Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1919-12-07
KIRK FREED
ON LETTERS
OF OMAHANS
Senator Bushee Says He
Signed "Fur|ough" on Advice
Of Former Deputy County
Attorney Abbott and Others.
JUDGE SEARS DEMANDS
PROBE BY STATE BAR

Asserts Lawyers Owe it to
Public to "Get to Bottom" of
Case-Ray J. Abbott Denies
Writing Letter to Senator.
Lincoln, Dec. 6.-(Special) De
clining to give out statement until
after he had made a thorough in
vestigation into the matter of the
furlough of Beryl Kirk from the
state penitentiary on a written order
signed by himself September 8, Sem
ator B. X. Bushee of Kimball, who
as president protein of the senate.
became acting governor in the alb
sence of Gov. S. R. McKelvie in
Chicago and Lieut.. Gov. P. A. Bar
rows in Ohio, gave out a statement
this afternoon after spending two
days in looking into the matter of
the furlough.
Recommended Release.
He shows that the release of Kirk
was recommended by Ray ]. Abbott,
attorney of Omaha, who said that
he had discovered that Kirk was
not present at the time of the rob.
berry of the Malashock jewelry
store and his only connection with,
the gang which did the shooting
which resulted in the death of Of
tlcer Rooney, was in allowing them
to use his house.
He shows an affidavit from Sher-
tift Clark, testifying to Kinks good
habits; one from William M. Mus
grave of the 0. c. B.. street rail-
way, and signed statement from
Warden Fenton, giving his belief
that II given chance Kirk would
make good.
Fails to Explain.
In his lengthy statement, appar-
entity indicating a thorough under
standing of the case and the crime
tor which Kirk was convicted and
put in prison, Senator Bushee fails
to explain two points that have
greatly mystifed the public:
His statement fails to give a rea-
son for the great lapse of time be-
tween the date the "furlough" was
signed and the date it was presented
for Kinks release.
The release was signed September
and was not presented to the
PRISON warden until last Tuesday.
The, reason for this delay and the
fact that the lapse of time might
| have caused some doubt as to- its
legality, or the advisability Of its
not being honored, are not COM
mented upon.
A further point not mentioned
concerns the early report from Lin
coin to the effect that it was under
stood Senator Bushee signed the
turlougll under the impression that
Kirk was charged merely with boot
Logging. and that he did not UNDER
stand the conviction was on the seri-
Gus charge of murder.
! Has No Apology to Offer.
Senator Bushee will stand pat"
on his act and has no apology to
otter. lhe statement is as fol-
lows:
For the last two or three days
there have been published a num-
Der OF statements and articles rela-
tive to the Kirk case in which I
| signed furlough while acting gov
error. So far no statements have
been made OF the facts which were
before me when | acted and on
WHICH my action was based. | feet
JUSTIFIED in stating these facts, not
as az apology, but that the public
may know the full facts in the case.
Case Presented by Devoe.
The Nirk case was presented to
me by Peterson & Dcvoe, who ap-
| peared as attorneys for Kirk. Thev
made statement covering the en-
tire case, together with some letters
which | will refer to later herein.
nave taken the pains to come to
Lincoln TO go over the entire sitla-
ton again and satisfy myself as to
.he entire case. | had before me a
~ " tiiS dtlOlHSS WHO pros
ecuted Kirk in the district court ar
Omaha, Ray J. Abbott. That let
ter, winch IS now in my possession.
reads as follows:
, Omaha. Neb.. July "a, 1919.
Hon. Gov. Samuel r. McKeIyie.
My Dear Governor:
Al the time OF the trial of Beryl
I: Kirk for completely in the killing
OF Frank Rooney, | was chief deputy
county attorney of Douglas county.
Nebraska, and was assigned with L.
J. Patti to prosecute all these cases.
Since that time have learned
that Mr.. Kirk was not at the rob
berry of the Maloshock jewelry store
during the afternoon preceding the
killing. ! have also learned that Mr..
Kinks only connection with this
gang was allowing them to use the
house at various times, and do not
believe that he knew the purposes.
for which the meetings were held. /
think he should be punished for his
part in this affair. but am convinced
Continued on Page Eleven, Column Two)