Defendant J. D. Houlihan gave positive testimony to the effect that he had not spoken privately with "Red" Doran in the I. W. W. hall on the morning of November 5th, that he had received no gun from Doran or anyone else, that he did not have the conversation which Auspos imputed to him, that he had no talk with Auspos on the return trip. All efforts to confuse this witness failed of their purpose.
In verification of the testimony about deputies firing on the Verona from the Improvement Company Dock the defense brought Percy Walker upon the stand. Walker had been cruising around the bay in a little gasoline launch and saw men armed with long guns, probably rifles or shotguns, leaning over a breastwork of steel pipes and firing in the direction of the Verona.
Lawrence Manning, Harston Peters, and Ed. J. Shapeero, defendants, told their simple straightforward stories of the "battle." Peters stated that as he lay under cover and heard the shots coming from the dock he "wished to Christ that he did have a gun." Shapeero told of the wounds he had received and of the way the uninjured men cared for the wounded persons on the boat.
Mrs. Joyce Peters testified that she had gone to Everett on the morning of November 5th in company with Mrs. Lorna Mahler. The reason she did not go on the Verona was because the trip by water had made Mrs. Mahler ill on previous occasions. She saw Mrs. Frennette in Everett only when they were on the same interurban car leaving for Seattle after the tragedy.
Albert Doninger, W. B. Montgomery and Japheth Banfield, I. W. W. men who were on the Verona, all placed the first shot as having come from the dock immediately after the sheriff had cried out "You can't land here."
N. Inscho, Chief of Police of Wenatchee, testified that during the time the I. W. W. carried on their successful fight for free speech in his city there were no incendiary fires, no property destroyed, no assaults or acts of violence committed, and no resistance to arrest.
H. W. Mullinger, lodging house proprietor, John M. Hogan, road construction contractor, Edward Case, railroad grading contractor, William Kincaid, alfalfa farmer, and John Egan, teamster, all of North Yakima and vicinity, were called as character witnesses for Tracy, the defendant having worked with or for them for a number of years.