Rebel Voices
Page 25
Then, on October 30, occurred an outrage greater than all the preceding ones—an outrage exceeded only by the wanton murder of the I.W.W. men on the steamer Verona. Forty-one I.W.W. men, entirely unarmed and accused of no crime, were taken from a boat on which they were passengers, and at the point of guns, were searched and abused by a mob of deputized drunks. They were then thrown into automobiles and with armed guards, who outnumbered them five to one, were taken to a lonely country spot, where they were forced to run the gauntlet of the vigilantes who rained blows upon their unprotected heads and bodies with saps, clubs, pickhandles and other weapons. In this mob of 200 fiends were lawyers, doctors, business men, members of the chamber of commerce, “patriotic” militiamen, ignorant university students, deputies and Sheriff McRae. As a result of a peaceable attempt to assert a constitutional right, forty-one members of the I.W.W. were sent to Seattle hospitals, with injuries ranging from dangerously severe bruises to broken shoulders.
The answer of the I.W.W. to this damnable act of violence and to the four months of terrorism that had preceded it was a call issued through the Industrial Worker for two thousand men to enter Everett, there to gain by sheer force of numbers that right of free speech and peaceable assemblage supposed to have been guaranteed them by the constitution of the United States. Then came the tragedy on the steamer Verona.
The prosecution made its first legal move on Friday, November 10, when forty-one men were singled out, heavily handcuffed and secretly transported to Everett. They are charged with first degree murder. The other men are held on the technical charge of unlawful assembly, pending the filing of more serious charges.
The defense of the men will be undertaken by lawyer Fred H. Moore, assisted by Judge Hilton, Arthur Leseuer, Col. C. E. S. Wood and local Seattle attorneys, according to present advices.
The prosecution is backed by the Chamber of Commerce, the Commercial Club, the Employers’ Association, the Lumber Trust and other upholders of the open shop. These men will stick at nothing to convict the prisoners so as to cover the murders committed by their hirelings.
An immediate and generous response is the only means of preventing a frame-up and wholesale conviction of these men. They have fought their class war. Are you game to back them up financially? Let your response go at once to the
DEFENSE COMMITTEE,
Box 85, Nippon Station, Seattle, Wash.
8
This one-act skit, privately printed by the author, Walker C. Smith, is included in the I.W.W. files in the Labadie Collection. Former I.W.W. acting secretary-treasurer Peter Stone writes: “I believe it was during the Everett Trial that we put on the mock trial. Both Fred Moore and George Vanderveer, the real defense attorneys, were in the audience. The occasion was one of the regular monthly smokers that we in Seattle put on to help out on expenses. The smokers consisted of four three-round boxing bouts; a voluntary professional performer; a propaganda talk by James P. Thompson or Kate Sadler, and usually a propaganda sketch. These sketches were reasonable facsimiles of a one-act play, but more often than not they were built around scenes in the ‘jungles’ The format consisted of at least one ‘hoosier to bring up the standard cliches against unions and the I.W.W. in particular, and the Wobblies answering these arguments, sometimes interspersed with a Wobbly song or two…. The occasion on which Walker Smith’s kangaroo court was put on was just such a smoker, preceded by three boxing bouts” (letter to JLK, February 3, 1964).
THEIR COURT AND OUR CLASS
A One Act Sketch
By WALKER C. SMITH
Scene—A Courtroom, with a judge, clerk, sheriff, prosecuting attorney, prisoner, prisoner’s counsel, three witnesses, jurymen, spectator and messenger boy.
Place—Everett, Wash.
Time—Early in 1917.
JUDGE (enters Courtroom from his chambers after all others are in proper position. He takes his seat.)
COURT CLERK—Hear ye! Hear ye! The dishonorable Court of Snohomish County is now in secession. (Turns to jury, who rise). Do you solemnly swear to hear no evidence in this case favorable to the accused and to render a verdict of Guilty? (pause) Before this dishonorable court comes now the case of the City of Everett, State of Degradation, plaintiff, versus A. WISE WOBBLY, defendant; and (monotone) Therefore, to wit and whereas and in the manner heretofore described and all other statements to the contrary notwithstanding, the defendant, A. WISE WOBBLY, stands arraigned and accused and is arraigned and accused before the dishonorable Bar of this Court of Injustice in that he did feloniously and with malice aforethought and otherwise with deliberation cause the death and demise of A. MUTT and B. JEFF, to wit, by dodging, twisting, turning, shifting and otherwise evading bullets intended for his person and by so doing in the manner heretofore described did cause said bullets to enter the persons of the said Mutt and Jeff thus slaying, murdering, killing, putting to death, taking the life and otherwise bringing about the decease of the aforesaid Mutt and Jeff.
