Great Falls tribune. [volume] (Great Falls, Mont.) 1921-current, 1922-05-03
STATE ATTACKS /
ALL SUPPLIES
AS CONLEY PAY
Attorney General Says
Former Warden Was
Not Entitled to ANY.
Seeks to Have Record
Made of Receipts; En-.
tire Audience Maps.
(Tribuns Helena Ruraau.l


Helena. May 2.-.After having prevf.
ously introduced 668 prison store slips
covering goods procured from the store
for the warden's residence and for sew
eral ranches operated in connection
with the prison under Frank Conley, in
the case of the state against Conley
for the value of goods alleged TO have
been wrongfully secured by Conley to
the value of $33O,OOO. Attorney Gem
eral w. d. Rankin Tuesday afternoon
sought to have admitted store slips
for periods other than that covered
by Charles Meyer, who was clerk In
the prison store fer about % months
under Warden Conley.
Holds Supply Stipend Illegal
Mr.. Rankin first withdrew as exc
hibits 80 slips which had related tn
goods furnished for the Aylesworth
ranch and then sought to have adj
mitted mass of store slips without
Identification, upon the ground that
such slips were part of the prison
records while it was in charge of Con.
ley and that they were really his books
or accounts. He cited certain authori-
ties in support of his contention and
further argued that the state law fixes
the salary of the warden and makes no
provision for the furnishing Of his
house supplies. BE held that. as q
matter of fact, a Inv of the last SIS.
sembly passed in 1921 gives the state
board of examiners authority to fix
the salary of any state civil officer OF
employe.
Judge Hints at Risk in Mass Paper
Judge A. ]. Horsky asked Mr.. Ram
kin what would prevent the throwing
in Of q mass of bogus papers when
thus thrown into the case without
proper Identification. and informed
counsel that Mr.. Conley, in his testi-
many. had said he was compelled to
rely upon convicts to handle his &C.
counts. as the state board would not
permit him to employ a bookkeeper,
that he was thus compelled to be con-
stantly changing men and was not
able to really select his employees.
Mr.. Rankin replied that Mr.. Conley
did select his men and that he was
charged with the responsibility Of
keeping his accounts accurately. He
added that the state could rest upon
the admission by the defense in its
answer as to the receipt Of these
goods, but that the state, not relying
upOu eulS duAu1SSlOu, IeGtS IudS
it will be only fair to give to the de-
tense the benefit of any possible errors
in the accounts and to show delivery
Of the goods by means of the slips
which are the only records of the tran.
sactions.
Nolan Attacks New Move
Colonel Nolan. replying to Mr.. Ran
kin, said Rankin's remarks were
ovo1r foil that fhora L.
here legal question and all this talk
Of fairness upon the part Of the state
had nothing to do with the legal propo-
sition. He said he was tired of this
talk of fairness from a man who is
trying to fix responsibility of $780,
700 upon the defendant. He said he
would be able to cite good authorities
n opposition to the move of the state,
,ut that Mr.. Rankin had given no in
.imation he intended bringing up such
, question and he had had no chance to
ook up these authorities.
Court viii Hold Mind Open
The court informed Colonel Nolan
hat he would give the defense ample
ine to produce authorities and to
lrgue the matter. whereupon the ques-
ion was dropped for the time.
Previous to this argument. which
vas precipitated at the opening of the
afternoon session. the day had been
'pent by the defense in cross examin-
ng the witness Charles Meyer. regard
ng the store slips. The rest of the
afternoon was devoted by the state to
he Introduction of testimony In sup
bort Of the eleventh cause Of action,
hat relating to the alleged removal
~ Conley from the prison garage Of
machinery, two Ford cars, tries and
,ther supplies and equipment con-
lected with the garage and in connec-
ion with which cause the state Is ask
nE damages of $4,000.
At one time, outside of attorneys,
'ourt attaches and newspaper men.
here was an audience of only two per-
ons-and these were sleeping at in
ervals.
1t was said there are approximate
y 1900 supply receipts yet to be read
nto the records About 1000 of these
we're identified Monday and Saturday
" Charles Meyer, ex-convict and
rison storekeeper. under examination
4 Attorney General w. ID. Rankin.
frnuAauunA nm Pare TwnN