Omaha daily bee., 1919-12-19

Governor and Acting-Gov-
ernor at Time of Bandits Re.
lease First on Witness Stand
In Bar Commission Probe.
FURL OUCH SIGNED IN
OFFICE OF PETERSON
Alleged Reason for Delay in
Presenting Order Was ITO
Be Certain He Was Placed
In Good Hands,"
(By Staff Correspondent.)

(By Staff Correspondent.)
Lincoln, Dec. 1S.-(Special Tele-
gram.)-Fhe probe into the issu-
ance of "furlough," whereby Beryl
Kirk, notorious Omaha bandit and
convicted murderer, was released
from the state penitentiary began
before the State Bar commission
this afternoon.
Governor McKelvie, Lieut.. Gov.
Barrows, State Senator Bushee, who
signed the furlough and who was
acting governor at the time, and
State Parole Officer E. M. Johnson
were examined. Governor McKelvie
and Senator Bushee may be recalled
Wednesday, to be questioned upon
points expected to be brought out
through other witnesses.
Signed in Peterson's' Office.
The testimony developed the fact
that the furlough was signed by
Senator Bushee, as actinggovernor,
;if the Lincoln office of Peterson &
De Voc, attorneys for Kirk, Mr..
Peterson having called the acting
governor by telephone from the
governors office to the Peterson &
De Voc office to do the signing.
Senator Bushee testified that he
had reported to the governor 10
days after the governors return to
the state that he had signed the
furlough, and said that the COVER
nor had approved his actien.se-----
He stated that Senator Peterson
did not tell him what Kirk was in
the penfentiary for, but did say
that he was in for 20 years, and
therefore, said Senator Bushee, he
concluded that Kirk must be in for
murder.
Senator Bushee denied that he
had made statement to a World
Herald reporter, or to any one else,
that he did not know what Kirk was
accused of or sentenced for, and
that he thought the man had been
convicted of "bootlegging."
Called Upon Governor.
Governor McKelvie testified that
the Kirk matter was first brought
to his attention by Attorneys Peter
son and De Voc, with Warden Fen
ton.
He said they had called upon
him at his home, and that this had
been perfectly proper, as any place
in which he discussed state business
was for the time being his official
office.
Convened at 2:30.
The bar commission convened at
2:30, the members present being
]. A. Stradenburg of Omaha. ]. F.
Ledwith of Lincoln, David McNeny
of Red Cloud, A. D. McCandless Of
Waymore and Charles A. Goss of
Omaha.
Attorney General Clarence A.
Davis opened the proceedings. stat
ing that the commission had con-
vened upon the order of the state
supreme court for the purpose of
probing the release of a convict,
Kirk, from the penitentiary and to
ascertain if any members cf the bar
had been concerned in the release
in an unethical OF illegal manner
Issues Involved
"The issues involved" said At
torney General Davis, "are the
status of the furlough, how was it
signed, who took part in procuring
it, and was it ethical or '.gal?"
THE matter was first brought to
my attention the evening of August
l." he stated, "by Attorneys Peter
son and Devoe, who called at my
home with Warden Fenton. In an
swer to comment on this point /
may state that any place where l
happen to take up official business
is my office.>
"The presentation of the Kirk
case was not made in writing, but
I recall that there was reading from
a transcript of the case. Then
Warden Fenton made his report as
to the behavior of the prisoner
stating that he had been a model
in all respects, was well behaved,
Industrious and above the average in
| considered the pro-
ceedings entirely regular.
Referred to Board.
However, l told the attorneys
that the matter would have to be
referred to- the board of pardons
and parole. / stated that did not
feel that l wanted to take the en-
tire responsibility upon myself
"The next day l referred the mat
ter to State Parole Officer E. NJ.
Johnson. I understand that he
made his report to my secretary
in my absence on a vacation. /
knew nothing more about the mat
ter, and feel free to state that l
had entirely dismissed it from my
mind"
Barrows Out of State.
Lieutenant Governor Barrows. the
next witness. stated that at the time
Continued ON Page Two, Column FOur.)