davidaulloa/AmericanStories huggingface dataset:
Omaha daily bee., 1919-12-07
What Abbott Says.

Attorney Ray J. Abbott, from
whom Senator Bushee says he re-
ceived a letter prompting him to is
sue a "furlough" for Beryl Kirk, last
night absolutely denied ever writing
the senator concerning Kirk, but
said that he had received a letter
some time ago from BuShee con-
corning Kirk.
"I don't know anything about the
statement of Senator Bushee, IN
which he says / wrote him concern
ing Kirk, butt will issue a state
ment Monday and offer the senator's
letter to me for publication"
Judge Demands Probe.
" An Investigation into the part
played by lawyers in securing the
'furlough" of Beryl c. Kirk, no.
torious Omaha bandit. from the pen
itentiary last Tuesday, was de-
manded yesterday by District Judge
Sears.
"We lawyers owe it to ourselves
and to the public to find out if any
members of the Nebraska bar were
guilty of unprofessional conduct =
this mysterious Kirk matter" said
the judge.
THE first business that should be
taken tip at the coming meeting of
the Nebraska Bar association should
be this Kirk Through
Something to Be "Aired"
at is uncomfortable to me that
such an action should have been
taken, and | am sure there is some
thing in the affair that should be
thoroughly aired without delay.
THAT man, convicted of murder
and sentenced to 20 years in the
penitentiary should be let out after
serving .l8 months, is a thing SO pc
culiar that it casts a shadow over
the bar of the state and calls for
prompt Investigation
Other lawyers and judges ex-
pressed the same idsa on the sub
ject.
Kirk was tried by a jury before
District Judge Redick and after a
verdict of guilty was returned was
sentenced by Judge Redick to the
penitentiary.
County Attorney Magney con-
Omaha daily bee., 1919-12-07

as is borne out by the statement
which Mr.. Fenton makes to- me
today in q signed statement now
in my possession and which reads
as follows:
"' Senator B. K. Bushee, City.
Dear sir:
Regarding the Kirk case | have
this to say: In a number OF IN
stances statements that | have made
in the last two or three days have
been inaccurately reported. | have
had no interest in the Kirk case
different from my interest in many
cases. l observe the men in my IN
situation and have always felt free
whenever called upon, to state my
honest opinion regarding those men
and / propose to continue to do
so while | am warden. Peterson &
Devoe asked me about Kirk. /
told them that Kirk had been a
model prisoner during the nearly
two years that he had been in the
institution, that l had observed him
carefully and that | was entirely
satisfied he would make good on
the outside. / was also of the
opinion then and I am still, that
if there was ever anything wrong
with Kirk OF his conduct he has,
during his stay in the penltentiary,
learned his lesson and | have no.
reason at the present time to change
my opinion that he will make good
on the outside. Ialso said that l
would be willing at any time to ex-
press my opinion to the governor.
| later did state my ideas regard
ing Kirk to the governor. which
were substantially as above stated. |
also stated to the attorneys and
to the governor that | was person
ally satisfied that Kirk was not
one of the five men who perpe-!
trated the robbery in Omaha and
that he was wrongfully identified
and confused with Appleby. This
is borne out by the prosecuting
attorney, who conducted the prose-
cution of Kirk. | am still of that
opinion. After all it is not the time
that man serves in the penitenti
airy which determines whether So
ciety is benefited by his remaining
or by being given a chance to make
good. The question is the character
Of the man at the time and on
that basis / gave my opinion as
above state with reference to Kirk
and still adhere to it. (Signed) M,
I. Fenton, warden.
Doubt of Guilt.
The attorneys also discussed
with me the question OF doubt of
Mr.. Kinks guilt, particularly with
Omaha daily bee., 1919-12-07
Bushee Fails to Explain -,
Why Furlough was Held
Weeks Before Presented
Also Fails to Comment on Early Statement From
Lincoln That it Was Understood He Thought
Kirk Merely "High-Jacker' Affidavits Show
He Knew All About Case.

