Great Falls tribune. [volume] (Great Falls, Mont.) 1921-current, 1922-05-07
HOLD
STATE CHARGES
OLD, KILL TIME
Judge Horsky Takes
Under Consideration
Attitude of Defense.
Dodds Says Employ of
Conley Took State
Auto in Moving Haste.
(Tribune's Helena Bureau)

Helena, May Reconsideration o.
the application of the statute of limit
ations to many of the 10 causes of ac'
ton in the case of the state against
Frank Conley, former warden of the
state prison, now on trial before Judge
A. j. Horsky in the district court OF
Lewis and Clark county, was taken
up by the court Saturday afternoon
upon suggestion of counsel for Mr.
Conley.
The statute of limitations had been
pleaded by the defense as one of its
lines of defense in the answer to the
amended complaint, but the question
had never been argued or brought up
to the court for determination and, re-
gardless of this line of defense, the
introduction of evidence has been 60
ing on since April II.
The subject was brought up at the
opening of court Saturday morning by
/. w. Choate of counsel for the de-
fense, who stated that the matter of
the application of the statute Of limita-
tions to the various causes was in eff
feet a demurrer to the sufficiency of
the complaint and that it was absolute
ly impossible by any class of evidence
to cure any failure of the complaint to
meet with the requirements of these
statutes.
Majority of Claims Held Barred
He said that in the nearly four
weeks of the trial about $500 exhibits
had been admitted, and of these about
2.S0O related to the sale of goods,
wares and merchandise. the greater
part of which was barred by the stat
ute of limitations. He insisted that
no good purpose could be served by
continuing the taking of evidence and
that the determination of this ques-
ton would save the court at least 10
days in the period of the trial. He
asked that the court permit of argu-
ments of this question next Monday.
He said the matter would have to he
decided some time and that it might
as well be determined now as at least
half of the causes of action remaining
to be presented to the court would be
effected by the determination of this
question.
Begins When Office Ends, Says Rankin
Attorney General Rankin opposed
the suggestion. He said he had had
two men from his office engaged in
brieflng this question, that they had
been employed on the task about a
month and had not completed it. He
said there are authorities who say
that the statute of limitations cannot
become effective in the case of a public
until the expiration of two
years after he has left office. He
said the question is an involved one
ana Will require three or four days In
It's argument and he believed the court
n hn ok -
reviewing the briefs, and it all would
consume a weeks time. He added that
the state already has put in most of
ts testimony in connection with causes
which would be effected thereby.
Court to Consider Matter
Judge Horsky informed counsel that
there were several considerations en-
terlng into the case upon which he did
not care to commit himself at this
time and that if ne should be compelled
20 take week off to consider the
question he did not see where any
lime would be saved. However. he
sald he would take the matter under
until Monday to decide
I he would hear the arguments now
,r later on.
Resumption of evidence then fol-
owed with Percy f. Dodds upon the
witness stand. The witness produced
ist OF goods which were found in the |
'lullan warehouse, the list being q copy |
lie had made from the inventory list |
made by him when he visited the ware !
louse in company with Mullan and /
lacDonald last July. The list showed |
he following goods:
twenty sacks of Occidental flour, |
i've cases tomatoes. five cases laundry
oap, lO cases corn. two boxes dried |
pples, two boxes dried peaches, two
ases toilet paper, two boxes Armour
aeon, nine boxes Cudihy bacon, one
IN Cudlhy bacon, four grub hoes, 700
ounds sugar., one case coffee. six
lcks, "a fork handles, five forks, 81
utomobile castings of which nine were
eW; four retreaded castings.
Took Anything in Moving Haste
Witness also produced notes upon
ne contents of Mullan's garage. relat-
lg to the numbers on the automobile
ngines, and said he had made a second
up to the garage the same day,
ugust i. 1921, to get car for use
the state. He said that Mullan told
i'm that at the time of the moving
the stuff from the prison garage no
ne was present who knew what was
lie property of the state and what be-
nged to Conley and that they simply !
,ok all. He said Mullan stated he had
zen instructed to look after Conley's
terests.
On cross-examination by Colonel
Olan. the witness said he did not know
lything as to the ownership of the
lpplies listed in Mullan's warehouse,
d not know if it belonged to Conley ,
; the state, did not know when or