"There are a few uncontested and undisputed facts in connection with the occurrence at the dock. Jefferson Beard was killed on that dock. No doubt about that! The defendant was on the boat. No question about that! There is no question that the conversation between McRae and the people on the boat occurred substantially in the language that you have heard repeated here by witnesses for the State and for the defense, all agreeing that the conversation preceded the shooting. There is no dispute that McRae turned partially away from the boat and that one of the first three shots fired hit McRae while he was turning. The burden of the whole argument of the defense was that when somebody on the boat saw McRae put his hand on his gun he was justified in shooting. It is not material whether Tracy shot Jefferson Beard or somebody else. It is not material whether Tracy fired a gun or not, provided the evidence in this case satisfies you beyond a reasonable doubt that Tracy was a party to the conspiracy to go up to the city of Everett to violate an ordinance of the city of Everett. "But have you any doubt that Tracy was seen on the boat? Hogan saw the window and he saw a man with his face at the window shooting in his direction. Hogan wasn't thinking of the exact angle at which the boat was standing to the dock, but he knows he was standing at such an angle to the boat that he could see a man in a certain place on the boat. And he testified he did see him. "It wasn't Thomas Tracy that was looking out of that window, it was Martin. It wasn't Thomas Tracy dressed for the occasion, it wasn't Thomas Tracy shaven for a picnic, it wasn't Thomas Tracy wearing a Sunday countenance, it wasn't Thomas Tracy gazing placidly out of a mild blue eye! It was Thomas Tracy, alias Martin, with his face drawn down into a scowl of hatred, with his eyebrows lowering over his eyes, gazing at John Hogan, not only gazing at him thru a window, but gazing at him over a gun! And if there is anything that would impress itself into the memory and recollection of a man it is the remembrance of a face filled with venomous hatred, the eyes shooting daggers at you while he is gazing at you over the muzzle of a gun--and you are not going to forget that!