IF YOU WANT ALL THE NEWS OF MORROW COUNTY WHILE IT IS NEWS, READ THE HEPP NER HERALD. WE PRINT IT FIRST 4 VOLUME IX HKPPXER, OREGON TUESDAY, MARCH 13. 1923 NUMBER -46 HI HELD OS LIQUOR CHARGE ACQUITTED CONFESSED OWXER OF rLAXT GIVES OFFICERS SMI' Jury Sustains Plea That Other Men Were Innocent Visitors at Cain p. The moonshine raid made early last week gy federal prohibition offi cers from Portland ana Deputy Sher iff Chidsey, netted exactly nothing in the way of convictions when the case was placed on trial in Justice Cornett's court last Thursday. Ivan Leathers, of Hardman, and Will Wehrli and Ora Hawk, of Condon, were placed on trial on a moonshine charge but there was no evidence ad duced showing that they were in any way connected with the illicit opera tions and the jury promptly acquit ted the three men. As related in the Herald last week, Otto Leathers assumed full responsi bility of ownership and operation of the plant when the pinch was made and told the officers that the other three men were at the camp as cas ual visitors and were in no manner connected with the illicit operations. He then proceeded to extricate him self from his present difficulties by the simple expedient of pouring out most of the two gallons of "evidence" the officers had captured, taking the "worm" and cap of the still which had also been retained as evidence, getting on a saddled horse and blithely riding away. All this hap pened, it appeared from the evidence, while Chidsey was trying to get the cold car engine started and the fed eral sleuths were snuggling them selves in the rear seat of the car try ing to keep warm. Under the circum stances, it may be assumed, Otto con cluded he otto get away while the gettin' was good and he got. At the trial Thursday Ivan Leath ers testified that he was on his way to the John Day river to visit his uncle on a business mission and that, knowing the Condon men had gone into that neighborhood to hunt, thought he would stop at their camp to see what success they were hav ing. He reached the cabin about an hour before the posse appeared. He told a straightformard story about how he come to make the trip at that time of night and was substantiated by Claire Ashbaugh and L. E. Knighten, who were with him when he started. He also proved by these witnesses that he left Hardman be fore the sheriff's party arrived there from Heppner, thus discrediting the theory that he went to the camp to warn his brother of the impending raid. Peter Prophet and Mrs. A L. Ayers, of this city, also went on the stand as character witnesses for Mr. Leathers both giving him a high HEPPNER JilOHS PUT ON HIGH JINKS STUMTS AT STAR THEATRE TUESDAY EVENING Members of the junior class, Hepp ner high school, put on an entertain ment at the Star theatre last Tur day evening that was, to say the least, unique and original in its con ception and execution. Juniors are, by many persons, supposed to repre sent that period of adolescence which Samantha Allen described as the age when one does not know whether to call a boy Bub or Mister, a girl Mis3 or Sissy, but that situation did not in the bjast affect the ability of that particular bunch to deliver the goods in a way that carried the audience -with them as a March wind carries a tumbleweed. They were evidently out to give the public a good 4-bits worth of laughing gas for 50 cents and to make a long story short they made good. The first stunt was one intended to demonstrate the fact that the much maligned Ford fliver has a really hu man organism and that, contrary to general belief, it will run under any and all circumstances if it la pro perly and persistently cranked. Bar ring a few chairs for seats, a piano stool which answered for a steering wheel, and a sure enough Ford hood which one boy on hands and knee wore as an overcoat, this particular Ford, even to the wheels, was built of juniors and a few tin cans. Farmer Cvntassel took his hull dinged and numerous family for a spin, Willie, bis eldest