Great Falls tribune. [volume] (Great Falls, Mont.) 1921-current, 1922-09-07
CONLEY'S MEN
SAY POLITICS
DRUGGED CASE
Defense Counsel Files
Articles in Court Cen
suring Macdonald.
Dixon Is Assailed in
Arraignment for Use
Made of Tribunal.
(TribUne's Helena Bureau

| Helena, Sept. 6.-ArgumeDts tend
ing to show that the investigation OF
affairs at the Montana state penisen-
| tiary by It. H. Mcdonald was inspired
! by politics are set forth in the bret
of the defense in the case Of the state
against Frank Conlcy, former warren,
which has been filed in the district
T., court of Judge A. J. Horsky by counsel
for Conley. The arguments go con-
siderably further and bitterly assail
/ the investigator and his motives. basing
! these arguments upon the testimony
which was brought out in the trial of
| the case in district court, which covered
| a period of SO days.
The facts were taken up by the
counsel and many cases intended TO
support the view of the defense as to
the law questions are cited. The at
torneys filing the brief are Judge j. +.
O'Connor of Livingston, l. w. Choate
of Helena of the firm of Ford &
Choate, and Judge Carl Rasch of Hele-
ma of the firm of Gum, Rasch IL Hall
The arguments of facts consume the
first half of the brief and the law points
are covered in the second half. Each
of the Is causes of action are taken
up separately.
Counsel for Conley pay their re-
spects to the chief executive and his
! investigator in the Introductory re-
marks to the argument of facts as
follows:
Respects to Governor
ut is seldom that the courts of the
Io- -1 kotI Il nnf
and confidence of all right minded men,
are sought to be used as an instrument
of oppression and for the qualification
of cheap political spite.
When, however, case of this sort
comes into court clothed in such garb
that court of equity cannot refuse it
hearing, no matter how evident may
be its character and purpose, common
decency demands that it be denounced
for what it is.
I'VE think it not improper or lacking
in due respect for the dignity of the
trial court, and we deem il our duty
no less as officers of this court than as
counsel for the defendant, to here brand
as such the miserable, farcical, politics
inspired Investigation of which this
law suit is the result
This pseudo -investiga ordered
by the governor of the state. conducted
by one man only, whose associates in
the last legislature properly christened
him as the 'gubernatorial bloc dis
tinguished himself (as the court has
been amply shown by partisan and
one-eyed effort to see only what and
when it wanted to see and to wear
blinds and dark glasses at all other
times.
Says Dixon Dictated
The governors investigator. who
for six months prior to its reluctant
adoption by the attorney general, acted
as nurse to this puking Dixonian child
conducted his inquiries pursuant to the
executive fiat. with Ito speak figura-
tively) both microscope and telescope
Not even the consistency of the prison
swill, the expectancy of life of an old
pick handle or the value of a wornout
and discarded auto tire were details
too small for his minute scrutiny. while
at times, his enlarged vision ranged
beyond the confines of Montana to-
bring back some freshly paroled felon,
that the details of Frank Conley's
iniquity might be laid bare to the court
with fitting establishment
His chief failing (or may it not
have been his pre- eminent qualifica
ton for a job of this sort) was that
in pursuance of his 'invariable custom
he turned his microscope upon the
stars and sought in vain with his tele-
scope to isolate the germ of Frank Con-
ley's disease.
He was as apt to devote his time
and energy to testing the specific grav-
ity of the prison swill when the only
question to be determined was who
had the right to use 1t, as be was to
corrugate his brow computing the vast
total of property converted by the
defendant, when all he need to have
done was to ask melody who knew:
Who did 1t belong to?'
Refer to Buildings
"The sight of a score of brick build
lngs towering in the air at the Mon
tana state prison, the state insane asy-
lum and the state tuberculosis hospital,
gave to this investigator no hint that
any brick had been used in their con-
struction. He merely noted in his
memorandum book: 'Conley must ac-
count for six million brick and went
on his way.
HE saw all about him, at the prison,
the prison farms, the prison road
camps, the quarries, the brick yard and
all the manifold prison activities, the
evidence of the use of horses in large
numbers. Again he noted in his memo
randum book: The state owns no
hores--only a dog-a dog cannot eat
hay-Conley must pay for all the hay
bought by the prison
Endowed with his high JUNCTION to
investigate the conduct of the prison.
he hied himself to Deer Lodge and
eSsght the eager ear of some 40 or 30
convicts, who, beneath the soft com
pulsion of Warden Potter, and well
knowing from what source pardons and
paroles issue, speedily impaired to this
unbiased investigator the information