The Syracuse Journal, Volume 27, Number 7, Syracuse, Kosciusko County, 7 June 1934 — Page 3

THURSDAY, JUNE 7, 1034.

Jim the Conoueror By Peter B. Kyne

"All set for a quick grab for his mm,* Ken Hobart reasoned. "Wily old wretch !" Aloud he said. “Good morning. Mr. Antrim." •‘Hello, yourself,” Antrim replied with an assumption of heartiness. "What's your name when lunch is ready?” Hobart grinned. “Pm Captain Ho- ' hart, of the Texas Rangers. I bus- | petted luncheon might be ready about • the time 1 was due to ride by, so I’ve j Invited myself.” “You're welcome, ranger. What's , the gossip around your way?” Hobart dismounted and tied hts horse to the breeze. "Nothing much. A little smuggling, a little gun-run-cattle mid to vary the monotony. a killing. Thingware pretty quiet along the Border.* . > “What brings you up this way?” An- J trim was suspicious as a predatory I animal. . "1 figured on giving you some sound t advk-e. Mr. Antrim, You're trespass- I Ing on the Higuenes lands and Don Jaime Higuenes doesn't cheer for that. It looks like a private war to ; me; and as a ranger I prefer to stop ■ a private war before It starts, rather than after It's started. You're In the wrong. Mr. Antrim, and I advise you to puli out of here and not come hack." “You come to arrest me for tres- : passing," Antrim asked. “No, of course not You're grazing your sheep on state lands., I can't arrest you until you drive them on the lands owned by Don Jaime in fee simple—and those lands surround the water-holes whereby Don Jaime controls this range. Even then I’ll not arrest you, because Don Jaime refuses to ask It or swear out a warrant Says he likes to kill his own rats.* •'Called me a rat did he?" Antrim's cold, pale blue eyes were very bleak. “Not at all. That just my way of expressing the situation. I was speaking In the vernacular. Don Jaime Isn’t very far from here. Mr. Antrim. He'd like to have one final talk with you. He Isn't armed. Suppose you drop that gun you’re wearing and walk out with me to discuss this situation with Don Jaime." "Reckon I can trust a ranger.” Antrim replied, as Hobart expost'd his shield. He hung his gun and belt on the projecting snag of a cottonwood and followed the ranger to where Don Jaime Higuenes waited. “Well, Higuenes," Antrim saluted him gruffy. •Tve come to warn you not to at-. tempt to water your sheep at any of my water holt's, Antrim.’ -And if I dor “You’ll fight to the death for the privilege.” “Well, I can do that, too. How do I know you own those water-holesr

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“You'll Fight to th* Death for the " Privilege." “You have my assurance that I do. If you doubt that, look up the records at the county seat** "Your surveys are wrong." "I am not aware of that Os course, if they are, you may water your sheep—after you’ve proved your statement. However, your argument is footless. You do not wish to believe me and I wouldn't believe you under oath. So suppose we have the county surveyor out here to resurvey all the lands I hold in fee simple. If he proves the old surveys to be erroneous. Til pay his bill. If he proves them correct you pay his bill, move out with your sheep and never come back." Tm not taking orders from any d —n greaser.” Don Jaime's white teeth flashed in a smile of vast amusement "No intelligent man takes a civet cat in his hands, Antrim. I have warned you. In the' presence of Captain Hobart not to trespass on the lands I hold in fee simple." Without a word Antrim turned and walked back to his camp. "It's war," said Don Jaime Miguel Biguenea "The man must be a trifle insane. Don Jaime." "Not at all. He’s running a bluff because he thinks Tm weak. He Is willing to be arrested for trespass, provided bis sheep may drink. He win ball himself out of jail—all his men, too—and trespass again and again. The season is a dry one s and the feed on his own range is depleted. Be must get through y»e jrammer

