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

buildings on the ranch. nor do we want
the ranch. We want the money that
was put into the ranch by the state
Land converted by Conley to his own
personal use"
conley in his recent amended answer
claimed he had taken over the Walton
ranch in his own name in trust for
the state and that he had never in-t
tended to purchase it for his own use.
He declared he was ready and willing
to turn the property over to the state
at any time he received back the money
he had spent on it.
Conley Charged With Dual Action
T. II. Macdonald explained that the
states theory is that in taking the
lease upon the Walton ranch in 1918
it was not the idea of the state that
it would be in the nature of a one year
lease and that the expenditures upon
that ranch in 1919 were made with the
idea that the state would be reimbursed
in subsequent years.
Mr.. Choate inquired if counsel meant
that Conley took the land as trustea
for the state. and if so. if this would
not resolve itself into breach of trust
Mr.. Macdonald replied that ConleN
was ostensibly acting for the state. but
self
This brought from the court tbs
statement that the states position SEEM
ed to be inconsistent. to which Mac
Donald replied that in this case Con-
ley. as trustee for the state. used
money of the state upon the Valiton
ranch and if he did not have the right
to expend such money. then the state
has the right to recover the amount
of the states money so expended. He
said the state did not want either the
buildings or the ranch.
Hold coniey Owned Ranch
Mr. Rankin said:
We are entitled TO have the state
made whole for what it has spent
entitled to have everything back for
what we spent In other words really
to rescind the contract for the lease
We want back our money and you can
keep the produce. Our theory is that
Conley owned the ranch after 1920"
Colonel Nolan voiced his objection to
the introduction of any evidence alonG
the line of recession of contract and
it was specified that his objection
should apply all through this character
of evidence. which. however, would
be permitted.
Says State Lost; Got Nothing
STEWART, Stdle dCcOuuCAuL ana
whose first work after his appointment
was the examination of the prison
books and statements to show that in
the months of March to August. in
elusive. of 1919. the state expended on
the Walton ranch S3,623.1S in rent.
provisions and other supplies. He test
flied that the books do not show of
any produce taken from the ranch that
year.
Attorney General w. n. Rankin
elected from Stewart that there was q
loss shown in the Walton ranch produc-
ton for 1919. Under cross examina-
ton. however, Colonel c. B. Nolan,
chief counsel for Conley, caused the
witness to admit the accounts of the
prison did not show whether there was
a loss on the ranch or not. The wit
ness said the accounts of the Walton
ranch and two other ranches were on
The books as one account. 1t was then
expenses of the three properties for
1919 We're approximately $4,000 and
The receipts $4,000.
Demand Explanation Of Theories
The witness was unable 60 explain
Why or how he had determined tha
Walton ranch showed loss. He event
,ally admitted it might have shown q
rain. according to the consolidated rel
'eipts returned on the books.
Convict Took Produce to conisy Slio
Ike Cohen, convict from the stats
prison. was called to testify for the
tate as to the removal Of produceI
rom the Walton ranch. He testified
hat he was ii the prison during 1020 =
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