son, teing allowed, as a mark of special favor, to crank the rating as a law abiding citizen of high moral character. Wehrli and Hawk testified that they went into that section 10 hunt and that they accidenally met Otto Leathers on the trail and that he in vited them to his camp to stay offer ing to go hunting with them Sunday and show them where the game ranged. They absolutely denied hav ing any interest in the plant or hav ing in any way assisted in operating it. Their story also sounded straight forward and was partly corroborated by that of John McDonald, proprie tor of the hotel at Hardman, where they stopped on their way in to the mountains. L. E. Fowler, county judge of Gilliam county, Leo Shelly, garage owner, Lester Wade, stock man and merchant, J. D. Weed, law yer and United States commissioner, all of Condon, and Elmer Booher, farmer and neighbor of Mr. Wehrli who himself owns and operaies a 1000-acre wheat ranch, appeared as character witnesses for the two men and all testified to their good stand ing in that community as law-abiding citizens. Wehrli is a rather sober looking individual but while on the stand he showed a keen bit of humor from yhich the crowd got a big kick. After telling his story to the jury, Cal Sweek, his attorney, asked the ques tion : "Have you ever been in trou ble before, Mr. Wehrli?" "Well," replied the witness, hesitatingly, "I'm married." Bill probably confused the past with the future and was thinking about what might be com ing to him when he got home from that trip. C. L. Sweek, of the firm of Wood son & Sweek, appeared for the de fendants and District Attorney Not son appeared for the state. It is understood that this case would not have been brought to trial because of insufficient evidence had it not been that the federal officers, after allowing the real ownner and operator of the still to escape, In sisted that unless the state agreed to prosecute the other men would be taken to Portland and brought be fore the federal court. Whether this arrangement was intended as being in the, interest of justice or to make a record for somebody in the Port land office is not known. Be that as it may, however, the net result of the raid Beems to be about as fol lows? A considerable expense bill for the taxpayers to settle; two gal lons of moonshine wasted, and one perfectly good alleged moonshiner at large equipped with a worm and cap ready to set up business in a new location. Truly the prohibition law and its enforcement is a wonderful piece of machinery. The case was tried before the fol lowing jurors: Martin Itcid, Jay Devin, Chas. Thomson, W. E. Mike sell, Jim Fitz and W. B. Barratt. CARD OF THANKS We desire to express our sincere thanks and appreciation for the kind ness shown during the Illness and death of our loved ones. W. H. CLARK. DELPHIA PETTYJOHN'. LAURA PETTYJOHN'. ALTA PETTYJOHN. OPAL PETTYJOHN. machine every time it stopped which was not seldom. When Paw step ped on Willie's toe and made him cry he comforted his son by saying: "Too bad, Willie, but I'll let you crank the Ford again," and the tear flow was at once checked. Helen Wells made a great hit with the reading, "An Old Maid's Solilo quy," and so did Bernice Sigsbee with her ocmparlson of the modern flapper with our dear old grand mamma of long ago. Stanley Peter son also gave an excellent violin solo and there were some good soncs by the class glee club. The program was topped off with the old Virginia reel rendered by a company of blackface artists who put enough pep into the performance to run a battleship and, it may be said, that if any bunch of genuine Ala bama coons could have done it bet ter they would need to be lineal de scendants of Africa's most blood thirsty tribe of head hunters. The entertainment was rounded out with the reel "Tha Bachelor Daddy," contributed by Manager Sigsbee, and the trouble those five kids in the picture made for their bachelor dad caused many to wonrf what they would not be capable of when