"W ' I " - " " " " I II .. Ill 1 " L, I, IU . I r - - - - - ------ - 9 VOLUME 6 HEPPNER, OREGON, TUESDAY, MAY 20, 1919 NUMBER 3 HFPPNFR Hi SON WINS GRANT COUNTY CAnLE CASE MORROW BOYS HOME FROM THE ARGONNE THE GRADUATES ELKHOKN RESTAURANT CLOSE Wll.l, JOHNSON JFRY AWARDS PLAIN TIFF $6000 DAMAGES Attorneys Battle For Days in mous Case Which Will Be Appealed Fa. 44444 THE JURY 4- Jac"k, Hynd, W. Cronk, .J. C. E. Johnson, E. R. Lund 4 ell, Andy Rood, Jr., J. D. .J. Bauman, C. M. Whittington, 4. 4. Joe Howell, M. D. Clark, C. 4 4. E. Jones, Malcolm Church. 4 f 4IH4MH4-M44M The big damage case transferred .ere flora Grant county went to trial i 1 in Judge Phelps' court Wednesday .'", '...-ning and has proven to be the star case of the term. This is a case in which James Johnson is suing Ben Colvin to re cover the value of some 30 Ilead of cattle which were stolen from John son's range in the forest reserve in Grant county during the summer of 1912. In addition to the value of the cattle Mr. Johnson- asks for re imbursement for his time and expen ses while hunting for the cattle and also punitive damages In the sum of 130,000. p Judge Fee, of Pendleton, and John !r. L. Rand, of Baker, are attorneys for V the plaintiff and Col. Raley, of, Pen ' dleton, E. Hicks, of Canyon City, and Sam E. Van Vactor, of Heppner, are k looking after the interests of the de k fendant. t In his testimony Johnson told how ' when selling his beef in 1912 he cut out his best young cows and heifers ', and turned them back on the range J intending to keep them for breeding 1 purposes, and that a day or so after Phil Brady, Jim Daily and Roy Wakefield, well known Morrow county boys, who left Heppner to gether and remained together thru all the ups and downs of war have received their discharges and return ed home. The three were twice at the front in the Argonne battle and Brady witnessed the death of Jim Shell, of Condon, who was killed by a shell explosion the story of which is told by Colin Dyment and reproduc ed in this issue. Mr. Brady says he was not partic ularly crazy about going across in the first place but that now he would' not take anything for the experience. The three boys were in France nine monhs and took part in plenty of heavy fighting during that time. MAY TERM OF COURT CLOSED THIS MORNING MOREY PLEADS GUILTY DRAWS LIFE AND Number of Minor' Cases Disposed of Yestedray by Judge Phelps Who Permits No Lagging THE present week is a most important one in the lives of a considerable number of Heppner youth, boys and girls or should we say young ladies and young gentle men the class of '19, Heppner High School, who are just now ' "Standing with reluctant feet where the brook and river meet," Reluctant, perhaps to sever the happy relations of childhood's school days, yet impatient to step out into the larger affairs of life intent on the Great Discovery of just what this old world has in, store for them, a-nd just what they will be able to wrest from the fickle hand of Opportu nity in the way of achievement, service and success. It is well for them that they are young, filled with enthusiasm and courage for in this age courage and enthu siasm are two of the vital elements" of achievement. When we older ones witness the closing exercises of their public school days next Friday evening we will ferventlybid them God speed on the wonderful journey up on which they. now start as we recall Longfellow's lines: "How beautiful is youth, how bright it gleams, With its illusions, aspirations, dreams; Book .of beginnings, story without, end Each maid a heroine and each man a friend. 'In its sublime audacity of faith, 'Be thou removed,' it to the mountain sayeth, And with ambitious feet, secure and proud, Ascends the ladder leaning on the cloud." Ed. Chin, proprietor of the Elk- horn restaurant, has decided to close the business for the present, store his furniture and fixtures and take a vacation. Ed's partner, Ben, went to China for a visit several months ago and according to the last word had from him should have been back in Heppner some time ago. Until his arrival Ed. does not care to pur chase or take a long lease on other property therefore has decided to re tire from business for the present. Heppner people will miss the Elk horn which for many years has