Omaha daily bee., 1919-12-06
SCRAP OF PAPER
FREE|N c KIRK
INVESTIGATED
Senator Bushee, Who Signed
"FurIough' Order for
Omaha Bandit, Realizes
Seriousness Of Affair.

Senator B. X. Bushee of kimball,
.leb., on whose authority as acting
governor in September during the
absence of Governor McKeivie and
Lieutenant Governor Barrows, Beryl
c. Kirk, notorious bandit leader Of
Omaha, was released from the state
penitentiary last Tuesday, held a
conference with Governor McKelvie
at Lincoln yesterday.
Sensations caused in state circles
at Lincoln by the scrap of paper"
release of the man serving a 20-year
sentence for second degree murder
. brought Mr.. Bushee to Lincoln, cou-
pied with the statement of the gov
ernor that he would probe the free
ing of the criminal to the bottom in
order to get at the facts.
Orders Kirk Arrested.
Mayor Smith yesterday gave Or
ders to Chief of Detectives Dunn to
arrest Kirk if he is found within the
limits of Omaha.
You pick that fellow up if he is
anywhere in Omaha and bring him
in and we'll send him back to the
penitentiary on the robbery charge"
said the mayor to Chief Dunn.
Well see whether he gets out on
'furlough' again.
The mayor declared he would like
to interrogate the men who were
responsible for letting Kirk out Of
the penitentiary.
This 'furlough' ought to have
some limit at least" he said. "a
soldiers furlough is for a definite
time. l have no doubt however,
that Kirk has skipped outside the
state while he had the chance"
Will Investigate Thoroughly.
Governor McKelvie, just returned
from a conference with the govern
ors of Colorado and Wyoming in
Denver, stated yesterday morning
that he had not yet had sufficient
time to consider the criminals re-
lease to warrant a public statement
from him other than that he would
investigate the affair thoroughly.
Senator Bushee declined to make
statement after his conference
with the governor. but said that he
would do so Immediately after an
investigation had been made. He
said he expected to finish the inves-
tigation soon. The governor would
say nothing regarding the confer
ence yesterday.
Immediately on his return from
Chicago and Washington, where he
will confer on fuel problems, Gov
ernor McKelvie expects to call
conference with Senator Bushbee,
Senator Petrus Peterson and War
den w. T. Fenton of the peniten-
tiary. He said the results of the
investigation would be available by
that time and definite action on the
Kirk parole would be taken. He
indicated that in case the parole was
regular he would not order it can
celled.
TOO Serious an Affair"
This matter is too serious an at
fair" Senator Bushee said. Il perfer
to act slowly in the case, and get
at the facts before | will commit
myself"
1t is generally understood in Lin
coin. that Senator Bushee was led
to believe that Kirk was serving an
indeterminate sentence for bootleg
ging, and was not confined to the
prison on murder charge.
Kirk, who was convicted as the
leader Of bandit gang which in Jan
uary, 1918, robbed the Malashock
jewelry store, 1914 Dodge street.
and which killed Detective Rooney
in gun fight at cottage at Four
teeuth avenue and Spencer street
just prior to the capture of the en-
tire gang of six, except one, was
'fur1oughed" Tuesday from the state
prison on an apparently unofficial
order signed by Senator Bushee as
acting governor.
Kirk Has Disappeared.
The bandit leader was fur
Laughed to r. w. DeVoe, Lincoln
attorney, legal partner of Senator
Petrus Peterson, and is supposed to
report to Mr.. DeVoe once each
month.
Detectives visited the home of
Ted Lesch. yesterday morning, in
East Omaha, where they talked with
Mrs. B. c. Kirk. wife of the bandit
who assisted him in securing his re-
lease from the penitentiary.
She declined to give out any in
formation whatever concerning her
husband. other than the statement
that he is not in Omaha.
I Kirk was released from the state
prison late Tuesday afternoon. At
$50 Wednesday morning, he was
seen carrying suit case, with his
wife and another couple, on north
bound North Twenty-fourth street
car, by detective who knows Kirk
and his wife well.
The bandits wife left the street
car at Twenty-fourth and Ohio
streets, according to the detective,
but Kirk remained on the car.
Authorities here believe that Mrs
Kinks leaving the car was merely a
hoax. The officer made no effort
to apprehend the bandit, because at
that time, no orders had been issued
to arrest him if seen.
]. B. Kirk. 1921 Dewey avenue,
father of Kirk, refuses to make any
statement to the authorities concern
ing his son.
Il have not seen him yet" is all
that Mr.. Kirk will saw.
Omaha detectives who arc work
ing on the case are of the opinion
that Kirk left the city immediately
after his arrival here.
An unofficial investigation, in the
absence of Governor McKelvie, was
made by Lieutenant Governor Bar
rows, Immediately upon his knowl-
edge of Kinks release, because of
the fact that there was no record of
the Bushee order" in the COVER
nor's Office.
Warden Eeuton of the mantle,