r
"HFPPNFlf
. 5
) 4
!
VOLUME 6
HEPPNER, OREGON, TUESDAY, MAY 13, 1919
NUMBER 2
3)
t
33'
JURY DISAGREES IN
E
SPEEDY TRIAL YESTERDAY GOES
FOR NAUGHT
Defense Stands on "Unwritten Law"
But Court Instructions To Jury
Preclude Acquittal
First case on trial when. Circuit
court convened Monday morning
was the State of Oregon vs. Charles
Morey, charged with murder in the
second degree for the shooting to
death of Alfred Schafer on Decem
ber llth of last year.
Morey and Schafer were neigh
bors living some 20 miles north of
Lexington and until about the time
of the shooting were considered the
best of friends.
On the fatal morning Morey, ac
cording to his own statement, strap
ped his revolver on, rode to the field
where Schafer was plowing and shot
,iim to death. He then rode home,
''fopk his car and drove to Lexington
,!vhere he gave himself up to Deputy
.Sheriff V. G-. Scott telling that of
ficer what he had done.
Jos. J. Nys appeared for the de
fendant and District Attorney S. E.
Notson prosecuted the case.
There was but little delay in se
curing a jury, the folowing men
qualifying as jurors witjhin an hour:
C. E. Jones, J. B. Cason, Malcolm
Church, A. C. Allison, C. H. Furlong,
L. V. Carlson, W. H. Cronk, N. E.
Pettyjohn, O. M. Whittington, E. R.
Lundell, W. P. Prophet and M. D.
Clark.
When the grand jury considered
the case some time ago an indict
ment, of murder in the second de
gree as returned.
Witnesses for the state were Gib
son, a neighbor, who saw Morey rid
ing toward Schafer's place that
morning; A. W. Finley, who was one
of tlie party who removed the body
, from the field to the house before
the arrival of the coroner, believing
' that Schafer had been kicked to
death by the mule plow team, M. L.
Case, coroner, who discovered the
bullet wounds, and W. G. Scott, to
whom Morey surrendered and con
fessed the killing. Their evidence
was only to establish a record and
threw no new ligrit on the case, and
was quickly completed.
Attorney Nys' gtntcmc nt of the t
r?se for the defense revealed that
the line of defense would be the
"unwritten law" that a man 1b justi
lled In killing another who violates
the sanctity of his home.
The defendant took the stand In
hig own behalf and recited fhe story
of the killing. In brief he told how
on the morning of December llth,
Mrs. Morey told him how, In the pre
vious September, Schafer had gone
to the Morey home during Morey's
absence, and, against the woman's
will, had forced 'her to submit to
hit advances. Morey at once took
his gun, rode to Schafer's field and
asked him If the story was true.
Schaffer admitted that it was true
and asked Morey what he proposed
"yout It. Morey then demand
" fit Schaffer sell out Immedlate-
f ol leave the country. Schaffer
relused to do so and Morey sliot him.
Mrs. Morey then took the stand
and swore that Schafer had, previous
to September made rather broad
"breaks" to her and on the evening
i of September 8th he went to her
Is home and spent the evening. About
1 nine o'clock, after the children were
In bed he asked her to go outside and
take a walk. They went out In the
I yard and took a seat In an automo
bile standing there and It was there
she swore that the first offense was
committed. Several days later the
offense was repeated at the Morey
bsrn. She did not tell her husband
of the occurrences until December
eleventh.
A young son of the Morey's fol
low 4. his mother on the stand but
hi 'i.lmony threw little new light
on ttie case.
Arguments by the attorneys oc
cupied but a few moments. Judge
Phelps Instructed the Jury that they
should return but one of two verdicts
murder In the second degree or
manslaughter. The case was given
to the Jury at 3 o'clock P- m.. and
shortly after court convened at 9
o'clock this morning the Jury re
ported to the court ttiat they were
hopelessly la disagreement. The
court however sent them back to the
Jury room for further deliberation.
