The Bozeman courier. (Bozeman, Mont.) 1919-1954, 1922-04-19

Over the bitter objections OF Cne
attorneys for Frank Conley, Attor-
nev General Wellington D. Rankin
Tuesday afternoon secured the admls-
sion in evidence of two reports from
the state prison filed by the former
warden. who is asked in suit now
being heard by Judge Horsky to ac-
count for more than $330,000 alleged
t. be due the state.
These two reports, the only ones OF
the kind. it is said, filed by the for
mer warden since 1909, were brought
out through the testimony of Assist
ant Secretary of State Walker. 1t
Is declared to be the law that re-
ports shall be filed every six months /
and failure so TO do is a criminal OF
fenSe.
When the reports were presented |
bv the assistant secretary of state, !
the attorneys for the defense immedi- !
ately objected vigorously. The at
torrey general as vigorously insisted
that the reports be admitted, and at
the end of warm controversy Judge |
F1OfSkH uctU Will MI. IN<1iAhAtl eaAh0
ordered them admitted as evidence
That hundreds of tons of hay raised
and hauled from state leased lands
adjoining the state prison In Deer
Lodge were fed to 62 head of horse
and mules belonging to COnley &
McTague and to II head of horses
belonging to the state highway COM
mission in the years 1919 and 1920,
ard that during that time the only
animals owned by the state at the
prison were dogs, was brought out
during the progress of the morning
session on Tuesday of the Conley
suit now in progress in the district
court in Helena, before Judge A. J.
HOrsky. There were also 10 other
horses, of which three teams were
used for draying, a saddle horse
used by the dog man, and two mares
and a stallion kept at the main
prison building at the same time.
These animals were owned by Conley
& McTague. and were fed with state
hay, it was testified.
The information was elected by
Colonel C. B. Nolan, chief of counsel
for the defense, during cross-exam-
inatiOn of Isaac Cohen, inmate of the
prison. who testified last week, but
who was recalled to the stand Tues
day morning by Attorney General
Wellington D. Rankin, leader of the
legal forces for the state. Cohen
told of being in charge of the horses
on the state ranch that winter, he
having, ne said, been made trusty
by former Warden Conley soon after
being sentenced to the penitentiary
from Butte. Cohen also testified
that he would be entitled to a parole
May 1, this year He will have
served by that time, he testified, hal.
of his minimum sentence of to II
years for receiving money undel
false pretenses. Cohen said he for
merly traded horses, cattle and ha,
and feed.
The whole forenoon was occupies
in taking testimony from present am
former inmates to bring out tina
Conley had used the hay raised ol
the state leased ranches at the prisol
to feed stock owned by Conley & Nc
Tague.
In addition to Cohen, another pres
ent inmate of the prison, George Pc
pa, Roumanian. who has served
years of term for murder, was n
called to the stand. Popa told c
hauling hay from the Ayleswort
ranch to feed stock kept at the priso
leased ranches, and also at the priso
barn. Popa said that the hay /
helped haul had been placed in II
barns without being weighed. E
also told of from so to 100 cow
which he helped TO care for, beir
kept at the prison barns and on Il
ranches. The witness, although
used a pronounced dialect, told
Straightforward story, not falterir
in any instance during the direS
cross and redirect examinations.
While testifying Tuesday mornil
Witness Cohen was questioned clos
w by Colonel Nolan but the latte
although he seemed to resort to eve
tactic at his command, could n
shake the witness from his story
which he related how the grain al
hay raised on the state-leased ranch
was disposed Of, and how Il was
10 stock owned by Coaaasy & d
Tague When psesssd by Color
Nokz@s as to the exses 'azssosank OF Z
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