best information that | could obtain
and from >my personal observation,
he was man of excellent habits,
l,onestand upright. And further de-
ponent saith not.
(Signed)> MICHAEL L. CLARK"
Subscribed in my presence and
sworn to before me this Esd day Of
July, 1919. w. A. FOSTER,
(SeaD Notary Public"
State of Nebraska, County of
Douglas. S.:
Il, William L. Musgrave, being
first duly sworn, depose and say
that | have been connected with
the Omaha & Council Bluffs Street
Railway company, for more than
Is years, most of which time | have
been superintendent of the COM
pany, and by virtue of my position
| became intimately acquainted with
Beyrl c. Kirk, a conductor on the
street railway fof said company.
His connection with the company
i'll that capacity covered a period
of something like eight years, and
during all that time | knew him
to be faithful servant, honest and
of excellent habits, and from all |
could learn outside OF his duties
as an employee of the company,
he bore good reputation of be-
ing an honest, upright citizen. And
further deponent saith not. (Signed.)
William l.. Musgrave.
Subscribed in may presence and
sworn to before me this oath day
of July, 1919. w. A. Foster, Notary
Public. (Seal.1"
Warden Fcntcn's Statement.
"The attorneys stated to me the
position and opinion of Warden
Fenton with reference to Mr.. Kirk
The statements which they made in
that regard were absolutely true,
Omaha daily bee., 1919-12-07
Navy Enlisted Men
Given Opportunity
To Enter Annapolis

The methods of entering the naval
academy are as follows: Each con-
gtessman and senator is allowed a
number of appointments from his
district, and there are 100 appoint
ments, open to enlisted men of the
navy of the proper age, decided by
a competitive examination. These
sppointees must pass an exanina-
ton in rudimentary subjects, and
after passing enter the academy.
The discipline is strict but plenty
of relaxation in the way of ATHLETICS
is available. The number of mid
sh;pmen playing foot bali this year
on the varsity class, or company
teams, is 200. ".-.
Every effort is made to make the
naval academy as democratic an in
stitution as possible. Midshipmen
receive fixed salary, and so sup
port themselves. Presents from
home are limited. The wealthy stu
dent, with the racing automobile, is
unknown at Annapolis. Each man
stands entirely on his own merits
Omaha daily bee., 1919-12-07
BANDIT KIRK IS
NOT IN THE CITY,
SAY THE POLICE
Believe He Took Advice Of
Lawyer to "Go Any
Where But to
Omaha.

Notwithstanding the numerous ru-
nors afoat about the city that Beryl
{, Kirk, notorious bandit who is at
LANCE, following his scrap of paper
furlough" release from the state
penitentiary at Lincoln, is in hiding
in Omaha. it is the general belief
that the bird has flown"
At least three tips" furnished~po
lice that he was at certain places in
the city were investigated and found
to be without foundation.
Was Sighted Wednesday.
The most certain information con-
,cerning Kinks first landing place
was that furnished the police yes
terday that he was seen on a North
Twenty-fourth street car at $50
Wednesday morning i'll company
with his wife and a couple, whose
names were not learned. Kirk is
said to have had suitcase with him.
His wife was seen to alight from the
car at Twenty-fourth and Ohio
siSStS Ill pI pDdDiC lCdI That SHE~<tIlQ
her husband were detected together.
II was not learned where Kirk or
his-wife went.
Must Get" Kirk.
FollowingN thai Information,
gained by the police yesterday, Or
ders were issued by Chief of Police
Eberstein to have Kirk arrested.
Detectives Brinkam and Jensen
say they saw and talked with Mrs.
Beryl Kirk at the home of Ted
Lesch in East Omaha yesterday
morning. Mrs. Lesch is sister to
Mrs. Kirk. The detectives say they
gained no information from Mrs.
Kirk concerning the whereabouts
Of her husband.
Another "tip"/given to police that
Kirk was staying at road house"
north Of Florence was investigated
with no apparent result.
With the uproar among officials
ct Lincoln and Omaha concerning
Kinks release, 1t is the general be-
lief that the convicted bandit is not
10 Omaha for fear of arrest here.
u 10 believed that he followed the
advice of his counsel, Petrus Peter
cen It Lincoln, to "go anywhere
but to Omaha"
Omaha daily bee., 1919-12-07
Quoted the prosecution.
Knows Kinks Location,

