The Yakima herald. [volume] (North Yakima, W.T. [Wash.]) 1889-1914, 1894-10-11


sas good and he talked in rather low
tone OF voice, with one hand nervously
lingering his chin. which at times pre-
vented the sounds coming distinctly from
| MS mouth and caused the Judge and Mt.
torneys to tell him several times to take
away his hand and talk out.
lie stated that previous to his arrest he
was living in Walla WalIa county, but
was living in North Yakima on June Is.
Lived on the same street aud same block
~ LaVergne and Sheriff Simmons, his
house being between the two. Had
known LaVergne since the 18th of March.
Had lived beside him over a month. Saw
LaVergne on the night of June 18th and
early morning Of June 18th.
Defense objected on the grounds that
The testimony OF an accom- Jice is not sd
nlssable against a defendant when made
under fear produced by threats. That
no nolle had been entered and that a
conspirator cannot confess away the
rights OF co-conspirator. The objec-
ton WAS overruled and the Judge held
that the witness could protect his own
rights by refusing TO answer.
Witness COMMUNICATIVE to June 18th
he had worked with LaVergne on the
Mckee bridge. He had talked with La
Vergne regarding the killing of Bagwell.
The first conversation was about the mid.
die of May, when he was living on the
north side of Third street and the east side
of the railroad track. LaVergne then
said that he had plan TO make some
| money; that he had been watching man
for some time who carried considerable
money and jewelrv. Afterwards Mt the
bridge they had further talk and witness
then learned that the man was TEX"
Bagwell. LaNergne said that Mrs Bag
wells former husband had offered him
$1,000 il he would put Tex out of the vay,
| and that ii witness would do the work
he should have half OF that amount La.
Vergne further said that he had done the
same kind of work before and could get
away with it all right. Afterwards La
Vergne and witness, with LaVergne's
brotherin-law. went hunting when the
same line OF conversation was continued.
Witness saw LaVergne Sunday afternoon.
June 18th, when the latter said "be ready
tonight" Witness told him that if he
wanted any work of that kind done lac
had better do it himself Afterwards
they talked about hay contract. He
stad down town a while and then went
home. LaNergne came after him at Q
o'clock, and they went down town. Spent
| considerable time around and took sew
aral drinks at Dooley's and Shardlow &
McDaniel's. Saw Bagwell at the corner
| saloon he was playing billiards; ID or 20
minutes afterwards witness started for
home, but was stopped near Luther's
store by LaVergne who had a bottle.
They took a drink and then went east
in the alley by the side of the Hotel Ath-
erton and Mason's opera house, coming
ont on Second street, then going south
| to Coffin Bros store, and then to the
| alley in the rear and entered Lees gate.
They then went to the place of conceal
ment III the shadow next to Lees store.
and LaVergne left and brought hack a
gun and handed it to witness. LaVergne
then left going north Witness waited
about 20 minutes or half an hour when
Bagwell came along and he fired Wit
ness then ran away and hid the qua
under the sidewalk near Collins store.
He then went home, reaching there about
| :25 a. m. On further examination he
stated that he was 10 wears old; had
taken five or six drinks that night and
was somewhat intoxicated. Had a CON
versation next day with LaVergne who
said that they were irving to prove the
ownership of the gun. Asked LaVergne
where he was at the time and he answer
ed that he was there close. The dav
they went hunting the LaVergnes carried
rifle and shot gun. The rifle was q
Winchester of the '73 model, round bar
relied. Tie yum used in the murder was
an old model; knew this by the stock
Do not know where LaVergne got it. but
he came from the direction of the Bagwel
house and handed it over the fence to
witness. The only pay he got was a
horse. LaVergne handed him S. which
he paid over ior the horse in the presence
of witnesses. Had previously borrowed
a couple of dollars from LaVerpne TO nav
house rent. Saw the defendant next
at 6 O'Clock in the morning when the lat
ter said he was going to the Mckee and
asked witness to 90 along, which he did.
Had no conversation on the subject of the
murder. On June 18th LaVergne first
spoke about killing Bagwell at 5 O'Clock
and then again at o. Told witness there
was a grape arbor in front of the BagYell
house, where he might lie concealed and
point his gun right through the foliage
as Bagwell came up the walk. Had no
further conversation previous to the shoot
ing that remember. | knew what La
Vergne handed me the gun for. 1t was
to kill that man. LaVergne seldom call
ed any name, but occasionally said Tex.
Was standing up when fired; saw Bag
we'll as he came across from the Guilland
House under the electric light. LaVergne
went north on the sidewalk when he left.
He had not been gone more than 20 min
utes when Bagwel came in sight"
At this stage OF the proceedings court
adjourned for the night and upon recon-
vening Harvey was again put upon the
stand and said that he had talked with
JaNerone seyeral times since in ;a;l and