The Yakima herald. [volume] (North Yakima, W.T. [Wash.]) 1889-1914, 1894-10-11
One Of the Most Remarkable Murder
Trials In Criminal Annals.
LAVERGNE'S LIFE IN The BALANCE
omar Harvey Admits the killing.
Hat says &c Was Directed by La
vergne aud That his Act Was the
Result OF Fear-The shadow OF
the GaiioWs.

monty known as TEX" was shot dow
in cold blood, when within lew rods OF
his home, by an assassin concealed in the
shadow OF Lees shoe store. 1t vas iht
greatest criminal sensation of central
Washington, rs we'll as the most pro.
found mystery. TEX" was not known
to have any enemies and robbery could
not have been the incentive for the com
mission OF the crime, as hundreds Of dol.
lars worth OF diamonds aud jewelry and
considerable money was found upon the
person of the murdered man. The in
quest lasted for three days and although
suspicion with its blighting hand fell
upon Frank LaVergne and Mrs. Philo-
meme Bagwell, the alleged wife of Tex,
no evidence could be obtained that war
ranted an arrest and it looked for a time
Ms though the matter would be allowed to
die out and the guilty escape punishment.
There was, however, one who did not
propose to see such q termination and
persistently he has been following every
clue until now the shadow OF the gallows
gives promise of enveloping the assassins
On or about the 2lst day OF August. OH
information tled by Milburn q Wills,
there were placed under arrest, charged
with the murder, or being accessories to
the murder, Mrs. Philomene Brassard
alias Bagwell, Frank LaVergne and his
son Louis, Omar Harvey, j. II. King and
l.. ID. Joslyn. AT the preliminary exam
ination King and Louis LaVergne were
discharged from custody. Joslyn's case
was continued on account OF his illness,
and the other three defendants were com
mitted to Jail without bonds. Efforts
were made to get Mrs. Bagwell and La
Vergne out on wrts of .habeas corpus,
but they were unsuccessful. and on Tues
day the first case, thot OF the State OF
Washington versus Frank LaVergne,
charged with murder, was called in the
superior court before Judge Graves.
Although it was expected that little
more than the impaneling OF the jury
would be accomplished the first day the
court room was crowded and remained
that way during the entire session. Mrs.
LaVergne and Louie LaVergne, wife aud
son OF the defendant, were in court, as
was also smattering of the softer sex
who watched every proceeding in this
%Ame for life with the closest of attention
Prosecuting Attorney Rockford and III. j.
Snively appeared for the state and Ed
ward Whtson and Vestal Snyder for the
prisoner. The entire morning and an
hour of the afternoon were consumed in
selecting a jury. The regular panel and
one or two specials were exhausted be-
fore both sides were satisfied. Quite a
number OF those summoned were excused
on account of having formed an opinion
as to the guilt or innocence OF the defend.
ant, while others we're excused because OF
being opposed to capital punishment.
The defense pre'emptorily excused ten OF
the panel and the prosecution five. Fin
ally both sides declared they were con-
tent and the following jurors were sworn
in: Noah Beckner, Orlando Beck, ID. l..
Bryson, Louis Anderson, Albert Hall, W.
N. Blew, A. l.. Little, J. w. Reynolds,
Lew Arnold, Z. Mcdaniel, w. W. Curry,
s. Huntington.
The first witness called was DR.. G. j.
Hill and his testimony was merely as to
cause OF death. The prosecution eudeav-
ored to snow the calibre and character OF
the gun used through the nature OF the
wound made, but the objection OF the de-
tense was sustained. DIR. Hill was fol-
lowed by W. s. Davidson. who testified
in the main as reported at the inquest.
He stated in addition that some time in
the night OF June, IL, or near that date,
about IL or IL 80 o'clock, he saw La
Vergne going down the alley back of the
Bagwell residence and enter the Bagwell
premises.
Thomas Norton, policeman, stated that
he saw LaVergne and Omar Harvey on
First street, near the Modern store on the
night OF the murder. 1t was after ten
O'Clock. Defendant asked witness ii he
needed any hay. They all walked down
to Dooley's saloon where they took a
glass of beer and then went out. That
was the last the witness saw of LaVergne
and Harvey that night.
Peter Bellies, proprietor OF the Hotel
Yakima, next testified as to LaVergne
coming to the hotel about o'clock in the
afternoon OF Sunday, June II, at which
time he told MIR. Bellies to register his
name as coming from Kent. Witness
noticed Mrs. ard-Bagwell at the
hotel that afternoon. She was there ten
turned short time after and remained
there about the same period of time. Had
never seen LaVergne nor Mrs. Bagwell
there before.
Louis Boyd, waiter at the Hotel Yak
Mrs. Bagwell at the hotel in the afternoon
"
about 5 :15 O'Clock and ten minutes later
LaVergne appeared and went away.
James Clinton, formerly porter of the
saw LaVergne at the hotel on Sunday,
the 18th OF June. Witness went to room
% which had been assigned to
found that the bed clothes had not been
IL
the hotel that afternoon. She was in the
hallway on the second floor going in the
direction Of the room occupied by the
prisoner. Mrs. Bagwell acted as though
she had been drinking and when she left
the house witness opened q window as
she passed down the street and heard her
say "I'll fix the ~
She was talking to herself.
Sheriff Simmons testified that defend
ant lived near the residence of the wit
ness-four or five lots distant--snd that
omar Harvey lived between.
Mrs. Harvey was called. She is good
Appearing and we'll dressed young woman
and gave her evidence in modest man
ner. Attorney Whitson objected to her
taking the stand on the ground that the
witness was the wife of one of the pris-
oners. The objection was overruled as
the prisoner, Harvey, was in court and did
not object. Mrs. Harvey said that La
Vergne called at her house on June II at
q O'Clock p. m. and asked for Harvey.
who was then absent. LaVergne return
ed at 9 o'clock and the two left the house
together. She was asleep when Harvey
came home, but awoke Just as the clock
was striking. She asked the time and
her husband answered, half past twelve
The portion OF the testimony regarding
the time of Harvey's return was ordered
stricken out, on an objection.
The senaatinnal mart of the trial was