Tuesday, May 20, 1919 THE HEPPNER HERALD, HEPPNER, OREGON PAGE FIVE JOHNSON WINS CATTLE CASK iiicATR WHERE THE PICTURES ARE ALWAYS GOOD A Full Week of Superior Picture Plays TUESDAY, MAY 20 "THE HONEYMOON" THURSDAY, MAY 22 'THE STRANGE WOMAN" FRIDAY, MAY 23 Mac Murray in "All Woman" SATURDAY, MAY 24 featuring Bill Hart Also a Charlie Chaplin Comedy SUNDAY, MAY 25 "Tongues of Flame" A BLUEBRD PLAY MONDAY, MAY 26 Mary Pickford In "Less Than Dust" A PARAMOUNT PLAY Special Tuesday, May 27, Screen Version of Rex Beach's Barrier Indorsements' ' ! State Federation of Labor. The Central Labor Council of Portland.' The City Commissioners of Portland thru its Commissioners 'i he Portland Kiwanis Club Vie Portland Ad. Club The Portland Rotary Club The State Chamber of Commerce The Portland Chamb'-r of Commerce Th - Men's Club of the First Congregational Church. 'I lie Motel Men's AsMiciation . . Oregon Motor Dealers' Association Seventy-six Papers in the State Portland Papers Ml'tccn Oranges throughout the State of Oregon AUo KMX) letters frmn prominent nun of all .valksoflife throughout the State of Ofcgon VOTE 310 X YES Special State Election, June 3rd Roosevelt Military Coast Highway OREGON'S ROAD TO PROSPERITY" (Continued from Page One) that they steal a couple of cars of Johnson's cattle, run them out of the country and sell them. Colvin was to advance the money necessary for expenses in tuning the matter over and was to receive his expense mon ey back the others interested to di- ide all of the profits. Clark agreed to the proposal, so 'he testified, and Colvin then outlined the plan some thing as follows: Clark and his wife were to go to a point on a certain day on Johnson's range near where the Johnson cattle had been salted and wait for Colvin who showed up about dark. The two men then quietly started the cattle and drove them to an agreed point Where, about 2:00 In the morn ing they were met by Lester Goff and Monard Fix who took charge of the cattle, Colvin and Clark return ing home. Mrs. Clark followed her husband on the stand and backed up his testimony. She said she did not help drive the cattle but followed be hind and led the pack horse. Lester Goff then 'took the stand and told of how he and Fix met the Clarks and took the cattle driving them at night and laying over by day until they reached the timber line near Lone Rock where Goff left them. During their trip they were joined by the man Jingles who, with Fix, drove She cattle on to Condon and Jingles shipped them to Portland and sold them. Going to show that Jingles was really a pretty squar man at that, Goff testified that Jin gles came back from Portland and cut the profits witli his pals, Golf receiving something over $300 for his share. Jingles then jingled along out of the country and, unlike the proverbial cat, 'he never came back, thereby proving his generosity by not only giving his partners their share of the swag but also all of his right, title and interest in the skook um house at Salem if they wanted to use it. Clark's testimony develpoed the fact that he was once convicted of horse-stealing in Washing ton and sent to the Walla Walla penitentiary but he admitted that he had served only about five months when he was pardoned. It also developed that the old-time friendship between himself and Colvin has not been lately what it once was and Thursday morning lie was recalled to the stand to tell how the enstrangment came about and It was some Interesting story Clai'k said that Colvin, In the fall of 1912, got sore at him because he failed to "dig In" to Johnson as strong as Colvin thought he should. He said that Colvin came to his place one evening driving three of Johnson's cows, each witti a fine, fat slick-ear calf following. Colvin, Clark testified, left the calves above Clark's pasture fence and drove the cows down and. they put them In small corrall. Colvin then told Clark that he should drive the cows up in a deep canyon nearby and kill them for dog meat as a winter's sup ply for Clark's park of hunting dogs. He was then to put the calves across the river with Colvln's cattle so that when the cattle were gathered later the calves could be taken to Colvlns plare and property branded. Clark failed to carry out these Instructions nd when Colvin learned that the cow went back home it made 111 in sore. When asked by Col. Haley why he did not kill the cows Clark said that he wouldn't do such a tiling He didn't mind aiiiootching a calf or even a. cow If he wanted some meat or rould use the animal In any way but to .shoot a neighbor's rattle down and let them lay he thought wouldn't be the right thing to' do. The case, was halted Thursday noun by Kiie failure of f5 rover An drews, a witnes for the plaintiff, to appear. A bench warrant had been iNstied Wednesday and as the (11 tanre made It Impossible for a return before 0:00 o'clock Friday rumiilur court