Just before noon Judits Ie1ps
called the Jury out ad repeated his
Instructions of yesterday, and sent
them b4k to their room. At J: 00
t-'--t..T..'. 1
SENIOR CLASS PLAY
v
V
Senior class Heppner Hi,
will put on the two-act com
edy, "Step Lively," in the
auditorium Wednesday eve
ning, May 21. The play has
has been carefully cast and
the two acts will occupy two
hours. Fourteen people
will take part and a fine
evening's entertainment is
promised.
COUNTY COURT TIES
T
ROAD BOND ELECTIONS ORDER
ED FOR JUNE THIRD
Regular Bills Allowed, IiOcal -Road
Petitions .Considered, .Routine
blatters Attended To
It was an important meeting of
the county court that was in session
last week for at that time an order
1 for the rnarl hnnl election wna muHf
thus formally launching (T.ie biggest
improvement campaign in the history
of Morrow county. Legal notices
calling for the election have been
posted in every precinct in the coun
ty and every step is being taken with
the greatest care to insure against
any error creeping in that might in
validate the road-building project.
The proposition calls for the is
suance of $290,000 worth of ten-year
five and one-half percent bonds and
this amount will, if approved by he
voters be expended as follows:
Oq the Willow Creek section of
the Oregon-Washington Highway,
from Heppner to the Gilliam county
line, $126,000.
On the Oregon-Washington High
way from Heppner east towards Le
na, on Little Butter tteek, $40,000.
On the Lena-Pine City road, form
Lena down Little Butter creek, $10
000.
On the Lexington-Sand
Hollow-
Jaimon road, $5,000.
On the lone-Gooseberry road,
$25,000.
On the Heppner-Hardman-Park
ers Mil! read form Heppner to the
Crcnt county line, $70,000.
On the Heppner-Ditch creek road
from Heppner up Wllow creek
$15,000.
It Is beUeved the bond isue vil
carry In the county by a heavy ma
jority but those In charge of the mat
ter ao not propose to take any
chances and it Is understood that an
active campaign will be carried on
to Insure a complete understanding
of the matter by the voters and to
urge every friend of the measure to
go the the election and vote.
Other matters passed upon by the
court at this session were the audit
ing of regular bills and the follow
ing road petitions':
Tetitlon of E. Bcrgstrom, et al, for
a county road; continued to the June
term.
Petition of Lee White, et al, for a
county road; report of viewers read
and approved and road ordered
ppened.
Petition of Ed Hunt, et al, fora
county road; dismissed because of
defect In petition.
In the niatetr of the appointment
of a deputy county clerk the appoint
ment of Gay M. Anderson was ap
proved and salary fixed at $100 per
month.
n.tCCAI.AUIlATE SERMON SUN
DAY EVENING, MAY 1
The Bacralaurate Sermon for the
Heppner High School graduating
class will be delivered by Rev. H. A.
Noyes, at the Federated Church, Sun
day evening. May Hth. at . o'clock.
All patrons of the school, friends
sod relatives of the graduates and
the public are generally Invited to at
tend this Interentlng service.
V
Tt RPIV ACQUITTED
The Turplo rase went to
the jury just before noon
and at 1:30 the Jury return
a verdict of not guilty.
H-H-S
o'clork the Jury was again called oat
and dismissed.
Methodist Centenary
Smiles to
' Smiles' one of 60 little French
. . , -j a "'-kt' .'v. t -
Methodist Episcopal orphanage In Ecully, near Lyons, Franoe.
This orphanage was the former home of a Swiss painter who left hurriedly
at the outbreak of the war, leaving $10,000 worth of paintings which will be
sold for the kiddies.
In addition to the five orphanages
Italy others will be established very shortly. ' The centenary movement of
the Methodist Episcopal church is making a drive for $105,000,000 to rebuild
the world and out of that a certain arm
the fatherless children of France anil
J. T. KIRK WRITES
OF HIS- TRIP
Alsea, Benton Co. Oregon,
May 9, 1919
Editor Herald:
I left good old Heppner, April 25,
1919, for the Alsea valley, Honey
Grove being my destination.
