The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-08-27

mother. Mrs. Barclay had legal right
to the child by decisions of the courts
of Illinois and Kansas and that the feel
ing was strong in Kansas against the
defendants
Attorneys for Mrs. Bleakley charged
that assault, kidnapping and burglary
had been committed, and aff1davits were
introduced showing that a fair trial
would be given IT. Kansas. The decision
will be announced within few days.
Governor Stubbs' Appeal.
Governor Stubbs today did a rather
unusual thing when he telephoned to
Governor Hadley at Jefferson City urg-
ing the Missouri governor to honor the
Kansas requisition papers for the re-
turn of RS. Barclay and Joe Gentry,
the incubator baby kidnaperS to this
state for trial, but the circumstances
in the case warranted the governors
action.
Yesterday a representative of the
Barclay interests sought to secure evil
dence in Topeka to show that there
was danger of mob violence against the
ebductOrs if they were brought back to
Kansas for trial. This evidence was to
be used in Jefferson City today in the
hearing before Governor Hadley in the
matter of the requiSition.
Governor Stubbs told Governor Had
ley today over the phone that there
was not the slightest danger of mob
violence here against the abductors of
the incubator baby nor was there any
inf1amed sentiment that would tend to
influence the courts in the trial of the
case.
Gov Stubbs added that he hoped
the Missouri governor would see fit
to honor his (Stubbs) requisition
and send the prisoners back to Kan
sas to answer for their crime against
the laws of this state; that, placed in
q similar position to Gov. Hadley in
this matter, he would not hesitate to
honor a Missouri requisition for
criminals with such a plain case
against them.
The personal appeal by Governor
stubbs in this matter viii likely have
it's influence in the reQuisition hear
ing before Gov. Hadley today.
The requlslt1on question is being
argued before Governor Hadley to-
day.
Mrs. Barclay Is Free.
Kansas City. Aug. 27.-Mrs. Stella
Barclay held here on charge of kid
naping five-year-old Marian Bleakley
at Topeka, Kansas, last Saturday, was
released last night from custody on So
600 bail furnished by Stephen H. Vele,
a Kansas City business man.
The necessary papers were approved
late last night by Judge E. E. Porter
field Of the circuit court and Mrs. Bar
clay was at once released from the
matron's room at police headquarters
where she had been held since her ar
rest Saturday night.
The woman and her husband. James
G. Barclay. went at once to the unio
station where they boarded a train for
Jefferson City shortly before midnight |
Their purpose in going to Jefferson !
City is to try to prevent the issuance
of requisition papers for Mrs. Barclays
return to Topeka for trial They will
be present when a hearing on the ap-
plcation for a requisition is held be- |
fore Governor Hadley today.
Vx-rae rer1rv1 7cr1N %1,1l
amount of the bond but Judge Porter
field finally yielded to the entreaties OF
the woman's counsel and fixed the
amount at SO, 900.
illinois, executor of the estate of John
Deere. the millionaire immplement man
ufacturer, arrived in Kansas City to lead
Mrs. Barclays legal battle for posses
sion of the child and against extra |
dition to Kansas.
He has represented the woman in all
of the numerous legal actions which |
have grown out of the controversy over
the possession of the famous incubator
baby
The incubator baby has now been in
litigation for more than five years and
the records of the case, which are most
oldest of legal entanglements. The
chronology of the case as gathered from
Mr. Peek's data follows:
April %, 1e04-The baby is taken from
field in st. Louis and received as the
first exhibit in the Baby Incubator
Show at the St. Louis Worlds Fair.
October. 1904-Mrs. Stella Barclay, |
whose husband is in charge of tho John
Deere exhibit at the worlds Fair, de-
cides to adopt the baby. after learning
that it will become a public charge
after the close of the Worlds Fair.
Talks to her husband about adopting
the baby and he agrees. stipulating,
however, that she must ascertain the
identity of the babys parents and OBJ
tain their consent.
A few days later Mrs. Barclay con
suits with the management of the In
cubator Baby show and finds that the
only clew to the identity of the baby
parentage is in a remark passed by a
visitor. who said that it was a Mrs.
Bleakiey's baby
During the last week of the Worlds
fair. Mrs Barclay calls on Mrs. Mer-
rifield and asks for the identity of the
baby's parents. Mrs. Merrifield at first
reluctant, finally tells Mrs. Barclay to
go to Lawrence. Kan. and seek the
daughter of Ora Thompson.
Early in November. Mrs. Barclay en-
gagged an attorney to draw up papers
of adoption anu with these sent a man
to Lawrence and found that the daugh-
T-