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PAGE TWELVE from the cafe and gave a detailed account of their actions, as w it nessed from inside, although she said she could not hear what was (C ontinued from Page 1) being said. Mrs. Lasley testified «ras a conflict of opinion about th at she saw Rich tap Espinoza on “•distance" involved. No pow der the shoulder and th at when Es J}urn w ere found by the jury’- Es- pinoza turned, the officer took ju n o z a attem pted to testify from him by the arm . Espinoza raised J u s hospital bed, but told his his arm as if “to tak e for Rich’s ■questioners th at he did not re- gun," she stated, but she did not a n e m b e r details of the incident. see the gun. 35r. K E K erby, told the jury the Espinoza had been in the cafe victim had good chances of re- at various times during the a fte r ..covering and revealed th at he noon. Mrs. Lasley said and asse rt cm elled of alcohol when he was ed th at "he1 didn’t seem intoxic •adm itted Sunday night. W hether ated. but he looked wild." In ans e r not the m an was intoxicated, w er to a question by a jurym an, •could not be stated since he was the w itness testified that Mrs. «aid to be in a state of shock. Rich, who was in the Ace P as 4 4 any W itnesses Called time, called her husband after W itnesses testifying in order of Espinoza had allegedly knocked th e ir appearance w ere Jam es Kil- an unnam ed man down and had Jeb r ew, b arten d er at the Ace P as hit him the second time. tim e . who stated th at he had no John Hawk, Oregon state pol k n o w led g e of the incident until ice*. revealed th at he had been •« iter it happened. He said th at talking to Rich when the call for fie saw Espinoza 10 or 15 m inutes Rich came over the police phone. J>efore the shooting and th at he He let H uh out of the state pol h a d been drin k in g beer, but he ice car in front of the tavern and h a d no appearance of being in continued east to turn around at to x icated. Upon questioning. Kil- A m algam ated Sugar Co. He test Jcb rew later em phasized th at Es ified he did not see the shooting, p in o z a was not d ru n k when he but said that on his retu rn west l a s t saw him. on Main street he helped load Es M rs. Alice Lasley, w aitress at pinoza to take him to the* hospital. th e Ace P astim e Cafe, said that Resistance Denied « h e saw both Rich and Espinoza Benito Gonzales. Vale, asserted he was in the tav ern during the fracas and said that he witnessed I ts e a sy to selec t a fight in which Espinoza struck another Mexican tw ice with his yo u r ro o m co lo rs fist, breaking the unknow n vic from A m eric a's new est tim ’s nose. Gonzales said he saw the officer e n ter the tavern and ' ask for Espinoza, but denied see- I ing any scuffling. He testified j that three or four Mexicans w ere on the sidew alk before the gun j went off. A nother witness, also allegedly j inside the tavern during the inci- . . . fo u n d o n ly h ! dent, was I-upe Del Rosa, who M A R SH ALL-W ILLS confirm ed Gonzales’ report, but 1 asserted th at he saw Rich pull his gun and grab Espinoza tw ice I He said that he saw the motion j but did not see the gun. Del Rosa testified th at Espinoza was “not I drunk but kinda high.” ••' ■ Through an in terp reter, Louie 1 Vendrell, Ju a n C erbreros testified ■ H ' that he was standing on the side- 1 walk in front of the Ace P astim e I and saw the shooting. He sw ore that R a h drew his gun and th at Espinoza did not grab for the gun. C erbreros also testified that he saw Rich cock the gun and stated th at "he believed Espinoza was d ru n k .’’ Rich Testifies A m e ric a ’* n ew colort . . . The police officer testified and *elected by Faber Birren, answ ered questions voluntarily, foremen! color authority! since it was explained by the district attorney that he did not New color * I have to appear. Rich said that lector shows ! afte r inquiring in the tavern a- you eheeif el time how wells bout the fight for w hich he had blend in with been called, he w ent to the street rugs and fur- [ and touched Espinoza on the rustlings'Come shoulder, stating, "Y ou’re under m and try it! arrest, come w ith m e.” The officer asserted th at Espinoza stopped f G o e s o v e r w a llp a p e r , and th at he took him by the el p la t t e r o r w o o d ! bow, but Espinoza jerked aw ay, b R o ll o r b r u s h o n , d r ie s iw sw inging his arm over Rich’s a n h o u r! head w hile he backed away. He f S t a n d s r e p e a te d s c r u b b in g s ! said th at he pulled his gun to use as a blackjack and th at Espinoza $ 5 5 9 hit the gun, which Rich jerked back and it discharged. Rich CAL said he did not realize the bullet Some colors had hit Espinoza u ntil he saw slightly high« him ,fall. W hen asked if Espinoza had com m itted a crim e in his presence. Rich answ ered in the negative, but explained th at he V id o r R. H aburchak. Owner w anted to get him aw ay from the 124 M a in N y ssa bv-standers to explain the situ a tion to him. The officer asserted Assault Charge Takes Rich to Jury SUPER WALL-IONE Marshall-Wells WE BRING T H E SE R V IC E TO Y O U - Call Us F O R DUAL W H E E L S F O R ALL T R A C T O R S Goodyear Tires for Traders—Trucks—Implemenis B A T T E R I E S —F I L T E R S On-the Farm Service For All Your Tire Needs ECONOMY TIRE SERVICE East Idaho Ave. Ontario, Oregon Phones 672—24 THE NYSSA GATE CITY JOURNAL. NYSSA. OREGON. THURSDAY. MARCH 21. 1957 M?n About Nyssa school gam es. Of course, th ere is m em bership and in physical prop no connection w ith th at fact and erty since he took office last (Continued from Page 1) the fact th at Nyssa won cham p Ju n e. He joined th e Eagles in 7th. ionships y ear after year. 1938 and served five years as The big home on the farm Dale is the only one left in the trustee. which was quite a landm ark He is also a m em ber of the burned in 1951 The original hom e | area who started the Nyssa Road had been constructed in 1905 and A ssessm ent district. The o th er Ontario Elks, a 32nd degree M a four m em bers w ere F rank Mor son, m em ber of the Nyssa Blue enlarged in 1918. Dale’s hobby over the years has gan, Jess Thom pson, Ida Ure and lodge and a S hriner. The G arriso n ’s belong to the been baseball and for m any s e a - 1 Sid F lannigan. The work was sons he was um piring local high i sta rte d in 1945 but jelled in 1947 M ethodist church. and today is one of the finest dis ______________ - O ur guest took a dim view of tricts in the N orthw est. G arrison that the gun was not cocked at was board chairm an for six years. the exploits of last w eek’s guest— any time. Dale m entioned th at the suc S kinny T ensen—especially the Others Testify cess of th e district was attrib u ted deal in w hich S kinny sold Dale Others testifying w ere M auro to “people who w ere w illing to his OWN traps. Ortega, who said he w as outside pay for w hat they get, and they “I hope,” G arrison said, g ritt when the incident occurred and got w hat they paid for." ing his teeth , "th a t S kinny isn’t that he saw Rich pull his gun and Dale is president of the Nys resting too easy at n ig h t.” cock it. He denied that E-p noza sa Eagles lodge w hich has e x "T h ere’ll com e a day," he sn a rl raised his arm and said th a t he panded considerably both in ed! told Espinoza to go w ith the o f ficer. Gonzalo Torrez said he was standing against a car w hen the shooting occurred and th at he moved from the car to w ithin two or three feet of Espinoza w hen the officer came. He also asserted that he did not see Espinoza grab the gun or try to strik e it. V ictor Rico testified th at he was com ing across th e stree t and stopped We are selling the farm and personal property at auc in front of the tavern w hen the tion, located '/« m ile south of Alpenrose D airy north “trouble started .” A lthough