some way and • hold his flock Intact .. . Well, Hl ride back home and organize my defense.” i “You’ll do nothing of the sort. Don Jaime. I shall. As assistant general manager it is my duty to command. Besides, I" know how. Your life Is j much too precious to risk It in a ; brush with these sheepmen. Arrest and trials will follow this fight, and If I you are not alive to protect your men. ' who. then, will protect us? Who will < bail us out of jail?” I Don Jaime smiled his lazy smile. It was easy to see he was very fond iof the ranger. “There Is sound reason In your argument,” he admitted. Hobart went on. “Permit me to return to the hacienda and organize your forces. Don Jaime. . Meanwhile, you ride on to Ix»s Algoi dones and file my telegraphic resiena- • tion to the governor. Here it is. 1 It requests immediate accentnnce by ' wire. Walt for the answer. Meanwhile. make your arrangements to provide bail for twelve of your men. What men do you advise for ’ this expedl- ■ tion?" • Don Jaime named them promptly. I “Now. then.” Hobart continued, “we're going to lick the Antrim crowd, and some of them and perhaps some ,of us are going to get killed. More of them, I think. The survivors will prefer a charge of murder against any i of ,the men they have, recognized during the fight, and the hail will be about twenty-five thousand dollars each tn cash or fifty thousand In bonds. We will assume that four of our men will be recognized. That , means you must provide one hundred thousand in cash or two hundred thousand In bonds.” “I'm-good for that in bonds " “Well, then, make your arrangements In advance with the district at- i torney. You'll be In L»s Algodones this afternoon, ail night and tomorrow forenoon. Tomorrow afternoon you will ride back, with the sheriff, who will be otr his way out to your ranch to arrest your men. You will i have a perfect alibi, because this tight will have been pulled off in your absence, so you will be quite free to look after the comforts of your defenders." D<<n Jaime pondered. He much preferred. when his men were In danger defending the master’s Interests, to ■hareJbat danger with On the other hand he realized that the issue 1 was not to be fought entirely at the ' water-holes; that in the courts he ; , would be needed much more than in any other arena of battle. He knew , Ken Hobart was talking sense, and that the sensible thing to do would be to heed his advice. So he heeded It. And in heeding It he experienced no qualms of conscience, no feeling that he was playing safe while others fought his battles. 1 “Vefy well, Ken," he agreed. “Enrico Caraveo. my riding boss, knows every foot of this range; once he locates the sheep he'll know what water ' they will try for this evening. The rest I leave to you. Perhaps you had t better loan me your rifle. In case I ' should run into some of Antrim’s ' herders after leaving you here.” I He helped himself to the ranger's t rifle and scabbard and fastened It f along his saddle. It was a Mauser ■ carbine, and the ammunition was car- | tied in clips of five In pockets on a j buckskin vest. 1 Don Jaime donned the vest and, with a nod to the ranger headed his horse across country tn the direction of Los Algodones. It was some months since he had ridden a horse. For many years his trips around his ranch, between his ranch and the county seat bad been made by automobile. He paused now. thinking of the twenty-mlle ride back to the ranch; deciding he would spare himself that hardship he shouted to Hobart: “Ken, tend one of the boys Inta Los Algodones with the motor and 1 the horse trailer attached, to bring my horse and me home." j "Seguro,” Hobart shouted back. CHAPTER 111 Don Jaime rode hla horse along the aide of the valley, gradually climbing to the summit of the hilly range on Its southern boundary. Here he paused and looked off to the rolling lands below. They were dotted with sheep, standing In long rows a dozen 'deep, head to head, cropping the dry feed to the grass roots and trampling the roots with their sharp small hoofs. It was true that the lands whereon the Antrim sheep grazed were not the property of Don Jaime Miguel Higuenes. They were state lands (for Texas never surrendered her public lands to the federal government) and. undoubtedly. Antrim had as legal a right to graze his sheep there as Don Jaime had to grass his cattle. Nevertheless. by custom and usage. It had come to be known as the Higuenes range. Don Jaime's grandfather had purchased with cheap land scrip the acreage along the watercourses and around the springs, and by this control of the water the Higuenes dynasty had for generations exeg'lsed nominal control over the public lands adjacent thereto. And, since this was a common practice, regarded as an adroit business move but never as a wanton usurpation of the public domain. cattlemen and most sheepmen had respected the Higuenes control For the grass on this controlled

