Great Falls tribune. [volume] (Great Falls, Mont.) 1921-current, 1922-05-25
NOLAN CLAIMS
BRICK PUT IN
PEN BUILDINGS
Tabulate 10 Million
Said to Have Gone
Into State Work.
(Tribune's Helena Bureau.)

Helena. May 24.-Although the
state. through witnesses who had con-
Quoted audits of the books of record
at the state prison. had shown that
the records of actual sales accounted
for only 4.646.S66 brick. manufactured
at the prison brick yard, during the
time it was operated under the direc-
ton of former Warden Frank Conley.
the defense in the suit for accounting
before Judge A. ]. Horsky Wednesday
insisted upon one of the states wit
neses taking into consideration and
adding to the states figure quantities
of brick utilized in the erection of
state owned buildings. which brought
the total up to 1O,311 ,S66.
This was not accomplished until
counsel for the state and the defense
had engaged in short but heated
argument which was only ended when
the court called for order.
With the evidence of Miss Gertrude
Rathbun. assistant to the state ac-
countant, who resumed the stand We'd
nesday morning on cross examination,
the state closed its eighth cause Of
action in which the state seeks to
obtain judgment from Conley for bricks
alleged to have been sold to Conley and
McTague at 81 per thousand, whereas
the state claims the brick to be worth
$13 per thousand
Miss Rathbun was asked by Col G.
b. Nolan of the defense If In her in
veStigatiOn of the records it hed been
disclosed that Conley sold brick and
put the proceeds into his pocket. Wit
ness replied that she had found no
such evidence.
The defense required the witness to
list and tabulate, in addition to the
4.646. S66 brick disclosed by entries In
the cash book. journal and ledger.
large quantities of brick which the de-
tense will claim was used in ocnstrue.
tion of state buildings. as follows:
Brick. in brick yard structure and on
hand when the state took possession.
1000. 600: in cell house No. i, 500. 600:
IN cell house No. 2. 100000: prison
and dining room 1000 600:
power house and stack 1000. 900; prison
theater 10000; garage and storeroom
l-u.!UO; barn and creamery 100000: to
Conley 4 McTague 365.OOO: to state
ranch 100000 and to John Berne
10000.
Totals I0,3ii.866
The witness then said that this
totaled 1851 .S66 brick
STRENUOUS oOJectlon TO this line of
testimony was raised by Mr.. Rankin,
who insisted counsel for the defense
was testifying directly into the record.
4 hot exchange between Attorney
General Wellington u. Rankin and Col.
Nolan followed in the course of which
Mr.. Rankin exclaimed:
.! am tired of counsel continually
testifying."
This brought the retort from Col.
Nolan:
And I am tired of your newspaper
headlines
Judge Horsky directed Mr.. Rankin
o resume his seat and informed him
hat the court was able to determine
I this class of evidence has any value
n determining the case. He said he
to get all the information he
'ould on the various subjects and he
dhvsed counsel that he was not being
influenced by any OF the newspaper
tories of the trial.
Says Not In Record
Mr.. Rankin then asked the witness
she had found in the books any Of
he figures that had been read to her
y Col. Nolan and she replied she did
ot believe they were in the records.
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