he of Nampa on H ighway 30, or first place south of the stated that he saw Rich pull the Nampa Airport, beginning at 1:00 p.m., on— pistol from the holster, he said that he did not see him pull the ham m er back. He asserted th at R.ch did not say, “Y ou’re un d er arrest” to Espinoza. Domingo Ybenez was an o th er Including 2-ton Chevrolet Truck, Ford Tractor, Dodge w itness who said he was on th e Passenger Car and M iscellaneous Farm Machinery. sidewalk when Rich attem p ted to make the arrest and denied th at E-pinoza raised his arm 4 Guernsey Cows. 1 Holstein Cow, 2 Holstein Heifers. Grand Ju ry In Nyssa 4 Guernsey Heifers and 1 Jersey Heifer. M embers of the grand ju ry came to Nyssa Monday to inspect the Ace Pastim e and the city jail, but Surge Milking Machine, com plete w ith pipe: 2 Surge they did not question any w itn es Milking Units; 20 Tons Baled Hay; 100 Bu. M ixed Grain ses here, it was reported. To allay any qualm s about handling of police cases in the fu 1955 Trailer House; Lone Star Boat and Motor. ture, C hief Hansen stated, “We will go on w ith the sam e policies we have used since I have been chief of police in Nyssa.” C hief Auctioneers: Ellis W hile, Ontario 687; Fred Howell, Hansen said there is no need for "long speeches” or explan atio n s Nampa 6-2372. Clerk: L. F. Mesler. Nampa 6-4955. about policy, but em phasized th at law enforcem ent will continue. M onday houseguests at the father. S h e m an Ludlow who .» hom e of h er b ro th er and sister- ill in the Nam pa nursing home, in-law , Rev. an d Mrs. P aul Lud- W ilton Jackson and Lynn, Car- low, w ere Mr. and Mrs. P. J en and Bruce spent spring vaca- K albfleisch of Filer, Ida. T uesday tion steelhead fishing at Riggins, the group visited Rev. L udlow ’s I Ida. * * * * •* * * * * * * ♦ * * * * ♦ * ♦ ♦ ♦ ♦ * ♦ ♦ ♦ * ♦ ♦ ♦ * ♦ ♦ * * ♦ ♦ * ♦ * » ♦ * * * ♦ * -• Nyssa Theatre DIAL 3932 S tartin g Time S at.-Sun— 1:30 P.M. Evenings— 7:30 P.M. THURSDAY and F R ID A Y — MARCH 21-22 "RUN FOR THE SUN" With Richard Widmark — Trevor Howard Jane Greer — Carlos Henning SELLING AT AUCTION! 17' -ACRE FARM and GENERAL FARM SALE A fem inine reporter, tracking dow n a scoop, lived an ad v en tu re m ore exciting th an any y a m she could spin. _______________________________________________________ = _ SATURDAY — MARCH 23 "MIAMI EXPOSE" With Lee J. Cobb —.Patrica Medina A fighting police lieu ten an t takes on crim e’s most pow erful mob. Friday. March 22,1357 SUNDAY and MONDAY — MARCH 24 25 Delux Tractor. Truck, Car and Machinery C inemascope "KING AND FOUR QUEENS" 11 — Head of Dairy Cattle — 11 W ith Clark Gable — Eleanor Parker Jo Van Fleet — Jean W illes Milking Equipment, Hay and Grain This cowboy king was safer shooting and gam bling th an as th e targ et for fo u r pred ato ry women. M atinee— S un d ay 1:30 p .m . Trailer House and Boat TUESDAY, W EDNESDAY and THURSDAY MARCH 26-27-28 "SOMEBODY UP THERE LIKES ME" W ith Paul Newm an — Pier A ngeli Sal Mineo — Everett Sloane HOMER R. KIRK, Owner The inspiring tale of a boy who rose from poverty to become fighting cham pion. , *■ »«**♦****•**■ * *•**♦**'**★ **'*•**'*'■*■***★ *******■ *■*■*+-» SALT away EXTRA SAVINGS on these PLUS SR V STA M PS Ore-Ida — Potato Prices Effective . . . Thursday—F riday—Saiurday Patties 29< 5 Pkgs. Sun Country — 10 Oz. Borden's — -32 Oz. Strawberries5 P k 9 s o9c Salad 1 Dressing, 55< COMPARE THE TRIM! GUARANTEED M EATS Planter's — 18 Oz. Peanut Butter Stockton — 12 Oz. Catsu IP i for 53< 43< M. J. B. — 2-Lb. Can Coffee 2 u* *199 Dromedary Cake Mixes2 F •kgs. 45< Glenwood — 303 — Solid Pack Tomatoes L MAR 6th & M ain at th s "Y ” Color . _ 7 cans $100 7L Nys»« NO LONG TAILS LEFT ON OUR STEAKS and ROASTS! Tasty, Tender "Armour" Fryers W hole. . 7 9 6 Each Cut U p . . 8 9 6 Each Just Right Anytime— _ Weiners 2 Lb Ba9 89^ B A K E R Y S P E C IA L Crunch Oven-Fresh FR E N C H B R E A D 2 Loaves . . . . .......... 39 * &