they get to be juniors. Miss Frazier, class advisor for the juu.wi.t, n ao dutiMtr iur me en tertainment which netted the class $67 in coin of the realm. iSI PROSPERITY" ME 1-1) RESTING OX rVRCHASlXU POWER Grain Expert Sees Trend Toward Higher Prices' in Corn For Remainder of Year Chicago, March 9. James A. Pat ten, one of the most conspicuous fig ures in the grain trade of the United States, discussing today the financial and industrial situation of the coun try, had this to say about the posi tion of the farmer: "I believe that the whole question of a continued movement back to general prosperity rests upon a re turn to a proper relation between the price of farm, products and the price of such commodities as the farmer needs to buy. There can be no gen eral prosperity, or even continued class prosperity so long as the pur chasing power of the farmer remains low, because of disarrangement of this fundamental economic balance. "I regard corn as a keystone of the agricultural arch, and fortunately every condition appears at present for a price range for the rest of the year that will do much toward re storing the farmer to his position as the greatest single purchasing power In our population. "The government report yesterday shows that corn supplies are dowr to an average of the past ten years, and are 226,000,000 bushels less than a year ago, and 478,000,000 less than two years ago. The ques tion Of value depends upon the rela tionship between supplies and needs, and from this standpoint the present situation is most encouraging. Last year we had a supply on March 1 of 1,313,000,009 bushels, an 1 os Nov ember 1 there was carried over 179 000,000, showing a consumption be tween March 1 and the new crop of 1,134,000,000 bushels. In 1921 the consumption during the same period was 1,279,000,000. For the n&st twK vpprs therefore, nnr nveraeo ernn? consumption, the greater part of which is represented by production of meat, was 1,206,000,000 bushels. It follows that our present corn re serve of 1,087,000,000 is less by 119,000,000 bushels than our actual consumption during the last two years. LEXINGTON PIONEER WOMAN PASSES AWAY Mrs. Eliza J. McAlister, pioneer woman of the Lexington district, died hat the home of Mrs. Wm. Straight in this cSty last Saturday evening after a lingering illness. She was brought to Heppner a couple of weeks ago to be nearer medical attendance and her condition has been practically hope less all the time. She was about 76 years old. Mrs. McAlister came to this county from Iowa many years ago and has ever been held in high esteem among her friends anl neighbors. She if--survived by three sons: Harvey and Ray, of Lexington, and Marshall, of Portland. The funeral was held at Lexington yesterday. OUR BACON AND SAUSAGE ARE MADE COUNTRY STYLE Fish Arrive TUESDAYS and THURSDAYS Beef, Pork, Veal and Mutton CENTRAL MARKET G. B. SWAGGART ONE DAY SESSION BUT LITTLE IMPORTANT BUSI NESS OX DOCKET County Clerk J. A. Waters Tenders His Resignation to Take Ef fect. April 1 Be it Remembered; That County Court met in regular session on Mar. 7, 1923, with all officers present. Various claims were presented to the court and after due consideration the same were allowed, continued or disallowed as per notations on face of same. H. A. Stewart was granted a dance hall license for the year 1923, at Dry Fork. The resignation of Jap Walker as Justice of the Peace for Dist. No. 1 was duly accepted and the allowance of $20 per month formerly made to him as Justice of the Small Claims Court was cancelled. G. A. Bleakman was appointed Justice of the Peace for Dist. No. 1 to fill the unexpired term of Jap Walker, resigned, or until his succes sor Is elected and qualified. J. A. Waters, county clerk, pre vented his resignation to the court, same to take effect April 1, 1923, or as soon thereafter as his scccessor Is appointed and qualified. The following bills were allowed: Howard-Cooper Co., No. 4, $60. W. L. McCaleb, Gen