Great Falls tribune. [volume] (Great Falls, Mont.) 1921-current, 1922-05-16
NOLAN GR|LLS
MACDONALD ON
WITNESS STAND
Prison Investigator De-
nies He Tried to Bribe
Pen Convicts.
Horsky Takes Hand in
Examination to Learn
IF Query was Biased.
(Tribune's Helena Bureau)

(Tribune's Helena Bureau)
Helena, May 15.-Grilled by counsel
| for the defense while on the witness
stand nearly all of Monday as to the
imputed allegation that he had in
nuenced convicts in the state prison
to give affidavits and testimony un-
friendly to former Warden Frank Con-
ley and that he had promised paroles
or pardons to those who acceded to
his desires, T. H. Macdonald, prison
investigator and Of counsel for the
state in the case against Conley. ad-
mitted that he had told several of the
prisoners in whose conviction he had
been instrumental while county at
torney that they could use his name
lin their applications for clemency and
granted. He stated, however, that such
a promise was made in the case of
but one convict who had furnished an
affidavit, and in this only after the
affidavit was given.
Questions strongly imputing bias
upon the part OF Mr.. Macdonald
in the course Of the prison investiga-
ton and failure upon his part to obtain
full facts concerning its various fea-
lures by not calling upon former state
officials and employees who might have
explained many matters to his satisfac-
ton were propounded by Colonel Nolan
during the day and were parried with
all the skill the witness was able to
command.
Court Follows Same Line
Not fully satisfied with the results
of the defense counsels examination
along those lines. a series of questions
of similar character were propounded
by the court, who, by the character
of his queries, seemed to desire more
reinsurance of disinterestedness than
had been brought out by Colonel No
Ian.
The examination of the witness.
during the day, brought out possi-
bilitv that the alleged heavy shortage
the fact that Warden Conley had been
compelled to dispose of the flour by
reason of it's having become wormy
and that no credit for such disposal was
given on the prison books.
At the resumption of the cross
examination of Macdonald. Monday
forenoon, the witness informed Colonel
Nolan he had been unable to find any
notes or to recall to whom he had
talked concerning spoiled meats. He
started TO explain. whereupon Nolan
objected and the court suggested:
Let US start the week off right by |
the witness paying attention to the !
question and answering it, letting any |
explanation follow"
He was asked if he had not found |
in the prison files letters relating TO |
the purchase from John Berne of the |
,.,l-r coch
of 81 900. together with $1,000 worth |
of brick and 10000 brick in addition. |
said be had not found such |
a letter and as to the 100000 brick |
previously referred to, he had found |
nothing to indicate it was not bogus /
deal
in other words. something rotten
in Denmark" said Colonel Nolan.
Your sense of smell was particularly
ittuned to a search of something rot
.en."
At the request of the defense. the
,ourt directed Macdonald to author
re someone to search the files for
This letter.
Investigation of Brick Plant
Regarding the reference in MacDon-
lids report to the brick transaction.
Colonel Nolan asked:
"Well. did you seek in your report
to tell the public or the governor that
this brick had been surreptitiously dis
posed Of for the purpose of conceal
nent?"
The witness made a lengthy reply to
which counsel objected and the court
informed Macdonald that nearly every
Of his was q lengthy argument.
Asked If he would produce the ship
ping stubs for the brick shipments,
witness said he could not answer with !
,ut an explanation. whereupon Mr.
Rankin said the state would produce
he stubs if they could be found.
The defense counsel then took up i
he sixth cause Of action regarding
prison labor in the rebuilding of the
water system and pipe line of the South
Deer Lodge Water company, in which
{ is alleged the material cost $40, 900
md the value Of the convict labor en-
,loyed was $4,000. and asked Mac
Donald where he got that informa-
ion. /,
He answered that he obtained the
igures from J. II. Bonner, engineer for
he public service commission, and from
he statement of the water company
lied with the public service commits
ion. He said Bonner estimated the
,ost Of the pipe at 81 foot. total
# $40, ,O00 and deducting this from the
80, 900 total value Of the plant, left
80. 900 for the item Of labor. Witness
lid not konw how many convicts had
,een employed on the work, did not
now how long the work was in prog
ess, although he estimated it ut three
months, did not have any wage basis
lpon which to figure the labor, and /,
i'd not know Of the item if water was
Included in the $4,000 set out as the
alue or cost of the plant.
Questioned as to whether he went
o Mullan's residence to search for
oods claimed to have been taken by
dullan, witness replied he had not
lCentinued sn rage EisvsAl Il