, 1922-06-17
GOV. NORRIS Of
MONTANA IS ON
WITNESS STAND
DISCRIMINATION of Chief
Executive Features Hear
ing of Conley Trial
at Helena.


HELENA. Mont. June 17.-By The
Associated resshcross-examination
OF former Gov. Edwin l.. Norris re
garding the conduct OF the peniten-
tiary by Frank Conley. for more than
80 years warden OF that institution
and at present defendant in the states
suit for accounting on trial before
Judge A ]. Horsky. consumed today's
brief session.
THO hearing was marked by heated
arguments between Col. C. b. Nolan.
chief counse for the defense. and At
torney General Wellington D. Rankin,
The court finally warned h attor-
neys 1t would not permit them to $50
outside the issue"
The attorney general questioned
GOV. Norris particularly about the
sale OF pork to n prison by Conley
In the name of. George Johnson Jr.
The witness declared he did not know
this was done. he said he knew the
state had a contract with conley to
furnish pork.
.If he put in any pork bills In any
body else's name" said the former
executive. IT didn't know it,"
Mr.. Rankin also produced Conley's
prison report for 1912, in which under
the cost figures. an item Of S4S2.10
for ice was listed. Gov. Norris said
Re did not remember this. although
he asserted it might ave had to do
with the reimbursing OF Conley for
the ice taken by the state Mt the time
the contract system was abolished.
The defense claims Conley was
reimbursed for the Ice in question and
that he took the ice In his own Ice
house at the prison when he was &c
posed as warden in 1921. On the pre-
s~entation of tho report by the attor-
ney general. Col. Nolan hotly demand
ed that the item was merely for h
determination OF the e capita cost
Mt the penitentiary and that there was
nothing to show Conley had been pad
for ice during 1912. He demanded h
state produce the original claim for
the ice. Judge Horsky said he would
admit the report "for what 1t is
worth"
Asked by Mr.. Rankin IL he were
not p~rejudiced in favor of Conley. the
witness replied he was mot preju-
diced to such an extent I would tell
an untruth.n He was sure the former
warden would win. As for passing
Judgment on the present case. Gov.
Norris said he would not attempt 10
do this but he was willing to pass
judgment on Coniey's administration
of the state prison."
''There will be at least one result
from his case" said h former gov
error "A court will finally determine
the relative merits OF convict testi-
mony and thai of state officers"
Asked by h attorney general IL he
did not think there had been "irrgu-
larities'' in the management of the
prison, the witness declared "that in
my Judgment everything was regu-
lar"
The witness in reply to a question
by Mr.. Rankin. said he did not know
that the head of any other institution
had sold produce to the state. He
reiterated his testimony of yesterday,
declaring that every transaction with
ConIey had been for he benefit OF
the state.
1--WE might have made mistakes"
he insisted. hut they were boards
mistakes; they weren't Conley's."
As for there being a law preventing
state officers from selling anything to
the state at a profit, the witness said
that all legal matters during his ad-
ministration had bee left to h at.
torney general of the state.