Omaha daily bee., 1920-01-08
Variance on important Points,
Brought Out Under Close
Questioning by Bernard Nc
Neny, Feature Of Hearing.
GOVERNOR DENIES He
KNEW KIRK'S CRIME
Decision Of Commission
Taken Under Advisement-
Attorney General Apologies
For Absence of Witnesses.
Bv a Staff Correspondent.

Lincoln, Neb., Jan 7.-(Speclal
Telcgram.) - Bernard McNerny.
member of the state bar commission
probing the sensational release OF
Berl c. Kirk from the state peniten-
tiary last month, at the closing ses-
sion of the hearing today pro-
pounded questions to Governor Nc
Kelvic that frequently aroused his
ire and brought out pertinent facts
in the investigation that had here
tofore been overlooked.
Testimony of the governor and
Senator c. Petrus Peterson. attorney
for Kirk, under the questioning Of
Mr.. McNeny, varied on important
phases of the case. as it did with
the previous testimony OF Senator
B. K. Bushee, who was acting gov
ernor and signed the Kirk fur
Tough.
Attorney General Davis apollo
gized to the commission for his fail
ure to have Kirk and his wife at
the hearing and stated that he had
used every possible means to locate
them without success. He gave as
his opinion that a postponement
would avail nothing as he did not
believe they could be located.
e Comment on Bushee.
The activity of Senator Bushee at
the hearing is arousing considerable
comment. The supreme court in
structions fol- the investigation call
for a probe of the actions Of at
torneys in the case, but makes no
mention of the state officers con-
nected with it. Senator Bushee,
however, continues to keep in the
Spotlight" and when the hearing
opened at 2 this afternoon he re-
quested that he be the first witness
called.
He denied that he had ever been
approached in connection with the
case in Omaha and said that the frs:
man to talk with him regarding it
was Senator Peterson on September
s. He Said that if he had ever read of
Kinks connection with the jewelry
store robbery and murder of Detec-
tive Rooney it had been forgotten
when the furlough question was
brought to his attention.
Senator Peterson was called and
testified that he had money de-
posted in but one Lincoln bank,
the Central National, with the pos
sible exception of an account he had
had as administrator of an estate in
the First National.
Show Bank Book.
Attorney Devoe law partner cf
Mr.. Peterson, was next called and
testified that he also did business
with but the one bank and read the
deposits of the firm from June, 1919,
to the present time. He testified that
but $3.50 had been received by them
for their services in the Kirk case.
The largest deposit, $1,000 on July
%, 1919, he said was the return of
money advanced clients to stay off
an execution on a note.
Ed Maggi, former chairman of the
state parole board was called and
explained methods used under previ-
Gus administrations when furloughs
were granted. With the exception
of one case, he said, all applications
were formal. on printed blanks. and
after an investigation had been
made, report was submitted to
the governor. The blanks, he said,
were not prepared for furloughs
and the word "furlough' was writ
ten in.
The practice of granting fur
loughs, he said, started in 1911 and
they were frequently given when
pardons and paroles were refused.
No law provides for granting fur
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