The Lynden tribune. [volume] (Lynden, Wash.) 1908-current, 1913-05-22
THE BIXBY-SEFRIT LIBEL PROCEEDINGS.


The Bixby-Sefrit libel case which
occupied the attention Of Judge
Pemberton's department OF the Su-
perior Court for Is days went to
the jury at two o'clock last Friday
and the following forenoon a ver-
dict Of guilty was rendered.
The principal arguments to the
Jury were made by Mr.. Newman
for the defense and Lin Hadley for
the prosecution. In closing the fin
al argument Mr.. Hadley said:
Upon the last minute submit
this case to your hands, relying up
ON your patience and your care and
understanding. This has been a
memorable trial, and will perhaps
go down as a memorable trial In
the history of this county. 1t re-
lates to an unfortunate matter and
I have tried to keep out all that
would produce a feeling of dissen-
sion and i'll feeling in the future. l
regret all this. but with malice to-
ward none and with charity to all
this case l leave the matter in your
hands,
The jury was composed of J.
G. Hull, foreman, and w. C. Goble,
Mrs. Marian Lindsay, John Carlson.
Emil Strauch, J. G. Meyers, Charles
Perry. J. Louis Finley. William
Amidon, w. H. Kirkman. E. E.
Braddock and John F. Williams.
Definite Information as to the
character of the deliberations of
the jurors was not obtainable, al
though 1t Is said that the majority
stood for conviction on the first
ballot and that after the first ballot
the jury stood IL to l for convic-
tion. one juror holding out until
the ninth ballot for acquittal.
Walter Fulcher, the self-confes-
sed rapist. and who has figured SO
largely in this case, and who has
been held in the county jail as a
prospective witness in the case
since sentence was passed on him
by Judge Hardin, December 81 to
serve from 8 to years In Walla
Walla prison for the crime was not
called to testify by the state. He
was taken to Walla Walla to begin
the sentence imposed upon him for
a. has ever been tried in the GRIM
inal courts Of this county.
a 49,
During the trial the Bellingham
daily press devoted . great amount
OF space to the proceedings. Mr..
Bixby and his friends claim that
a considerable portion of the testi-
mony favorable to the plaintiff was
blue-pencilled. !As an example, a
letter from T. J. Lyle, assistant at
torney general to Eta Stansel, &C
knowledging the receipt of a COM
munication from her. and stating
that the attorney generals office
had thoroughly gone over the evil
dence submitted by her in the Full
cher case. and informing her that
the attorney generals office had
reached the conclusion that on the
evidence at hand, conviction would
be impossible, and the letter
adds: Granting that the statement
Of the girl Gertrude Hoff) Ia
true and unimpeachable, we would
still have to have more testimony
in order for the case even to &c
to the jury."And further. with the
evidence which is before US at this
time, we are Of the opinion that 1t
would be useless to 60 to trial on
this case, and therefore we shall
not take the matter up with the
prosecuting attorney Of Whatcon
County. with a view OF getting him
to file an information and prosecute
the case"
Mr.. Bixby and his friends also
point to a letter from Bixby to At.
tOrney General Tanner as tending tc
show that Bixby was not Indifferent
in the matter of the prosecution OF
Fulcher, the rapist. This letter did
not find its way into the columns OF
the daily press.
There were also two instructions
of the Judge to the jury to the ef.
feet that unless there was cor
roborative evidence in possession
of the. prosecuting attorney at the
time the Offense of Fulcher wal
brought to his attention, that as q
matter of law, the statement OF th<
girl was not sufficient to warrant
the prosecution of Fulcher.
Attorney Newman on behalf OF
Mr.. Sefrit. the defendant, on Satur
day made a motion before Judge
Pemberton asking for a new trial
Il was stated that in case the mo.
tion was denied an appeal would
be taken to the supreme court.
The Law permits the imposing Of
a fine and jail sentence. but until
the motions are disposed OF sent