Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1920-01-08

ssumed the responsibility in grant
ng them. D..
McNeny Examines Governor.
An attempt was made on cross
Examination to have him testify
hat furloughs were frequently
rranted without formal application,
but he refused.
When Governor Mckelvie was
Failed, Bernard McNeny OF Red
Cloud conducted the questioning,
md OIL several occasions the gov
rnor lost his temper.
The governor testified that he
vas under the impression that Kirk
was imprisoned for robbery and not
murder. He stated that he received
his impression during half-hour
ak with attorneys Peterson and
pevoe.
Que STONED closely on this con-
kersation by Mr.. McNeny, the gov
krnor testified that he didn't re-
member what was said in regard
10 the nature of Kinks crime. He
admitted that he did not inquire
pecifically of the crime as he
Manned having an investigation
nade.
Did Not Know Sentence.
Asked II he did not consider it
ather careless not to inquire, when
man was sentenced to 20 years in
he penitentiary. he answered that
he did not remember of knowing
he sentence as he was not making
he inquiry personally.
He stated that at the time he
vas busy and not taking the init
tive in the case. The governor
aid he turned the probe over to
M. Johnson and knew nothing
bout Kinks record 1t he knew of
Sirk's participation in the Omaha
Frime at the time he said he had
forgotten it when the furlough
question came up.
The governor. testified that he was
bf the impression that Kirk, did
hot participate in the robbery and
hat he knew nothing of the murder
when he ordered the investigation.
Attempt to Place Blame.
Mr.. McNeny remarked that it
vas strange that he knew nothing
IL the facts of the case after a
half-hour conversation with Peter
on and Devoe.
II fear you credit me for not hav-
ng very sound business judgement"
he governor said.
Someone is to blame and we
want to know whether it is you
br someone else" Mr.. McNeny re-
blied.
The governor testified that six
weeks elapsed after his converse
ion with Peterson and Devoe.
when, ON returning from the east,
he furlough was called to his at
ention by Senator Bushee. He said
hat few days before Attorney
Devoe had spoken to him of it in
passing way, but that he thought
nothing of it and said that SEN
htor Bushee was responsible for
lis actions and that anything he
lid was all right.
Dids,Not Approve Release.
Senator Bushee had previously
testified that the furlough was to
be approved by Governor McKelvle
before it was presented for Kinks
release.
The governor said he did not
know a murderer had been released
Ind when Senator Bushee told him
pf his action he told him it was all
Fight as he (Bushee) was RESPONSE
Bile. He said he had forgotten all
hbout ordering Mr.. Johnson ia make
report and told Senator Bushee>
nothing about it.
Senator Peterson when recalled
testified that Mrs. Kirk had never
mentioned Senator Bushee to him
br he to her in any conversation.
Explained Kinks Crime.
He insisted that he made it plain
10 Governor McKelvie the nature of
Kinks crime. He said he and his
partner and the warden of the pen
tentiary all told the governor Kirk
was sentenced for murder.
The Johnson report was never
spoken of again between him and
HE governor, Mr.. Peterson said.
He explained this by the fact that
he considered it personal report.
He said he never told Mrs. Kirk of
The furlough until just before Kinks
release, as he wanted the governor
10 know of it.
Mr.. McNeny asked Senator Peter
son if he thought it possible that
he talked with the governor half an
hour and he would not know Kirk
was sentenced for murder The SEN
ator replied that he could not tell
what the impressions of the COVER
nor were. He said that most of the
time was spent in reading state
ments and considering new testi-
mony and it was possible he did not
Emphasize the fact that Kirk was
sentenced for murder. He was pos
Five, however, that he told the gov
ernor the nature of Kinks crime.
A. P. Nickerson. state bank ex-
aminer, testified that he had ex-
amined the depositors' ledgers in
all Lincoln banks and that Peter
son & Devoe had accounts in but
one, the Central National.
Facts Not Discussed.
Attorney General Davis spent Is
minutes at the close of the hearing
in discussing the law bearing on.the
case. He contended that the sys-
hem of granting furloughs is illegal.
f. c. Strobe, attorney for Peter
sou & Devoe, spent 20 minutes in
discussing the case. He contended
th, action was legal and if it was
not, all other attorneys general had
placed wrong Interpretation on
the law.
Neither the attorney general nor
Mr.. Strobe discussed the facts
brought out in the case.