4
WEE: O..IAHA. SATUKDAY, DCKiiBKR 20, 191.
BIG FUND RAISED
TO FREE GUNMAN
KIRK FROM PRISON
D. J. Campbell, Lincoln
Attorney, Tells of .
Offer Made for His
Services.
(Continued From Vrngt Oiw.J
have an investigation made. The
information of the governor and
not made public
Later he said that the matter was
taken up with Acting Governo
Bushee by Mr. Peterson, who had
Hist returned from his vacation, and
"that he did not participate in the
discussion. He said as he recollect
ed it he was later called in and
typed the furlough order himself.
It was agreed, he"5aid, that the mat
ter was to be taken up with the gov
ernor before it became effective and
that after many attempts they dis
cussed it with him and he said he
was satisfied .that it was legal with
Mr. Dushee's signature and that, as
Mr. Bushee was taking the responsi
bility, he was satisfied.
Gqyernor Advised Delay.
Questioned why it - was held so
long before presentation, he said
that he first wanted to find' out
where it was best for Kirk to go,
aijd that Mrs. Kirk was called into
a conference, although she did not
know the furlough was signed, and
rold him and Warden Fenton that
Kirk could get work in a garage
where he was formerly employed in
Omaha or at Kansas City, Sioux
City, or Des Moines, lie said the
warden advised against Kansas City,
Sioux City or Omaha, as his asso
ciates would be bad and he could
obtain a more moral atmosphere in
Des Moines, where it was decided to
send him.
He said he talked the release over
with the 'governor shortly after the
Omaha riots and the governor ad
vised against releasing Kirk at that
time on account of the unsettled
condition in Omaha, and advised
waiting six weeks. He said it was
December before he was able to
again get in. touch with the gover
nor, who was verv husr.
He said he was of the opinion he
was working for poor people when
I.. -J ,i.. ..i. ... j
heard of a $10,000 or $15,000 offer
for his release. He said Senator
Peterson made the financial arrange
ment with Mrs. Kirk, who paid them
$150 as a retainer, and on July 8
naid them an additional $100.
Since his release Mr. Dcvoe said
Hint he had received two letters
from Kirk and that he would submit
them to the commission tomorrow.
Ei M. Johnson of. the State Board
(if Pardons and Paroles, was the'
irst witness called to the stand at
10:30 a. ni.
Me testified that on August 3 he
handed the report of his investiga
tion inJo the character of Kirk' and
his trial in Douglas, county ordered
l.v the governor, to Phil Bross, then
private secretary to the governor.
Gave Report to Bross, ..
-He said he remembered giving the
report to .Bross because after re
turning to his own office he recalled
an ambiguous statement which he
wished to correct, and went back to
the governor's office, where hese-:
owed the report from Bross and
later returned it to him.
fliis report ts the one winch was
reported missing from the files of
the governor's office last week.---,
Mr. Johnson stated that he had
discussed the general features of
the Kirk case with Warden W. T.
Fenton of the state prison. But he
denied having ever spoken of the
matter to either Attorneys Peterson
or Devoe after making his investiga
tion. Following Mr. Johnson, J. Harry
Moore, representing The Bee at the
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hearing, was called to the witnesi
stand by the attorney general.
He was shown a copy of The Bee
for December 11 and was asked if
he knew who had written the story
attempting to connect the release of
Kirk . with a recent $63,000 robbery
at the Hayden Bros, department
store in Omaha.
Moore denied any knowledge of
the authorship of -the itory. He
was instructed by the attorney gen
eral to communicate with the man
aging editor of The Bee regarding
the story.
Senator B. K. Bushee, on whose
order Kirk was freed from the peni
tentiary, was then recalled to the
witness stand.
Telia of "Guardian."
In yesterday's hearing, Senator
Bushee stated that he knew where
Kirk had been sent following his re
lease from the prison, but was ex
cused from answering a question
telling the location, on the grounds
that the information might binder
the search for Kirk now being con
ducted at the governor's order.
The witness testified this morning
that he had been informed that Kirk
had been placed in Des Moines with
a man who "stands high in his
community." The man was supposed
to serve as a guardjan to the ban
dit, he said.
