The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-11-11
FIGHT FOR A BABY
Incubator Case Now in the
Federal Court.
Mrs. Bleakley Ordered to Pro-
duce the Child Here.

The fight to secure possession of the
famous incubator baby has now been
transferred to the United States circuit
court under habeas corpus proceed
ing brought Mr.. and Mrs. James u
Barclay, who with Mrs. Charlotte
Blealsley are fighting If need be to the
United States supreme court to estap-
l1sh their respective rights.
The application was made to Judge
John c. Pollock on Saturday afternoo q
and not until late in the evening dld
Frank Flennikin, United States deputy
marshal succeed in serving the papers,
Mrs. Bleakley finally being found AT
1924 College avenue, half block from
the Washburn college campus. Under
the direction of Judge Pollock Mrs.
Bleaklev is cited to appear In court on
November Is at 2 o'clock and there es-
tablish her claims to the possession Ct
the little 4-year-old girl over when
such fierce battle has been fought. The
Incubator baby case has been tried
both in the state courts of Kansas ana
Illinois. The Kansas supreme court
awarded the custody of the child to Mrs.
Blealxley who claims that she is the
mother, while the appellate court OF IL
linois gave the child into the charge or
Mr.. and Mrs. James G. Barclay, VINO
at present reside in the state OF new
York. Both of the parties who nave
been struggling for the possession or the
little 4-year-old girl have at one time
had the child in their care for con-
length of time only to have
it snatched away by the other through
some trick or ruse.
During the ST. Louis exposition Mr.
and Mrs. Barclay were in charge or an
which was in the incubator concession
The baby had been born early IN the
year of 1904 in a hospital In St. Louis
and for time its life was deSpalred Oh
Ir1f h1rvv
it to one of the incubators the phYs1-
clans kept the babe in existence ana
after continued careful attention II
commenced to grow strong. Inc mans
given to the child at this time was Eoitn
Brown a nurse stating to those In
charge of the incubator concession that
this was the rightful name, though "a
ter the Barclays were informed py the
same nurse that Charlotte Bleakley OF
Kan, was the mother ana
that the child had been porn feDruaFS
l5, 1904
Mrs. Bleakley had been told by the
nurse that the child was dead but the
Barclays in the course of their CONVEX
sation with the nurse We're told as mas
been stated that the child was Mrs
In November they sent an
attorney to Mrs. Bleakley and persuad-
I'd her to sign deed of adoption,
though not admitting that the child
was hers, but in order to aid them in
oarentage from the hands of the nurse
n whose charge 1t was.
At that time Mrs. Bleakley seemingly
vas not sure whether the baby was
lers, believing in a way the story of
ne nurse that the child was dead. The
inal adoption by the Barclays took
1lace on November 8, 1904. In December
he Barclays removed to Omaha and in
January, 1905, to Moline, Ill. In May,
eos. the Goth, Mrs. Bleakley filed Pc
ition in the circuit court of Rock Is
and, ILL.,, asking for possession of the
oaby. It was claimed that the papers
# adoption were Illegal on technical
ty and under a writ of habeas corpus
he baby. was produced into court. The
,ourt declared the adoption papers void
md gave the child into the hands of
Mrs. Bleakley. The Barclays took an
appeal to the appellate court of the
same state. Then it is complained that
he Barclays discovered that Mrs.
3leakley was not really the mother of
he child and introduced this testimony
nto the case.