Omaha daily bee., 1919-12-20
D. J. Campbell, Lincoln Attor-
ney, Tells Of Offer Of Huge
Sum to Secure Release Of
Omaha Gunman From Prison.
''GANG" REPRESENTATIVE
ANXIOUS FOR RELEASE
Attorney Devoe Explains Rea-
sons for Delay in Releasing
Prisoner-omaba Riot Cited
As One of These.
BY a Staff Correspondent.

by Stan Correspondent.
Lincoln, Neb., Dec. 19.-(Special
Telegram )-Evidence that moYey
was no object to members Of the
Kirk gang" in their endeavor to
obtain the release of Beryl c. Kirk
and Harry Williams was revealed by
two Lincoln attorneys at the after
noon and night sessions of the State
Bar commission probe of the scnsa-
tional release of Kirk two weeks ago
~on a 'furlotgh."
Attorney General Davis expects to
finish the hearing by noon Saturday.
He stated that he had only a few
more witnesses 10 examine, most of
them from Omaha.
Attorneys D. ]. Campbell and
Frank Tyrrell testified that J, they
were approached by men who said
they were desirous of securing the
release of Kirk and Williams and of
fered sums of $4,000 and $4,000 for
their release.
Offered $4,000 or $4,000.
Mr.. Campbell said that a man
named Abbott, giving his address as
general delivery, Omaha, came to
his office and offered him $l0,0O0 or
$4,000. if necessary, to secure the
release of Kirk. Questioned closely
as to the identity of Abbott, he said
that he had lost the memorandum
with his first name and did not know
where it could be found. During
the interview, he said, Abbott fire.
quently referred to the "Kirk gang
and indicated that they would raise
the necessary funds.
Frank Tyrrel testified that he first
heard of Kirk in August, 1916, while
he was serving sentence in the
Lancaster county jail, but that he
had never been approached to rep
resent him in his present difficulty.
He said he was acquainted with
Harry Williams and Sam Stone,
who were also sentenced to 20 years
imprisonment on second degree
murder charge at the same time as
Kirk.
In Criminal Business.
A mai, giving the name of Swim
burn and his home-,as St. Paul,
Mimi. he testified, visited him at
his Office and offered him $4,000 to
secure the release of Williams.
Questioned as to Swinburn's occu-
patton, he said he was apparently in
the criminal business, although ,he-
was not lawyer.
Harry ~Fleharty, Omaha attorney,
was requested to examine the SINH
larity of the type in his brief in
Kinks behalf to the supreme court
and the type used in letter written
by Ray Abbott, who prosecuted
Kirk, which is said to favor his re-
lease. Mr.. Fleharty admitted that
it was possible the letter was written
in his Office
The deputy warden of the state
penitentiary. who has been search
ing Des Moines for Kirk to return
him to the prison, has been recalled
on information received in Lincoln
and ordered sent to MARSHALL
town, la.
Attorney Devoe's Story.
l. w. Devoe of the law firm of
Peterson & Deove, Lincoln at
torneys, who secured the furlough
for Kirk, testified that he first heard
OF Kirk from his partner who told
him of visit to their Office of Mrs.
Kirk and Harry Fleharty. He stated
that they received retainer to pay
for making an investigation of the
merits of the case and not for OBJ
tanning furlough.
iHe told of visit in July to
Omaha, where he discussed the case
with Harry Fleharty and later OF
asking the warden of the peniten-
tiary about Kinks conduct. He said
he told the warden if he could not
recommend Kirk he would drop the
case. He said the warden told him
that he had watched Kirk closely
and that he was a different type
OF man from the rest of the gang
convicted with him. He said that
the warden told him that there was
danger in keeping a man in prison
too long and that it was worse than
letting him out too soon. He said
the warden was of the opinion that
Kirk had learned his lesson and that
he had no connection with the
,ewelry store robbery.
Believed in Kirk.
Il was interested in Kirk, be-
lieved in him and believe in him
yet" said Devoe. * do not believe
he was criminal at heart. believe
it he were not bounded to death
and it he were given half chance
he would make man yet"
He testified that the matter OF
the Kirk parole was taken I'D with
Governor McKclvie and Warden
Fenton at the governors mansion.
where all details of the case were
discussed for two hours one night
and that the governor said he would
tCoasiausd - PAGE HsYh Cslsna o.