Senator Bushee told state officials
that he knew the present location
OF Kirk, and stated that the authori-
lies at the state prison also knew
where Kirk could be found. He did
no disclose this, however.
Warden Fenton, of the peniten-
tiary, however, denied all knowledge
of the bandits present whereabouts.
Quief investigation of the case,
first instigated by Lieutenant Cover
nor Barrows, and later ordered by
Governor McKelvie, continued, the
chief desire of Lincoln officials be-
ing to secure a positive statement
from Senator Bushee, who SO far
has refused to make any comment
on the case other than that he real
ICES the seriousness of the affair"
May Go Free.
1t is generally understood, from
Governor McKe1vie's statement Fri
day, prior to his leaving for Chi
cago and Washington for coal con-
ferences, that if Senator Bushee
stands pat" on his written order,
Kirk will be allowed to 60 free.
IF a thorough investigation of
the case proves that the issue of the
order was perfectly regular, there
will be no action taken" Lieutenant
Governor Barrows said yesterday,
recalling a similar statement made
by the governor Friday.
Detectives Friday interviewed
Mrs. B. c. Kirk, wife of the bandit
with whom he was seen in Omaha
early Tuesday morning on a north
bound Twenty-fourth street car.
prior to order for his arrest.
- She refused to divulge any infor-
nation concerning her husband
other than that he is not in Omaha.
Father is Silent.
]. B. Kirk. 1921 Dewey avenue,
father of the released convict, was
also visited by Omaha detectives
Friday and refused to give any in
formation concerning his son.
Il have not seen him yet" was
all that he said.
Mayor Ed Smith Friday issued
orders that Kirk should be arrested
for investigation upon sight in Oma-
ha. Officials at Lincoln have not
declared Kirk a ~ugitive from JUS
tice.
All officials in Lincoln express
fear of commenting on the bandits
release, which lead Omaha authori-
ties to believe that the proceedings
leading up to his freedom must have
been somewhat irregular,
Omaha daily bee., 1919-12-07

again." Those were some of the
questions she would ask herself, and
me, time and time again.
Wouldn't he enjoy this? was a
frequent remark of hers at the table
as she saw some dish that Beryl
was fond of. 4,
Though everyone in the state
may cry out against Beryps release,
they cannot take away from her the
few days of happiness and serene
complacency that have already been
hers"
Whatever is the true story of
Kinks release, the indications,
viewed by newspapermen and 9TH
ers familiar with the case, are that
the greatest single element was the
saddened woman who would never
give UP her fight in trying to re-
claim him for her own.
Love That Never Dies.
The purpose of this little story
is not to create sympathy for Kirk
or his wife.
1t is just to show that the love
that never dies runs its course just
as strongly and as truly in the dark
Businesses of the criminal world, as
it does in the circles of the hot
house plants of ultra-ultra society
on mob Hill" I
And just word about the Kinks.
Ted Lesch and his wife, who is
another sister of Mrs. Kirk. saw
them just after the doors of the
penitentiary closed behind Kirk last
Tuesday.
"The last thing I heard Kirk say
was that he. was through being a
gunman, bootlegger, and figure
in night life, and that when it could
be arranged; he was going to go to
some little town with his brother-in-
law. Herman Uhl, who lost leg
in the war, and turn his knowledge
of automobiles to honest and useful
account"
Omaha daily bee., 1919-12-07

der, graceful young girl with big,
bright, blue gray eyes from which
shone the light of a longing for
domesticity, scarcely moved beyond
the circle of the little North Side
home where she took care of her
father and little sister, Annie.
The ne:ghbors knew her as a shy
little blonde thing. who was unlike
most other girls of her age. because
she stayed home mostly and kept
house for her aged father.
1t was on one of the very rare
occasions that she attended pub
lie dance, that Beryl Kirk met her
and soon after made her his wife.
This is the girl that, the newspa-
per reading public now pictures as
painted. bedizened gunman's queen.
But she is not.
Shielded Little Sister.
Police reporters who covered the
sensational event which resulted in
Detective Rooney's murder, -remem-
Der her as a quiet, faithful-to-death.
type of girl. who stayed by her hus
bands side when the murderc1ts
eross-fire of pistol bullets ragged in
the charnel house on North Four
tees'til street.
They remember her as the woman
who, in jail cell, defed the officers
with steadfast silence when they
sought to trick from her informa-
ton that would incriminate him.
They remember her as the woman,
who, when questioned about her
little sister, Annie, who was in the
bandit rendezvous at the time of
the police raid, burst into tears and
f-antically offered to plead guilty
alone. to anything in the world. if
only har little 17-year-old' sisters
aame could be shielded from the
pitiless pillory of public print.
Subsequently, it was proved that
her little sister had no c. injection
whatever with the outlaw gang, but
Omaha daily bee., 1919-12-07

