Great Falls tribune. [volume] (Great Falls, Mont.) 1921-current, 1922-05-05

Ipose of the statement on the black
board was to show that the state had
paid to William johnson $2,304.62 for
hay to feed Conley's cows.
Tells Of Moving Shop
Warner Fried, who was a guard
under Warden Conley for three years,
land who has been captain Of the guards
under Warden Potter, testified as to
the removal in the first part of May.
1918, from an old shop inside the pris-
on walls to a garage shop outside the
lathes, a press drill, emery wheel, mo-
tor, shafting and betting and a guam
tity of small tools. He said Fred VIII
son and several other ~convicts did the
moving. He did not know from where
this machinery had previously come.
Tool Appraisal Taken Up
Roger l.. Strobel, assistant state
purchasing agent, was called to testify
as to tools and machinery which he had
inspected and appraised in q warehouse
at Deer Lodge, which he had visited
in company with Conley.
He qualified as to his knowledge
of machinery by stating that he was a
metallurgical engineer, had spent II
years in the employ of the American
Smelling and Refining company, his
last employment being as superintend-
ent of the East Helena smelter, and
that he had had considerable expert
ence in the purchase and sale Of old
machinery. His appraisal. which he
said was made April 20, 1922, covered
a number of pieces Of machinery SINH
lar in description to those previously
foof1fSnd IN me- h- l4- o~-I
from the prison garage. He stated
that the inventory was taken by him
in the company of Mullan and a mar
from the Milwaukee railway shops,
who identified one or two tools which
had ONE from the Milwaukee shops
and which he accordingly did not in
clude in his list. He said he based his
appraisal upon market prices for sec
ond-hand machinery, taking into con-
sideration their condition. He was IN
able to give the total appraisal, but
agreed to figure this up and furnish
the amount later.
Banquet Bill Enters
". A. Logan, deputy state auditor,
was placed on the stand to read into
the record a number of claims covering
machinery, tools, farming implements,
a horse, an electric incubator, automo-
bile tires and other articles. including
one Ford runabout for 1923.
In connection with these bills, the
state attempted to introduce the claim
of Conley against the state for cash
advanced to pay the bill rendered by
the Hotel Deer Lodge in February,
1915, amounting to S139.45 for ban
guet and cigars" in entertaining the
legislature.
Colonel Nolan demanded: What is
this:'
Mr.. Rankin replied it was under the
fourth cause of action.
THAT is for goods, wares and mer-
chandise," said Mr.. Choate.
well. if this is a bill for a banquet
to the legislature, it is surely goods.
wares and merchandise" insisted Ran
kin.
!. F. O'Connor informed the court
that the history of the matter was
that the legislature went over t. Warm
Springs on a special train and ordered
Conley to furnish it with a dinner. He
said the purpose of presenting this ex-
hibit was to get it into records other
than the court record. He said this
bill was submitted to the state board
of examiners and was approved by the
board, making it final.
CVufk Odio NcW GtHtS VI IHdTycS
The defense then set up the claim
that this charge was not covered in the
complaint but Mr.. Rankin held it be-
longed to the same class of supplies
for which the state is suing under its
fourth cause of action.
Mr.. O'Connor insisted it was ex-
matter which had not been
until a few days ago and
that the defense could not be expected
to meet new matters coming up from
day to day and not covered by the
p~leadings.
MIR. Rankin, when did you discover
2" he asked.
Il learned of the banquet at the
states expense several weeks ago.
replied the attorney general.
At this juncture the court informed
Mr.. Rankin he would not admit this
line of evidence until it could be con-
nected up with the pleadings and a few
later earnestly notified coun-
sci for the state that counsel should
take up no further causes of action
until they had disposed of the several
causes now under consideration,
threatening that he would adjourn
court if the state persists in bringing
in evidence relating to any additional
causes.
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