PROSECUTING ATTORNEY (stepping pompously forward) As an amendment to this charge, your Honor, I wish * * *
COURT CLERK (interrupting) Do you solemnly swear to tell the truth, the whole truth, and nothing but the truth, so help you God?
PROSECUTING ATTORNEY (angrily) Certainly not! Why, I’m the prosecuting attorney in this case!
CLERK (humbly) My mistake. Of course you won’t.
PRISONER’S COUNSEL (addressing the Court)—I move, your Honor, that the indictment be dismissed as vitally defective in that it lacks the constitutionally required number of “whereases,” and has a misplaced comma in the third line.
JUDGE (after due reflection) Motion denied; exceptions granted.
PROSECUTOR—In opening this memorable case I wish to emphatically state that we have such overwhelming evidence that it will be entirely unnecessary for me to say more than a few brief words to you gentlemen of the jury—you six good men and true who represent the sum total of the intelligence of the universe and who have sworn to uphold the noble motto of Snohomish County “In Lumber We Trust.” In the name of the fair women of this great state, I ask you gentlemen of the jury to remember that each one of you has a dear mother who used to hold you in her arms and kiss your little feet and therefore it is your manifest duty to bring in a verdict of GUILTY against this defendant who would tear down the palladium of our liberties and destroy the inalienable right of the scab to work long hours for short wages. Shall we haul down the Stars and Stripes that now float proudly o’er the county jail? Shall we admit that the Statue of Liberty is hollow and the Liberty Bell is cracked? Did our brave boys in yellow give their lives in vain during the Spanish-American war against Armour’s pork and beans? I appeal to that lofty spirit of patriotism which should swell the bosom of every property owner, gentlemen of the jury,—it is unpatriotic and un-American to bring in a verdict of NOT GUILTY when a working man is on trial. Look at the hardened prisoner, gentlemen! He has callouses on his hands! I tell you he is as guilty as Hell! (pause) I will now call my first witness, a man who has furnished the guiding spirit to our noble Commercial Club, whose thoughts control our daily press, whose philosophy supports our entire social system, and whose ideas pervade the whole history of jurisprudence—Mr. Ananias.
CLERK—Do you solemnly swear to tell the truth, the whole truth and nothing but the truth, so help you Jesus?
(Witness assents.)
PROSECUTOR—Mr. Ananias, will you kindly state to this dishonorable court exactly what you do and do not know about this violent I.W.W. invasion into peaceful and law-abiding Everett?
ANANIAS—In Everett, Washington, on Sunday, November fifth, Nineteen hundred Sixteen, at 2 p.m., with about 300 others, I was on the Municipal Dock lying down behind * * *
PRISONER’S COUNSEL—Object! your honor, the witness by his own admission is in the habit of lying.
JUDGE—Objection overruled! That is why the witness is here!
PROSECUTOR—Tell the court what you saw from your reclining position on the doc
k.
ANANIAS—I saw the Verona steam up to the dock and there was a crowd of I.W.W.’s on board. This man (indicating the prisoner) was one of the leaders.
PROSECUTOR—How do you know he was a leader?
ANANIAS—Because they were ALL leaders. (Continuing story) Cold chills ran down my spine * * *
PRISONER’S COUNSEL—Object, your honor, the spine is not in evidence.
JUDGE—’Bjection overruled. Proof of a spine is not necessary. The witness is acting for the state. (To witness) Proceed.