reference to his having been present
and taken part in the robbery as
| shown by the record in the district
court, where Kirk was tried and
i'll. the record in the preliminary
hearing held on a complaint against
one ApplebyJ 1t appears from these
records that no one claims there
were more than five men at the
robbery. Six men have been identi-
fled, one of them is a mistake, and
under all the circumstances | feel
justified in talang cognizance of
! the doubt that existed with refer
ence to Kirk having any participa-
ton.
This was further substantiated by
the man who conducted the prosecu-
ton, whose statement | have quoted
above. / also took into considera-
ton the fact that the identification
| Of Appleby occurred subsequent to
| the time that Kirk was tried and
convicted and that this fact was not
presented to the court or jury, nor
could it be. In view of this doubt
and in view of the statement of the
prosecuting attorney an absolute
pardon could have been justified.
No one, however, urged an absolute
pardon, but all that was asked was
a furloagh for the purpose OF giving
this man chance to make good as
d citizen.
Could Not Give Parole.
This case was not one coming
within the law with reference to pa
| roles. If any clemency should be
given it would have to be exercised
by the governor. 1t is my under
standing that furloughs have been
granted regularly by the preceding
governors of this state in the same
| manner as this furlough was issued
| by me. If Mr.. Kirk does not make
good under this furlough he may be
returned to the penitentiary Ii he
makes good society has been bene-
| flied. On the statement of Warden
| Fenton, in whose judgment-I have
the fullest confidence, and in view
| of the previous record OF Kirk as
given by Sheriff Clark and others
| who knew him, / then believed and
still think that Kirk will make good.
Concluding, l will say that my
| action was governed solely and alb
solutely by what l regarded as the
| demands of justice. The test of my
judgment is whether or not the man
makes good. If he makes good, the
| furlough should remain in force. If
he does not make good he may be
recalled to the penitentiary. Since
! my return to Lincoln | have gone
Omaha daily bee., 1919-12-07

not "get" her man in one year or in
the 20-ycar stretch" the court
melted out. I
Once week. faithfully. she visited
illn1.
And here, strangely enough. new
clement appears.
During the trial hundreds OF
stories were afoat concerning the
tremendous "fail-morey" funds of
yeggmeh, auto thieves. burglars,
gamblers and other artisans of the
underworld. Thousands of dollars
were a. the disposal of counsel for
the defense, It was reported.
Worked Industriously.
Expensive attorneys were re-
tanned. OF course. But the courts
took Beryl Kirk to the penitentiary
despite the lavish outlay of money
and few weeks later Mrs. Kirk,
Trailer than ever, presented herself
at the New York Sample store. 206
North Sixteenth street. in answer to
a want ad she saw in The Bees Help
Omaha daily bee., 1919-12-07
Prohibition Endorsement
By Eiks Was Unexpected

Pittsburgh, Dec. 6.-Prohibition
is receiving an Endorsement from an
unexpected quarter-the Order OF
Elks.
Fomer Gov, John X. Tener OF
pennsylvania, who is a past grand
exalted ruler of the organization,
said here recently that ii the influx
OF new members into the order is
an. barometer. / can say, speaking
,ior the B. P. O. E.. that prohibition
is boon. Ii is interesting to note
that in every city in which | have
been where campaign is being car
ficd on the membership desired has
never failed. I sincerely believe
the principles for which the order
stands are the CHIEF attraction"
Omaha daily bee., 1919-12-07

was innocently visiting Mrs. Kirk,
when the police surprised them.
Annie was then, and is yet, cash
.er i'll one of Omaha's big department
stores, a highly honered and trusted
employee, handling thousands of dol
lars annually for the firm. But those
who were intimate with the details
of the case remember. with throaty
sensation, the torrential anguish that
leaped from the elder sisters heart
when little Annie was enmeshed in
the web of circumstantial evidence,
and remembering, deem it anything
but strange that this woman should
stand by the man she loves until the
dregs Of their connubial cup of I'M
happiness are finished. i, 4
Wrote Husband Daily.
Every day since the court took
her husband from her she has writ
fen to him, bo!stering his courage,
that the grim walls of the penal in
stitution, which inevitably changes
sane men into prison bugs" would
Omaha daily bee., 1919-12-07
that he has been punished sufio-
iently. Very truly yours,
RAY ]. ABBOTT" =
OTHER Recommendations.


iently. Very truly yours,
RAY ]. ABBOTT" -
OTHER Recommendations.
81 had before me the af6davits
with reference to Kinks former con-
duct as a citizen in Omaha, one by
Michael L. Clark, the present sheriff
of Douglas county, and one by Will
lam L. Musgrave, both of whom
were in positions of responsibility in
the Omaha & Council Bluffs Street
Railway company, where Mr.. Kirk
was employed. These afhdavits,
which are now in my possession, are
as follows:
State of Nebraska, County of
Douglas, SIS:
Il, Michael L. Clark, being first
duly sworn, depose and say that for
many years | was connected with
the Omaha & Council Bluffs Street
Railway company as road officer.
and by virtue Of such position | had
in charge the conduc .ors and motor
men of said company in the cities of
Omaha and Council Bluffs; that dur
ing my connection with the said
street railway company | had under
my direction and charge Burl c.
Kirk, a conductor for the said street
railway company, and by virtue of
Our positions | became intimately
acquainted with the said Kirk in his
work ard in his habits. Our ac-
quaintauce covered period of
probably about eight years. and dur
ing all that time | found the said
Kirk to be faithful, honest and up
right III his relations with the said
street railway company, aud during
all that period. outside OF his work
with said company, and from the
Omaha daily bee., 1919-12-07

