Great Falls tribune. [volume] (Great Falls, Mont.) 1921-current, 1922-06-13
BROKE
ICE PROMISE,
CON[EY AYERS
Locked Supply Gates
When Potter Regime
T Took None to House.
Says. Contract. Called
for Delivery to Home
After Leaving Prison.
(Tribune's Helena Bureau)

Helena, June 12-Frank !ConIey,
defendant in the states suit for an ac-
counting of his transactions as war
den of the state prison and for judg-
ments thereon running into figure in
excess of 100000, testified Monday
upon four separate causes of action
and explained his version of the mat
ters wherein the state alleges he has
converted state owned property to his
own use.
Two of the causes relating to the
alleged conversion of brick, one cover
ing two deals aggregating nearly g.
100000 brick valued at approximately
$5S,0OO, and the other having to do
with the 27O.OOO brick turned over to
John Berne in connection with the
purchase by the state of Brene's brick
plant. were disposed of during the day
as far as the evidence of Conley is
concerned.
The witness also covered in his testi-
mony the action for the recovery of
money paid out for ice at the prison
after the present warden NJ W. Potter
had quit delivering ice to Conley's
residence and COniey had thereupon
shut Potter off from the prison sup
ply of ice stored in the Conley & Nc
Tague ice house.
lake UP Gafago Sh0p
During the latter part of the after
noon Conley covered still another
cause of action, one in which he is
charged with denuding the prison gar
age machine shop of its equipment
and as to which he testified that moth
ing belonging to the state was remov-
ed but that all the machinery taken
out was the property of convict.
EraI yTilcAn l..
assembled the machinery from old
materials found by him on the scrap
heap
After the completion of Conleys
testimoney as to three more causes of
action he will be relieved after hav-
ing been on the stand continuously
for nearly two weeks, and other wit
nesses for the defense will be called.
When Conley resumed the stand
Monday morning he was shown by At
torney General Wellington D. Rankin
a letter copy book. containing the
copy Of a letter written December, Is,
1913 to w. c. Rae, state treasurer,
in reference to a check from Conley
Il McTague to pay for $500 brick
at 50 per thousand, and was asked
why. If the state owed Conley & Me-
Iague brick, the firm was buying brick
from the state.
Conley replied that this was a
separate matter and he believed this
brick was purchased from the state
Realty building in Deer Lodge. in
which he and McTague together owned
a half interest.
The attorney general then read
from the strenograhpic notes of a
conference between Conley and Secre-
tary of State c. T. Stewart, held at
Deer Lodge after Conley had relin-
pushed charge of the state prison,
a statement TO the effect that Conley
had furnished brick for the Deer
Lodge municipal pavilion free of
charge. Conley said that this was a
mistake as the brick had been paid
for but that it should have shown that
the convict labor on the pavilion was
furnished gratis.
Says Money for Sales
Under redirect examination by At
torney j. F. O'Connor the witness said
ne had no knowledge of any brick hay-
ng been disposed of by the state or
through John Berne that was not paid
tor. with the exception of sale Of
about 500 worth of brick to one man
which might since have been paid. He
also said that he had no Knowledge
II any brick being taken or sold By
Conley & McTague other than that
shown by the ledger or book account,
DR. what had been testified to by him
self. This concluded Conley's exam
nation as to the eighth cause of ac-
ton
The defense took up the ninth cause
II sction. under which it is charged
hat the defendant converted to his
,wn use 270,OO0 brick and for which
Judgment is asked for $3.50 with in
.erest from April 1. 1920. This brick
S that connected with the transfer
rom John Berne to the state of the
present prison brick plant.
Conley testified that when he bought
he Berne plant for the state Berne
wanted $1,000 for the outfit but that
lie succeeded in getting the plant in
| compromise by which the state paid
q, 900 in cash. together with $4,000
worth of brick at the market price,
md 10000 brick which the state owed
3erne as having been on hand at the
liant when the state took it over under
lease.
Ie testified that this was a very low
rice and that he had always felt that
e had taken advantage Of Berne and
hat the latter had been given bad,
cal. The deal, he said. included all
he machinery Berne had at the plant.,
Ogether with seven acres of land and
brick houes
(Continued en- PaOs Esss(n II