was adjourned until that lime When the court convened Andiew had not yet appeared but as It known he was on the way, the tie fen Introduced a few witnesses nd live to the receipt which vss itlven the Mention Commission Co. by Mr Johnson when they settled with Ml for the stolen rattle. T. C. Itenm president of that rompsny, took th stand and swore that he made th settlement with Johnson and look receipt for the amount but that li wn now unable to find the receipt in his filet. A. I). Leedy, an attorney of Can yon City, who started the prwul ran against Colvin. but 1io late withdrew from the raw on arroun of objection raised on .the groun that he wis one of the attorney fo me Defense in the old larceny esse gainst Colvin, was called to tli stand and lOt that tie believed th rer.'.pt mlalit be with som other fm lt pertaining to Hie rase In- I,.. pl.i e tn a .ife In Canyon t iiy ,i I Mr. I.dr was Inn r m l. l to v t ' Mid lit UK l!ie mtIiI let ".ill If It OilM be found t, 1 ! 'ill. i' iff ( ! 'i'it, i .. .vi ti.'ttn' ' , li ii'..; I . i.i ' i .t ii i i 1 1 , . . the case. (".rover Andrews, having arrived in court, took the stand and swore that he helped Colvin drive Johnson's wo bulls from pasture and that Col- ritO M I X E N T PKXIU.ETOMANS HERE W. L. Thompson, who runs a bank for a living over in Pendleton, and in wanted to borrow witness' horse and builds good roads all over Oreg- that night saying 'he wanted to give on as a pastime, was here last week bulls a good "shove." Also swore as a witness in the Johnson-Colvin Colvin said he wanted to see Johnson case. Accompanying him or aceom- . have to go back to Butter creek nanied hv him. an the pjise mav he where he belonged. Witness also was Sheriff Till Taylor, also of Pen- said that Colvin wanted him to help dleton and Umatilla county and the arive jonnsons cows (the ones that state of Oregon, who keeps the peaca Were Stolen) away, and Said he over Shere h a steadv inh and nina would put them where nobody the Round-up as an amusement, would ever find them. Later, the Sheriff Taylor gained a degree of witness said, he told Johnson about unpopularity in Morrow county last his conversation with Colvin. summer by coming into this county The plaintiff then rested and Ben an(t destroying and carrying away to Colvin took the stand for the de- Pendleton one of the countv's most fense. Innnnlar manufacturing pstahlish- The defense here introduced a I ments the same being an infant in- map of that part of the country on dustry that was being jealously which Colvin, before the jury, mark- guarded. ed the different pastures, creeks, Mr. Taylor tried to square himself houses, etc. His testimony .was a di- Thursday, however, by explaining- rect contradiction of practically all I that he went 50-50 with us and only of the testimony introduced by the I took away one of the two plants. plaintiff. He denied that Andrews Still It was bad enough and there helped drive bulls and also denied I are those who say that the sheriff's asking for Andrews' horse or mak-1 explanation is all moonshine. ing any of the statements about denied the statements made byHMH RCTTERMILK CANYON GRADK Johnson or 'his: cattle which And-1 COMPLETED rews attributed to him. He alBO de nied the statements made by John- County Roadmaster McCalob went son, Clark and Goff in their test!- out to Buttermilk canyon, beyond mony regarding the stealing of Rock Creek Thursday to inspect tha Johnson's cattle and declared that he new roc grade there whidh has re cently been completed by Vic Qtrosh en and his crew. Mr. McCalob says the road is in good shape now and that a large amount of wool will como to- Heppner from this district this summer. Mr. McCalob also in spected the road on this side of Rock Creek and will have some needed Im provements nuulo there by which two l:ul fouls will be eliminated and the rcml made passable the year round. He also expects to put some men on the Willow Creek road near Slocuma mill soon and put that thoroughfare In shape for getting lumber and wood oul of Uw. r.io nil "line. had nothing to do with the affair. He also denied, positively, that he ever asked Clark to kill three of Johnson's cows or any otlher number. He admitted having paid the expense of the larceny cases In which him self, Goff, Fix and Clark were ar rested for stealing the Johnson cat tle, that he paid all of the attorney's fees and also loaned Golf S700 with which to appeal his case. He said, however, Wiat he took a mortgage on Golf's ranch as security and later got his money back. Colvln'n son-in-law, Porter, then took the Btand and gave some testi mony about the tvo bulls. Porter has a vein of humor in his make-up and his droll answers to some of the questions brightened an otherw se rather dull afternoon. ItOARDMAX HAS NEWSPAPER The Boardman r,ep Is the latest journalistic venture in Morrow coun- While on the stand Colvin