,He said he had not received this
information from Mr. Peterson, but
from the governor.
The attorney general then took
the letter which was supposed to
have been written by Attorney Ray
Abbott of Omaha, who conducted
the prosecution in the original Kirk
trial, and asked the witness what
part of the letter most influenced
him to sign the order for the re
lease of the notorious bandit.
Called to His Attention.
He asked the witness if he had
noticed that the letter was written
on plain paper and not on any let
terhead. "I did not notice that at the time,"
said Senator Bushee, "but it was
called to my attention later."
I -relied entirely on the state
ments of Senator Peterson, in whom
I have perfect confidence."
Did vou know how Mr. .Peterson
got his letter which was addressed
to the governor?"
"No."
The attorney general then read
the portion of the letter referring to
the robbery of the Malashok jewelry
store in Omaha and the battle with
the4andits in which Detective
Rooney of Omaha was killed.
Confidence , in Peterson.
"Did not that reference prompt
yqu to make a more thorough inves
tigation before signing the order?"
asked the attorney general.
Then Senator Bushee reiterated
his confidence in Attorney Peterson
and because of Mr. Abbott's official
connection in the prosecution of
Kirk felt that his statement was a
little strong.
He said he took literally that part
of the letter which stated that Kirk's
only guilt was in allowing the gang
of bandits to use his house.
The witness called attention to
the statement in the letter which
said that .Kirk had been punished
sufficiently! and added that Attor
ney Abbott, who had prosecuted
Kirk, expressed the opinion that 18
months Was sufficient punishment.
Can't Give "Guardian s" Name.
"Did you attempt to verify Mr.
Abbott's MgnaUire. to the letter?"
he was asked.
He. replied that he did not, 'but
had done so since.
"Can vouagive the name of the
man in Des Moines in whose care
Kirk was placed?" he was asked.
"No."
Asked for reasons why Kirk had
not been' released at' once when he
signed the order September 8, in
stead of waiting ' until December 2,
almost three months later, Senator
Bushee said that Kirk was not re
leased at once because of the desire
to, find some suitable place to send
him, and that .Senator Peterson told
him that he wanted to be sure that
Kirk was deserving of a furlough.
Discussed With Warden.
The witness declared that Mr.
Peterson told him that the first step
taken in the case was a discussion
of the man in question with Warden
.fenton.
Asked if he knew who had ar
ranged for the placing of Bandit
Kirk in Des Moines, Senator Bushee
declared he did not.
.Lieutenant Governor Barrows
was then recalled to the witness
stand.
He acknowledged that he was in
charge of the Lincoln bureau of the
Omaha Bee. He said that he had
written some of the articles con
cerning the Kirk furlough, and had
furnished. - information for other
stories of the case.
When shown the issue of The
Bee for December 11, and asked if
he knew who wrote the article on
the Kirk case, he said he did not
know. v
Hadn't Discussed Release.
Mr. Barrows was then excused
and Senator Bushee recalled.
Referring to the article in The
Bee, the attorney general asked him
if he had discussed Kirk's release
six months ago in Omaha.
"Absolutely no,." he answered.
Phil Bross, former private secre
tary to Jthe governor and now the
secretary of finance, was next called
to the witness stand.
He was asl: d about the report
of E. M. Johnson regarding his in
vestigation into the Kirk case.
He said his first r;co11ection of
the case was when the aff ir became
prominent recently in the newspa
pers. He said he had not discussed
Kirk's release with anyone prior to
his freedom from the prison.
He said he presumed that he re
ceived the Johnson report but did
not read it and did not know to
what it related.
Correction Was Made.
He said he distinctly remembered
that Mr. Johnson returned to the
office to make a correction in the
report.
He said he had since searched the
files with the assistance of other
clerks in the office, but was unable
to find any trace of the report.
Bross stated that he did not give
the report to the governor, and he
does not know where it is now. He
said that if the report had taken the
ordinary course of other papers with
reports of like nature, it would have
gone in to the governor, received
his attention and later been filed.
Col. J. H. Presson, record clerk
in the governor's office, was next
called to the stand.
