Omaha daily bee., 1919-12-05
SCANDAL. over
KIRK FURL0UCH
WILL NOT DOWN
State Officials Stirred-Say
Peculiar Order Of Re-
lease Never Heard of
Before.

that if successful, he, (the attorney,
would receive a mice fat fee"
Lieutenant Governor Barrows,
yesterday acting governor in the ab-
sence of Governor McKelvie, stated
that complete probe of the case
would probably be ordered by the
governor upon his return from Dem
yer.
However, if the procedure leading
up to the release of Kirk proves to
be all right, it will be allowed to
stand, said Mr.. Barrows.
Barrows Starts Probe.
A. probe into Kinks release was
begun Wednesday by Lieutenant
Governor Barrows. Governor Nc
kelvie declared he knew nothing OF
the order effecting Kinks release.
As far as can be learned, Kirk
did not come to Omaha following
his release. He left the penitentiary
in company with his wife, who since
her husbands commitment in prison
has been making her home with her
sister, Mrs. Peter Lesch, of East
Omaha.
Mrs. Kirk left my home on Mon
day to go to Lincoln" Mrs. Lesch
said yesterday. "She has not yet re-
turned, and l haven't heard from
her"
Efforts to learn Kinks present
whereabouts from acquaintance
were to no avail.
According to statute, Kirk had not
yet served the required time in
prison to qualify him for furlough.
He had served Is months of 20
year sentence given him for second
degree murder.
Former Efforts in Vain.
Persistent efforts of his wife and
State Senator Petrus Peterson of
Lincoln to obtain parole for Kirk
were in vain. Last June Kirk was
refused parole by Governor Nickel
vie and also by the pardon board.
Though the order for Kinks re-
lease, written on a "scrap of paper"
was signed by State Senator Bushee
on September 8, Governor McKelvie
or other state officials were unaware
of the case until after Kirk was re-
leased
Unknown, to Attorney General.
Attorney General Davis, when
called by long distance telephone,
stated yesterday morning that the
first he knew Of Kinks release was
the stories in the papers. His
knowledge of the affair is restricted
to that, he said.
The order for furlough, on which
Kirk was released from the peni-
tertiary, had not been seen by Mr..
Davis, he said. As far as ne knows,
the action would stand as it is, he
declared.
From the fact that Governor Nc
Kelvie was in Lincoln at the time
of the release of the man from
prison, Mr.. Davis inferred that no
action toward an apprehension of
Kirk would be taken. The attor-
ney generals office has received no
instructions from the governor on
the case, Mr.. Davis said.
Rooney was killed in gun battle
in a cottage on North Fourteenth
avenue on the night Of January 80,
1918, when detectives discovered the
gang dividing loot taken out of the
Malashock jewelry' company, 1874
Dodge street, in daylight holdup of
two clerks in the place.
Martin, Stone and Mckay were
wounded in the gun fray. Rooney
was shot in the abdomen and died
the next day.
To Constitutional Convention.
Attorney General Davis stated yes
terday that he considered urging the
state constitutional convention, now
in session in Lincoln, to take action
denying the right of appeal in GRIM
lnal cases, were cases are how fire.
quent when prisoners under GRIM
inal charges are paroled before their
cases are entirely settled by court.
This action by the attorney general
comes as the result of the freeing
of Kirk Tuesday.
Commenting on this suggestion
by the attorney general, Lieutenant