ANANIAS—As I was saying, cold chills ran down my back when I saw this mob, armed to the teeth (general gasp from all present and low cries of Oh! Oh!) armed to the teeth with 250 copies of the little red song book, 6 copies of the Industrial Relations Commission Report and four chair legs. (Looks of horror on faces of jurymen) This man (indicating prisoner) had a song book in one hand and a chair leg in the other and when he finished singing the I.W.W. battle hymn “Hold the Fort!” he cried out in a loud voice, “Give me Liberty or give me Death!” There was no liberty in Everett to give him, so the deputies started to give him death. I saw him deliberately dodge several bullets from the Improvement dock to the South and these bullets struck and killed Mr. A. Mutt and Mr. B. Jeff. The other men also dodged, but they were not so fast and we got five of them and wounded a lot of others. The shooting from the other dock made it kind of dangerous.
PROSECUTOR—You are of the opinion, then, that the defendant is guilty? ANANIAS—Of course, I am. He is a member of the I.W.W.
PRISONER’S COUNSEL—I move that all this testimony be stricken out on the ground that it is incompetent, irrelevant and immaterial, and that the jury be instructed to remember that they never heard it.
JUDGE—The Court declares a recess to take the matter under advisement and to get a drink. The sheriff will see that no one favorable to the defendant be allowed to speak to the jury, and will shoot the prisoner if he attempts to talk at all.
(Judge turns his back and takes a drink. Sheriff takes a flask from his hip and refreshes himself. Prosecutor slips each juryman a cigar. Clerk piles books on Judge’s desk and Judge peruses same.)
JUDGE (rapping on desk) Following the celebrated precedent set by Chinwhiskers, Justice of the Peace in Sagebrush Township, State of North Dakota, Anno Domini 1863, see Reports and Digests, North Dakota Revised Statutes, 1864 to 1865, in the case of John Farmer versus Roughneck, in which evidence was stricken on the ground that an idea was introduced; reaffirmed in the case of Scissor versus Rebel in which evidence of the respondent was thrown out because he said what he meant and meant what he said, Federal Proceedings, volume 213, year 1862: therefore I rule that the portion of the evidence regarding the killing and wounding of workers be stricken out and that the jury dismiss it from their minds under penalty of Contempt of Court.
PRISONER’S COUNSEL—Mr. Ananias, you admit that you were lying on the dock. Are you not doing the same in this court-room?
ANANIAS—(flustered) Y-Yes.
PRISONER’S COUNSEL—That is all!
PROSECUTOR—I will now call my next witness, the famous defective, William J. Arson.
CLERK—Do you solemnly swear not to tell the truth or anything like the truth, so help you God?
(Witness assents.)
PROSECUTOR—Kindy tell the court, Mr. Arson, just what misinformation you have gathered together in regard to this Everett affair. ARSON—I was at the City Dock when the Verona pulled in and I seen this here prisoner and he had a stick of wood in one hand and a dangerous lookin’ book in the other, so help me O’Higgins. He was singin’ “Onward Christian Soldiers” in an incendiary and riotous tone of voice. We started shootin’ at him and so did our men on the Improvement dock. I seen him duckin’ the bullets and two of the deputies was killed. Lots of shootin’ was did, but we killed only five of them fellows on the boat. I reckon we had been drinkin’ too much and our aims was poor. Of course the men on the boat was armed.
PROSECUTOR—You state that the men on the Verona were armed. Were they better armed than the deputies on the docks?
ARSON—Sure they was. We had only guns and bullets and booze on our side and the I.W.W. fellows was armed with Truth and Courage and Solidarity.
PROSECUTOR—Mr. Arson, you state that five men on the Verona were killed. When did you first learn of this fact?
ARSON—On the evenin’ of November 5th in the Commercial Club we all got together to fix up our stories and a telegram come in from Seattle sayin’ five was dead and twenty-five wounded on the boat. We all jumped up and down and yelled “Goody! Goody! We got five of them!” I tell you us detectives and scabs and open-shoppers was sure some happy at the good news.
PROSECUTOR—Are you sure, Mr. Arson, that this story is correct in all its details?
ARSON—Sure I am. Ain’t I done rehearsed it enough times!
PRISONER’S COUNSEL—Mr. Arson, you state that the defendant was singing “Onward Christian Soldiers” while the preceding witness stated under oath that he was singing “Hold the Fort.” Which one of you is lying?
ARSON—Both—I mean neither. It’s the same song only different. It’s called the “Marseillaise,” and it says: “To arms! To arms! Ye brave!” Mr. Prosecutor and Judge, your honor, I object to the insinuatin’ questions of this here attorney. My hearin’ ain’t very good, nohow, and I don’t understand music.