He denied ever seeing the report
and gave a detailed explanation of
the filing system of records pertain-
Colonel Presson said he knew
nothing of KirYs release until he
heard about it the following day,
December 3.
He said he then called the warden
to secure enough information on
which he, could base an entry in the
records at the governor's office.
Formal application tor pardons
and furloughs were usually filed and
kept in a separate envelope in the
governor's office, he said.
He said the subject of a furlough
was seldom opened without formal
application to the governor's office.
In this case, he said that he had
never seen a formal application.
Defends Furlough Practice.
"Discussing furloughs Mr. Pres
son said that they were often pre
ferable to a discharge because they
enabled the state to keep and hold
jurisdiction over the prisoner and
call him back to prison jn case re
ports of his conduct were not favor
able.. W. H. Antles, secretary of the
Department of Public Welfare, was
called and stated that he was at the
penitentiary at the time of Kirk's
release. He said Mrs. Kirk came
in and he asked E. M. Johnson who
she was. He testified that Mr..
Johnson told him that she was Mrs.
Kirk and that she had a release for
her husband signed by the acting
governor. He stated that ,he had
never seen the. order for a furlough.
He said he had never talked with
Warden Fenton about the case until
recently and then only over the tel
ephone. Governor Recalled.
Governor McKelvie was recalled
and stated that Senator Bushee had
returned to his home before he got
to see him after he returned from
his vacation. He said that Senator
bushee returned about 10 days later
and they discussed the furlough
bnetly and that benator bushee said
there was nothing wrong in grant
ing the release. He stated that he
took the senator's word and thought
no more about the matter until a
few days later when Mr. Devoe
spoke about it and aslied him if it
was all right.
1 told him it was all right, that
Mr. Bushee was responsible," said
the governor. He said the conver
sation took place in his office and
that it was very brief as he was very
busy at the time dealing with the
coal shortage and other important
nutters.
The governor stated that he had
never seen the report of Mr. John
son on the Kirk case. He said he
ordered the report drawn but was
away from his office a good deal
and it did not occur to him to ask
for it as he expected it would be
orodght to his attention in the reg
ular way. He said he was away
from the office a great deal during
September and October, speaking at
county fairs.
Orders Return of Kirk.
He explained that he ha"d ordered
the warden to get hold of Kirk and
return him to the penitentiary last
Monday, lie gave as the reason lor
this order that he thought with the
public interest being manifested and
the prominence being given to the
furlough it was best to recall him
and start action over again. He
stated that his action was no reflec
tion on Senator Bushee or anyone
else.'
Questioned if he knew anvthing
about Kirk's whereabouts, he said
that Kirk's attorney said he was in
Des Moines.-
The governor denied the state
ment of Senator Bushee that he
talked with him about Kirk's where
abouts and said he did not tell him
Kirk was in Des Moines.
Johnson and Antles Surprised.
James O'Conner, chief clerk and
principal of schools at the peniten
tiary, said he first learned of Kirk s
furlough on the morning of his re
lease when the deputy warden told
him to get Kirk's clothing ready, as
friends would some for him in the
afternoon. He said that the warden
and. deputy warden had authority
to honor the paper and that Mrs.
Kirk came after him about J.
He testified that Mr. Johnson and
Mr. Antles were there and Mr. John
son asked, "Where did he get it?"
He said both men appeared to be
surprised when informed that the
furlough was signed by Acting Gov
ernor Bushee, but did not say any
thing.
Mr. O'Conner stated that it was
the first time he had seen a furlough
not signed by either the governor
or the lieutenant governor. He said
it was not unusual for orders to be
received on other than official paper
. ..i . ., . i , i i j:j
ana wunout me state seai aua u uiu
not arouse any suspicion.
Warden W. T. Fenton said the
first he heard of an attempt would
be made to secure a furlough was
last lulv when Senator Peterson
visited the penitentiary to interview
Kirk. He said Senator Peterson
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asked him about Kirk and his de
portment and said if he would not
report favorably he would not han
dle the case. He said he told the
senator he could report favorably on
his conduct.
Talked With Devoe.
