Great Falls tribune. [volume] (Great Falls, Mont.) 1921-current, 1922-04-14

All three prisoners who testified are
in Helena without a guard and were
permitted to attend the trial '.on
honor Several other inmates of the
| prison are in the capital awaiting theiE
call as witnesses against the former
head of the penal institution.
The conyicts who took the stand
testified to hauling sunflowers, hay and
beets from the Walton ranch to the
Conley storehouses and properties in
Deer Lodge. The state is claiming that
all of the produce, as well as supplies,
building materials, etc, belonged to the
state and that the former warden
should be made to account for their
actual value.
The inmates of the prison who
testified were Isaac Cohen, serving a
sentence of from 5 to 10 years for
receiving money under false pre-
lenses: George Popa, serving from 15
to 30 years for murder, and John
Usher, serving from IL to 30 years
for a statutory offeEse against his
niece.
State Asked to Choose One Remedy
At the resumption of the hearing
Thursday forenoon. counsel for Conley
moved the court ito require the plain
tiff to elect and state the cause of
action Or remedial right upon which
plaintiff relies for recovery in his
I. .. 8, 4. 5. 6, Z. s, Il, IS and 10Th
causes of action and each of them. This
motion is based upon the ground that
in each of said causes Of action herein
enumerated the plaintiff is seeking to
avail itself of more than one remedy
and that said remedies are incon-
sistent"
I. w. Choate, who presented the
motion. explained that it apepars there
may be something lurking in the case,
other than that of which the defense
had been advised and that the second
cause of action, upon which the court
is now working, contains at least three
distinct causes of action.
All Plead Intent to Save Time
Attorney General Rankin said the
disposition of this question had been
laid over so as to admit of the evi-
dence of the large number of wit
nesses at hand and to not cause need
less expense in keeping them here
while questions of law were being
argued. He charged the defense with
delay and interruption by a dilatory
system of questioning.
Mr.. Choate called the attention of
the court to the fact that it was due to
an agreement with the state by which
the defense had refrained from attack
ing the complaint on grounds mis-
joinder and various Inconsistencies and
a failure to state cause of action.
He claimed this second cause of action
assumes that the Walton ranch is both
the property of Conley and of the
state.
Rankin Pleads for Returns Only
Judge Horsky remarked that the
court is now paying the penalty of not
having these questions settled before
that the state explain the theory under /
which it Is to proceed upon each |
cause of action.
Mr. Rankin informed the court that |
The theory under which the state is
in the second cause of |
action is that the state is entitled to !
The recovery Of the value of labor !,
and supplies which went into |
hat ranch and the ranch buildings.
"All the points raised by the defense |
ire just one continuous effort to block i
he progress of this rtinl,'' Attorney !
General Rankin told the court. ''Mr |
lhoate's objections should have been
made prior to the summoning of wit
Iesses Here we have great number
# people ready to testify The state
would be placed under a tremendous
Expense If we were to stop now and
rgue out every minutest point. We
ave been continually delayed
State Wants Ranch Returns
II want this court to understand we
re trying to recover only what he I
ongs to the state. We are entitled Il
0 recover for .all the money spAnt on
be Walton fanch. We don't want the