IF YOU WANT
VOLUME X
SEVEN-YEARJSENTENGE
JVIir HOIJS THAT CHARGE OF
A60AVLT 18 PROVE
Ckarga Badaced Frot Intont to Kill
to Aasaalt With Dangeroaf
Waapo
The as of Alvin B. Strait,' in-
dieted last week by the grand Jury
n a charge of assault with intent
to kill, went ta, trial Thursday morn,
ing in circuit court and was given
to the jury at noon Friday, a verdict I la and will prove of inestimable ad
of guilty being returned about six ! vantage to, both counties. It is un
o'clock that evening. The jury, how-' derstood the state highway commis-
ever. reduced the charge from In-
tent to kill to that of assault with a
dangerous weapon.
At 7:00 o'clock
thfi same evenine Judge Phelps pro-
iiounced a straight sentence of seven
years in the penitentiary without in-
determinate qualifications.
Tha case was the outcome of a
mo,i. Tvinvph 9fith w hv Tpn-
uty Sheriff Tom Chidsey, Paul Mc-
Duffee. 19-year old son of Sheriff!
McDuffee, and S. E. Notson, district
attorney, on an alleged moonshine . tnat 6a results wm TOme trom ea-,
plant in a prong of Juniper canyon terday's meeting.
in the northern part of the county. I -
A gun fight took plac during the Instead the fellow replied, "Drop
raid in which, it waa alleged, Alvin and fired at McDuffee. Several
Strait fired several shots at young shots were exchanged before Chid
McDuffee and also took a shot or sey arrived. He grabbed Notson's
two at Deputy Chidsey. ' It was on rifle and exchanged a few shots with
the charge of shooting at McDuffee the supposed moonshiner. McDuffee
that the recent trial was based. I ld not identify the gunman pos-
j ! n itively as Strait but believed it to
McDurfee returned tne fire until
. ,, j , have been. him.
bis stock of ammunition failed and
Chidsey, who by that time had Chidsey was called and after de
reached the scene, also took part in scribing the battle about as McDuf.
the scrap until he also ran out of fee had done, positively identified
cartridges, when the posse were the defendant as the man who fired
forced to seek " cover and the two at him, testifying that he had known
moonshiners escaped. Chidsey rec- Strait for at least 18 months and
ognized Alvin Strait as the man who for most of that time had been
did the Bhootlng and positively iden- "keeping pretty close cases on him."
tlfied him, while McDuffee and Not-! Mr. Notson also corroborated the
son were not positive in their iden- testimony given by the preceding
tification. Strait made good his es- witnesses, but he also declined to
cape and' crossed over into Washing- positively identify the man who did
ton, going to Benton City, where, ac the shooting as the defendant,
cording to evidence broughj. out in 1 Mr. Scoggins, who operates j.he
the trial, he secured work from one ferry at Arlington, was also called
C. E. Dawson, a civil engineer who and testified that on or about the
was In charge of construction work date of the shooting he crossed a
on a new flume being erected by the Dodge car; without a top (answering
Coa3t Culvert & Flume Co. of Port-,
land.
Xtnrrnvr rountr officials were on
the lookout for Strait all summer ,
but it was not until about two!
A. .v. o- t
v.n,vr. where he was arrested,
extradited and brought back for
. . . I
Tho trim opened Thursday morn-1
ing, District Attorney Notson hav-
ing associated with him George
Neuner, of Roseburg, one of the
best known prosecutors In the state,
whn wnn considerable distinc-
tn .n hi. imp m nrosecutor of the
)o,n. nr. Rrunfield case at Rose-
4 . Th Hp.
fence was represented by F. A. Mc-;
Menamin, formerly of this city but wee secuon u.an , vUUlt lm
now of Portland. Considerable time, stand to corroborate the1 Straits' tes
was consumed in selecting a jury and ; "mony, but he ould only fix the
the defence almost exhausted his date as. being on a Sunday in March,
preemptories before filling the box Then the defence brought out his
to his liking. The jurors finally e ! alibi witness in the person of C. E.
lected were: J. S. Baldwin, Oscar , Dawson, the civil engineer from Ben
Edwards, (Miss) Lulu Hager, K. L. ton City. He swore that the defen
Beach W S. Smith, W. W. Brannon, j dant came to him in the forenoon
W w' Beckhold, R. E. Duncan, Geo. of March 26th and asked for work
Evans. Geo. N. Peck. A. A. McCabe and that he returned the following
. . day at noon and went to work. Mr.
and M. Allyn.
