Omaha daily bee., 1919-12-20

hearing, was called to the witness
stand by the attorney general.
He was shown a copy of The Bee
for December II and was asked il
he knew who had written the story
attempting to connect the release Of
Kirk with a recent $4,000 robbery
at the Hayden Bros. department
store in Omaha.
Moore denied any knowledge OF
the authorship of the story. 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-
tertiary, was then recalled to the
witness stand.
Tells of Guardian"
In yesterdays 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 hinder
the search for Kirk now being con-
Quoted at the governors 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 guardian 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.
Il did not notice that at the time
said Senator Busllee, but it was
called to my attention later"
81 relied entirely on the state
ments OF Senator Peterson, in whom
| have perfect confidence"
Did you know how Mr.. Peterson
got his letter which was addressed
to the governor"
mo"
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
the bandits in which Detective
Rooney of Omaha was killed.
Confidence in Peterson.
did not that reference prompt
you to make 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
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 Is
months was sufficient punishment.
Can't Give Guardians" Name.
did you attempt to verify Mr.,
Abbott's signature to the letter"
he was asked.
He replied that he did not, but
had done SO since.
Can youe give 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 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 i'll 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 II, and asked if
he knew who wrote the article on
tla K,r1- bo e,,J T., IA $50