range the Higuenes family paid nothing. To the state’s feeble charge of trespass by the Higuenes cattle, the reigning Higuenes had always replied with a polite offer to bear half of the expense of fencing the lands It held in fee contiguous to the state lands and thus prevent trespass. The state discovered that the expense of many miles of fence would not be warranted on the hypothesis that any revenue would subsequently accrue by reason of the sale of grazing permits on the fenced lands of the state, since, with the Higuenes family controlling all the waterways and waterholes. no man would be foolish enough to seek a grazing permit! Pending the adjustment of this ancient dispute therefore, the matter slumbered officially. and Don Jaime Miguel Higuenes neglected to fence his fee lands contiguous to the water; also he neglected to supply herders to confine his cattle to his fee lands, wherefore they wandered over the state lands at will! Os this situation wily old Tom Antrim had decided to take advantage. His own range had been grazed over: It had been a dry year tn his part of the county, he had the sheep on his hands, they - were not ready for market. nor was he ready tn accept the market price for unmarketable sheep. He had to maintain them, and In his dilemma he turned quite naturally to one of the earliest laws of human nature, to wit. that a desperate man is Justified In taking desperate measures. He was familiar with the Jaw of trespass. If the owner of fee lands did not fence them he could not prose cute successfully the owner of loose live stock that wandered thereon! And Don Jaime Higuenes could not afford to fence the small acreage around springs and water holes and the narrow forty-acre strips along watercourses, some of which went dry in the summer. If he did his own live stock could not get in for water! Antrim reasoned he ran but one risk, and that was a battle to keep bls sheep, not from trespassing on un fenced lands, but from drinking Don Jaime's water. However, there were many water-holes and many watercourses to guard, and perhaps Don Jaime would not guard them all; perhaps if Antrim appeared strong armed guard of- herders Don Jaime would not foree the issue. These things Don Jaime Miguel Higuenes considered as he gazed over the country that, by hook and crook, had been sacred to four generations of his people. He had but one real advantage, one legal right. His fee lands were unfenced and hence a suit for trespass could not lie, but he did have the right to drive trespassing live stock off his fee lands before they should have an opportunity to drink. If held off long enough they would perish of thirst, and if while driving them off he and hla men were attacked by the owners of the trespassing live stock they would be clearly within their legal rights if they defended themselves. Don Jaime smiled. “Thrice doubly armed Is he whose cause Is Just," he soliloquized. “Well. Senor Antrim has the surprise of his life coming to him this evening. He's staked everything oi» a lone ace—and I'm going to take the trick with a trump deuce." He decided to bear off to the right and give the sheep and their herders a wide berth, for he had no Intention of coming to grips with the enemy anywhere except on his own lands and In defense of his inalienable rights. So he turned down a long draw to the valley below. At the mouth of the draw he paused and dismounted, for the long trip downhill had revealed the fact that his saddle cinch was loose; it had slipped out over the horse's back withers. Don Jaime removed saddle and blanket, saw that there wege no wrinkles in the blanket, and adjusted It again to the horse’s back. He was In the act of swinging the heavy stock saddle up onto the animal when something ripped across bis breast. He felt a gentle plucking cf his shirt, experienced a feeling that he had been burned. Then the crashing sound of a rifle echoed through the draw. The thought flashed through Don Jaime's agile brain. “Tom Antrim had another tramp. He’s playing it" With a savage wrench he jerked Ken Hobart’s rifle clear of the boot, dropped the saddle and leaped for the brush with the alacrity of a frightened rabbit A fusillade of bullets, followed him; before he could gain the shelter of the reverse slope of the left of the two spurs which formed the draw, be had been hit three times, the last wound dropping him headlong on his face. The paralysis was but momentary, however. He rolled a couple of time*, half rose, lurched forward and rolled

