Omaha daily bee., 1919-12-20

He said there was no danger in fur
loughs of this character, as the
number who violated their parole
was very small compared with the
number who were benefited and be-
came successful.
Harry Fleharty of Omaha was
called and said that he had known
Kirk for three years and defended
him at the time of his trial in the
| Douglas county district court. On
the appeal to the supreme court he
said Ben Baker of Omaha assisted
him.
He told of a visit to his Office
made by Mrs. Kirk to inquire what
steps to take to get furlough and
said that she requested him to &C
company her to Lincoln and intro
duce her to Senator Peterson. He
said that she desired to secure the
help of Senator Peterson as he had
secured the furlough for Frank Sim
clair. He denied that he had any,
thing to do with the retaining Of
Mr.. Peterson. Asked if he made a
practice of securing releases of con-
victs. he stated that he did not as
he did not have enough drag with
the administration" ...
On the trip to see Senator Peter
son, he said, he took the brief filed
in the supreme court and denied that
he carried other papers in the case,
including an affidavit signed by Mr.
Musgrave of the Omaha and .Coun-
Gil Bluffs Street Railway company
and letter written by RAJ Abbott,
formerly of the county attorneys Of
fee and prosecutor of Kirk. The
Abbott letter he said was never in
his possession although he advised
Mrs. Kirk to see him.
Style of Type.
Attorney General Davis then
called Mr.. Fleharty's attention to
the style of the type on the type
writer used to write the brief, which
was similar to the type used in the
Abbott letter. Initials used on the
bottom of the Abbott letter, he said,
were similar to those useed by
stenographer who had worked for
him. He gave her name as Ruth
Walker and admitted that it was
possible that she had written the
letter. 'He also admitted that he
knew of Abbott's view but was not
sure Of the contents of the letter
Miss Walker will probably be
subpoened to appear at the hearing
Saturday.
Referring TO the conference with
Senator Peterson Mr.. Fleharty said
that the senator refused to take a
retainer from Mrs. Kirk to secure
her husbands release from the pen
itentiary, but said he would take a
retainer to examine the record.
Questioned as to the fee he re-
ceived, Mr.. Fleharty said that he
charged $1,000. He said he had al
ready received $500 of this amount
and $3.50 for expenses and court
costs. Five hundred dollars he said
was still due.
Robert Smith, clerk of the Doug
las county district court, testified
of the manner in which he kept his
RECORDS and said that the only time
the bill of complaint left his Office
was when it was taken out by the
law firm of Baker & Ready, and that
it was receipted for in the regular
manner.
Interview by Telephone,
Victor Smith, World-Herald re-
porter, testified that he first heard
about the Kirk release December 3.
The statement in the World Herald,
credited to Senator Bushee. 81 did
not know Kirk was held fer murder.
My impression was that he was a
bootlegger," Smith said he received
over the telephone His converse
ton with Senator Bushee was un-
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