over the entire situation again and
find nothing that was misrepre-
sented. I willingly accept the re-
sponsibility for the furloueh and am
entirely willing that the future cor
duct OF the man to whom a furlougf
was granted shall determine the rest
of my judgment. B. K, BUSH f.
Omaha daily bee., 1919-12-07

Through the Long, Weary Months, While Her I'M
prisoned Mate Langushed in His Cell, She Wrote
Him Daily, Visited Him Once Each Week, Labored
Increasingly for Food and Clothing, and Planned
and Prayed, and Hoped and Planned, in Her Fight
to Reclaim Him for Her Own-Her Efforts Were
Not in Vain.
Omaha daily bee., 1919-12-07
Baby Swallows Wrist Watch.

Paden City. ". Va. Dec. 6,--ihe
.'-yeGr-old son OF Mr.. and Mrs. ]. c.
Jones swallowed 4 wrist watch. An
oeration likely will be necessary to
remove the timepiece
Omaha daily bee., 1919-12-07

Fearless Outlaw to Walk Free From Penitentiary
Was That Slender, Graceful Girl, With Big,
Bright Bue-Gray Eyes, Who Stuck Beside Her
Lover Under Murderous Cross Fire of Pistol Bullets
Which Ragged in ths Charnel House When Her
Husbands Gang Was CAPTURED
Omaha daily bee., 1919-12-07
Doubt of Guilt.

The attorneys also discussed
with me the question of doubt of
Mr.. Kinks guilt, particularly with
The Monte Vista journal., 1919-12-13

F. 8. Cole. representing the Edwin
r. Post real estate company Of
Tucson. Arizona, was q business Wis.,
itor In Monte Vista Thursday. Mr..
Cole says they have the finest farm
ing country out Of doors near Tucson
and he expects to return here and
interest those who want to make a
change In location.
The Monte Vista journal., 1919-12-13

MIR. and Mrs. J. w. Winner left on
Wednesday for Longmont. Colorado.
for y visit.
The Monte Vista journal., 1919-12-13

MIR! and Mrs. George Station are
the proud parents Of little daughter
who arrived at their home on Tues
day. the tenth Of December.
The Monte Vista journal., 1919-12-13

Mrs. Gladys Overmyer. formerly
Miss Gladys Davis. came IN on Tues
day to stay the rest Of the winter
with her parents. Mrs. Overmyer
has been in Indianapolis for some
time and was Just married last
Thursday. 1t was nos possible for
Mr.. Overmyer to accompany her at
this time.
The Monte Vista journal., 1919-12-13

Delbert Hopkins was another Wis
itor to the outside world on Thurs
day. He left for st. Louis. Mo-. on
the evening train.
The Monte Vista journal., 1919-12-13

Mr. hilbert Bockhause was an out
going passenger on Wednesday on
his way to st. Joseph. Mo-. for an in
definite stay.
The Monte Vista journal., 1919-12-13

A large quantity Of used gal.
vanized roofing, corrugated
and plain, that we are Offering
at less than half price. Inquire
Monte Vista Hardware Co,
The Monte Vista journal., 1919-12-13

FOR SALE-Ford coupe at Buick
garage.
The Monte Vista journal., 1919-12-13

....House and furniture for sale.
Apply At the
Weiss- Chapman Drug Co.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1919-04-24
THE LAW OF GOOD FORTUNE

"1 am myself good fortune"
This line, by Walt Whitman, is the expression
Of an optimist-not an egotist.
1t is of man who assumes himself part Of
all nature-every animate and inaninate thing.
That all nature is good and to be part Of it
is good fortune.
The universe is the supply and exhibition tenn
pie Of nature in all her expressions.
She gratifies man in the way Of food and
clothing for his body from the fields; she gratifes
his sense Of beauty in the numberess unfolding
flowers of spring. in the trees, the hills the sky,
the sea, the moon and the starry night.
Mans only restriction to his part in all OF
natures gifts is himself!
His restriction is self-restriction, when he in
his greed assumes that he IL all of nature rather
than just part Of it.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1919-04-24

Never swallow a dose labeled Patriotic Dut
until you have learned who put the label there.