I hooked up Billy and Buster, t'.ie
buckskins to my half hack and stai t
?d on my journey down to lone.
There I visited over night with F.
B. Ritchie and family, my son-in-law
and daughter. The next morn
ing I was joined by Clifford Thom
as, son of James Thomas, of Lex
ington who accompanied me. L
trailed a span of horses equipped
with collars, behind the rig. Wc
left lone at 3 o'clock a. m., and ti&v
eled down Willow creek to Horse
shoe bend. From there we went
over on East Shuttler flat, stopped
all night at T. J. Dean's and we were
royalley entertained by those good
old timers. They have lived for 33
years on that fine farm of (50 acres
The next morning we hooked up
and started orsour way. At Elghtmlle
we struck the old Immigrant trail
that I traveled with my parents In
1865. I have to be a little careful
here or I will be telling my age. We
traveled west across West Shuttler
flat a fine farming country quite
different now to what It was When I
crossed it 41 years sgo when I came
to Heppner, then Umatilla county.
We hit Kock Creek about eight
miles sbove John Day river and went
down to the ferry where we nooned
on the north side of the river. There
Cliff discovered that he had left his
collars at Mr. Dean's. We railed the
ferryman over and crossed on tiie
other side and pulled ud a lone
grade to get up on top again. There
we found as fine farming country as
ever lsid out of doors. We passed
down through Wasco and saw
prosperous farming country with the
grain from one to two feet high
not one acre but thousands of them
I aked a farmer whst such wheat
made per sere and he said from 36
to SO bnshels and I bettered him
we passed o down a crek (I did
not gt the name) to the beautiful
Columbia River and tried to get to
stay all night aa we had traveled
shout 49 miles that day. Tbey aent
ns on down to the nest place and
there tu nothing doing. We went
on to Willows toll bridge and tried
to stop there; bo ant ns on to the
nest place on tot of tbo bill,
miles and be put np the plea that
he had no place for to lodge. Wo
told htm we bad oar own beds and
Brings
4-
Wee French Lass
v
girls Jlo huve found a real heme in the
the church already has In France and
will be set aside to create homes for
Italy. .
INTERESTINGLY
rO ALSEA VALLEY
only wanted to get shelter for our
horseB. . "I haven't any hay," he re
plied, and we told him we had our
own reed. He then said the room
was all taken but we could tie up In
the conall and we told him "No
thank you, we will move on." We
went down five miles to KairbanTts
where the young man put up tflie
same plea. By this time I thought
It wuh time for me to make a plea
for dumb brutes and humanity so I
hopped out of the rig and said:
'Here, young man, I have driven this
team 55 or 60 miles today end I am
not going any further." He said he
would go and get a lantern and that
he guessed we could have stall room
He led the way across the creek to
fine big barn where there was
room for 50 horses and not one in
the barn. He said he hadn't a place
for us to sleep and I told him not to
mind, that we had our beds and
would take a stall alongside of the
horses. I asked what the charges
would he and be replied 25 rents. I
flltped him a half, he thanked me
and Ills mouth stretched from ear to
ear. I guess he took us for gypsies
horse traders from the looks of our
outfit (we might have looked It at
that.) We got up at four the next
morning and hiked In to The Dalles
for breakfast but tulHMd the seven
o'clork boat for Portland. After
breakfast I heard of one of my lorn
friends that lived at Lyle, Wanning-
ton, nine miles down the river. I
crossed over to Grand went
down on the north bank line to I.) le
got an auto ride out within a quar
ter of a mile of my destination and
walked over to Charley MrNitb'a
There I found blm and family lorat
ed on a hundred acre ranch with ser
eral acrea of orchard, fifteen arres of
alfalfa on bench land that was about
a foot high. I visited with them for
a couple of hours and then walked
Iwuk a mile and there found my old
time friend H. I. Ptrattan and lf
and two eons nlrvly sHuntM on s
00-acr tract, twentyflve acr-a of
Newtown and Wtnessp apples. A
frlut dealer runs and Inffwwted his
orchard and estimated the yield at
3000 bores and offered to contract
tbem at two dollars a bog, which he
refused at the present time. stay
ed nil night and tbo sett morning be
bowed bla kord of Abadras-
Angas cattle. It head of cows and
belferm. Tbe-r were eertalnly a
fine looking bunch. Also about lf
bead of Dwroo rod bogs and they are
sorely money-maker now. They
n
ATTENTION RED
WORKERS
CROSS
All auxiliariaes and branch
es that have not reported
number of sewers and knit
ters for November 1, 1918
and February 28, 1919, are
requested to do so at once.
