The Everett Massacre: A history of the class struggle in the lumber industrySmith, Walker C.
History
The Everett Massacre: A history of the class struggle in the lumber industry
Smith, Walker C.
Industrial Workers of the World; Lumbering -- Washington (State); Lumbermen -- Washington (State)
"In this case you must answer the question--Is this defendant guilty or
innocent? * * * Keep constantly in mind this issue and do not go astray
to discuss any other of the many issues that may be suggested by or may
lay hidden among the great mass of evidence in this case. Whether the
Industrial Workers of the World shall or shall not speak at a certain
place in the City of Everett is not an issue here. * * * Whether the
open or the closed shop shall prevail is not a subject for your
consideration.
"Every defendant in a criminal case is presumed to be innocent. * * *
You must be satisfied beyond a reasonable doubt of the facts necessary
to show guilt before you can convict. * * * You should give the phrase
'proof beyond a reasonable doubt' its full meaning and weight as
explained and defined to you in these instructions. On the other hand,
you should not magnify nor exaggerate its force and fail to return a
verdict of guilty simply because the evidence does not satisfy you of
guilt to an absolute certainty. No crime can be proved to an absolute
certainty.
"It does not follow because every one of the facts which are disputed
between the parties may not be established beyond a reasonable doubt,
that there cannot be a conviction. At the same time you will bear
carefully in mind that all facts which are necessary to establish the
conclusion of guilt must be proved beyond a reasonable doubt.
"There are two facts necessary to convict this defendant:
(1) That some person on the boat unlawfully killed Jefferson Beard.
(2) That this defendant aided, incited or encouraged such shooting.
"If you are satisfied beyond a reasonable doubt of these two facts, then
you must convict, no matter what may be your belief concerning any other
question in dispute in this case; if you have a reasonable doubt as to
either of these two facts, then you must acquit."
The instructions then went into detail as to the rights of the workers
to organize, to bargain in regard to compensation, hours of labor and
conditions of work generally, to go on strike, to persuade or entice
their fellow workers by peaceful means from taking the positions which
they have left, to assemble at public places where such meetings are not
prohibited by law and ordinance, and "no person, either private citizen
or public official, has any right to deny, abridge or in any manner
interfere with the full and free enjoyment of those privileges and any
person who attempts to do so is himself guilty of an unlawful act."
Public-domain text, read in full here on John Shaqi.
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