Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1920-09-18
Wins First
Victory In
Legal Fight!
Attorney for Furloughed
Omaha Cunman Begins Bat
tie to Prevent Return of
Client to Penitentiary.
Hearing Is Continued

Beryl c. Kirk, OmahY gunntaw,
under arrest in Des Moints, won the
first victory i'll the legal battle to
have him returned to the Nebraska
pcnitentiary when the habeas corpus
hearing, held yesterday i'll Des
Moines, to secure his release was
continued until September q.
, Bonds for Kirk were fixed a
$4,000. Kirk was removed. TO the
county Jail in Des Moines until ms
bond is furnished. Earl DeFord,
attorney for Kirk. stated yesterday
that his client would have the neces-
sary bonds by Monday.
Kirk was arraigned before Judge
Sellars in municipal court i'll Des
Moines yesterday on two charges
fugitive from justice ana grand lar
Ceny.
Kirk is alleged to have jumped d
$1,000 bond after he was arrested
for stealing an automobile in Lin
coin just before the Malashock Jew
elry robbery, according to the grand
larceny complaint.
Two Complaints Presented.
The complaints against Kirk were
presented to the court by Assistant
Attorney General Hendricks OF
Iowa, who is, representing the state
cf Nebraska. The complaints were
signed by Jack Brophy, Des Moines
detective chief.
Most of the days hearing was
spent in a continuous legal wrangle
between opposite counsel as to
whether Kirk should be held in iail
with or without bond.
Attorney Hendricks for the state
made motion that Kirk be kept in
Jail without bonds, but his motion
was bitterly assailed by Attorney
DeFord, who was cautioned by
Judge Sellars against his loud talk
ing. DeFord shouted several times
that Kirk was victim Of a state
political battle and that he was
playing the game on the square"
since his release from prison.
Kirk was guarded by several de-
tectives while in court. He kept his
eyes constantly on Judge Sellars.
Bonds Set at $4,000.
DeFord scored his first victory
when he persuaded Judge Sellars to
fix bonds for Kirk. which were set
at $4,000 on the fugitive from Justice
charge and $1,000 on the grand lar
ceny charge.
Il am we'll pleased with the de-
cision of the court" said Kirk when
informed of the bonds. | made no
attempt to remain any long dis
tance from Omaha. | will put up
hard battle before l let them take
me back
Kirk would not discuss in length
the nature of his "furlough". which
has caused a stir among Nebraska
politicians.
An extradition hearing for the re-
lease of Kirk to Nebraska officials
will not be held until the return of
Governor w. L. Harding, who is
expected back in the Iowa capital
about September q, the date OF
the llabeas corpus hearing.
Gus Hyers, chief law enforcement
officer of Nebraska, and Deputy
United States Marshal Tom Carroll
of Lincoln, who have been in Des
Moines to secure Kirk. are expected
to return to Lincoln this morning,
Des Moines officers said last night.
Kinks Attorney to Lincoln.
Kinks attorney left Des MoineS
last night for Lincoln, where he
hopes to gather additional evidence
to prove his clients release from
prison was legal and regular. de
spite the hue and cry raised by
partisans' influence.
Attorney Hendricks stated yes
terday that Governor McKclvie.
Senator B. K. Bushee. c. P. Peter
sen and Robert Devoe, all of Lp-
coin, would be called 10 Des Moines
to testify at the extradition and
habeas corpus hearings.
AccordiAg to friends of Kirk, the
Omaha gunman does rot intend to
flee. but intends to battle the state
of Nebraska before he is returned TO
the black walls of prison.
The court room in the new Des,
Moincs police headquarters was
crowded to its capacity. Police OF
ficers were stationed at every en-
trance and every person admitted
to the court room was carefully