The Lynden tribune. [volume] (Lynden, Wash.) 1908-current, 1913-02-27
BDBY TO. THE AMERICAN,


You have written SO many edi-
torials in which you have either
openly or by innuendo accused me
of being under such obligations to
Walter Fulcher, that l dare not
file an information for his arrest
that word from me is probably
in order.
You insinuate that those obliga-
tions arose from the Franklin N.
Kennedy will contest, wherein Full
cher was witness. l here extend
to you, and through you to the
public, a few facts to show any
fair minded person that your ac-
cusatiOns are wholly false.
Franklin N. Kennedy moved to
the village of Lynden in the spring
of 1906, and being bachelor and
in poor health. and a member Of
the Masonic Lodge, was given fra
ternal attention by that organiza-
ton. being one of its officers. in
April, 1907, he made a will. leaving
his property to the trustees of that
organization in trust-One-half to
be set aside as the Franklin N. Ken
nedy grave fund, as perpetual en-
dowment to keep his lot fresh and
green, and the other half to be US
ed for Masonic purposes. The will
was witnessed by two responsible
Lynden citizens besides myself.
In December of the same year
being about eight months after the
will had been thus signed and wit
messed, Kennedy became SO i'll that
it was necessary to hire nurse
to attend him, and d. w. Bender
the then master Of the lodge, now
postmaster of Lynden, hired Wal
ter Fulcher in behalf Of the lodge
for such nurse. This was the first
time that Fulcher and Kennedy ev-
er met. knew Fulcher but slight
ly at that time. He remained as
Kennedy's nurse from that time on
until March, 1908. being some three
Or four months. at which time Ken
nedy died.
When the will contest was started
and it was alleged in the complaint
that Kennedy was of unsound mind
at the time he made the will, Full
cher was called by Judge Neterer,
one of the attorneys for the lodge,
not as an important witness, but
merely to show that Kennedy was
Of sound mind during the last three
or four months of his life. Had Full
cher testified in the contest that
Kennedy was of unsound mind dur
ing the entire time in which he
nursed him, 1t would have had no
material effect on the condition of
his mind eight months prior there
to when he made the will, there
fore he was not a material witness.
The contest came regularly on for
trial, and Judge Kellogg after hear
ing all the evidence found for the
lodge and dismissed the contest.
When I was asked to file an in
formation against Fulcher In July
1911, l intended to do SO, but the
advance sheets of our Supreme Court
decisions had just come to my Ia
BILE. and l there found similar
case reversed, wherein the corrobO-
rating evidence was stronger than
the facts that had been presented
to me against Fulcher. l then sub
mitted the facts to Judge Kellogg
and called his attention to the re-
cent decision. and he advised me
that under that decision l had no
c0rroborating evidence.
Had l arrested him and gone to
trial the cause would have been dis
missed at the conclusion of the
states case, for want of corrobOra-
ting evidence, and then under the
constitutional provision that a man
cannot be twice placed in leopard
~ for the same Offense. l could not
have done anything, no matter what
corrObOrating evidence might sub
sequently have developed.
had nothing in common with
Fulcher. We do not belong to the
same fraternal organizations, and
our acQuaintanceship was more of
a contentious nature than other
wise. He opposed me in my CAM
paign during the fall OF 1908 and
again during the fall OF 1910, be-
ing Of an opposite political faith.
hope you will have the fairness
to publish this.
FRANK w. BIXBY.
Dated this 25th day OF February
1913.