The Yakima herald. [volume] (North Yakima, W.T. [Wash.]) 1889-1914, 1894-10-18
LAVERGNE'S SENTENCE
He Is GiVsn Twenty Years on a Verdict
Of ManSlaushter.
MRS PHlLONENE BAGWELL DISCHARGED
Lavergne Makes "a Confession He
fore Being Taken to the Penis
Harvey Going CrazyT-ue was Ac-
companied Home ny Texts Ghost.

compauied Home ny Texts Ghost.
By this time Frank La Vergne has
probably had his hair clipped and don.
ned the striped suit peculiar to the peni-
Tertiary for he was taken to Walla
Wsla by Sheriff Simmons. on Thursday
morning, while in the afternoon his wife
took the excursion train for the Inter.
state lair al Tacoma.
At the time The HERALD went to press
last week the case was in the hands of
the attorneys for argument. Mr. Whit.
son pleaded ably for the prisoner and
made the best of bad case, but all
were convinced OF LsVergne's guilt and
a verdict OF murder in the first degree
was looked tor, but juries are very uncer-
tain and after being out few hours thev
settled upon verdict of granddaughter.
On the first ballot I've Of the jurors were
for manslaushter and seven for murder
in the first degree. One of those for man
slaughter weakened and then it stood 8
to 4, but the four would not bulge and
finally carried the eight with them. The
news OF the verdict was a disappointment
to the people who could not realize how
any verdict could be reached under the
instructions of the judge other than
guilty of murder in the first degree" or
innocent" 1t certainly was not the lat
ter. and how it ever came to be man
slaughter is one Of those conundrums
that are past finding out.
The days passed away until Wednes.
day without motion being made for a
new trial, and that morning the Judge
told LaVergne to stand up, and asked
him il he had anything to say why sem
tence should not he passed Upon him.
The prisoner had been rubbing his eyes
for some time previous with bandana
handkerchief and had managed to get into
crying mood by the time the judge was
ready to sentence him and he shook his
head in answer to the question but did
not speak. Judge Graves said that the
jury had found the prisoner guilty of a
very cold blooded murder. but what nit
igating circumstances he'd been discover
ed, or why verdict OF manslaughter
had been returned he had been unable to
find out. The sentence OF the court was
20 years imprisonment in the penitentiary
at hard labor, a fine of 81 and the costs
of prosecution.
As LaVergne is between forty-five and
fifty years OF age, this sentence practic-
ally means life. He may reduce his
twenty years to about fourteen by good be-
havior, but the probabilities are that his
opportunities for the further commission
OF crime are greatly curtailed il not al
together done away with. There is no
Mr.. Snively, who was for the prosecution,
one of the strongest bits of evidence,
which was not brought out at all in the
trial, is that while testfying infinitely at
the coroner's inquest as to his compaR-
ions and movements on. the night of the
murder he never mentioned being with
Harvey or called his name, while the
trial developed unquestionably that he
was with him for several hours, and that
they had come down town together. One
point that is undoubtedly the truth. and
which was not brought ont in trial, is
that Harvey looked upon his victim be-
fore the burial and that then for the first
time he came to a realization of his crime.
When he went home that night ne felt
that TEX" was beside him all of the
way and he was SO scared by the time he
reached his house that he told his wife Of
the murder.
The case against Mrs. Philomene Bag
well was called for trial on Saturday, but
the prosecution asked for her discharge,
which does not prevent her being rear.
rested at any time-if she can be found.
Mrs. Bagwell, the mother of Tex" has
made application to the court for an order
to prevent further allowance being made
to the alleged wife of her deceased son
and the matter will come ND for hearing
next week. After that the state will
probably take further action with regard
to the crime end arrests may be made of
persons not heretofore known in the mat
ter. One thing is certain-Justice is not
through with her work for the scales dom t
balance.
Harvey still fingers in Jail and is a
prey to melancholia. Mr.. Snively is OF
the opinion that so great is the strain
upon him that he will 20 insane within
the next go days. The case against him
has been continued for the term at the
request of the prosecution.
Pre- ious to being taken to Walla Walla
LsVergne made confession. alleging il
to be the truth and the whole truth, but
Sheriff Simmons is firmly OF the opinion
that it is mainly built on q foundation Of
lies. The nature of the confession has
not been made public property.
ID. +. Lesh and w. l.. Jones visited