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.