There are only two real issues in this case. One is the question: Who was the aggressor in the Armistice Day affray? The other is: Was Eugene Barnett in the Avalon hotel window when that affray occurred?

We have proven by unimpeachable witnesses that there was a raid on the I.W.W. hall in Centralia on November 11--a raid, in which the business interests of the city used members of the American Legion as catspaws. We have shown that Warren O. Grimm, for the killing of whom these defendants are on trial, actually took park in that raid, and was in the very doorway of the hall when the attack was made, despite the attempts of the prosecution to place Grimm 100 feet away when he was shot.

We have proven a complete alibi for Eugene Barnett through unshaken and undisputable witnesses. He was not in the Avalon hotel during the riot; he was in the Roderick hotel lobby; he had no gun and he took no part in the shooting.

In my opening statement, I said I would stand or fall on the issue of: Who was the aggressor on Armistice Day? I have stood by that promise, and stand by it now.

Mr. Abel, specially hired prosecutor in this trial, made the same promise. So did Herman Allen, the official Lewis county prosecutor, who has been so ingloriously shoved aside by Mr. Abel and his colleague, Mr. Cunningham, ever since the beginning here. But a few days ago, when the defense was piling up evidence showing that there was a raid on the I.W.W. hall by the paraders, Mr. Abel backed down.