MARY FARNS WORTH
Secretary Morrow County
Chapter, A. R. C.
HEPPNER LODGE OF
ELKS MAKES GROWTH
BIG
CLASS INITIATED AT ROUS
ING MEETING THURSDAY
New Home to be Erected This
Summer Attracts Many
Members
That pi ogres begets progress is be
ing proven at every meeting of Hepp
ner lodge No. 3 58 Benevolent and
Protective Older of Elks.
As soon as the decision was made
to erect a new building as a modern
.uuSe nome, uie memoersnip Degan
I to grow by leaps and bounds and the,
record last Thursday evening shows ;
that Heppner is soon going to be
some lodge In point of membership
as it has always been in point of per
sonnel. At Thursday's meeting 46 applica
tions for membership were favorably
balloted upon, 24 new members were
received Into the lodge by initiation
and 24 new applications were pre
sented. Heppner lodge Is unique In being
the only organization of Elks holding
a charter from the Grand Lodge in a
town of less than 5000 Inhabitants,
a special dispensation having been
granted the lodge making this conce
ssion at the time of Its. organization
because of the vast territory trlbli
tary to Heppner. Members of Hepp
ner lodge come from four counties,
Morrow, Gilliam, Grant and Wheeler
and many of the class initiated
Thursday evening traveled 4 0 to 60
miles across the country by automo
bile for the ceremony. The follow
ing cIhkh was Initiated:
Vernon Chronicle, W. II. McCully,
Jas. T. Wilson. C. D. Anderson. E.
Ilooher, Frank Molten, Matliew l'llt-
er, Ed. O. Selliy, Condon: W. 11
Cronk, lone; P. A. Anderson. J. E.
MacAnally, Dr. II. F. Ilutler, Jos. J.
NyB, W. P. Mahonry, Ilerton L. Lew
is, C. E. Edwards, Kenneth K. Ma
honey, H. C. Woods, L. Van Maiter,
Roy T. Cor h ran, Heppner; David L.
Lemon, E. W. Snell, Arlington; Jcin
P. French, Gurdanu.
Following the impressive Initia
tion ceremonies hi yu muck a murk
was served In the dining room and
a social hour or two was passed,
uch as only can be enjoyed by Elks
In Elkdom. Those who were pres
ent declare that If old Ponce de Leon
had only been an EITt and could have
attended an occasional youth-renew-
lug Elks, blowout In Heppner lie
would never have wnsted his time
hunting for that mythical fountain
in Florida, for, they say, years and
rote slip off a fellow at an Elks'
feed like water off a duck's back.
Mis (i. W. Swaggert left last wi
for Montana where she will spend
several weeks vlHltlng relatives'. She
will also visit In Spokune before re
turning.
I .JJJJ-I I I
INFORMATION W AN I I D .J.
I'
Mrs. Harriett Kennedy, .J.