been a landmark. Since the fire last sum mer the place has done an immense busines. It is said tSie place fed more than 400 persons last Sunday GATES MAKES SURVEY WITNESSES DEATH OF E JAMES SHELL INSTANTLY KILL ED IX ARGONNE FIGHT Cleo Drake, Eightmile, Close to Hint At Time Escapes Without Scratch SAYS ( HEAP LIGHT POWER NOW ASSURED HEPPNER The May term of circuit court ad journed tlhis morning shortly after 8:00 o'clock the last judicial act of Judge Phelps being to sentence Char les A. Morey to life imprisonment for the murder of Alfred Schafer. Morey was tried laBt week the jury disagreeing on a 11 to 1 vote. Sat urday evening Morey withdrew hii former plea of not guilty and entered a plea of guilty. Morey's own test mony while on the witness stand shut out every avenue that might have remained for acqultal or lighter ver dict and it is understood that he re fused to folow the instructions of his Five Mile Conduit Will Drop Water 700 Feet Develop 400 Horse Power O. E. FARNSWORTH, RESPECTED PIONEER OF COUNTY, PASSES attorney either while his case was turning them out they were driven bein6 Prepared or during the trial, from the range. He recited how, The damage case of J. L. Davidson after missing the cattle he started in vr. Morow counly, on appeal from search of the animals the trail fin- the county court Involving damages ally leading to the Union Meat Co.'s :for the cpening of three'new . roads plant in Portland where he found through the Davidson ranch went to Kieir hides. The cattle had been ' trial before a jury and was decided Bold by the Benson Commission Co., jn favor of the plaintiff who was of Portland, to the Union Meat Co., 'awaided some $i400 damages, for one J. B. Jingles, who shipped j A cHminft, case fronl irvlgon Id the animals from Condon. Johnson ; whjch one John KuvaUls was arg--ecovered the price of all the cattle wRh polntnK a KUP nt a n(!lllhhrn whose hides were found and identi-,was deelded in favor of'the defend- fied, from the Benson commission ant the state not having sufficient evidence to warrant a conviction. Tlr duni'iSTP case between James Carty and John Doherty involving a sheep and range deal was settled Co. and came home. Later he caus- d the arrest of Ben Colvin, Monard I Fix and LeBter Goff on the charge of 1 stealing ttie cattle and In a sensa- I linnet trial at Cnnvnn Citv Fix nlead f guilty, Goff was convicted and sent dismissed. 1 to the penlntlary and Colvin acquit- i I tgd " I BACK FROM ENGLAND J As an aftermath of the cattle steal- j Charley Ayers, who has been In J lng case Colvin was tried for perjury the army for the past two years, j and was again acquitted, j spending most of his time in England i The story as unfolded by the -wit- returned to Heppner Sunday even- ' nmci would make a thrilling seen- ng after having received hii dis- j erlo for a movie film, wjth Ita back- ; charge at Camp Lewis. ground of cattle ranges, mountain j Charlie Isn't particularly crazy 4 trails and Impenetrable canyons, its' about the British Isles and says he netting of slick-ears, saddle ponies, would much prefer taking Vila chanc el V-'lariaU and branding Irons and Ita es at Argonne than to do another 1 cast of cattle barons, cow boy, gun stunt of police duty in England. Is men and thelves. The latter term ,he glad to be back In Heppner? Oh, J is adapted from testimony in the case boy! With the passing of Orin E. Farns worth, Heppner loses one of her oldest and most highly respected residents. His death occured at his late home in Heppner, Oregon, May 14, 1919. Orin E. Farnsworth was the son of Stephen and Mary N. (Locke) Farns worth, who were natives of New Hampshire and of Scotch and Eng lish descent: His birth was in Ha verhill, N. H., November 27,' 1846, In which place lie was- educated and passed the early years of his life. His educational advantages were good and well improved, being an alunius of a leading academy. At the age of 16 years he enlisted in Company C, Seventh Kansas Cavalry,, where he served lor nearly one year or un til the end of the war, being muster ed out September 29. 