of the World, we take this opportunity to express our grateful appreciation to all contributors, and to all the brave men and women who assisted us so nobly in this great struggle to save seventy-three workingmen from a living death at the hands of the Lumber Trust and the allied commercial bodies of the Pacific Coast.
"It was the solidarity of the working class, and that alone, which brought about this great victory for labor, so let us turn fresh from victory, with determined hearts and unquellable spirit to unflinchingly continue the struggle for the liberation of all prisoners of the class war, remembering always that greatest expression of solidarity, 'An injury to one, is an injury to all.'
"THE EVERETT PRISONERS DEFENSECOMMITTEE.THOMAS MURPHY,CHARLES ASHLEIGH,WM. J. HOUSER,RICHARD SMITH,HERBERT MAHLER, Sec'y-Treas."Seattle, Wash.,June 12th, 1917.
"THE EVERETT PRISONERS DEFENSECOMMITTEE.
THOMAS MURPHY,CHARLES ASHLEIGH,WM. J. HOUSER,RICHARD SMITH,HERBERT MAHLER, Sec'y-Treas."
Seattle, Wash.,June 12th, 1917.
The facts in this case speak pretty well for themselves. To draw conclusions at length would be an impertinence. He who runs may read the signs of decay of Capitalism, the crumbling of a social system based upon the slavery and degradation of the vast majority of mankind. And from the lips of the prosecution counsel—the Voice of the State—we have the open and frank acknowledgement of the bankruptcy of law and order, the failure of government as it is now administered.
It is no part of this work to attack The Law. The Law is august, majestic in its impartial findings and the equality of its judgements, always however with due allowance for those subtle distinctions so incomprehensible to the masses which exist between high finance, kleptomania and theft. The Law strips no one of his possessions; under its beneficent reign the rich retain their wealth and the poor keep their poverty. Founded on dogma and moulded by tradition, The Law stands as a mighty monument to Justice. It is ever in this way that we show our respect and reverence for the dead. Being an outgrowth of precedent it gains added sanctity with each fresh proof of antiquity, differing in this regard from automobiles, eggs, women, hats, the six best sellers, and the commoner things of life. Surrounded by mysticism, surcharged with the language of the dead, and sustained by force, who is there would have the temerity to question the sanctity of The Law?
It remained for Attorneys Black and Cooley—and not for the outcast industrial unionists, socialists or anarchists—to charge that The Law is a bankrupt institution, and it was for the citizen-deputies—and not for the despised workers—toprove the truth of the indictment. Truly Society moves in a mysterious way its blunders to reform!
With the true logic of the counting-house Cooley admitted that the mill owners had formed a mob to protect themselves from the rabble, they had pursued illegal methods to prevent the breaking of The Law, they had jailed men in order to preserve Liberty, they had even blacklisted union men in order to give to every man the right to work where, when and for whom he pleased. There is no escaping such logic if one owns property. Of course those who possess no property are the natural enemies of property, and law being based upon property, they are defiers of The Law, and Society being upheld only by observance of The Law, they are the foes of Society. It is not best to kill them in too large numbers for they are useful in doing the work of the world, but they must be kept in fear and trembling of The Law and made to respect it as sacred and inviolable, even if we do not. So argued Black and Cooley.
But the whine of Black, the snarl of Cooley, the moody silence of Veitch, alike served as a confession that "law and order" was a failure. The plea of the State was that all law is the creature of property and when the power of the law proves inadequate in its function of protecting the accumulations of wealth the possessors of property are justified in supplementing The Law with such additional physical or brute force as they can muster, or in casting aside The Law altogether, as it suits their convenience. To the workers The Law must remain sacred while to the leisure class Property is the thing to worship, for however much robbery is to be condemned, the proceeds of robbery are always to be respected.
Their further contention was that the streets are for traffic, for maintaining commerce, in other words to aid in the gathering of property and to enhance the property values already cleared. Out of the graciousness of their hearts the business men and employers allow the pedestrians to use the streets incidental to the purchase of goods or to journey toand from their tasks in the factories, mines, mills and workshops. That the streets might be used for social, religious, political or educational purposes does not enter their calculations, their ledgers carry no place for such entries on the profit side. Free speech is tolerated at times provided nothing of importance is said.