The sheriffs posse had visited , Dawson produced his time book,
. . . j. ,,,i ,n which showed that the defendant
xae cauiy icw ua; , . . - -.
they found three barrels of mash
.cleverly concealed in a pit and cot-ei-ed
with sage brush. The mash
seemed almost ready for the still and
the officers, deduced that on or about
Monday, the 26th, the plant would
be in operation and acting on that
belief the raid was made on that
4ate.
Paul McDurree was the first wit
ness for thet state. He told of how
the posse approached the camp, he
. "being armed with a rifle. Chidsey
with a revolver and Notson was al
so carrying a rifle. McDuffee was
on higher ground and somewhat In
advance of the others when he saw
two men approaching at a distance
of about 60 yards, one of them car
rying a rifle. He raised his gun and
ordered the man to "stick 'em up."
ALL THE NEWS OF MORROW COUNTY WHILE
HEFPN
COMPLETION OF 0.1
County Judge Campbell, County
Commissioner Benge and S. E. Not
son, went to Pendleton yesterday
morning on an invitation from the
oounty court of Umatilla county,
where a conference was held with
tha object of devising ways and
means for the completion of the un
finished gap in the Oregon-Washington
highway between' Jones hill and
Vinson, a diatance of about 20
miles.
The completion of this gap will
finish the entire highway from
Heppner Junction to Walla Wal-
sion looks with favor on the corn-
pletion of this section as it will di
vide the heavy traffic now going
ov,er the Columbia River
highway.
and make the upkeep of that artery
of travel less ofp, problem than it
has been the past year. About 15
nliles of the unfinished , road is in
this county and the rest in Umatilla
county.
The party returned late last evefx-
inS and report all concerned believe
the description of Strait's car) with
one passenger about dusk, but his
recollection of the exact date was not
conclusive.
Tne state then rested and the de-
fence put on Amos B. Strait, a
brother of the defendant, who oper
ates a ferry across the Columbia
near Castle Rock. Mr. Strait swore
that he crossed his brother, Alvin B
Strait, from the Oregon side to the
Washington shore on Sunday, March
25th and that his brother told him
he was looking for work. Mrs. Amos
a's lou 'B slttuu lu
te he rhusband's statement in an
attempt to show that the defendant
could not have been at the moon-
shine cam. on the following day. A
went to work at noon on March 27th
and the time book was filed as an
exhibit in the! case. The state, how.
ever, contended that Mr. Dawson
might hare been honestly mistaken
in the date when Strait first applied
for work that it may have been on
the morning of the 27th, the same
day he went to work at noon.
Friday forenoon was consumed by
arguments by attorneys Neuner and
McMenamln and when the case went
to the jury at noon it was evident
that the outcome lay mostly between
the testimony of Chidsey for the
state and Dawson for the defence.
After six hours' deliberation, a ver
dict for the state was returned and
an hour later Strait was sentenced
to seven years in the state peniten
tlary at Salem.
ER
HEPPNER, OREGON, TUESDAY, DECEMBER 18, 1923
Big Grizzly Bear
Here is the record grizzly bear killed In Vancouver, and the hunting guldo
whose trusty rllie brought down the monster.
STRICTER RULES FOR CONDUCT
OF PEDESTRIANS NECESSARY
The National Motorists' associa--
tlon has asked the co-operation of
its 350 or more affiliated automo
bile clubs in the work of helping
the pedestrian keep out of the way
of motor cars.
Pointing out that "the pedestri
an's problem is tho. motorist's prob
lem, " Fred R. Caley, executive sec
retary of the N. M. A., declares that
"no motorist can feel reasonably
safe or comfortable so long as the
pedestrian is an ever-present hazard
to him, and it has thus become a fea
ture of automobile safety to have
safe pedestrian regulation.".
"The cities have failed to regulate
the pedestrians," says Caley, "so the
walking public has set out to 'walk
for Itself.' Therefore it remains for
the automobile clubs throughout the
country to handle the situation as an
automobile problem and1 repeat their
successful efforts with respect to au
tomobile reglation.
"Considering the remarkable num.
ber of cars on the streets and the
rapidity with which the automobile
has come into use in the narrow
streets of crowded cities, automobile
traffic is exceptionally well handled.
Much of this is due to the efforts
made by automobile clubs to advo
cate proper enforcement.
