Great Falls tribune. [volume] (Great Falls, Mont.) 1921-current, 1922-06-01
WARDEN CONLEY
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"As to the fourth cause of action
brought to recover for goods. wares
and merchandise used at the warden's
residence, nonsuit is asked on the
grounds of a fatal variance between
the allegations of the complaint and
the evidence in that complaint states
a cause for goods sold, while proof
property. and further that it is impos-
sible to show from the evidence what
goods were used by the defendant or
what were furnished for the use OF
convicts kept at the residence.
Says Rights Not Shown
"As to the fifth cause of action re-
lating to the alleged removal of goods,
wares and merchandise from the prison
store and warehouse a nonsuit is sought
upon grounds similar to those in the
previous cause and for the further
reason that it cannot be determined
from the evidence if the property so
removed belonged to the plaintiff or
to the defendant.
"Nonsuit is asked as to the sixth
cause of action. in which the state
seeks to recover for convict labor in
the construction of the waterworks
plant. on the grounds that the letting
by contract of prison labor is prOhib-
tied by statute and no recovery could
be had for the unauthorized use of
such labor. that there is a total show
ing of prison labor being used in such
work during the times covered by the
complaint except that which has al
ready been paid for by defendant. and
as to the recovery of money paid for
water nonsuit is asked upon the grounds
set forth in the motion bearing on the
first cause of action.
"As to the eighth cause Of action.
nonsuit is asked on the grounds that
there is a total absence of proof that
the state ever manufactured the
amount of brick for which it seeks to
recover. and that no proof was adduced
to prove that 1920 brick were sold
to Conley & McTague.
"Nonsuit as to the ninth cause of
action is asked because of failure to
prove that the defendant ever convert
ed n brick to his own use, while as
to the tenth cause of action. charging
conversion of ice, the grounds are that
there is no proof that the plaintiff
was either the owner of the ice or
entitled to its possession. but that on
the contrary. the ice was the property
of defendant and had been produced
by him upon his own ice pond. handled
by his own horses and stored n his own
icehouse.
AlIese No Ownership Proof
"Nonsuit of the twelfth cause of &C.
ton. that relating to the purchase by
the state of hay. grain and fodder and
fed to Conley's horses and cattle. is
asked on the grounds that there has
been no proof of ownership of the
property alleged to have been convert
ed or any showing that such property
was converted by defendant.
The thirteenth cause of action. in
which $4,000 is sought for alleged con
version Of automobile supplies. gaso-
line. oils and other materials. nonsuit
is asked on the grounds that no show
ing has been made to prove that de-
PENDANT appropriated any of the prop
erty to his wv use, nor TO show
whether such property. if taken by de-
PENDANT. was used for his benefit or
for the benefit of the state.
THE fifth cause of action, that re-
lating to the sale by Conley to the state
of $1,000 worth of beef. nonsuit was
asked upon grounds similar to those
referring to the first cause of action"
Decide at End of Case ,
After hearing these motions Judge
A. J. Horsky announced that he would
take them under advisement to be de-
termined when the case is finally dis
posed of.
Frank Conley. the defendant, was
then called to the stand as the first
witness for the defense. and was ex-
amined by Judge J. F. O'Connor.
Mr.. Conley said he was IS years Of
age, had come to Montana in 1880, |
and had located in Deer Lodge. March
/. 1885. at which time he was en-
pioycd as a guard at the penitentiary
which was under control of the federal
government. He said he had been
mayor of Deer Lodge for 26 years.
which office he still holds. had served
as president of the state highway COM
and during the labor troubles
in Butte he had served as provost
marshal for Sc days. during which time
he had paid his own salary. He said
he remained at the prison as a guard
until March I. 1890, when the state
took over the prison from the federal
government but, due to lack of funds, !
the state could not operate the insti-
tuition and it was placed in the hands
of Conley & McTague to be operated
uuuCE q Cohtl
Cared for $50 Prisoners
Mr.. Conley testified that at this
time the institution consisted of a few
stone buildings, some long structures
and all was surrounded by a board
fence. 1t her had Accommodations for
100 prisoners.
He testified that the prison was
operated under contract until July /,
1908. and that during all this time
products for the feeding of the pri-
soners were raised on the Conley &
McTague properties, which then con-
sisted of $4,000 acres of deed land
and 5000 acres of leased land. In
addition to raising food Conley e. Ne
brought wood from the noun
tains to heat the prison, stoves being
until after their contract ex-
pired.
The witness testified that in 1908
he contract system was done away
with and he was appointed warden
a salary of $4,000 per year, to-
with free water, light, fuel,
abor and supplies for his own resi-
ience. He said this arrangement had
been made with him by the board of
Prison commissioners. consisting of
f. l.. Norris, Attorney Gen