1865. At the close of the war he came via the Is thmus to California, lemaining five years in San Francisco, four of w'hlch weie spent in mercantile business and one In the service of the Inter nal Revenue department. In 1869, he migrated to Portland, 'Oregon, en gaging theie in the general mercan- 1875 came to this county, or the re gion that Is embraced in Morrow county, settling on Rhea creek Here he took up a section of land anil started In the stock raising btisi ness wh'.eh developed into one of the largest personal achievements of any in this county. Four years ago Mr Farnsworth retired from active busi ness life. He served as city councilman for H. V. Gates president of tfne Hepp ner Light & Power company and who by the way is one of the leading hy draulic engineers of the Northwest, spent Sunday in the city Colvin V. Dyment, American Red Cross searcher with the 91st Divis ion is writing a detailed account of the Argonne battle for the Oregon ian and gives the following' account of the death of Corporal James Shell of Condon, which was witnessed by Sergeant Cleo Dra'ke, of Eightmile, this county. The story follows: On the 29th the colonel started for Gesnes with his men. His repu tation for indifference to enemy fire was put to the firey test oh that af ternoon, and it held. He walked along, twirling a cane. He was pret ty well over to the right flank and it was Improbable that, with fire from two sides, he would get far; and he didn't only it happened to be a wound instead of death. He lay on the ground mourning. "For years I have been hunting an army," he said, "and now that I've found que I can't go on with them. Just see the go." The col onel was carried back and recovered. Pacific He oeca,,,e. a colonel of military po lice In Paris, and the writer has after having been on upper Willow heard one 91st mnn counselling an creek with an engineering party 0,Jier: "If ct in trouble in Par- maliing a survey of the line for the l8' nlake the M' p- tel1 Colonel Park- ninnnsfH nnwer nlnnt wWb htq mm. er' W1U hlm B 91"t mH can't do pany proposes to develop a water I ttnytninE wi ong," power for the purpose of developing t Fresh rations and tobacco put men electric power for use In Heppner, I in good spirits over In the damp foi- LejVngton, lone and the Intervening 1 holes on Miller hill, and Private John country. I Boyce of 99 Monte Crlsto avenue, To a Herald representative Mr. Oakland, Calif,., and Private George 18 years t,nd two terms as mayor of Gatf9 lated tha the P'0' hvft8 al- Kennell of Hanford, Calif had both fl'.ie city, giving universal satisfac tion by his faithful efficiency In tne discharge of the trust imposed upon him. Mr. Fainsworth was married to Miss Catherine M. Pray in Portland, Oregon, on June 18, 1873. Besides the widow there are seven childen left to mourn his demise; Frank P Farnsworth, of Riverside, Wash., Mrs. W. L. Dlnsmoor, of San Fran cisco. Edward T., Mrs. J. W. Beymer Miss Mary H., Mrs. I. E. Biisbee, and Kill Farnsworth, of Heppner, Ore- gun. TV.ere are also six granriclii'd ren all of Heppner. Edward Hurl Young, Orin and Katherine IilHbef and Katherine. Willis and Helen tile .business for four years and-in FaniHWorth. RET CRN'S FROM MAYO CLINIC caie and It may be nald that If there are not nor ever have been any cattle thieves in Orant county the liars out that way must have grown taller than the chickens ever did In Chey enne. James Johnson, plaintiff, In the cane, was the first witness examin ed. As Indicated above Mr. Johnson told of turning the cattle on the range and salting them at his lick on the reserve and of his subsequent search for the missing animals and of flndlnc the hides In Portland. Mrs. Johnson assisted her husband .,n tarninf the cattle out of the pas- j ff Slrm and driving them to the salt- ' .' 2t ground and she followed him on the stand corroborating his testi mony at to day and date. Following Mrs. Johnson fame Jamea Clark who proved to be the first real thriller of the day. Mr. Clark lived on the north fork of the John Day for many years and accord ins to M testimony he had a band of hors there and besides looking after them he worked oa the range for Un Colvin. He and Colvin were always friendly, Clark testified, atjd he went ob and told In effect how Colrln tame to hla place one evennl during the summer of HI J "d told ' him the be CoMn) wanted to make It so warm for Jim J.no that l would have to leave the sountry and promoted M itP l I direction Continod on Pt n? ) Vic Groshen's crew have finished their work In Buttermilk canyon end will commence widening upper Main street tomorrow. 