Later he said he talked with Mr.
Devoe, who said he had been to
Omaha and learned that Kirk had
not been connected with the robbery
of the Malashock jewelry store. He
said they visited the governor and
told him of Kirk's behavior and that
he was not vicious and his deport
ment was favorable.
He asserted that he did not recom
mend Kirk's release, but gave as
his opinion that Kirk would "make
good" if reteaied. He aid that Kirk
had never asked him to recommend
him, but that Mrs. Kirkhad asked
about his conduct in prison.
Mr. Fenton said the gdVernor
stated that he would appoint a spe
cial investigator and that he later
talked to Mr. Johnson,' who was in
vestigating th? case. He said he
heafd no mo' e about it until the day
before Kirk's- release, when Mr.
Devoe toid him they had a furlough
and the governor knew all about it.
He said they discussed the best place
to place Kirk where he would be
away from evil companions and in
fluences and Mrs. Kirk stated that
she had 'a place in Des, Moines. He
said he telephoned to the peniten
tiary to get Kirk's clothes ready.
He replied in answer to questions
that he relied upon Senator Peter
son and Mr. Devoe and did not see
anything out of the way in the re
lease. He said he did not check up
the signature as he had never had
anyone try to get out in that way
and he would take the responsibil
ity if they did.
Considered Order Official.
He said he read the Bushee order
and when asked if he had honored
other furloughs, said he had honored
several. Questioned as to it not ap
pearing to be a legal document, he
said it was more official than many
coming from the governor and com
pared with it a release signed by the
governor which he had in his pocket.
The warden said that it was at his
suggestion that Kirk was ordered to
report to Mr. Devoe, as if he got
a good job he might lose it if it
became known that he was report
ing "to a penitentiary. He said Mr.
Devoe agreed to forward the re
ports to him.
He said he did not discuss the
matter at length as everything
seemed regular, and if he got an
unfavorable report he could go and
get Kirk.
No written order has been re
ceived for Kirk's return, he said, and
so far he has not violated his fur
lough. He said he had received
verbal orders from the governor to
leturn him. If released he stated
he still believed Kirk would "make
good."
He told of seeing a letter from
Kirk giving his street address .in
Des Moines. His deputy, who in
vestigated, reported the address was.j
an insurance office. Chief of De
tectives McDonald of Des Moines
was called upon by the deputy to
assist in the search, and he learned
that Kirk got his mail at that ad
dress" but never lived tjiere.
.. Furlough Held 90 Days. '
Questioned as to the length of
time the furlough was held before
being presented, he said that it was
not customary to hold furloughs 90
days, as in the Kirk ease, and that
they were seldom held over five or
seven days.
Mr. Fenton testified that Mr.
Devoe told him that he took the
case for a very moderate fee, as the
merits of the case appealed to him.
He' said there was no danger in fur
loughs of this character, as the
number who violated their parole
was very small compared with the
number who were benefited and be
came successful.
Harry Fleharty of Omaha was
called and said that he had known
Kirk for three years and defended
him at the time of -his trial in the
Douglas county district court. On
the appeal to the supreme court he
said Ben Baker of Omaha assisted
nim. i
He told of a visit to his office
made by Mrs. Kirk to inquire what
steps to take to get a furlough and
said that she requested him to ac
company her to Lincoln and intro
duce her to Senator Peterson. He
said that she desired to secure the
help of Senator Peterson as he had
secured the furlough for Frank Sin
clair. He denied that he had any
thing to do with the retaining of
Mr, Peterson. . Asked if he made a
practice of securing releases of con
victs, he stated that he did not as
he did not have "enough drag with
the administration.
On the trip to see Senator Peter
son, he said, he took the brief filed
in the supreme court and denied that
he carried other papers in the case,
including an affidavit signed by Mr
Musgrave of the Omaha and .Coun
cil Bluffs Street Railway company
and a letter written by Ra Abbott,
formerly of the county attorney's of
fice and prosecutor of Kirk. Ihe
Abbott letter he said was never in
his possession although he advised
Airs. Kirk to see him.
Style of Type.
