116 Wash. 592 | Wash. | 1921
The appellants were convicted of the crime of sabotage, as defined and denounced in ch. 173, p. 517, Laws of 1919, and appeal from the judgment and sentence pronounced upon them. In the brief of counsel, filed in support of the appeal, a large number of assignments of error are made and discussed, but on the oral argument many of these were not dwelt upon, counsel conceding that they had been met and determined by decisions of this court handed down prior to the oral hearing, although subsequent to the preparation of the brief. There were certain of the assignments which it was contended fell within the rule of the case of State v. Gibson, 115 Wash. 512, 197
The first section of the sabotage act makes it a felony to commit wilfully any act which shall injure, interfere with, or obstruct any agricultural, stockraising, lumbering, mining, quarrying, fishing, manufacturing, transportation, mercantile, or building enterprise, wherein persons are employed for wage, or wilfully to destroy or attempt to destroy, or wilfully to derange or attempt or threaten to derange any mechanism or appliance whatsoever used in the pursuit of the enterprises mentioned. The second section makes it a felony unlawfully to take or retain, or attempt or threaten unlawfully to take or retain, any property or instrumentality used in the enterprises enumerated in the first section, with intent to supplant, nullify or impair the owner’s management and control thereof. By subd. 1, § 3 (p. 517), of the act it is made a felony to advocate, advise or teach the necessity, duty, propriety or expediency of doing or practicing any of the acts denounced in the two preceding sections ; and by subd. 4 (p. 518) of the same section it is made a felony to organize, help to organize, give aid to, be a member of, or voluntarily to assemble with, any group of persons formed to advocate, advise or teach such necessity, duty, propriety or expediency. The appellants were charged with being members of a group of persons known as the Industrial Workers of the World, an organization charged to have been formed to advocate, advise and teach the necessity, duty, propriety, and expediency of doing and practicing the acts made unlawful by the first sections of the act.
To show that the organization named was organized for the unlawful purposes mentioned, the state called as a witness one William Josh. This witness, after
It is objected to this testimony that it is in its nature hearsay, and inadmissible under the general rule excluding testimony of that nature, and specifically so under our decision in the case of State v. Gibson, supra. Treating the question as an open one, we cannot think the evidence here admitted falls within the ban of the rule invoked. Hearsay evidence is defined in Corpus Juris (22 C. J. 199) as evidence the probative force of which depends, in whole or in part, on
Nor does the case of State v. Gibson lay down a different rule. There the question at issue was, in substance, the question at issue here. In making proof of the objects and purposes of the organization known as the Industrial Workers of the World, the state called as witnesses persons not .members of the organization, who were permitted to testify what certain other persons, who claimed to be members of the organization, in private conversations, told them concerning its objects and purposes. But it is at once apparent that the witnesses testifying to the facts related were not testifying as of their own knowledge. In this sense their testimony was hearsay, and was held to be within the ban of the hearsay rule. It is plain, however, that the question now before us is' not the question there presented. Here the witness did not testify to facts told him by others concerning the doctrines and teachings of the organization, but to facts within his
Another witness for the state, who was also at one time a member of the organization, was permitted to testify to specific acts of lawlessness while working for a ship-building concern; such as loosening bearing shafts, putting grit into bearings, drilling out rivets inserted in the sheetings forming the sides of a vessel on which they were working, and the like. It is objected to this that it is testimony highly prejudicial in its effects upon a jury, and testimony that is vicious and dangerous if not properly guarded, since any workman, whether a member of the organization or not, may commit such acts, and since a member of the organization may commit the acts, although they be not authorized by the organization, and that here the court did pot sufficiently guard the testimony. But we think the trial court exercised all due caution in this respect. It
Prior to the trial of the cause, the defendants, through their attorney, sought an order from the trial court directing subpoenas to issue for certain named witnesses residing within the state hut outside of the county in which the trial was had. The court denied the application, and it is urged that the appellants were thereby deprived of material evidence necessary for their defense. With respect to one of the witnesses, no showing whatever was made as to what the defendants expected to prove by him. As to the others, it was shown that they were librarians having charge of libraries in which books were kept for general circulation, and that among such books were certain of the literature of the Industrial Workers of the World, which the state would introduce as a part of its evidence to show that that organization taught by its literature the duty of its members to commit acts denounced by the act under which the defendants were informed
On cross-examination of the witnesses testifying to acts of sabotage, the defendants sought to show that the persons charged with the acts had not been prosecuted therefor. The court sustained objections to the questions, and complaint is made that, by so doing, the defendants were unduly limited in the cross-examinations of these witnesses. But plainly there is no error in the ruling of the court. It might have been material, as hearing upon the credibility of the witnesses testifying to the acts, to inquire whether they had made complaint to the proper authorities of the commission of the act, hut to show merely that no prosecution had been instituted against the offenders would prove nothing material to the inquiry before the court.
We find no error in the record, and the judgment appealed from will stand affirmed.
Pabkeb, C. J., Holcomb, Bbidges, and Mackintosh, JJ., concur.