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


cute objected to and ordered stricken ont.
l.. W. simmons-yislted Bagwell residence
the night Of the shooting and told Mrs. BaewelI
Of the murder There was q light IN the house
but had dificulty IA srousing the inmates The
young girl finally came from one Of the back
rooms. On being told OF the shootns Mrs Bag.
well screamed out "My God! Ny Col, II cant
be So" and went into hysterics Visited her
several times during the inquest aud found her
In bed. Make no claim to the reward
with this the state rested its case aud Mr..
whitson, for the defendant, moved for judg
ment Of scquittal ON the grounds that Haryey's
testimony had not teen eorroborated In mate
ial particulars, rs required, according TO ruling.
Of the supreme court where eoconspirators ties
tify in behalf Of the prosecution. The motion
was overruled
The defense then opened Its case by calling
Mrs I II. shannon, Of the Hotel Yakima VIII
stated that she saw Mrs. Bagwell at the hotel but
once on the 18th Of June. She was in the parlor
and asked to be directed to the ladies' toilet.
She appeared somewhat excited. aud said she
was there to find woman for n nurse Hardly
think she was out of the room long enough to
have any conversation with LaNcrgne. The
toilet is In the same direction as room -
Heard her enter and turn the key.
Peter Bellies, proprietor of the Hotel Yakima
after giving LaNergne the key did not see him
again until the next morning atout O'Clock
when he came in and returned the key.
Peter Leonard-was street commissioner In
Jnne and on Saturday previous 10 the murder
LsVergne was working at the headgate Of the
city ditch holding scrapcrs ia the water. His
sleeves were rolled up and his arms were badly
sunburned. Saw him sunday morning and he
said he could not sleep on account Of his arms.
The first witness called for the defense on
Thursday was o. W. Johnson, who said: That
on the morning of the 18th OF June he went, at
2;30 O'Clock, to look over the grounds at the
place where Bagwel was killed IL had been
raining ever since II go aud footsteps and tracks
were plainly visible. 1.-THE tracks were made
by man and a woman. as one pair of shoes
was smaller than the other, and looked like
lady's shoe. Followed the mans tracks through
the alley back OF Collins store, then down
Chestnut, past the church, clear TO the Yakima
river; then down the river to the Natcheez
bridge, where buggy had stopped: tracks end
ed here and buggy turned and came back TO the
city" Cross examination merely ELECTED the
fact that the tracks might have been made some
time.
c. +. Lillie-was police officer at the time
Bagwell was killed; saw him after he was shot.
about a. IN; looked for otprints in the Lee
enclosure: found them; close to the fence was a
place where some one had stood; followed tracks
back through the alley to Natcheez avenue;
stopped there, but the others went on" on
cross examination Mr. Lille said the water
thrown from Lees Kitchen window had hard
ened the ground there so that no tracks could
be SEEM didn't know whether those in the alley
and those inside BY the fence were the same
ones or not.
d. W. simmons-same evidence as that of
Johnson, except that Simmons began the search
at the Catholic church.
W. Il. Clark-ive opposite Lees shoe store;
heard gun shot at 1890; just before had been
awakened by men going to work on railroad;
then heard exclamation as from man startled,
then shot, then footsteps running along the
sidewalk; got up; saw man across street and
asked what 8 up got no answer, but man ran
away, toward house of Tex: then saw Bartholet
and went over and found Tex was shot" Cross
examination brought forth nothing of interest.
Mrs La Vergne-"am wife of defendant; lived
near Sheriff simmons on the night of Bagwcll's
murder; LaVergne was at home that night;
came in about 1920; witness was confused as TO
time saying twice l:20 l opened the door and
scolded him for being late; know the clock was
right because we set 1t every night by the fire
bell; he got up at next morning: he worked
all day Saturday; was not at home all night
Saturday night; Sunday morning wanted him
to go to mass, but he wouldn't and we had
row; / threw water OH him and told him to
leave" Cross exam ination developed as new
facts simply that her husband had said he had
walked to Mckee bridge in the afternoon aud
was hungry, because she had given him no
dinner; they all ate together at O'Clock; was
asleep when he came in; was confused in an-
| swering about time because she felt she should
not be; husband said the reason he was out so
late was that he had to see man about hay and
trading some horses: told me the Bame of the
man but can't remember it; was not Omar
Harvey, as her husband knew better than to
talk about Harvey to her; l am nurse; saw
Mrs. Bagwell Monday when she sent for me-"
Mrs. LaCroix-"am mother of Mrs. LaVergne:
l went to o'clock mass that morning and when
| got back they had a row; she told him to get
| ont of the house: he left; both were mad: she
told me not to let him have any dinner: he SAID.
Jesus Christ, I'll have the best of you" Cross
examination as to time LaVergne returned cor
| roborated Mrs. Lavergne's statement.
Mrs. S. A. Clsrk-"had lived in Yakima over
year; knew Mrs. Bsgwell; went to her house
prior to June IS with Mrs. Roberts to get situa-
ton, as had heard that Mrs. Bagwell wanted
| somebody to take care OF her children; Mrs.
| Bsgwell was moi at home, and | told the little
| girl had a room at the Valley house and for
| her to let me know II l were wanted" Upon
| cross Examination said she was not sure as to
the time of year of this visit; had paid no atten-
| ton to 1t.
Alfred Leonard-showed that LaVergne and
Harvey had never come home together or
worked together at the Mckee bridge, far as
he knew: he worked there with them.
| At this point LaVergne himself was called to
the stand. His testimony was given in a
| straight forward manner, although the language
was broken. He said in substance: Have lived in
Yakima about years. On Saturday before the
Sunday that Bagwell was killed was working
on Ii ditch with a scraper quitting after 5: my
arms got sunburned. / went up town that
night to drug store to get some salve for my
arms, then went to Davidson's livery stable to
sell pony for IS and some hay; went home and
put salve on my arms, then went back TO Dav-
idsOn's again. When went home then 1t was
about II; | went to bed but couldn't sleep, on
account of my arm When got up in the
morning we had breakfast aud my wife wanted
me to go to mass, but wouldn't: ! let her go
and fixed the bed room with quilts over the
windows TO keep out the flies, but still couldn't
sleep as the room was so warm; my wife came
home and made me get out of bed, and threw
water at me and told me to leave the house.
She wouldn't give me any dinner, but told her
I'd get the best of her so l went down to the
Chinese restaurant and got dinner. Then felt
sleepy again, so l thought I'd so TO hotel to
rest. | knew Pete Bellies, SO went to the Yakima
and asked to see him: he was at dinner so | sat