When He -Reached “Dead" Ground, He Rested a Few Seconds. again. When be reached “dead” ground, he rested a few seconds, then on his hands and knees crawled around the toe of the spur; presently he got to his feet and limped slowly and painfully up the hill fifty yards, got down on his hands and knees, and

TH® SYRACUSE JOURNAL

with his body as close to the earth as possible crawled back through the low sage over the spur toward the draw. When he could look down into Hie draw again he stretched out and brought his rifle to the ready. He waited. ? (TO BE CONTINUED.) -jicalflajyenaijs Miss Ida Deardorff came from Chicago to spend the week end at home Mr. anfi Mrs. Jock Taylor have rented the N. G. Skidgell property. Mr. and Mrs. Eldred Mabie spent Decoration Day at the World’s Fair. Twin calves were born to one of the cows om Loren Eyeris farm, last week. Mr. and Mrs. Emory Druckamiller and son from Angola visited relatives in Syracuse last week. Mrs. William Hall has returned to Cry,o Pa., after a visit here with relatives. Miss Marjorie Slabaugh is still sick in bed, her illness following the measles a few weeks ago. Mr. and Mrs. Ralph Davis of Goshen spent Sunday with Mr. and Mis. John Hurtig. Roy Schleeter’s mother has been seriously ill with erysipelas this past week at her home east of New Paris. .Mr. and Mrs. Jack Chappel of So. Bend spent the week end with Mr. and Mrs. John Chappell. Mr. and Mrs. O’Connor and daughters from Bremen were guests of Mrs. Bert Cripe, Decoration Day. Mrs. Jesse Rex and daughter Ida Mae spent Sunday at the cottage of Mrs. Rex’s sister, Mrs. Gertch. Mr. and Mrs. N. G. Skidgell and Harry Cleveland visited in Hammond over the week end. Ross Osborn and Earl Menzenberger both bought new cars this past w-eek. Dale Miller hrs been ill for more than a month, never having recovered from the after-effects of measles which he had that long ago; Mr. and Mrs. George Xanders and family are spending this month at the Xanders cottage on Kale Island. Keith Cripe, Paul Colters and Archie Laughman are attending the fair in Chicago as guests of the South Bend Tribune. Mrs. Ethel Sensibaugh Bradley of Elkhart and niece, Miss Louise Sensibaugh were callers in the J. P. Dolan home, recently. Mrs. Petty returned, Thursday night, to stay with her sister, Mrs. Fannie Hoy, after several days spent in Peru. Mr. and Mrs. T. L. Piper and family and friends from Quincey, Mich., were guests of Mr. and Mrs. E. McClellan, Sunday. Mrs. Jesse Darr suffered a nervous breakdown at her home, the (S first of this week, and Mrs. Effie Strieby has been working there. Mrs. Alice Tripp and Mr. and Mrs. Thompson from Jackson, Mich were in town yesterday, visiting relatives. Mrs. Roy Riddle went to Willard, 0., Sunday, to spend several days with her husband, who is employed there. Mrs. Sherman Deaton has cows with Names. One of the animals answers to the name of Zazu Pitts and another to Grade Allen. Mr. and Mrs. J. F. Brickie went

Grieger’s FANCY GROCERIES Phone 15 Free Delivery CASH Per Pound, 30c Hear the Maxwell House Program Every Thursday at S P. M., over C.B.S. SUGAR 10 POUNDS, Ta/V BUTTER, SOAP CHIPS 9C r Post Toasties - PACKAGES Apple Butter, 1Q r 1 QUART loFV FRESH FRUITS DRESSED CHICKENS Fresh Peas, Fresh Tomatoes Spin«h and Orangra

