The Lynden tribune. [volume] (Lynden, Wash.) 1908-current, 1913-01-23
AN OPEN LETTER FROM
COUNTY ATTORNEY BIXBY.

tai and hung the jury. On the
second trial, after more expense,
the defendant was convicted. Dur
ing both OF these trials the prose-
cutor had absolutely no help in de-
veloping the evidence. the sheriff s
office merely srving tn paprs.
Another case which l recall to
mind is one wherein the defendant
was arrested for Sunday selling at
Sumas. The sheriffs office did abb
solutely nothing to help develop
the case, and showed no evidence
OF being in sympathy with the
prosecution, although there was no
question but what the man was
wretchedly guilty. The result, &C
quittal.e
In q more recent case, that OF
State VS.. Martha Flick. blind pig
case, the city made the arrest and
search, and brought to the sher-
ifs office q case containing lime
teen bottles of beer in Grated
box. to hold as evidence. During
the trial of the case / called for
this evidence AS an exhibit, and
bottles had disappeared while III
custody Of the chief deputy, and l
WAS informed that MIR. Flanagan
laughed and thought it a good joke
on the prosecutor. although he was
chief deputy and responsible for
exhibits left with that office.
The sheriff's office having refus-
ed to appoint special deputies to
secur the evidence of law violations,
especially the liquor law, comis-
sioners Fell and Simpson passed
resolution Offering One Hundred
Dollars reward for convictions of
violators OF the liquor law. Under
this reward three convictions were
secured on information secured by
private detectives. two being al
Glacier and one at Everson.
During the whole of the past
two years in which Mr.. Flanagan
has been chief deputy of the sher-
ifs office, that office has not
brought to the attention of the pub
lie prosecutor as the original insti-
gators. the evidence IN A SINGLE
CASE OF VIOLATION OF THE IL
QEOR LAWS.
There are other instances that
could be mentioned wherein dur =
ing that time the sheriff's office
had failed to do its duty in the
matter OF securing evidence. but
the above are surely sufficient to
show the people of Whatcom Coun-
ty that they cannot hope for very
effectual enforcement OF the local
option law SO long as the prosecu-
tor must work with Mr.. Flanagan
as chief deputy in the sheriff's Of
flee. With Mr.. Flannagan's influ-
ence eliminated l believe the Of
flee would work in harmony with the
prosecuting attorneys office, and
l so told Mr. Thomas prior. to max
ing his appointments.
The fact that John L. Riseland.
state fish commissioner. cancelled
John Athens commission as depu-
ty game warden Immediately after
the case of State VS.. The Pacific
American Fisheries, wherein that
company was arrested and convict
ed Of fishing during the closed sea-
son, on evidence secured by Game
Warden Aitken; and the fact that
it ia pretty well known that the Pa
cific American Fisheries either as a
corporation, or as individual stock
holders, own a large portion Of the
stock OF the Bellingham daily news
papers; and the fact that these pa
peers have been continually boosting
the sheriff's office. and particular
ly the said chief deputy l.. J. Flan-
nagan; and the fact that the sher-
ifs office has refused to deputize
game warden Aitken SO that ne
can draw a salary; and the fact
that these same papers have been
endeavoring to 'defat tn efforts OF
the prosecutor by interviewing Grim
inals, and endeayoring to frame up
a false public sentiment in regard
to my relation herewith; and the
fact that the sheriffs office knew
of an attempted jail-break by the
forgers, the Fitxgeralds. week pri-
or to their former trial, and did
Lot report the same to the pub
lie prosecutor that he might use II
as evidence. the same being colnpe-
tent, tending to show their guilt;
and the fact that pending the sec
ond trial Of the Fitzgeralds, the
sheriff's office was handed subpoe'
mas for service ten days prior to
the trial, and neglected and failed
to report to the public prosecutor
that one Of his important witnesses
business man of the city Of Bell
irgham, was in the east, which fact
the public prosecutor did not learn
until an hour before going to tri-
al. at which time the sheriff filed
his return in court; these facts,
and all these facts. together with
many others that could be enumera-
ted. l believe are reasons sufficient
to show why the commissioners act
ing in the interests of the tax pay
ers of Whatcom County. are album
dainty justified in their actions.
This letter ia handed to every
newspaper in the county, including
the Bellingham dailies, SO that its
publication may appear simultaneous
~ in every weekly and daily in the
county II the editor sees fit to pub
Itch tho oamo