Omaha daily bee., 1919-12-20

asked him about Kirk and his de-
pertinent and said if he would not
report favorably he would not ham
die 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 Kinks behavior and that
he was not vicious and his deport
ment was favorable.
He asserted that he did not recon-
mend Kinks release, but gave as
his opinion that Kirk would make
good" if released. He said that Kirk
had never asked him to recommend
him, but that Mrs. Kirk, had asked
about his conduct in prison.
Mr.. Fenton said the governor
stated that he would appoint spe-
cial investigator and that he later
talked TO Mr.. Johnson, who was in
vestigating the case. He said he
heard no moe about it until the day
before Kirk release, when Mr..
Devoe told him they had 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
fuences and Mrs. Kirk stated that
she had a place in Des Moines. He
said he telephoned to the peniten-
tary to get Kinks 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 responsible
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 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 Kinks return, he said, and
so far he has not violated his fur
Tough. He said he had received
verbal orders from the governor to
return 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
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 there. 4
Furlough Held 80 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 case, 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 very moderate fee, as the
merits of the case appealed to him.