to Fort Wayne last Thursday to visit relatives for a few days. They have since returned home. Mr. and Mrs. B. F. Beale, Mrs. T. S. Hinkle, Mrs. May Kline of West Unity, 0., and Leland Beale of Blakesley were guests of Mr. and Mrs. Garrett Grissom, Sunday. Sunday dinner guests of J. P. Dolan were: Mr. and Mrs. Wm. Nickler and daughter Rosalie. Afternoon callers were their son, Forest Nickler and wife of Elkhart. Bert Cripe came from So. Bend to spend the week end at home. Mr. and Mrs. Alva Ketring spent Sunday afternoon with Mr. and Mrs. Cripe. / Mrs. Harry McClintic and Jkfrs. Lydia Deardorff took Rudolph Popenfoos to Kalamazoo, Mich., Sunday to visit his daughter, Mrs. John McClintic. Eighteen members attended the luncheon of the Ladies of the Round Table, the last meeting of the club, held at the cottage of Ross Osborn in Highland View, Friday. C. C. Bachman and daughters Laura and Lucy went to Bloomington, yesterday, planning to bring home today, Harriet, who has been a student at I. U. this winter. Mr. and Mrs. Stephen Freeman and son James drove to Greencastle, Tuesday to bring home Joe, who has been attending school at Depauw this past winter.

—HOME STORE SPECIALS—- • —FOR SATURDAY— See our hand bills for other specials 3 large P. & G. Soap 11c 5 lb. bag Rolled Oats, 23c Pkg. 20 Mule Team Borax 15c 3 bunches Radishes 10c Try our Extra Fancy Hot House Tomatoes, lb 25c Qt Little Elf Sweet Pickles 25c 2 lbs. Pure Lard 15c Ask for Your Copy of Table Talk This Week 16 lb test Japan Silk Casting Line 47c 4 rolls Seminole Toilet Tissue. 25c 2 lb. box Tasty Flake Soda Crackers 21c 2 boxes French’s Bird Seed 25c' Fresh Salted Peanuts, lb 9c FREE SUCKERS TO THE KIDDIES —SAVE AT—KETERING’S CASH GROCERY AND MARKET 13S—PHONE—139 Candy Pop Beer Ice Cream

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ATTEND FUNERAL. . Among those from one-of-town who attended funeral services for Tillman Hire, Sunday afternoon ■ were: Mr. and Mrs. Adam ’ Keim, Mr. and Mrs. Claude Hoover and baby, from South Bend; the Misses Vera and Violet O’Dell, Mrs. E. W. Hire and son Louis, Mrs. Hausman from Elkhart; Mr. and Mrs. Cach Lantz and Mr. and Mrs. Joe Gordon from Garrett; Mr. and Mrs. Frank /Baltz from Auburn; Mr. and Mrs. Herschel Pressler from Corunna; Mrs. Jones and daughter, Mr. and Mrs. William Johnson, Mrs. Wiest, Mr. W. Wieder and Mrs. Hire from Huntington; Mr. and Mrs. Will Sit-

Specials for Saturday All Items Cash SUGAR, 10 POUNDS, j 49c BUTTER, Creamery, lb 26c SOAP FLAKES, WHITE, 10 bars 30c DUTCH CLEANSER, 3 10c cans 24c LYE, 3 10c cans 23c SOAP CHIPsTeASY TASK, 35c boxZZ~2Bc RAISINS, 3 10c pkgs ... [ 25c SODA, DAVIS, 1 lb. can 7c SODA CRACKERS, 2 lb box, t 20c GELATINE DESSERT, All Flavors, 3 7c pkgs 15c Strawberries, Green Onions, Peas, Green Beans, Asparagus, Pineapples. Seider’s Grocery

tin and father and mother and Dora Davis from Areola; Mr. and Mrs. Charles Cline and Mrs. Schrock, „Mr. and Mrs. Edward Riggle from Goshen; Mr. and Mrs. Fordie Grisamer from Sturgis, Mich. u LOSE BASEBALL GAME Last Sunday, Mishawaka trimmed the Syracuse baseball team, 13 to 4 in a game which ' was especially marked by errors on Syracuse’s part. There were 10 of these. Up to the seventh inning the game was fairly close, the score being 5 to 3, Mishawaka's favor. In the seventh, Mishawaka made six runs, mostly due to errors.

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