Great Falls tribune. [volume] (Great Falls, Mont.) 1921-current, 1922-05-24
Rankin EXPECTS
CONTINUED From Page One)
mon bricks and 1850 tile had been
sold to Croftgans and Frank between

mon bricks and 1850 tile had been
sold to Croftgans and Frank between
July and October, 1920, but that more
brick had been delivered to this firm
than it had paid the state for. She
produced a bill which she had found in
the correspondence files at the prison.
showing that the state brick yard had
sold this firm 423. 800 bricks of which
the price of $1,000 bricks had been
paid to John Berne.
She volunteered the information that
she understood Berne had received
payment from Croftgans and Frank for
these $1,000 brick.
Asked as to the finding of cores
pondence regarding the purchase of the
brick plant from Berne by the state
and as to payments made by the state.
the witness said she had found such
correspondence and had ascertained
that the state had paid $4,000 for the
land occupied by the brick plant and
that she had found a warrant issued
In 1912 for S1,050 issued in payment
of brick making machinery
Production Not Shown
Miss Rathbun insisted, in the face
OF rigid questioning, that the records
did not show the production of the
brick plant but that they did show the
sales. which she said aggregated A.
GAG, S66 brick, but she claimed of these
the state had sold and not received pay
for 1,3S9,00O brick.
The witness testified that the rec
ords showed brick had been sent to
the insane asylum, tuberculosis sani-
tarium. girls vocational school. state
normal school. state orphans home
and school for deaf and blind.
She was shown a letter, cop book
from the state prison and asked to
read a letter dated Oct 80. 1920, from
Frank Conley to John Berne, at Mis-
soula, informing him that there had
been delivered on his account to Croft
gans and Frank 271 900 brick and ask
ing him to send the deed to the prop
erty.
Copy of another letter was read by
the witness. this from Conley to Ed
Mulroney, dated March 2, 1920. en-
closing a deed for Berne property with
a check for $1,000, with the under
standing Berne was to get $4,000 for
the grounds, machinery and all prop
erty thereon and in addition to get 40
o brick which was at the plant when
the state took it over and also $1,000
worth of brick at the mraket price.
Says Letter Not Found
The witness was asked if she did not
find a letter in reply from Mulroney
to Conley telling him that he was mis-
taken in that Berne was to receive
$4,000 worth of brick instead of $1,000
worth, and a letter from Conley to
M%ulroney admitting this to be a fact.
Witness replied she had not found such
correspondence.
Says Evidence MuddIed
Delay was experienced in securing
witnesses and when Mr.. Ran
KIN sought to put on a witness under
cause of action the court pro-
tested. saying he was going to insist
the completion of the cause nm
der consideration and further that he
was going to insist that counsel segre-
gate the testimony of the transcript as
to the various causes of action. He
said so far the evidence appeared to
be hopelessly muddled. that the court
had other cases to handle and could not
a year or two to this matter.
Mr.. Rankin said the state would fur
nish the court with a transcript of
evidence arranged with regard to the
separate causes of action.
Close Labor Action
The state then closed its seventh
cause of action, which demanded
800 for the value of convict labor
and materials used in the manufacture
of brick alleged to have been con-
by Conley to his W use. and
up the tenth cause of action
under which Conley was charged with
the conversion of ice belonging to the
state to its damage in the sum of
S3S4.S4.
Guy Stanich, a former convict, testi-
lied that he had been in charge of
the distribution Of ice at the prison and
old OF the amounts which were usually
sent to the prison and to Conlev's
house. The state sought to bring out
through the witness that Mullan, a Con-
.ey employee. had prevented the witness
obtaining ice from the ice house
sor use in the prison after Conley had
been superseded as warden. The de-
,ense objected, whereupon the state
,alled Conley to the stand.
Conley testified that Mullan was not
his representative in all matters, that
lis principal work was taking charge
If the water plant. He said he told
to prevent the state taking ice
the ice house after it had quit
delivering ice to his (Conley's) house.
had testified that Conley had
old him he could use ice for the prison
{ he delivered Ice to his residence.
Introduce Ice Bills
Deputy State Auditor w. A. Logan
vas called to the stand to introduce s
ieveral bills for ice and freight on ice
purchased by Warden Potter during
he summer of 1921 after the use Of :
ce from the Conley ice house had been 8
discontinued. These amounted to s
A. go: $4,000: $4,000; and $47.21. q
Ike Cohen was called to testify that
here wigs ample ice in the ice house to
ast through the season Of 1021. that c