Great Falls tribune. [volume] (Great Falls, Mont.) 1921-current, 1922-06-13
STATE BROKE
CONTINUED From Page u

He said Berne was dissatisfied with
the deal and claimed the plant and
land was worth $4,000.
Questioned as to the value of the
plant, Conley said it was about $75,-
700, including kilns and machinery pro-
vided by the state, all of which has
cost the state about $4,000.
Berne Would Buy Back
The attorney general questioned the
witness as to the propriety of the state
Ipaying Berne so much for the brick
plant, which led the witness to re-
mark that he had been authorized by
Berne to offer the state $4,000 for
the ~brickyard land and buildings and
the state could take out all the ma
chinery. He insisted that the brick
yard is On the only proper location that
could be found for it near the prison.
At this point the court suggested to
Mr.. Rankin that he understood this
cause was an action to recover 27O.-
900 brick and did not cover any claim
of fraud in connection with the deal.
This Mr.. Rankin said was correct.
Direct examination of Mr.. Conley
under the plaintiffs tenth cause of &C.
ton was begun. this being the cause
under which 1t is charged that Conley
converted to his WI use during June,
1921. ice belonging to the state of the
value of $3S4.S4.
Conley testified that prior to 1900
IConley & McTague constructed an ice
pond and two icehouses on a 40-acre
tract of land neal the prison. where
ice was produced and stored for prison
use: that when the big ranch was sold
by this firm it retained the 40 acres
and when the prison was taken ver
by the state in 1908 the ice was turned
over to the state with the understand
ing that as much should be turned back
whenever Conley should leave the pris-
on. He said. On July 1. 1908. there
were about 500 tens of ice in the ice
house, worth about s. a ton. He said
the value Of the pond and icehouses
was about $500 per year. at which fig
ure he has since rented the place to
Henry Evans. He said the state had
paid nothing for ice from 1908 until
in 1921. other than furnishing the con-
Wet labor necessary to putting up the
ice.
Locked Gate to Ice
He said that after leaving the prison
he allowed ice to be taken for the
prison up to about July 1, 1921, with
the understanding that he was to be
furnished ice for his residence. but
when the prison stopped furnishing
him with ice he had the gates to the
place locked.
Under cross-examination Conlev said
he did not consider the state owned
the ice. that labor was not the biggest
as only six or seven men were
three or four days at the task.
that sawdust and equipment was a
item.
Asked if he would have been privi-
to use convict labor if the prison
piled that the state had agreed to re-
turn the equivalent Of the ice in stor-
age when he turned it over to the state. /!
Wasn't the reason for your refusal !
to furnish ice to the prison because
the situation was cloudy between you
and Potter?" asked Mr.. Rankin.
mo. il had been cloudy for 20 years."
Conlev. IT tried to treat him
when he came there. but he got
70 shooting off his mouth around Deer
Lodge. T tried to get ice and told
thev could have the ice az long
rs they delivered ice to my residence.
[ never talked with Potter. 7 did
not stop them from taking ice until
we na0 Deen WltnOut Ice at my nome |
or two days during hot weather. Then
[ ordered the gates locked"
"Mr. Rankin" asked the court, edo
T understand it TO be the states con-
that If my arrangement was
made by Mr.. Conley and the board Of /
prison commissioners upon which the
are silent. then the defendant
s to be held responsible?
Rankin Wants Evidence
Mr.. Rankin replied that If the de-
had made contracts or agree
nents with the state it was up to him
'or his own protection to see that the
authority for these transactions was
properly recorded.
The eleventh cause of action was then
up by the defense, this being the
VISIBLE GRAIN