Two trials were going on in the court room at the same time; that of Thomas H. Tracy and the I. W. W. before a property-qualified jury, and that of the existing system of law enforcement before the great jury of the working class. And just as surely as was the verdict that of acquittal for Tracy and his union, was there a most decided judgment of Guilty upon "law and order." For Tracy was not freed by the law but by the common sense of the jury who refused to consider him guilty and viewed him as a class rather than as an individual. Under the existing conspiracy laws he might well have been considered technically guilty. But "law and order" technically and otherwise was proven guilty, and the charge that Capitalism is guilty of first degree murder, and a host of other crimes, was clearly proven.
Why? Why all the brutality depicted herein? Why?
The answer is that we are living in an insane social system in which money ranks higher than manhood.
To be more specific the outrages at Everett had their roots in the belief that the men who labor, and especially the migratory and the unskilled element, form an inferior caste or class to those who exploit them. The dominant class viewed any attempt to claim even the same civil rights as an assault upon their supremacy and integrity,—this to them being synonymous with social order and civilization. This is always more evident where a single industry dominates, as evidenced by the occurrences at Ludlow, in the coal district, Mesaba in the iron ore section, and Bisbee where copper is the main product.Everett controlled by the lumber interests clinches the argument.
A community dominated by an industry, impelled by a desire for high profits; or under the spell of fear or passion, whether justified or not, cannot be restrained by law from a summary satisfaction of its desires or a quieting of its apprehensions. Before such a condition the fabric of local government crumbles and lynch law is substituted for the more orderly processes designed to attain the same end. The Everett outrages were no example of the rough and ready justice of primitive communities. The outlaws were in full possession of local government, legislative, judicial, and executive, yet they fell back upon brute force and personal violence and attempted to protect the lumber trust profits by tactics of terrorism.
Insofar as the law can be wielded for their immediate purpose a capitalistic mob, such as these at Everett, will clothe their violence in the form of ostensible legal process, yet often the letter and the spirit of their own class-influenced laws will be ruthlessly thrust aside. They want law and order, efficacious, impartial, august, in the eyes of the general citizenry, but they want exemption of their class from the rule of the law on certain occasions. Strongly would they deny that all law is class law, made, interpreted and administered in behalf of a privileged property-owning class, yet the facts bear out this contention.
The conception of impersonal and impartial legalism has been generally accepted along with traditional moral opinion and the naive belief in the excellence of competitive, individualistic, and unrestrained business. But this historical case has proven,as nothing else could prove, that these bonds are relaxing and the faith and formulas underlying the whole legal establishment are the subject of attack by an increasingly large and uncompromising army of dissenters.
From the developments of the Everett situation one can sense the rising tide of industrial solidarity. It was the unity of the workers that won the great case. It will be the unity of Labor that will win the world for the workers, just as the embryonic democracy of the toilers in its blind groupings has already cracked the shell of the industrial autocracy of the present day.
At present we are at the parting of the ways. There is not sufficient faith in the Law to hold the dying wage system together and there is not a sufficiently clear conception of the solidaric ideal of a new society to bind the rebellious elements to a definite program. So chaos reigns in society and events like those at Everett may be expected to arise until the struggle of the exploited takes on a more constructive form and develops the necessary power to overthrow capitalism and all its attendant institutions.
Industrial unionism is the only hope of the disinherited and dispossessed proletariat. It is the voice of the future. It spells at once Evolution and Revolution. Its assured success means an end to classes and class rule and the rearing of a race of free individuals.
The strength of the workers is in industry. Every worker, man, woman or child, has economic power. The control of industry means the control of the world.
He who strives to bring the workers closertogether so that their allied forces in an industrial organization may overthrow the wage system and rear in its place an Industrial Republic in which slavery will be unknown and where joy will form the mainspring of human activity, pays the highest homage to those who, in order that the spirit of Liberty might not perish from the land, gave their lives at Everett, Washington, on Sunday, November 5th, 1917: