"They probably seen what happened to the captain and the other fellow for getting gay."
As to the holding of Mitten in jail for a number of days on a charge of resisting an officer, and his final release, McRae was asked:
"Because when we let the I. W. W.'s go they insisted on him going, too, and I said, 'all right, take him along.'"
"You did whatever the I. W. W.'s wanted in that?"
"Well, I was glad to get rid of them," remarked the sheriff.
McRae said that none of the men taken to Beverly Park were beaten on the dock before being placed in automobiles for deportation, but on cross-examination he admitted that one of the deputies got in a mix-up and was beaten by a brother deputy. The sheriff stated that he took one man out to Beverly Park in a roadster, and had then returned to Everett to attend a dance given by the Elks' lodge.
In relating the events on November 5th, McRae's story did not differ materially from that of the witnesses who had already testified. He stated that a bullet passed thru his foot, striking the heel of his shoe, and coming out of the side. The shoe was then offered in evidence. He testified that another shot struck the calf of his leg and passed completely thru the limb. Both these wounds were from the rear. His entire suit was offered in evidence. The coat had nine bullet holes in it, yet McRae was not injured at all in the upper portion of his body! The sheriff stated that he fired twenty shots in all, and was then removed to the Sister's Hospital while the shooting was still in progress.
McRae then identified Ed Roth, James Kelly and Thomas H. Tracy as three of the I. W. W. men who were most active in firing from the Verona. In his identification of Tracy, McRae stated that the defendant was in the second or third cabin window aft the door, and was hanging out of the window with his breast against the sill and his elbow on the ledge. Vanderveer then placed himself in the position described by the sheriff and requested McRae to assume the same attitude he was in at the time he saw Tracy. Upon doing this it was apparent that the edge of the window sill would have cut off all view of Tracy's face from the sheriff, so McRae endeavored to alter his testimony to make it appear that Tracy's face was a foot or more inside the cabin window. This was the first identification of Tracy or other men on the boat that was attempted by the prosecution.