"You have a right to do what you are doing, Mr. Black, but it don't appeal to my sense of fairness if other omissions are as bad as the one you left out. You are following the practice, but I don't know of an instance where there has been such an awful juggling about, and it is discretionary with the Court, and I want to be fair in this case. I want to let them have a chance to take the sting out of it so as to let the jury have both sides, because it is there. Now, Mr. Vanderveer, I am going to leave it to you not to impose upon the Court's discretion. Any new phases I don't think you have the right to raise, but anything that will modify what he has read I think you have the right to."
Thereupon Vanderveer read all the omitted portions bearing upon the case, bringing special emphasis on these two parts:
"Note this important point, however. Sabotage does not seek nor desire to take human life."
"Sabotage places human life--and especially the life of the only useful class--higher than all else in the universe."
With evidences of amusement, if not always approval, the jury then listened to the reading of numerous I. W. W. songs by Attorney Cooley for the prosecution, tho some of the jurymen shared in the bewilderment of the audience as to the connection between the song "Overalls and Snuff" and defendant Tracy charged with a conspiracy to commit murder in the first degree.
D. D. Merrill, Mayor of Everett, next took the stand. He endeavored to give the impression that the I. W. W. was responsible for a fire loss in Everett of $100,000.00 during the latter part of the year 1916. Vanderveer shot the question:
"From whom would you naturally look for information on the subject of fires?"
"From the Fire Chief, W. C. Carroll," replied the mayor;
"We offer this report in evidence," said Vanderveer crisply.
The report of the Fire Chief was admitted and read. It showed that there were less fires in 1916 that in any previous year in the history of Everett, and only four of incendiary origin in the entire list!
The prosecution tried to squirm out of this ticklish position by stating that they meant also the fires in the vicinity of Everett, but here also they met with failure for the principal fire in the surrounding district was in the co-operative mill, owned by a number of semi-radical workingmen at Mukilteo.