The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-08-25

| of Mrs. Bleakley, who sat just in front
of the judges bench During Mr..
Walsh'S arguments for the immediate
possession of the child, Mrs. Bleak
ley gave way to tears as she careSSed
the little one. Mrs. Barclay sat un-
moved beside one or her attorneys
in the rear of the room Later there
was an affectionate parting between
child and mother, as the clerk of the
Juvenile court was given Marian and
led her from the court room. Mrs.
Bleakley will be allowed to visit her.
Mrs. Barclay and J. n. Gentry were
remanded to custody of the chief OF
police.
There We're two habeas corpus pro-
ceedings on the docket today, both
brought by Mrs. James G. Barclay of
Buffalo. N Y, the foster mother of
the child. One sought to prevent Mrs.
returned to Topeka for trial. The sec
ond sought to prevent Baby Marian
from being returned to the custody
Of Mrs. Bleakley who the state SUI
preme court has declared is the legal
mother.
Today's proceedings, though brief.
were fraught with much interest and
were participated in by the greatly
sought five-year-old child, and the
two women who have made so stren-
uous a fight for her possession.
May Stay With Child.
Mrs. Bleakley will be allowed to go
to the Trigg home and see her baby
and be with it day and night.
Chief of Police Eaton, Deputy Sher-
iff Ben Judkins, Attorney Atchison, At
torney Bollinger and Miss Kate
Thompson, all of Topeka, were pres
ent as witnesses.
Mrs. BIeakley looked plae and worn
when she came to the court room to-
day with her baby. but she was brave
and hopeful The baby's eyes were
red as though she had been crying. ].
w. Belnapp, a relative of Mrs. Bleak
l.y, who defended the child at the
home Saturday, was in court with the
bandage around his head.
The court room was crowded with
spectators and there was deep inter
est in the affair.
Mrs. Barclay was there in blue
tailored suit, and she looked well and
determined. She has three of the best
attorneys in the west, and will fight
the case all the way through. These
lawyers served notice today that they
will take dispositions in Moline, ILL.,.
Lawrence, Kan, St Louis, Mo-, and
Topeka, Kan, to prove that Mrs.
Bleakley's baby was born dead and
that therefore she is not the mother
Stanley might have gotten possession
of the baby today if Atwood had not
called to mind the fact that Mrs
Bleakley kidnapped her own baby un-
der the nose of Judge Smart of Law
renee.
Reopens Requisition Hearing.
Kansas City, Aug. Ex-Governor
H. S. Hadley has granted a rehear-
ing to Mrs. Stella Barclay, foster
mother of the incubator baby, and ].
NJ. Gentry, a detective. on the requisi-
tion secured by Kansas officers. The
hearing is to be Friday morning
Pending it's result the habeas corpus
cases affecting these two persons and
also Marian Bleakley, the child, were
continued when they were called in
Judge F. E. Porterfield's division of
the circuit court this morning.
Should the governor, after a hear
ing. decide to recall the requisition
already issued for the return of Mrs.
Barclay and Gentry to Kansas, they
would go free. The offense of which
they are accused was committed in
Kansas, and they would have to be
returned to that state for trial. Fail
ure on the part of Kansas officers to
secure authority to take them back
to that state, however, would leave
Missouri police without right to hold
the two prisoners.
In case the requisition is recalled
the attorneys for Mrs Barclay will
dismiss their applications for a writ
of habeaS corpus.
If however, the reQuisition is al
lowed to stand, the habeas corpus
case will be fought out here, as Mrs.
Barclay will resist being taken to
Kansas for trial.
No matter what disposition is made
of this case, the habeaS corpus as to
the child will be taken through the
Missouri courts in order to establish
for the third time who should have
the custody of her
THAT. after all. is what we are try
ing to get at in this matter" said
John H. Atwood, of counsel for Mrs.
Barclay.
Under the section of the statutes
which requires the prosecuting at
torney to appear for arresting Of
ficers in habeas corpus proceedings,
w. S. Gabriel assistant prosecuting
Yes, that's about it, he said, that
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