Omaha daily bee., 1919-12-20

nothing of Kinks release until hi
heard about it the following day
December 8.
He said he then called the warder
to secure enough information OF
which he, could base an entry in tht
records at the governors office.
Formal application for pardons
and furloughs were usually filed anc
kept in a separate envelope in the
governors Office, he said
He said the subject of furlougt
was seldom opened without lorna
application to the governors Office
In this case, he said that he had
never seen formal application.
| Defends Furlough Practice.
Discussing furloughs Mr.. Pres.
son said that they were often pre-
ferable to discharge because they
enabled the state to keep and hold
jurisdiction over the prisoner and
call him back to prison in case re-
ports of his conduct were not favor
able.
w. H. Antics, secretary of the
Department of Public Welfare, was
called and stated that he was at the
penitentiary at the time of Kinks
release. He said Mrs. Kirk came
in and he asked E. M. Johnson who
she was. He testified that Mr..
, Johnson told him that she was Mrs.
Kirk and that she had release for
her husband signed by the acting
governor. He stated that he had
never seen the order for a furlough.
He said he had never talked with
Warden Fenton about the case until
recently and then only over the tel
ephone.
Governor Recalled.
Governor McKelvie was recalled
ard stated that Senator Bushee had
returned to his home before he got
to see him after he returned from
his vacation. He said that Senator
Bushee returned about 10 days later
and they discussed the furlough
briefly and that Senator Bushee said
there was nothing wrong in grant
ing the release. He stated that he
took the senator's word and thought
no more about the matter until a
few days later when Mr.. Devoe
spoke about it and asked him if it
was all right.
Il told him it was all right, that
Mr.. Bushee was responsible" said
the governor. He said the CONVEX
sation took place in his office and
that it was very brief as he was very
busy at the time dealing with the
coal shortage and other important
matters.
The governor stated that he had
never seen the report of Mr.. John
son on the Kirk case. He said he
ordered the report drawn but was
away from his Office a good deal
and it did not occur to him to ask
for il as he expected it would be
brought to his attention in the reg
ular way. He said he was away
from the Office great deal during
September and October, speaking at
county fairs.
Orders Return of Kirk. 49,
He explained that he had ordered
the warden to get hold of Kirk and
return him to the penitentiary last
Monday. He gave as the reason for
this order that he thought with the
public interest being manifested and
the prominence being given to the
furlough it was best to recall him
and start action over again. He
stated that his action was no rehec-
ton on Senator Bushee or anyone
else. .r.. -.
Questioned il he knew anything
about Kinks whereabouts, he said
that Kinks attorney said he was in
Des Moines.. @ ia
The governor denied the state
ment of Senator Bushee that lie
talked with him about Kinks where
abouts and said he did not tell him
Kirk was in Des MONIES.
Johnson and Antics Surprised.
James O'Conner, chief clerk and
principal Of schools at the peniten-
tiary, said he first learned of Kirk
furlough on the morning of his re-
lease when the deputy warden told
him to get Kinks clothing ready, as
friends would some for him in the
afternoon. He said that the warden
and deputy warden had authority
to honor the paper and that Mrs.
Kirk came after him about 3.
He testified that Mr.. Johnson and
Mr.. Antics were there and Mr.. John
son asked, "Wherc did he get it?"
He said both men appeared to be
surprised when informed that the
furlough was signed by Acting Gov
ernor Bushee, but did not say any
thing. ....
Mr.. O'Conner stated that it was
the first time he had seen furlough
not signed by either the governor
or the lieutenant governor. He said
it was not unusual for orders to be
received on other than official paper
and without the state seal and it did
not arouse any suspicion.
Warden w. T. Fenton said the
first he heard of an attempt would
be made to secure a furlough was
last July when Senator Peterson
visited the penitentiary to interview
Kirk. He said Senator Peterson