"W ' I " - " " " " I II .. Ill 1 " L, I, IU . I
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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.
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