5- -M-r-M-M-H-K-I-M-I-yi- MEMBERS COMMERCIAL .J- 4. ai ll ATTENTION .J. 4. There will be a meeting 4 of the membership of the -J- Heppner Commercial Club . in the council chamber WeJ- f nesday evening, May 2 1st ai which insttera nf importance ! to the Interest o' Mcrt w -J county will be considered. Hon. C. E. Woodson will 4. discuss the different mess- 4 tires to be voted 00 at the June election and road mat- 4 ters of viul Importance to tne county will be consider- 4 ed and psssed upon by e 4 rlub. ! Action by the club will al- be tak n either endorsing or 4 refusing end irmnt to the 4" different measures on tha 4" June bsllit. 4 A full attendant of the 4 membership It urged at this 4 time. 4 W. P. KAHONET, President 4 S. A. FATTISON. Secretary. 4 A ;MI BALL tJAMK Dr. and Mrs. A. R. McMurdo and little son Teddy returned last Tues day from a visit of several weeks duration at Rochester, Minnesota. where the doctor was doing special work In surgery at the Mayo Insti tute. The Mayo brothers . are the most famous surgeons In America, If not In the world and Dr. McMurdo bays their methods are the last word in surgical wlence. While at the clinic Dr. McMurdo had several Interviews with Dr. Rose- now, the famous bacterlaologist, who was formerly wirh the Roekerfeller Institute of New York, but who left that Institution some time skcj to Jol nhls talents with Mayo brothers. In these Interviews Dr. McMurdo be came familiar with all of the latest methods In the treatment of Span Influenza as well as the latest Idem In modern medical methods thereby cquiping hiniMlf with a fund of the hesi present knowledge In both nied Ictnc and surgery. Dr. McMurdo says the trip was by ao means taken as a vacation or pleasure trip but was devoted to hard work In acquainting RDLU R hard work In acquiring Information which will best serve bis patlentt In Heppner and vicinity. The report at the time of the Mc Murdo't departure for the east that they were taking their little son to the Msyos for treatment was entirely erronlous the lud accompanying them only as a companion (for his mother while the doctor was pursu ing bis work in the Institute. Speck. Aiken's All-Star team of eat-'em-alive artists cleaned ' up on the Eightmile team last Sunday In a hot game that was nobody's by de fault for several Innings, Manager Aiken showed good judg mf-nt In advance by securing Hob Neill, Heppner's former favorite fan nur el nitch this name and the game was ours. Eightmile has players and It Is no small Job to take their several scalps but the All Stain nal to the task. Oay M. Anderson wflio has been niMakenly spoken of In these columns ss a lias- fleen proved Hunday that he Is neith er a lias-been nor a "will be" but strictly an "Is." Many otln-r players are coming back In fine form and Mutineer Aiken snvs Hi ipuer will loon be back on the map as sn A No, 1 ball town. say positively that the plant will bel Sergeant Allen Passenger, of route Installed and when completed will 4 box 355, Seattle, had juBt talked supply the territory covered with I with them, and now was in his hole electrical energy at a rate so' attract-1 1 5 feet distant. It was 9 A. M. on ive that not only will light and pow-ltfhe 30th, hundred hours having Just er be supplied at only fraction of 1 begun. Kennell and Boyco were on the present cost but that Heppner the front line so close to the top of will cook their food and heat their I Hundred Hour hill that the traject- houses with electricity as cheaply as lory of a shell would commonly carry they now do. with wood and coal. It over. Fritz, perhups crestfallen, l'he water for tills purpose will he over the taking of Gesnes, on tha taken from Willow creek at what Is day before and not yet daring to known as the Yoa'kuni place, some Iconic back to the town In force, was five miles above the forks of the pelting the area heavily to prevent creek and will be carried mound the I any more such attacks. A shell fell mountain side through a covered I in with Kennell and Iloyee, who wero concrete conduit to "a point near thel badly cut up anil liiHtantly killed. forks of the creek where It will he Company C of the 347 miirliln.j given a