Attorney General Davis then
called Mr. Fleharty's attention to
the style of the type on the type
writer used to write the brief, which
was similar to the type used in the
Abbott letter. Initials used on the
bottom of the Abbott letter, he said,
were similar to those useed by a
stenographer who had worked for
him. He gave her name as Ruth
Walker and admitted that it was
posvble that she had written the
letter. 'He also admitted that he
knew of Abbott's view but was not
sure of the contents of the letter.
Miss Walker will probablv be
subpoened to appear at the hearing
"Saturday.
Referring to the conference with
Senator Peterson Mr. Fleharty said
that the senator refused to take a
retainer from Mrs. Kirk to secure
her husband's release from the pen
itentiary, but said he would take a
retainer to examine the record.
Questioned as to the fee he re
ceived, Mr. Fleharty said that he
charged $1,000. He said he had al
ready received $500 of this amount
and $150 for expenses and court
costs. Five hundred dollars he said
was still due. ,
Robert Smith, clerk of the Doug
las county district court, testified
of the manner in which, he kept his
records and said that the only time
the bill of complaint left his office
vPas when it was taken out by the
law firm of Baker & Ready, and that
it was receipted for in the regular
manner.
Interview by Telephone. -
Victor Smith, World-Herald re
porter, testified that he first heard
about the Kirk release December 3.
The statement in the World-Herald,
credited to Senator Bushee, "I did
not know Kirk was held for murder.
My impression was' that he was a
bootlegger," Smith said he received
over the. telephone.- His conversa
tion with Senator Bushee was un-
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satisfactory and disconnected, he ad
ded. The statement he published
he said he repeated to Senator
Bushee, and he was positive that
the senator said it was all right.
He next met Senator Bushee
he said in Fremont the following
Sunday and at that time Senator
Bushee said, "I told you the truth
then and I have told it since." When
he first talked to Senator Bushee
he said the senator did not ap
pear to have the facts of the case
clear in his mind or if he did he
did not recollect them.
H. O. Parsons, in charge of the
Lincoln bureau of the World
Herald, was called and said he first
learned of the Kirk furlough the
d.y he left, when Harry Dobbins,
a Lincoln newspaper man, told him
of it. He said he went to the gov
ernor's office and saw Mr. Presson.
who told him he knew nothing
about it, and called up the warden
at the penitentiary toMind out if
it was true.
" There is damn big fee offered
for the release of Kirk,'" he testi
fied he was told by E. G. Maggi,
member of the board of pardons
from 1911 to 1919. He said he saw
a copy of the Johnson report and
did not print the Maggi statement
in order to protect Mr. Bushee, al
though he heard many sin; '..ir
rumors.
He testified that "Robert Druse
dow. member of the state legis
lature from Douglas county, told
him that $10,000 or $15,000 had i.ckn
raised in Omaha to secure Kirk's
release. He said he heard other
rumors to the same effect and heard
the fac publicly discussed in the
lobby of Lincoln hotel.
Big Fee Offered Maggi.
E. G. Maggi testified that an at-'
torney came to his office and Saul
that there was a "damn big fee in
it for him if he could, get Kirk
out." Mr. Maggi said that he told
the attorney that Kirk was where
he should be and that he was wast
ing time and had better drop the
case. .
He requested that he not be forced
(Continued on Tage Five, Column To,
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1 Fine One-Piece Top Cap. Plain or Plaid
Mixtures.
1 box of dozen Silk Lisle Hose.
4 Pairs of Luxite Fiber Hose.
1 Umbrella, Paragon Frame, cover of good
( .ality.
dozen Delpark Pique Collars,
dozen Fine All Linen Handker
chiefs. 1 Pair of Gloves, Gray or Tan.
.1 Fine Cambric Silk Trimmed Night Shirt
1 Pair Outing Flannel or lighter weight
Pajamas.
i Pairs Phoenix Ribbed Silk Lisle Hose.
1' Set Links and Studs for Evening Wear.
1 Waldemar Chain.
1 Necktie, in Italian Silk, Satin Floral
Designs.
1 Fancy Wood Walking Stick.
1 Silk or Knit Fancy Striped Muffler.
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