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"I venture, ladies and gentlemen, that with a bit of the kind of work the State has employed in this case, a little bit of the same zeal that was employed on Auspos, a little bit of the same zeal that was employed with Reese, a little bit of the help of McLaren of Los Angeles, I can take these one hundred and forty-five men and pick out four men who will honestly and truthfully testify that they saw anything, and I say that with no reflection on their honesty either, because the power of suggestion is enormous.
Auspos declared he then asked his partner, receiving the reply, "A thirty-eight." Auspos claimed he saw Earl Osborne cleaning a gun in the gymnasium that same morning, and there was a rifle or shotgun in a canvas case in one corner. He said that men were breaking up chairs to obtain legs as clubs and that he, with others, was furnished with a little package of red pepper.
Auspos testified that defendant Billings in the presence of John Rawlings had stated in the Everett County jail that he had a gun that made a noise like a cannon. This was intended to controvert the testimony of Billings. Reese related a conversation that Tracy was alleged to have carried on in his presence on the Verona as it was bound for Everett.
One deputy, H. S. Groger, stated on cross-examination that he continuously fired at a man on the boat who appeared to be trying to untie the spring line. Outside of this evidence of a desire for wholesale slaughter nothing developed of sufficient importance to warrant the production of sur-rebuttal witnesses, except in the testimony of Auspos and Reese.
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