Omaha daily bee., 1909-08-26
STAY IN KIDNAPPING CASE
Hearing Goes Over in Barclay Case
Until Monday.
CHILD TO JUVENILE OFFICERS
Court VIII Not ALLOW Girl 60
Go to Either Woman Until
After Case f. De-
cided.

KANSAS CITY, Aug. 25.-Msrian Bleak
ley, the 5-year-old incubator baby OF st.
Louis Worlds fair fame, who was kid
mapped at Topeka last Saturday from its
mother, Mrs. j.. j., Bleakley. was today
placed. temporarily in the custody OF the
clerk OF. the Juvenile court at -Kansas City.
An order TO this effect was given here
this forenoon by, Judge e. e. Porterfield
in the circuit court after be had post
.poned until Monday next hearings In the
haheas corpus, proceedings involving Mrs
Barclay and Gentry and until September I
the case OF the little girl .,tr -
There were two habeas corpus proceed
.iBgs on the docket today, both brought by
Mrs. James @. Barclay Of Buffalo. N. Y.
the foster mother of the child One sought
to prevent herself and j. r, Gentry from
being returned to Topeka for trial, The
second sought to prevent baby Marian from
being returned to the custody Of Mrs.
Bleakley. whom the state supreme court
has declared is the legal mother.
Today's proceedings though brief, were
fraught with much interest and were par
ticlpated In by the greatly sought 5-year-
old child and the two women who have
made so strenuous a fight for her possess
sion.
W = ~ pt0GtNuAHkb III TIE Hhbth1
corpus case to prevent Marian being re-
turned to the custody OF her mother at
Topeka came up Frank Walsh, attorney
for Mrs. Bleaklsy, filed an answer In which
It was commended that Judge Porterfield,s
division Of the circuit court lacked jurisdio-
ton. Arguments of this case were then
begun. Mr.. Walsh argued thai as the
supreme court had decided that Mrs.
Bleakiey is the mother of the baby the
lower court had no right TO interfere.
Pleads for Mrs. BIeakIey.
Mr.. Walsh pleaded that the child be
placed Immediately in the custody Of Mrs.
Bleakley. No civilized community, he de-
clared. would permit a child of such tender
age being kept in the matron's room at po-
lice headquarters.
Then e. F. Stanley, a member Of the
city council of Topeka, made an offer to
the court to give a so, 900 cash bond for the
child's safe appearance in court later IL
Mrs. Bleakley was permitted to lave her
until Monday.
To these arguments the attorneys for
Mrs. Barclay, led by John H. Atwood, a
~well-known Kansas politician, made vigor-
GUS objections. They cited the fact that
Mrs. Bleakley herself once kidnapped the
child from Judge rSmart's court room at
Lawrence, Kan, after she had been or
dered to turn the baby over into the GUS
tody Of the court. Thus, they commended,
Mrs. Bleakley was as much a kidnaper as
Mrs. Barclay.
Mr.. Atwood said 1t was impossible that
Marian be taken out Of the courts jurlsdic-
ton at this time. For, he said, Mrs. Bar
clay's attorneys wished to present to the
court the records of previous trials which,
he asserted, showed that Mrs. Bleakley's
baby died soon after birth and the child
now In controversy was not legally hers.
Judge Porterfield then ended the argu-
ment by placing the child in the care of
the Juvenile court and postponing the pro-
ceedings.
During the progress OF the proceedings
today Marian nestled In the lap of Mrs.
Bleakley, who sat just in front of the
judges bench. During Mr.. walsh's argu-
ments for the immediate possession of the
child, Mrs. Bleakley gave way to tears
as she caressed the little one. Mrs. Bar
clay sat unmoved beside one of her attor-
neys in the rear of the room.
Later there was an affeotionate parting
between child and mother as the clerk Of
the juvenile court was given Marian and
led her from the court room. Mrs. Bleak
ley will be allowed to visit her.
Mrs, Barclay and ]. N. Gentry were re-
manded to the custody OF the chief Of po-
lice.
Real Mother an ActressF
Marian Bleakley is not the child OF Mrs.
j. ]. Bleakley or Topeka, accordingto Mrs.
Barclay. Her real mother, Mrs. Barclay
declares, is an actress. fs
Her real mother, Mrs. Barclay declares,
is an actress.
Mrs. Barclay, resting under a charge
OF KIDNAPPING Marian and who has said
she would fight until she died to retain
possession OF the little one. said this morn
ing as she talked TO a reporter in the
matron's room;
IF I thought for one minute there was
a drop Of Mrs BleaKley's blood in the
child, I wouldn't have her for an instant
But I know to whom she belongs. She
was the child Of an actress. And. By the
way, little Marian IL the exact picture Of
her. The strong similarity Of features tC
my mind makes the Identification com
plete.' II we could only, by some legaI
proceedings, get the actress to court there