road, $166.66. Wm. Furlong, Spl. 14, $12.18. Frank Shively, H. bond, $6. Standard Oil Co., H. bond, $56.58 Howard-Cooper Co., 6-B, $89.18. Chas. Elligott, Spl. 14, $14.50. Glen Ball, Spl. 14, $12.35. C. J. Anderson, Spl. 14, $2.80. Geo. Ritchie, Spl. 14. $14.85. Bert Mason, Spl. 14, $3.25. Bristow & Johnson, Spl. 14, $47.68 Martin Heid, 6-B, $89.66. F. C. Maloy, 6-B, $16.61. I. A. Dempsey, Gem Ud., $39. J. W. Kirschuer, Gen. ltd. No. 2, $47. C. V. Hopper, Gen Rd., $16.05. W. H. Boardman, No. 2, $26.96. Battery Service S!ta., Gen., $4.50. A. Z. Barnard, No. 15, $2.50. Sam Smith, No. 1, $10. F. A. Randall, No. 9, $11. M. D. Tucker, No. 15, $6. Moore & Anderson, Mkt., $45.15. Arlington Bank, Spl. 2, $44.20. Bank of lone, roads, $129.73. Farmers Bank, roads, $329.08. First Nat. Bank, roads, $1164.07. State Acci. Com., roads, $29.51. B. T. Allstott, bounty, $3. W. F. Keffer, bounty, $4. B. H .Bessey, bounty, $2 5. Glass-Prudhomme, office, $121.61. Peoples Hdw. Ct. house, $2.50. H. J. Cox, bounty, $1. Bill Buschke, bounty, $4. Ray Steers, bounty, $7. E. E. Rugg, bounty, $4. F. D. Cox, bounty, $3. H. J. Cox, bounty, $6. N. F. Lawson, poor, $30. C. B. Oral, sealer, $10.78. C. C. Chick, physician, $10. Sherman Shaw, caretaker, $25. Daisy Becket, Widow Pen., $25. Sadie Morey, widow Pen., $2 5. Gladys Gibbons, widow Pen., $10. Hazel Logan, widow Pen., $17.50. Rebecca Knight, widow Pen., $40. Amy McFerrin, widow Pen., $17.50 F. J. Gordon, poor, $25. Ida Fletcher, poor, $15. Jess Kirk, poor, $30. John Stout, bounty, $4. F. M. Miller, bounty, $3. Paul McDuffee, Sal., $80. B. F. Allstott, bounty, $4. John Kenny, bounty, $7. W. W. Sniead, Treas., $12.22. Roy Brown, bounty, $3. Alex Campbell, bounty, $4. Heppner Lt. y W. Co., Ct. house, $59.25. Lena S. Shurte, Supt., $8. Heppner Herald, Cur. Ex., $50.50. Gazo:te-Times, clerk, $31.40. C. C. Calkins, Co. Agt., $225. Kilham Sty. Co., surveyor, $9.18. D. McNanioe, poor, 10. Emanuel Hospital, poor, $69.50. Tac. Tel. Co., Cur. Ex., $44.50. Humphreys Drug Co., Cur. Ex., $18.65. W. A. Goodwin, justice Ct., $2.10. National Surety Co., bonds, $17.50. Patterson & Son, poor, $9.2 5. L. P, Davidson, Co. Ct., $18.05. R. L. Bemge, Co. Ct., $16.80. F. Shively, Ct. house, $2. Tum-a-Lum Lbr. Co., Ot. house, $11.35. Martin Re1d, Ct. house, 82c. Glass-Prudhomme, office, $92.84. Bushong & Co., office, $143.29. Moore & Anderson, Ct. house, $80.10. Goo. McDuffee, Frohi, $100. H. R. Ahalt, rodent, $44.64. S. E. Notson, Pro., $36.70. OF ROBBERS YET AT URGE Robbers forced an entrance into the Bank of lone last night, broke open tho vault, rifled the safety de posit boxes and mado their escape. Telephone and telegraph wires were cut and word of the robbery did not reach here until about noon. The treasure safe was in an inner vault and was not molested. No estimate of the loss lias been given out by officials of the bank who are awaiting an insurance adjuster to check up. There is no clue to the robbers. The loss is coverel by in surance. Cramer's jewelry store in the Selling building, Portland, was held up by daylight, robbers yesterday af ternoon and $20,000 taken. Two men held up the St. Paul bank In Marion county, yesterday forenoon and took $702.00. They were ar rested an hour later in Newberg. EXCESSIVE DAMAGES DEMANDED ON HEPPNER HILL MAT FORCE SELECTION OF NEW ROUTE SAT COUNTY OFFICIALS That getting right-of-way for a county highway is just one darned thing after another is about the con clusion the county road department has comn to about the proponed new 5-per cent grade up Heppner hill. The route as finally surveyed and decldel upon leads up the opposite side of t ho canyon from tho present road, running through the Gennnell and Dutton ranches. According to the yiew of the county court the ac tual benefit to these properties should about overbalance any dam ago caused by the building, but It seems from a proposal filed with the court last Wednesday by Mrs. Gem- GOOD CIGARETTES GENUINE Hull" DURHAM TOBACCO FAITHFUL PI 1U,1C SERVICE