PRISONER’S COUNSEL—This means in plain English—
PROSECUTOR—Object!! Your honor! I object!!
JUDGE—’Bjection s’stained.
PRISONER’S COUNSEL—Mr. Arson, do you believe in Capital Punishment?
ARSON—Of course! It was good enough for my father and I reckon it’s good enough for me.
PRISONER’S COUNSEL—DO you understand the nature of an oath, Mr. Arson?
ARSON—Sure! Ain’t I heard Sheriff McRae talk to the I.W.W. prisoners?
PRISONER’S COUNSEL—Mr. Arson, your testimony is worthless. You have sworn to tell the truth and yet you have addressed the Judge as “Your Honor.” Take the witness, Mr. Prosecutor.
PROSECUTOR—Mr. Arson, I understand that you were slightly wounded in this affair. Here is one of your photographs. For the benefit of the jury please mark the exact spot in which you were wounded. (Hands Arson photograph.)
ARSON— (After looking at photograph) I can’t mark it on this here picture, this is a front view.
PROSECUTOR— (Disgusted). That is all, Mr. Arson. (Addresses Court). Together with the testimony thus far given on behalf of the Lumber Trust, gentlemen of the jury, I call to your attention the fact that the men who founded this glorious country came here to worship God in their own way and to force others to do the same and this proves the guilt of the accused. In the sainted name of Anthony Comstock, I ask you to vote Guilty! Think of the ragged and starving soldiers at Valley Forge who were forced to steal in order to repeal the tax on tea; then consider that this prisoner and his 73 associates have had free board and steam heat in the cozy cells of our magnificent jail at the expense of the poor and struggling taxpayers of this beautiful community. This prisoner has failed to appreciate all the efforts Society has made in his behalf. We have given him municipal ownership of the city dock and of the jail and still he persists in asking for more wages and shorter hours. Why, he even wants to get all the wealth he produces! Where would that leave you, gentlemen of the jury? You would have to work for an honest living! Actually work! Can you doubt that the prisoner is guilty, gentlemen of the jury?
PRISONER (Leaping to his feet)— Justice! Justice! I demand Justice!
JUDGE (sternly)— Silence! The prisoner forgets, that he is in a court room.
PRISONERS COUNSEL—I regret this outburst on the part of my client. By nature he is a quiet man. This explosiveness—this inflammatory utterance—comes from the fact that there has been too much saltpetre in his mush.
JUDGE—I accept your explanation and will not sentence the prisoner to jail.
PRISONER’S
COUNSEL—AS the Persecutor has presented so weak a case I will bring forward but one witness before calling my client to the stand. Mr. Everett True.
CLERK—Do you solemnly swear to tell the truth the whole truth and nothing but the truth, God help your soul—I mean so help you God?
(Witness assents.)
PRISONER’S COUNSEL—Kindly tell the Court just what you know of this affair in Everett.
TRUE—I am a citizen of Everett. At the time of this outrage I was on a hill overlooking the dock. The deputies opened fire upon the unarmed men without warning. Shots came from two different docks and from a tugboat. Men fell to the deck and others sought cover. I think the deputies who were shot are the victims of their own cross-fire. I am not a member of the I.W.W. nor of the Commercial Club. I favor a federal investigation of the entire affair.
PRISONER’S COUNSEL—That is all, Mr. True. Cross-examine the witness, Mr. Persecutor.
PROSECUTOR—Mr. True, are you sure that you saw what you described and what was your age on your last birthday? Answer yes or no!
TRUE (indignantly)—I—
PROSECUTOR—Answer yes or no, sir!
TRUE (spluttering with partly suppressed rage)— I-I-
JUDGE—(sternly). You must answer the question yes or no!
TRUE (appealing to Judge)—How can I—
JUDGE—Ten days for aggravated contempt of court. Commit the witness.
(Sheriff drags struggling witness from the stand.)
PRISONER’S COUNSEL—I object, your honor! I object!
JUDGE—Objection overruled!—Do you wish to stand in contempt yourself?
I.W.W. Spectator (coming forward). Give me twenty days, you old fraud. I have twice as much contempt for you as True has!