of Fossil. Oregon, Is analous
to lorste her brother, Luther .J,
Hamilton, who she thinks Is j
somewhere In the Heppner
country, probably working
for some she"pmsn. Anyone
bsvlnr Informntlnn about
Mr. Hamilton or his present
addr or whereabouts will
ronfi-r a favor on Mrs. Ken
nedy by giving lier this In
formation by letter or other
wise. -W-M-M-M-MH
re n ire n grsss and acorns. He ha
0 arret of fall whest H Inches big
which looked like 40 bushel wheat
to me. Wo wsndered bark to th
house where I rislted for a couple of
hours Then It u a boot train time
so I hiked bark to Iyl snd boarded
(Continued on IHge flli)
LENA CITIZENS ARE
FOR PROGRESSION
GOO DROADS, BETTER MAIL SER
VICE WANTED
Town Will Stae Round-Up July 4
Slake Pendleton Sit Up And
Take Notice
That the progressive and prosper
ous citizens of Lena precinct are
awake to the importance of the wave
of modern progress that is just be
ginning to sweep over the country
and of which Morrow county is now
planning to .secure her quota was
evidenced last Friday evening when
Hon. James S. Stewart, formerly of
Fossil, but now claiming his home at
Corvallis but who is now a sort of a
citizen-at-laige of the state, living
with his hat and sflioes on moRt of the
time while sperading the gospel of
good roads throughout the state,
made a good roads address to a big
crowd assembled for a dance in the
Lena hall.
A party of Heppner men had plan
ned to go to Lena in the interest of
the proposed rural free delivery
route between Heppner and Lena
and Mr. Stewart happened to drop in
just In time to join the nartv and a
combination rural route-good roads
meeting was the result
Lena people got a pretty hard deal
last winter wTien they had occasion
to come to Heppner on account of the
condition of the new grade over the
Jones hill which was completed just
as the fall rains began and soon be
came a mire of muck. However,
since tbe new grade has become sett
led and the county court has given
assurance that steps will be taken, to
keep the grade in passable condition
until such time as the permanent me
cadam improvement can be ade, the
community Is strong for every phase
of ie good road program as well as
for a dally mall connection with. J. lie .
county seat. -
BeBldeg talklcg good roads and
mail routes the wide awake people of
Lena stirred tho Heppner visitors up
on the Johan Day project and also on
mproved train service between
eppner and Portland. They want-
to "know what the Heppner Com-
erclal Club Is for if not to get be-
n such, matters nnd boost. Ono
speaker declared that the minutes of
ery meeting of the commercial
ul) should bear some reference, to
hew Important matters.
The dance Friday evening was a
eat success and everyone present
emed to be 'having the time of
heir lives.
Mayor Tom Johnson of Lena who
eeently ved there from Heppner
arted a store and assumed every
Ity office from mayor down, Is en
thusiastic over the future prospects
f that community. Mont every Sat
ay lately they pull off a round-ap
erformanre and, the mayor nays, ar
rangements are now being made for
big celebration July 4th when a
round-up will he Btaged that will
make Pendleton sit up and take no-
llr
ce.
Those who went out from Hepp-
er Friday evening Included CIish.
Thomson, M. D. Clark, Win. Iluylor,
H. Drown, ,S. A, Pattlson, W. L.
MrCnli-h, Henry Colin, Dr. Condor
nd Hon. Jhh. S. Stewart. Mr. Slew-
art refused to dunce any on Plie
it runnel Hint, being a Krntrhiiun, lie
whs never sllle to fllllt before dllV-
Iglil, once ,e started, and as Dr.
'ondor anil Mac Clark are both inar-
d nun the Herald will not say
whether they danced much or little.
HI I'l'VUt HEAI.TY ACTIVE
Mrs. F. Luper yerrterday closed g
leal for the purchase of what Is
known as the Ilortcher building, on
Main street and also the lot on
upper Main street formerly o.upd
y the "Iliewery" building from In..
Star Ilrewlng company, of Portland.
The consideration was not made puh
Me. The hulldlnr Is of rnnrrei ami
s first class roriM ruction snd Is now
cniplcd by Patterson 4V Clair's bin-
tier shop and Otto's music ton-l-ftT
Mrs. Luper will occupy the
present music store with het Dilllln
ry parlors.
A deal In also reported hut not
ret closed In which Patterson 8oi
ro negotiating with the Heppner -tat
for the building recently v a' a ted
by tbo Case rnmltare enmpaoy.
tin. Nellie Underwood, of Condon
n the guest of Mr. and Un 4m
E. Van Vactor Tbarday treats
-I
tV 'it
h l-
I