Great Falls tribune., 1922-04-15

ian employees of the prison.
Nothing to Prove Where Delivered
1t was on the grounds that there was
nothing to indicate that these slips
represented materials supplied the
warden's residence, only, that the de-
fense had objected to their admission
as evidence and the~replies~of the de-
fendant witness materially substantial
ed the defense's objections.
This evidence upon the part Of the
together with an early ad-
journment to permit of the departure
Of the presiding judge, Judge A. j.
Horsky, for Deer Lodge. were the fea-
lures of the days proceedings. The
court announced that, in company with
of each side in the ac-
ton, he would spend Saturday at Deer
Lodge. visiting the prison, the various
buildings involved in the suit and the
ranches in connection with which some
Of the causes Of action are based.
Intervenes to Gain Limitation
He was accompanied on the trip to
Deer Lodge by Percy f. Dodds,
speaker pro TEN of the last house of
who was engaged by
prison investigation as representing the
the state in the early stages of the
state. and r. ]. Lemert, former state
accountant and now employed by the
defense. as representing the defense.
Frank Conley. also, was a member of
the party.
At the opening of the Friday ses-
sion. !. w. Choate. for the defense.
,aking the ground that the state was
1eviating from its theory as to the
fourth cause of action, which he con-
ended was merely suit on account,
moved to amend by interlineation de-
.endant's answer to the amended com
,lant. to permit it to take advantage
If the statute of limitation. The mo-
ion read:
For separate partial defense to
plaintiffs fourth cause of action de-
endant alleges that the same is barred
~ the provisions of subdivision of
he transactions therein set forth and
lise, and coal therein alleged to have
'een received by the defendant prior to
January 10, 1919"
Attorney General Rankin said it
eemed proper that evidence should be
n does not owe the state and to let
hese questions of law be settled after
ward without constantly resorting TO
echnicalities.
amendment Granted; State Protected
Colonel Nolan protested that Ran
in s attitude was meant mainly for
he newspapers and added:
Il submit that these remarks are
eneath the dignity of the impartiality
ou have exhibited so far
The court granted the motion to
mend the answer without the state
laiving any of its rights.
From this pont on, the entire fore
Don was consumed in an effort by the
tate to introduce testimony by f. K.
tewart. state accountant, relating to
ecords tending to show the goods sup
lied to the residence of Mr.. Conley,
nd the efforts of the defense to dis
redit the records brought into court
V the witness.
Slips Held to Prove Conversion
Stewart submitted several bundles of
equisition slips drawn upon the prison
torres for such supplies alleged to have
cen furnished for Conley's residence.
[e stated these slips had been obtained
,om the vault in the prison office
Mr. Rankin sought to have them ad- |
lifted as evidence, but Colonel Nolan |
bjected until such a time as their |
,mpetency could be established. He
zen proceeded at great length to quiz
lie witness as to the method of keep
& the records at the prison and as to |
s knowledge of the old records and |
le transactions covered therein
Witness said he knew of the old sys.
IN only through his subsequent exam
ation of the books and records and
ZEN . made effective January /. 1893
1t that as to the matter Of requisi-
cns the system remained virtually the
me.
Witness said be had made his tabula-