Great Falls tribune. [volume] (Great Falls, Mont.) 1921-current, 1922-05-27
LETTERS SHOW
HOW BERNE GOT.
$4,000 BRICK
Records Enriched by
Correspon ondence on
Trade for Plant.
State Files Evidence
Of Buying Machinery
Before Purchase.
(Tribune's Helena Bureau)

\
prison brick yard for which the stat
| is seeking to obtain restitution unde
| its ninth cause of action in the case o
| the state against Frank Conley, for
mer warden of the prison, was explain
ed away during the trial of the cas-,
Friday when the defense succeeded i,
having read into the records cores
pondence between Conley and Johf
Berne, or lawyers representing Berne
by which was shown an agreement tt
give Berne as part payment for the
purchase Of the brick plant $1,000
worth Of brick at the market price
which in this instance amounted to
271 900 brick.
In connection with this cause of ac-
ton the state managed through skill
ful maneuver to bring into evidence q
number of claims showing that the
state had paid for a large amount of
machinery for use in the brick plant
prior to the time it was actually pur-
chased by the state. The plant, how
ever, had been used for long period
by the state before it was acquired by
purchase.
Tell of Taking Gas
Testimony introduced with the idea
Of demonstrating the large quantities
of gasoline that was used at the state
prison in trucks owned by the state
highway commission, in cars owned and
used by Frank Conley or members of
his family, and in trucks utilized in the
hauling Of materials and supplies to
and from Conley & McTague's prop
critics in which the state had no in
terest, was put forward Friday by the
state in connection with its thirteenth
cause of action.
Ike Cohen, former convict, testified
that in the fall of 1920, trucks were
used to haul manure from the Silo
ranch to the Irvine ranch, Conley e.
McTague properties, and under cross
examination he testified that trucks
had been used to haul sheaf oats from
10 acre field on the Irvine ranch to
the Aylesworth ranch to be threshed.
Richard Manley, former chauffeur at
the prison. testified that previous to
the advent of Warden Potter he was
engaged from February II. 1921. in
driving the ear used by Mr.. MacCal-
man, who was in charge of building
construction at the state institutions
at Deer Lodge, Warm Springs and
Galen. He said he drove MacCalman
TO the Walton ranch four or five times
a day, to the state ranch from one to
three times daily, and that he made
several trips to Deer Park, Bearmouth
and Anaconda. He told of the various
cars kept in the prison garage. said
that all these cars took gas from the
prison gasoliiE tank, that he had seen
gas put in tvly one of the Cadillac
cars, and that the other Cadillac cars
were brought there only to be washed.
Guy Stanich. a former convict who
had had charge of the weighing of coal
and various other work about the pris-
on. testified that coal used by the Deer
Lodge Realty company was hauled BY
prison truck that used gas from the
prison garage. He also testified that
wheat and bran for the chickens and
ieer at Deer Park was hauled by
,rucks, he having seen six or seven |
Dads of about 20 sacks each go out in |
he few months that he was there be- |
,ween January and July, 1921. He
Knew about the prison gasoline that |
vas used. because, he said. he was in |
ne garage "a thousand times day. |
-ater he explained that by "thous-
md he meant three or four times.
Three CT Four Termer
Frank Whltlock, who is now serving
us third or fourth term in prison testi- |
lf1ed at great length as to the use of |
'asoline from the prison garage. He
and that during the time of the arrival |
# large numbers of government trucks
or the highway commission he person
lily drove about 100 trucks from the
'rlson to the storage yard at the State
anch and that he put five gallons of
asoiine IN the tank of each truck. He
aid he was put in charge of this work
y Mr.. Conley and that he had four or
I'VE men helping him. He also said a
o-gailon keg or barrel of gasoline was
ent out to the State ranch about twice
ach month. He further testified that
q was in the garage continuously for
bout one week in the fall of 1920 help
* repair two cars and that during this
EEK Mullan got gas for car once or
vice, ms car carrying 10 gallon
ank, and that the two Cadillacs used
etWeen 20 and 100 gallons per week
pn cross examinati conducted by
olonel {. Il. Nolan the witness was re
uired to go into great detail as to the
perations of the Cadillac cars during
ne week in 1920 and exhibited an
nazlng memory as he related the hours
each day of the week when these ,
irs were taken out of the garage
hen they were returned and how much c
lsollne was put into their tanks one II
: two times each day Ic
The witness was asked if he had 9
zen Mrs. Conley at the garage during q
he week and he replied that he had I
zen her there at least one time dur O
g, that week. Thereupon Colonel O
olan asked: f
Says at Hospital S
Don't you Know it to be ract that
the time you have testified to Mrs !
onley was in the hospital and that she ]
mained there for two months?'
The witness replied that he did not
low this to be fact and in reply
a question by Mr.. Rankin he said
was testifying both from recollection
i'd from his knowledge of customs fol-
wed out at the garage. n
Hugh X. Cav, deputy state auditor. b
rs called to give the compilation of II
e items of tires obtained from the l.
riOus claims introduced, and which q
testified to be $3,3S5.52 h
Continued on Page ElevenI 4