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. Attorney Moore brought from Auspos the admission that the plea of "Not Guilty" was a true one and he still believed that he and the other prisoners were not guilty of any crime. Yet such are the peculiarities of the legal game that an innocent man can turn state's evidence upon his innocent associates. After uncovering the previous record of Auspos, he was asked about his "confession" as follows: "Mr. McLaren and you had reached an understanding in your talk before Mr. Cooley came?" "Yes sir." "The question of what you are to get in connection with your testimony here has not as yet been definitely decided?" "I am going to get out of the country." "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. It was at this point that the prosecution introduced several additional leaflets and pamphlets issued by the I. W. W. Publishing Bureau, the principal reason being to allow them to appeal to the patriotism of the jury by referring to Herve's pamphlet, "Patriotism and the Worker," and Smith's leaflet, "War and the Workers." 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. Objection was made to the manner in which Cooley led the witness with his questions, and when Cooley stated that it was necessary to refresh the memory of the witness, Vanderveer replied that the witness had been endorsed but a few days before and his recollection should not be so very stale. When this witness was asked what he was paid for his testimony he squirmed and hesitated until the court demanded an answer, whereupon he said: "I got enough to live on for a while." William H. Bridge, deputy sheriff and Snohomish county jailer, was the next witness. He stated on his direct examination that the first shot came from the second or third window back from the door on the upper cabin. Black asked Bridge: "How do you know there was a shot from that place?" "Because I saw a man reach out thru the window and shoot with a revolver." "In what position was he when shooting?" "Well, I could see his hand and a part of his arm and a part of his body and face." "Who was the man, if you know?" "Well, to the best of my judgement, it was the defendant, Thomas H. Tracy."