sheer drop of 700 feet to the Kmi ,atHllon lost a pair of fine non- turbine. Some 400 horsepower will romH on t1B afternoon of the 301 li. be developed and Mr. Gates now he-1 The company was in reserve with 01- lleves that his company can trans-1 dl.,.g t0 wat a p()RB,le counter-at tuit the energy to Heppner and sell It I tarlt A p)linB fw ov(.,., A one. to customers at about & cents l''r pounder came nut, set up hy the kilowat or about one-third of the nilllllally and fired a few rounds, and present rate. Aniiimllniy steam plant will be Installed at the same point aw a pre cautionary measure to guard against any shortage of water during the late summer months or In case of at once a Gorman counter-fire start ed. Corporal James Shell, Condon, Oregon, and Corporal Charles Trom- bly, of Pasudena, fell victims of the concussion of sn extra large shell. Shell did not know what struck him accident t any time to the conduit bul Trombly got as far as the dres- . I or wuter nower nlnnt. There Is an a husky nunrn 011 -- ' -- aounounre 01 tuei wiunri it-m-ii which will cost but a fraction of the present fuel coht at the all steam plant now In operation here. lng station. Ills carriers were wor ried about 1ilm. "We have a man here In very bad shape sir," said Private Maddn to the medical ma jor "and we'd like to get tint 1 iat" Mr. Uales Is enthusiastic over tne ,,,.,! , added boldly. "Hiiro pioHperts for cheap power for Hepp - a, the medical major, and In a 1110- ner and lie Is firmly of lh belief m,,nl WMH t(UKy w(lh rBMJIH ciittuif; that When the City gets Its gravity , - Trnn.l.lv's rlnll.es. .l:M ATINJ F..i:itCI.r.H i'I.Awn OK ! MJMJSFRIf PARMHU4 IIKMoVKH Mrs. P. Luper announce the re moval of her millinery parlort Into the rear of the room occupied by Otto't musle store wbero the will be pleased to meet her many friends and enstomnrt. PoeeUI reduction of prieoi os all baU will be made dur lng the remainder of the season. water system and his hydro-electric plant is In operation the old town will enli'i unon a hitherto undream ed of era of growth and prosperity. Mi. Gates Is still at woik with tils party Oils week and expects to com pute the survey Saturday. fb graduating exerclsis .f th Heppner High School will be held n.-t Fnda evening rlos.i.g tin present term of Khool. The present Is the lari.t rim ever graduated from Heppner High. f ollowing Is the program for Frl day evening: f'lsno 8le, ltld,M!i Hs.Ubsui;h Chorus f!lee (iub Invocation, Iiv. F. A. Anotew r,oru Glee Club Commencement A ddt . President Charles O. Doney. Willmtl t'ni verslty. rresentiticn of Di!ot.,si nng He.iior Cla Benediction, ... Ht. V. A. Ardrewt Mrs. Dr. V. L. Hamilton, of Co- qullle, Oregon, Is here visiting her parents, Mr .and Mrs. Hiram Clark, 1 her sister, Mrs. A. II. Ilowker and oilier frd nMl and relative. H-I-M-!-H-H-!-H-H-H-r' Heppner, Saturday, May l(th c,rod musle and good time asiured rtert ft tone, floor manager. Ticket on dollar. 4 A CORRECTION In ref.-tilng to the burn ing of L. V. Gentry's car on the rosd lt week Hie Her ald wa In error In stating the machine was a ffeo. The car was not a !(' but an old car n.st had been In use for a year or so The Tteo agency was recently eT Ubtlshrd her with th Mc-Roberta-Coha Auto, Co., and that car la tecognliM on th mot retlabl standard car. Lieutenant W. T. Newl.ery of 2306 Went Pacific avenue, Spokane, com manded 1 lute men. "I do not think there were two bettor li'ked or moi competent nonrotns In the battalion," he said. "Shell took fine care of his squad and bis guns. Trombly was th life of Company C. Everything was always O. K. and pleasant to tilm. V felt their loss1 keenly." Sergeant Cleo Drake of Eightmile, Oregon,. was a wIlm-M of the death of Hhi-ll, who came from the adjoining county of Gilliam. A big man of great strength In Company C, St7th was privslo Fred iMlllies, Wsrrenton, S. D. Hi was 25 yards from Trombly and Hhrll Concussion from one of the volley of German shells torn him so that he wa bleeding tremendously, yet, er hap not knowing what lie was doinr h picked up an ammunition tor tnd began to walk off. lie walk JO fwt and fell dead. t ARI OF THAN KM Wo wish to think all our M.Ma tnd Belghber who to kindly tK 4 u In onr hour of sadnes, MP.3. 0. K. PARNSWOnnt, ltd fimlly. i -1- - - I fi