The Mena weekly star., 1921-11-10
EIGHT CONVICTED FROM BORDER BAND
Organized to Steal and Defy the Law -and Help Members Keep Out of JaiI-Had Code of Day and
 Night Passwords.


 The eight men and the crimes for which they were sentenced are as fol- lows:
 Crockett Warren, perjury.
 Charles Nichols, grand larceny.
 Austin Nichols, making liquor.
 Jesse Nichols, grand larceny
 Allen Nichols, grand larceny.
 Harvey James, grand larceny.
 Gus Roy, grand larceny.
 C. l.. Smith, perjury.
 Three of the eight, Jesse Nichols, Allen Nichols and Harvey James, en- tered pleas of guilty. The remaining five were found guilty after trials by iuries. All the accused were given one year sentences in the state peni- tentiary.
 Crockett Warren, Charles Nichols, c. l.. Smith and Gus Roy have ap- pealed from the decision of the circuit court and are out on bond. Austin Nichols, who served his country in France and who is still suffering from the effects of German gas, has been paroled by Judge Steel. Harvey James, Jesse and Allen Nichols, have been taken to the state prison to begin serving their sentences. Two addi- tional charges against Warren have been continued for trial until the April term of court.
 Four of the eight men are brothers, sons of Joe Nichols, a respected pioneer resident of Polk county. Most of the men are landowners, married and have families.
 Gus Roy was the last of the eight to stand trial and his case was sub- mitted to jurymen who had not heard any of the evidence that had brought about the conviction of other mem bers of the alleged band. Much of the evidence adduced at Roy's trial was also offered at the trials of Allen and Charles Nichols.
 Testimony was offered to show that while the organization lacked name, it had a secret grip, passwords, and a death penalty for those of its mem bers who proved false to their obli- gations.
 The passwords, as revealed in court, were combination of forms of common greeting and had two differ ent meanings one form being used by day. the other by night.
 Upon meeting a person believed to be g member in daytime, the pass word is said to have been as follows:
 sIt's a fine day"
 The answer. which identified the i speaker as member in good stand ing vas
 "Yes, it lis"
 By night the salutation was
 It's a fine night.
 The answer was. "To be sure"
 While there have been rumors and ! reports for some years past of the ! border bands activities in taking l property belonging to others, and in various other forms of law viola tions, it was not until the present year that a determined effort was made to bring halt to the organiza- tion's depredations.
 Sheriff J. A. Thornton, called as witness in the trial of Gus Roy, tes- tifed that he learned of the bands operations early in the summer and took steps to bring about the arrest of it's members. The officer told of the arrest of Roy and others early in October and stated the defendant ad- mitted having been present when a COW. later identified as belonging to Ira McCowan, had been butchered. Roy, admitted, the sheriff stated, that 3he penalty for divulging secrets of the organization was death.
 Amos Musgrave, a deputy who as sisted Sheriff Thornton in the inves- tigation and subsequent arrests, told of visiting by night the haunts of the band and digging up the hide and head of COW.
 Ira McCowan identified the horns as being those of COW stolen from him.
 Jim Murray, said to be member of the band because he was afraid to withdraw, and also a confessed moon sinner, was a star witness for the prosecution. Murray testified that the COW, whose horns were identified by MeCowan, had heep taken at night about the first of September from Charles Nichols lot and had been killed and butchered about 10 p. m. in the woods. by the light of pine torches a quarter mile east of his home, just across the state line in Ok l iahoma.
 Murray testified that Gus Roy was eone of the men who helped butcher the COW, and that the defendant was a member of the organization having been present at other meetings. Roy was permitted to help dress the cow because he said he had once been a butcher.
 According to Murray the object of E the organization was to steal to defy tue law and help members to keep out | scf jail, by shifting the blame from one to another until the charge was worn out in the courts. The witness testi- fed he had first joined the band last December, but upon learning thievine was the object, he ceased particiuat- [ ing in it's meetings.
 Murray admitted he was manufae- | turing liquor and testified that after | he withdrew from membership the band started depredations against his | property. He rejoined the organiza- tion In August and the depredations | ceased. Witness told of meeting l where stolen chickens were used for 1 feasting and stated Gus Roy was among those present. Murray was certain Roy was a member because he gave the correct grip and pass words.
 Murray testified that he took the oath of membership at Mark Will jams home, and that he attended three meetings of the band. Mark Williams, the witness testified, was president of the organization.
 Bill Davis, arrested for being a member of the band, but not indicted ! testified that when he was asked to I join organization he had been told it <v1a f1Iaf oua far fha r.afxhhorhoa1