gave ahy the first Iksub of which lias just detailed account of 'bis movements reached our table. The paper la a. on the day the cattle were Btolen and six-column folio and is to bo Issued later a number of witnesses were In- monthly. The subscription price is troduced to substantiate his state- only 25 cents a year which Is certain ments. These were his two sons, y reasonable considering the price his daughter, Mrs. Nellie Baker, f print paper and provisions. Cra- Baker, Henry Slaughter, and mPr Kelly & Cramer are the pub Dexter Waller, all of Whom Bwore to Ushers. F. E. Burns, secretary of having seen and talked with Mr. the Boardman Commercial Club has Colvin on tho day In question. The L interesting article In the first 1h- evidence was completed Saturday sue descriptive of the town's pat forenoon and the court limited the history, present attainments and fu arguinents by counsel to the Jury to ture aspirations. Tho advertising wo hours for each side. columns ere well patronized by tha Able arguments were made by business people of Boardman and al- counsel Judge Fee and John L. Rand I together the new paper presents a mr me piainutr ana uoi. lialey and prosperous appearance. Long mar sam k. van vactor speaking for theHh0 wave. defendant. All arc brilliant lawyers I and able pleaders and their argu ments received close attention from (he crowded court room. The case went to the jury at 4:00 tn., Saturday and at about 8:00 they returned a verdict for tho plain A. H. Leedy, Canyon City attorney who wa required by Judge Phelps to tiff allowing him pay for the cattle U" Canyon City and If possible t for which he did not receive compen- bring 11,10 tonn a ' "" ' satlon from the Benson CommlsMon Plaining to tho Johnaon-Colvla company, his time and expenses "lndn a rw,,rd ,rl ,0 ln" fSr"t while hunting the cattle and $5000 eounty capital anil return wnn r.. exemplary damages. Adklns driving Tils speedster. They The case will be taken to the sii- IH Heppner at J:u p. m.. r nuay. MADE RECORD Rl'N TO CANYON CITY ANI RETI RN preme court on appeal. WAY OPEN TO OHOWINU OK CERTIFIED SEED POTATOES A way to grow certified, dlsease- free, standard-type need potatoes Is open to the farmers of Oregon. By use of good seed and directed cul tural practices, with inspection by a pntato specialist, seed will be certi fied for the benefit of the producer and also of the grower who wants to grow the best quality of potatoes. covered the 110 miles to Canyon, there an hour and a half while Mr. Leedy made a search for the papers and were back In Heppner at 9:00 o'clock Saturday morning. They left here soon after the heavy rain storm of Friday noon and report the raoda being In bad condition all of tho way. METHODIST CENTENARY CONTEST ESSAY After endeavoring to educate the enllie country ns to Its i-lganllr iiiIh- The IJU i of certified seed """ l""'r"- "'" l"""" " ' growers lias been Issued by the Ore- " ' ut '"t gon Agricultural College, and fiee copies may be bud on application. It was written by M. II. McKay. In spector, and associate plant patho logist. It tells the how and why of notification and gives In forma I Ion on making application for entry In the 1310 season. I-OTATO CEItTII'M'ATloX litol IT- A III E It pays to grow certified seed po tatoes. Butler qualtly, jleld and price are received. It (s profitable. even to try for certification If th' re quirements are followed b'wsuiw the more careful selection of seed, Use of undliM-aned ground, seed Ireafment praying of plants and rare In har vesting will rive a blirger and beier frop. Only IwHve fatmets In all Oregon giew rettlfled potatoes last rear Tho who want to tiy this sr insy get fr bUnks with liulle tin on potato rertlflralinn by titlnr t'l I I.i' .! li n!t'itl (ii!lin el I'm Vall.s I II m-m f I .1,1 young life of Aiiietlea know about the reasons for this 1 1 OS, 000, 000 drive, now In progu-i. For that tenson a prlie of a i&O Vlrtoty Bond was announced recent ly for the ltet essay on "The Meth odist f'cnlcnai j - What It 1 and What It iVIU Do." !:-Ms must bn student at giade school, high school or Sunday school. They atiould send their names, address, ages and schoo! with essays, whlh must he inallnd be(ite June J to Joint Centenary Committee, 403 Piatt building, Port land, Oregon. Infotmatlon tegatdlng the rcntn ary will be furnished to would be ea syista by any Methodist pastor or Sunday school superintendent. Of this lios.ouo.ono fund for woild rebuilding, HO.nfto 000 will be spent abroad for schools, hospit al, d I" pen s i lis, i phsnaces and mlseionnty woik; I Ct.ooo.O'll In Aioetlia for the Am'TlcanUatlon of fori'lrners, tlly nml nmnliy riiiitni'l niiy rhunti plants, n,i u mw ii d a k. Iinlii dial l.i'iln villi em. pin mi til bui a is and 'lnttnil'ii i m oMn r fi aiiiun. Tim t" muliiinr ;- ii n hull ' p,, fi.r lliliwt ,ir , ' -: I v - ' - 1 i e ( ' .i f" ...! . ' l . ' p.