Great Falls tribune. [volume] (Great Falls, Mont.) 1921-current, 1922-05-11
LIE is PASSED
0NSTATE'SS|DE
IN CONLEY SUIT
Witness Rebels When
Quizzed at Rankin s
Office by Prober.
Says He Was Asked to
Testify Warden Took
Prison Brick to Use.
(Tribune's Helena Bureau.)

garding verbal battle between L. II
MacDonald-of counsel for the state
in the case of the state against FRANK
Conley-and James MacCalman, super
intendent of construction at the state
prison, during which the lie was pass
ed, were brought out in the cross ex-
animation of MacCalman, Wednesday
afternoon, after MacCalman had testi
fled as witness for the state upon
the question of brick used in the erec-
ton of the buildings upon the Walton
and Silo ranches.
Accordingly to Mace altman, the ex-
change of compliments took place in
the attorney generals downtown of
flee, while he was being questioned
by Macdonald and when, SO the wit
ness said, Macdonald sought to induce
MacCalman to testify that the brick
used in these buildings was the prop
erty of the state, statement which
he declined to make, for the reason
that he was not positive such was the
fact.
In his direct examination, MacCal-
man had testified he had erected the
buildings in question by the use of con-
yict labor and upon cross examination
it was brought out that he understood
the state owed Conley in excess of
100000 brick, and also that the two
Conley warehouses were built for the
use Of the state and that they had
always been devoted to prison pur-
poses.
Used Convicts on Ranch Building
MacCalman, who said he had spent
Is years at Deer Lodge and that he
had served as superintendent of con-
struction under Conley's direction.
testified that with the assistance of
convict labor he had constructed a
power house, ice house. bunk house
and bungalow at the lake ranch, but
that after he had left the ranch, civil
ian labor was employed at finishing
the bungalow.
Attorney Choate objected to this line
of testimony. on the grounds that the
state constitution prohibits the work
ing of convicts under contract and that
this precludes recovery by the state
for any such labor.
The witness testified that he had
erected the two Conley warehouses
across the river from the prison, as
well as a number of buildings on the
silO ranch and those on the Walton
ranch. with prison labor and had used
brick from the prison brickyard, or,
at least. he had presumed that the |
brick came from that plant.
Used 366,839 Bricks
He testified to having made an ex-
animation of the buildings on the silO |
and Walton ranches last fall for the |
purpose of ascertaining how MANY |
brick had been used in their construc
ion. and read off list of the build |
ngs. the total of the brick on the two
ranches being 366, ,S39.
Under cross examination conducted
~ Colonel Nolan, the witness said he
lad not made a survey of the buildings
IN the lake ranch. in which prison
rick had been used with the exception
# clinker brick secured from John
3yrne and used in the exterior walls
# the bungalow, and estimated that
,etween 10000 and 10000 brick were
sed altogether.
tate Owed ConIey for Brick, He Says
He said John Byrne had TIE brick
ard before it had been taken over by
he state and that while he did not
now it to be fact, he had under
TODD the state owed Conley more
han 100000 brick. He said all the
rick used in the erection Of q cell :
ouse, No. ., came from the Conley
McTague brick plant. :
Questioned as to the two Conley f.
'arehouses. the witness said these had
cen erected for state purposes and
nd never been used for anything else.
[e said one warehouse was put up to =
Ike care of vegetables for the prison a
nd the other had been put up for the !,
Sc Of a man who was to make arti- u
cial stone. to be used in the erection a
; several buildings in Deer Lodge, K
Ie agreement being that for this he l.
ould show how to make this stone for II
ate buildings and that the state al
rwards made the artificial stone for G
,e in the theater and office erected q
side the prison walls and that it was L
30 used at the insane asylum and
e tuberculosis sanitarium. d
Tells OF Clash With Prober u
1t was then that Colonel Nolan ques- +,
med the witness as to his quarrel II
th T. II. Macdonald. the original " "
ison investigator and one of the at Z,
rneys for the state in the Conley
Sc. h,
"Whom did you talk to about this =;
SEP he was asked. +,
"With the attorney general and Mr.. ~
lcDonald." he replied. Z,
when did you talk to Macdonald ?"
"A few minutes before l came up
re-
He wanted you to swear to some
ng that was not a fact?"
Yes, sir. He did" r.
The witbess. addressing himself to tr
court, explained that he had told tv
<CnmNnuAd an Da~. r->N i.t