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The next witness after Auspos was Leo Wagner, another poor purchase on the part of the prosecution. He merely testified that a man on the Calista had said that the men were armed and were not going to stand for being beaten up.

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 the damaging claims in the testimony of Auspos were severely shaken by the cross-examination conducted by Moore, and Auspos finally admitted that the only point on which he wished to have his evidence differ from the statement he had made to Vanderveer prior to the trial was in the matter of the firing of the first shot.

Auspos made no attempt to identify anyone on the boat as having a firearm. During the examination some reference was made to "Red" Downs, at which Judge Ronald remarked: "I am a little confused. Did he say 'Red' Downs or 'Red' Doran?" "There are two of them," responded Moore. "Lots of red in this organization," cut in prosecutor Cooley, amid laughter from the spectators.

He was asked: "When you did line up, you were then willingly a member, were you?" "Yes sir." "And you did not go to Yakima and come back to Seattle to fight for free speech because you were compelled to do so?" asked Moore. "No," replied Auspos, "there was no compulsion."

The testimony was to the effect that Auspos had reached Seattle on Saturday, November 4th, and had slept in the I. W. W. hall that night. Next morning at about eleven o'clock he returned from breakfast and was again admitted with examination for a membership card. A meeting was in progress in the gymnasium but was too crowded for him to be able to get in.

"You are not going to get a trip to Honolulu?" asked Moore with a smile as he concluded the cross-examination of Auspos. "No sir," stammered the tool of the prosecution unconvincingly.

The men so charged were: Charles Auspos, alias Austin, age 38, teamster, born in Wisconsin. James D. Bates, age 29, steam fitter, born in Illinois. E. M. Beck, age 45, laborer, born in New York. Charles Berg, age 22, laborer, born in Germany. J. H. Beyer, age 56, painter, born in Michigan. J. F. Billings, age 35, cook, born in Nebraska. Charles Black, age 23, laborer, born in Pennsylvania.

About this time the efforts of Detective McLaren and his associates were successful in "influencing" one of the prisoners, and Charles Auspos, alias Charles Austin, agreed to become a state's witness.

Their evidence doesn't stand even if unanswered and no evidence could be more successfully answered. "What evidence is there that Tom Tracy had anything to do with such a conspiracy, if there were one? Their most willing tools, Auspos and Reese, don't say a word about Tracy. "What does the identification by McRae amount to?