Omaha daily bee., 1920-01-07

"bc out of the penitentiary in less
than three weeks" and as matter
of fact, expected to come back to
Omaha on the next train leaving the
state penitentiary after he got there.
Hoye testified that he was the Off
Ger who took Kirk to the pen.
Hoye stated that he had charge of
Kirk and' his gang throughout the
trial in the district court on the
Malashock robbery and Rooney
murder charge, and following the
conviction of Kirk, prisoners who
were close to Kirk in the Jail openly
said that Kirk repeatedly boosted
that he would get out in 4 short
time, within three weeks"
He said he had no definite knowl-
edge of the collection of the fund
to get the man out.
On the train going to the peni-
Tertiary, said Hoye, Kirk repeatedly
asked him if there were not an at
torney on the train, stating every
thing is fixed, and I'll come back
with you and the lawyer on the next
train leaving for Omaha"
Hoye testified that be had been
given subpoena for Mrs. Kirk, but
that he was satisfied she was not in
Omaha, the process being to sum-
mon her to the inquiry at Lincoln.
What Bushee Said.
John L. Kennebeck, reporter for
The Bee, was the next witness. He
said he first heard Of Kirk during
the Malashock robbery and murder
of Detective Rooney, and nothing
after that until the release of Kirk
from the state prison.
On the day following the release,
he said, he was instructed to get in
touch with State Senator Bushee,
and find out what he had to say
about having signed the furlough.
He said he talked to Senator
Bushee over the phone to Kimball.
He said that Mr.. Bushee during
the early part of the conversation
appeared to know little about the
case, but his recollection appeared
to grow stronger as the conversa-
ton proceeded. He admitted that
he had Signed the furlough last
fall" and that he had done so upon
the recommendation of the man as
the statement of Warden Fenton that
Kirk was a model prisoner, and that
he had become satisfied that Kirk
had suffered enough for his crime,
which, he said, he thought at the
time of signing the paper was merely
the charge of "bootlegging."
Did Not Know Of Murder.
Kennebeck stated that he had no
definite knowledge of the Kirk
"slush" fund. but he heard $1,000
had been raised. Shown a copy OF
The Bee containing a story. con-
corning two men who had been ap-
preached to contribute, he stated
that he had furnished the facts, but
requested that he not be pressed to
give the names of the two men, as
the information had been given to
him in a confidential manner.
Pressed on cross-examination
later by Senator Bushee, he stated
that one of the men was an Omaha
waiter, Slim" Graham, who had
been approached by Mrs. Kirk at
Harvey and Fifteenth streets. The
name of the other man he did not
know, he said.
Bushee Attacks Witness.
State Senator Bushee cross-exam-
ined Mr.. Kennebeck, first attempt
ing to get the witness to admit that
he might have been mistaken in
understanding over the telephone
that he (Bushee) had said he
thought Kirk was charged only with
"bootlegging."
Kennebeck replied that he not
only was not mistaken, but that the
statement had been perfectly plain
and clear, and that his report of it
had been made Immediately after
hanging up the telephone receiver.
being correct transcript of his
notes before they were more than
few minutes old.
Mrs. Kinks Disclosures.
The disclosure of Mrs. Kirk was
related by the next witness, Taylor
Kennerly, managing editor of The
Bee. -
He stated that he had been con-
nected with The Bee about IA
months. $50. "a..
About the 1st of July. he stated,
Mrs. Kirk was brought into his Of
fee in The Bee, she having ex-
pressed a desire to have an interview
for. the purpose of begging him not
to oppose her efforts to get Kirk
out of the penitentiary.
At that time, testified Mr.. Ken
nerly, he was not familiar with the
Kirk case, as the Malashock robbery
and the murder of Detective Rooney
had occurred before his advent on
The Bee. ...
Didn't Know Her Own Mind.
She said, stated Mr.. Kennerly, that
she expected to get Mr.. Kirk out
soon. She said that State Senator
Bushee and other men were inter-
ested in the case and that she already
had raised nearly $1,000, but had to
ge. more. She stated that Attorney
Harry Fleharty of Omaha had been