"The clubs have also educated the
driver to a better understanding of
the problem of traffic, and have en
couraged the1 development of a great
er sense of personal responsibility.
"The one hope for the present
muddle and the solution to the in
creasing number of traffic accidents,
is for the automobile clubs to apply
their experience to the pedestrians.
"IIi:auestionably this would have
been done long ago had any one an
ticipated that the inability of the po.
lice :o regulate the pedestrian v M
1
For the Holidays:
Best of everything in
Fish, Flesh and Fowl
Christmas Turkeys a
Specialty
THE CENTRAL MARKET
G. B. SWAGCART, Prop.
IT IS NEWS, READ THE
HFRaI id
and His Slayer
it. ib
become a direct menace to those Tho
conscientiously endeavor to drive
their cars safely.
"It was generally supposed that
the traffic officers would be i able to
guard pedestrians who attempted to
cross at crossings or otherwise fol
low the ordinances to the letter.' But
the facts show that the average traf
fic officer has all he can do to take
care of vehicular traffic, let alone
look after pedestrians.
"Pedestrians appreciate this and
their present habit of crossing ac
cording to their own ideas is readily
appreciated.
"Secretaries of clubs affiliated
with the N. M. A. report that in many
localities the motorist is frequently
given more consideration than he de
sires. For example, he is directed
to plow through a group of pedes
trians merely because he has the
right of way and because the officer
is provoked at. the way the pedes,
trlans disobey him. Under such cir
cumstances the motor car operator
finds his path overstocked with haz
ards, and in nine cases out of ten
he would rather wait than take a
chance on injuring some one, regard
less of whether he might not be to
blame technically."
ED AD KINS RECOVERS CAR
A Ford car owned by Ed Adkins,
which was held for confiscation by
the state last July when the car
and two men with a Quantity of con
traband llauor was arrested near
Parkers Mill July 4th, was restored
to the owner In circuit court last
week, when Mr. Adkins showed that
he was not in the car at the time
and had no knowledge that It was
being used for an unlawful purpose
It pays to advertise in the Herald.
HEPPNER HERALD. WE
RQYlNR CARD A ELKS
More than 150 Elks attended the
regular lodgp meeting, of Heppner
lodge last Thursday evening, mem
bers and Tlsitors gathering from
nearly all parts of the lodge's juris.
diction. Big delegations were pres
ent from Arlington, Cecil, lone, Lex
ington and Butter Creek and the,
meeting was an event in the lodge
annals.
The first meeting night in each
month has recently been set aside
as "initiation night" and Thursday
night a class of ten new members
trod the flowery trail that leads to
Elkdom. Several applications for
membership were also received dur
ing the session, showing that the
lodge is in a healthy condition and
growing at a satisfactory rate.
Following the regular lodge ses
sion a smoker was held, when a rat
tling good card of boxing events was
given for the edification of the
brothers.
The show opened with a hot lit
tle three-round match between Ralph
Moore and Vic Groshens, two local
boys in the 125-pound class. The
youngsters put up a hot scrap whli
it lasted, going three one-mlnute
rounds to a draw.
Gene Doherty and Francis Moore,
another brace of promising local
boys who tip the beam, at about 135,
followed with another warm three
round match going to a draw in fine
form. The two Moore boys are
brothers and boxing seems to run in
that family.
Emery Goodman, of Eight-mile,
and Young Schwartz, of Heppner,
two more school boys, but both
crowding the heavy-weight line,
went three rounds with some live
ly-slugging., .Goodman, had the Nad'
vantage in weight, but Schwartz was
quicker with fists and feet and the
decision went to him.
Doherty then went back against
Earl Merrltt, another handy local
boy and there was no foolishness In
the exhibiton they put on. Doherty
is a rangy kid and while Merritt is
stocky and well muscled, the Irish
man had too long a r,each for him
and the decision was his.
Then came the two main events of
the evtning: Brighton Finch, of
Heppner, toolc on Chuck Gordon, of
Vancouver Barracks for four 1W
minute rounds. The Vancouver man
was in the pink of condition, hard as
nails and cool as a cucumber on ice,
and Finch, who was without any real
training for the match, was winded
and forfeited the match near the last
of the second. Finch showed plenty
of speed, science and punch while he
lasted and had one of His swings in
the first round landed the story
might have bepn different. Another
match has been arranged for the men
to take place in February and the
Heppner man expects to go jnto
training for that event at once.
