The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1909-09-01
REAL MOTHER Of
INCUBATOR BABY
SCORES VICTORY
Foster Mother Must Return
to Kansas to Stand Trial
for Kidnapping.
MISSOURI GOVERNOR HOM0Rs
REQus|T|oA FROM KANSAS


the Child Not Involved In the Pro.
cecdfngs Relative to the Criminal
Charge Against Foster Mother.
Kansas City, Sept. Mrs. Stella c.
Barclay, foster mother Of Marian Rob
erta Bleakley, the incubator baby,
must go back to Topeka to be tried
on a charge of kidnapping the child un-
less her lawyers can find some legal
means of keeping her this side of the
Kansas line. ]. F. Gmelich, acting
governor of Missouri. honored yester-
day the requisition of Gov. Stubbs of
Kansas for the return of Mrs. Bar
clay and John w. Gentry to Topeka.
Gentry Is private detective employed
by Mrs. Barclay, who helped her take
the baby from the mothers home a
week ago yesterday and flee across
the Missouri line into Kansas City.
The police must hold Mrs. Barclay
and Gentry until they are delivered
IN my court Monday morning at 10
o'clock for the habeas corpus hear
ing. said Judge E. E. Porterfield last
night. "The requisition does not lie
until after the hearing. This hear
Ing Is to determine whether or not
these persons shall be given their lib
erty. The case has no bearing upon
tne disposition of the baby, Marion,
| Whether she shall be taken back to
Kansas or not will be decided in my
court September T."
Subject to Rearrest Then.
Frank Walsh, attorney for Mrs.
Bleakley, said last night:
The status Of the case lust now ia
this: Governor Stubbs of Kansas
has issued a requisition upon Cover
nor Hadley for the return to Kan
sas of Mrs. Barclay and Gentry. Act
Ing Governor Gmelich has honored
the requisition, but the persons named
in the requisition cannot be taken
from the, state until after the habeas
corpus proceeding is decided If
Judge Porterffeld should give them
their liberty they would at once be
subject to rearrest, when the requisi-
ton papers would be served upon
them"
A Negative Answer to Her Plea.
After Mrs. Barclay and Gentry were
arrested last week they asked permls-
sion to go to Jefferson City and con-
Ter with the governor. The habeas
corpus proceedings were heard by
Judge Porterfield and the request was
granted. Mrs. Barclay went to JEFF
ferson City and the granting of the
requfsition yesterday was the mega
tive answer to her plea that she be
allowed to stay in the state of Missou-
ri and contest for the possession of
the child here.
II believe that this starts the real
trouble of the kidnapers," Inspector
Boyle said last night. "I can't see
how Judge Porterfield can do other
wise than dismiss the writ of habeas
corpus Monday. When that is done
there will be sheriffs from Topeka in
the courtroom ready to take Mrs. Bar
clay and Gentry back to Topeka.
There Mrs. Barclay will lave 20
stand trial on charge of kidraplng,
| while Gentry will have to fa,e a
charge Of kidnaoing and one of as
sault"
Mrs. Barclay Loses Hope.
Mrs. Stella G. .iarciay's eyes were
moist as she sat ~ the office If In
spector Edward p. Boyle, at police
headquarters last night. Once in a
while she tried hard to smile, but the
lips refused to mold themselves into
an expression of confidence, even Of
hope.
Mrs. Barclay was in Boyle's office
last night in answer to telephone
call from the inspector telling her
that Acting Governor Gmelich had
honored the requisition. Her husband
had accompanied her to the station,
but he had left soon afterwards to
catch train back for New York
where business called him. Mrs.
Barclay was left alone, defeated after
her fight of week ago to get the
child to Missouri soil SO that she
fight through the courts for the DOS
session of the girl.
In the room with Mrs. Barclay was
]. N. Gentry. He paced the floor,
smoking many cigarets with a ner-
vousness that displayed a fear of
events to come. An hour before he
had been confident, smiling. He had
said to the detectives that he had
nothing to fear.
II won't say word" he exclaimed
last night.
Mrs. Barclay stood by the inspec-
tors desk. leaning slightly upon 1t.
She did not appear interested in the
scene. Something else was occupying
her mind. Perhaps 1t was the thought
that tomorrow she was to go back to
Kansas, the state that had taken from
her that which she had loved best ON
cart. Marian Bleakley. the incubator
baby.
Really, can't say anything" she
said. There IL only this: My hus-
band has gone away. but can assure
you that he has not deserted me. He
has gone back to New York to attend
to some business. but he will return
and ha will ha hv INV aiaA to haln ma.