RI'.C- ORDS LAUDED "lleppner's Heritage" lAst Evening's The-ine C. A. Minor Heads Original Poem The Brotherhood dinner at Hotel Heppner last evening was attended by about 75 citizens and was one of the most successful meetings yet held by that organization. The subject for discussion was "Heppnev's Heri tage" and ltev. Livingstone opened: the discussion by pointing out sev eral material matters the town should bestir herself about if sho would hold her own against sur rounding competitors. Several other members spoke along the same line. One of the pleasing and unique fea tures of the meeting was an original poem read by C. A. Minor on the appointed subject for the evening in which ho reviewed some of the town's past history and also gavo some excellent counsel regarding our present and future. S. E. Notson, when called upon to speak, revealed the real purpose of the meeting by paying a warm trib ute of appreciation of the services of County Clerk J. A. Waters, who is also president of the Brotherhood, and W. B. Barratt, recently retired state highway commissioner. Mr. Waters recently tendered his resig nation to the county court. Both of these men, the speaker said, have rendered signal service to the peo ple of Morrow county and both are entitled to have our, appreciation ex pressed whilo they are still living, rather than to have flowers laid on their caskets after they are dead. Mr. Waters has been a most effi cient and obliging official for eighkt years and he leaves the office by his own croiee with the friendship, re spect, and esteem of every resident of (lie county, the speaker said. Mr. Barratt also lias served his county, cl'ljf and state well' and as a member of the highway commission has He cured for Morrow county the recog nition she deserved nt (lie hands of tile state In road matters) nnd what she was not receiving when lie bo camo a member of the conimi.slon. C. E. Woodson, C. L. Sweek, J. J. Nys, R. W. Turner, Judge Campbell and others also spoke warm words of appreciation of the wor k done by Messrs. Waters and Harralt. Both gentlemen responded with expres sions of appreciation of tho honor Nionrerred upon them by their neigh bors and asHociiules. The next meeting of the Brother hood will bo held April 9 when every member will be expected to re late tho best story he knows. A fine son was born to Mr. and Mrs. J. Ii. CalmiiB Sunday, March 4, and mother and child are reported doing well. The sacrament or bap tism was administered Friday even ing, at St. Patrick's church, ltev. Father flies official ing. The young ster was christened John, 1!. Jr. moll, owner of the Common proper ty, that the owners take a decidedly different view. Added to the damage asked by Mr. Dutton for building through his farm the latest demand will swell the pro-construction cost of the road to about $3,000.00, ac cording to information given the Herald by county officials and this they consider practically prohibitive. An entirely new route is therefore deemed imperative If the Improve ment "f that most Important thor oughfare! is to be proceeded with. County Headmaster McCaleb has always contended that the best route up tho big hill would be found leading up the canyon coming in from tho south through the Berry ranch but until now other officials failed to agree with his point of view. However, since tho latest de velopment regarding right-of-way cost on the other route they have de cided that Mr. McCaleb's view may not be so far wrong and have ordered a survey made over the new routo at once. Mr. McCaleb is strongly of thfl opinion that the route to the south will be found superior to the other in many respects. That the required 5-per c-nt grade can bo more readily obtained, that the grading will cost less and that the distance may pro bably be shortened. At any rate County Surveyor Kirschuer has been Instructed to make the new survey at. once and If the route proves us favorable as Mr. McCaleb anticipates the road will be built that way.