The big event, of .course, came
last, when Joe Marcus, the pride of
Arlington, and Billy Winters, a fa
vorite at Vancouver Barracks, went
on for six three-mlnue rounds, for
a $100 purse cut 40-60. These men
are both well known In their class,
weighing in at about 135, and there
was no dull minute while that part
of the show was on. Tho Arlington
boy bested Winters in a hot match
last March, but on this occasion
Marcus showed lack of training and
while he put up a game fight at once
faBt and furious, the soldier boy was
too hard for him from the start.
Marcus went down twice In the first
but cany) back in the second, which
was his round. The soldier got two
more falls on Marcus in the third
and again in the fourth the river
town boy put tip the bent fight, tho
both men were showing the effects on
hard work. The fifth went to the
end with bbth men pretty well wind
ed and in the sixth Marcus was get
ting groggy and the decision went
to the soldier.
The entire program was one of the
best evjer put on In Heppner and tho
social committee promise plenty of
similar sport during the winter.
The sale and bazaar given by the
Ladles Aid society of Bethel Chapel
last week was a great success, the
nm of 1219.00 belnsr realized for
I J their treasury.
PRINT IT FIRST
NUMBER 34
EOF
15
E
OREGOX ACME . EXTENSION IS
STILL IS FIELD
Hope to Arrange for Early Develop.
ment in Morrow
County
Mr. Philip D. Northcraft, who ia
connected with the Oregon . Acme
Extension oil company, was a visitor
here Saturday afternoon and was a
pleasant caller at this office, whera
he talked briefly of the company's
plans for development in this coun
ty.
It will be remembered by readers
of The Herald that Claud D. Baker,
representing the same company, was
a frequent viBitor here last summer
and that tt was expected at that
lime the company would have two or
three rigs in the field before this
time and that active work would be
under way. Mr. Baker, however,
qualified his statements with the
proviso that certain blocks of terri
tory would have to be under leaso -before
drilling operations would
start and It seems that the same
conditions still exist. Naturally, tha
company wants assurance of having
a certain area, under lease and ready
for development should the first
drilling operations prove successful
and the hesitanlcy af land owners in
giving leases seems to be holding'
back development.
Mr. Northcraft has been stopping
at lone for a short time and is now
busy looking over the field and be
coming acquainted with conditions.
He Is associated with Mr. Baker, who
Is now in Seattle, but expects him
to arrived here within a few days,
when in all probability more definite
information regarding future plans
of the company will be given out.
Mr. Northcraft is of the opinion
that there is little if any doubt that
natural gas will be found In commer
cial quantities and while Indications
for oil are considered favorable, only
drilling will tell to what extent it
may be found.
Mr. Northcraft expects to be in
Morrow county for an indefinite
period and as soon as he becomes
familiar with the field he will de
cide where to establish his head
quarters, which may be in Heppner.
He hopes to see arrangements mado
that will permit development work
to start at an early date.
ROUXETT PLEADS GUILTY TO
FOUNICATIOX CHARGB
Dick Robnett, who was indicted by
the grand jury on aharge of forni
cation and who entered a plea of not
guilty in circuit court Tuesday morn
ing, changed his plea to guilty on
Wednesday morning. He was sen.
tenced to 15 months in the peniten
tiary Thursday morning. The caso
Involved a young girl of Heppner.
who Is now In custody of a home for
delinquent girls In Portland. She
was brought here last week to ap
pear before the grand jury.
THREE INDICTED IV CONDOV
KIDNAPPING CASK
Rev. G. A. Chaney, formerly pas
tor of the Condon Congregational
church and admitted organizer and
leader of the Ku Klux Klan In that
city, Howard H. Stiles, reputed
Burns detective, and R. W. Sinclair,
of Pendleton, where he Is also known
as a klan leader, were indicted hy
the Gilliam county grand jury last
week on the charge of kidnapping
Frank Smith from the Wllklns ranch
last Bummer and taking him to Pen
dleton, where he was alleged to hara
been placed in jail and given tha
"third degree."
L. E. Fry and Floyd Dunlap who
were also held for the grand Jury
on tlu) same charge, were not in
dicted, It being understood they
turned states evidence and testified
against tho other men. Dunlap, who
Is only a boy, was induced to swpar
to a complaint against Smith and
Fry, who is a garage owner in Con
don, drove tho car when the alleged
kidnapping took place.