The Yakima herald. [volume] (North Yakima, W.T. [Wash.]) 1889-1914, 1894-12-20
MRS. BAGWHLL is FREE
No Conviction Secured on the Charge
Of Perjury.
The MARRIAGE LAWS OF THIS STATE
Preparations for Observing Christ.
mas-Two state Fair Com missions
ers 60 be Appoinsed-yiIIah, Po-
etical Greettng-CounciI Cuttings.

Jared A. Rochfo I'd oficiated in his
last case as public prosecutor before
Judge Graves on Saturday last, and in
harmony with all the balance of the state
cases during this term OF court, the de-
PENDANT went clear. The hearing was
that of the State VS.. Mrs. Philomena
Brassard- Bagwell for perjury in swearing
that she was the welded wife of the muir
dered Nathan S. Bagwell. The informa-
ton filed set forth that the defendant,
Mrs. Brassard, in applying for letters of
administration on the estate of the de-
ceased, in behalf of DIR. p. Frank, had
under oath stated that she was married
to Bagwell on the 9th of September,
1892, in the Hotel Fife, Tacoma, by
minister named Pulford, who resided in
Puyallup, in the presence of man
named Gate, and that she did not know
the present whereabouts OF the marriage
certificate. The state, in the person of
Mr.. Rockford, denied that said marriage
was performed or that Mrs. Brassard vas
the widow OF Bsgwell.
The defendant was represented at the
trial by attorneys Reavis u Englehart,
who introduced no witnesses, but closely
cross-questioned on every material point,
and took exceptions to all evidence adj
mitted on which there was question OF
propriety. The first witness called was
Fl. b. Worries, court commissioner, who
testified 10 support of the statements in
the bill of information. He was followed
by Charles Lamareux, who claimed to
have had several conversations with the
defendant in the spring of this year, while
working about the Bagwell house, in
which she said there had been no mar
riage, but that she was going to have
Bagwel marry her as soon as the house
was fixed up; and at another time as soon
as Bagwell returned from Spokane. The
defense endeavored to bring out that
Lamareaux had offered to leave the coun
try and not testify il he was provided
with the necessary funds, and that he
had made this proffer to the defendant
upon two occasions. This the witness
denied, but finally stated that he had told
the defendant that he felt sorry for her on
account OF her family. Sheriff Simmons
| followed and told how he had gone to the
Bagwell residence the morning after the
murder and there asked her if she was
married to Bagwell, and she replied that
she was not. Harry Campbell and A. C.
Campbell, ST., stated that they had lived
in Puyalup for fifteen years; were well
acquainted there; knew the Rev. Pulford,
and that he had died several months be-
fore the date of the alleged marriage. S.
ID. Pulford, son OF the deceased minister,
was the last witness, and he stated that
his father died on June IL, 1892.
At this point the prosecution endeav-
ored to introduce the certificate of the
auditor OF Pierce county, and of the audi
tors OF all the other counties Of the state,
to the effect that there was no record OF
any character of such marriage, or that
any license had been issued. The court
ruled against the admission of these GER
tificates, mainly on account of their neg
alive character, and the prosecuting at
torney could cite no ruling under which
they were admissible. Arguments were
then heard, but the matter never came
before the jury, as the Judge decided that
no case of perjury had been made, and
the costs were assessed against the state
Here is a singular state of affairs. The
woman goes before the clerk of the court
and swears she is the relict of the late
Bagwell that she was married at GER
tsin date by certain minister, and be-
fore certain witness, but that her mar.
riage certificate cannot be found. On the
strength of this she claims the estate and
enters upon the enjoyment of an allow.
ance. Her right to the property is
doubted. The public PROSECUTOR is pre-
pared to show that on several occasions
she has denied this matrimonial relation
ship that the minister who is alleged to
have performed the ceremony died sew
eral months before the date OF said cere-
mony; that the alleged witness cannot
be found, although dilgent search has
been made; that there is no record
OF any such marriage or of license be-
ing granted, as il the custom and the
law-and yet these points will not stand
against the unsupported claims Of the
person who is most benefited.
But the case of perjury has been tried
and decided, and she can never again be
brought to the bar of justice (ahem) on
this charge. II the relatives of the de-
ceased Bagwell are not satisfied with the
disposition of the property their course
is through the civil courts, but if Mrs.
Brassard Bagwell could then show that
she and Bagwell were pronounced man
and wife by man who claimed to have
the power for the performance of such
functions, she would then be wife and
widow, even if the man who per.
formed the ceremony had neither civil
nor religious powers for such office, nor
had any license for marriage been issued.
To illustrate: Should Mehitabel Spring
time and Dreary Winter desire to wed
and should run across Weary Walker,
who should assert that he was qualified
to fix that little job up for them and
should pronouce them man and wife,
they would be hitched as tightly as