The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-08-30
NO EVASION OF OFFICERS.
Mrs. Barclay and j. n. Gentry Sub
mittcd Quietly to Arrest.

Kansas City. Mo-, Aug. 30.-Before
Judge Porterfield of the Jackson
county circuit court could announce
officially the result of the habeas
corpus proceedings this morning,
Mrs. Estella Barclay and J. n. Cen
try, the kidnapers of little Marian
Bleakley, these two were on a train
bound for Topeka in charge of Kan
sas officers. At a conference with the
attorneys yesterday it was decided not
to fight the habeas corpus, as it was
useless.
By the time the trial was called the
two had taken a CAP to the Union
depot where they took a Rock Island
train for Topeka. Mrs. BIeakley and
Marian will remain here until
September Z at which time a hearing
will be held before Judge Porterf1eld
for the final disposition of the child.
The habeas corpus case was dis
missed by Judge Porterfeld, but be-
fore this event the Kansas officials,
Sheriff Ben Judkins had placed both
under arrest. Mr.. Gentry himself
appeared in the court room. while
Mrs. Barclay remained at the office
of her attorney. John Fl. Atwood
1t was feared for a time that an
other piece of strategy would be ex
llibited by the clever kidnapers and
their attorneys, when the rumors
spread through the court house that
ARRANGEMENTS had been made to
smuggle Mrs. Barclay out of Missouri
into Kansas in order that she might
not undergo the embarrassment of
being in the custody of the officers.
These sensational rumors stated
that while Mrs. Barclay was at the
Office of her attorney Mr. Atwood
the official dismissal would be given
by Judge Porterfeld over the tele-
phone and then the woman kidnaper
would fly over the state line and give
herself up in Topeka The past ac-
tions and events in the case were
sufficient to make the rumor an
alarming one and for quarter OF
an hour the courthouse was astlr with
frantic attorneys, officers and Oedten-
ing telephone rings. But the officials
ordered Mrs Barclay held at the Of
flee of Mr.. Atwood and~in the mean
time the Kansas officials met her with
a hack.
At the courtroom where he ap-
peared shortly before the dismissal
of the case, Mr.. Gentry appeared,
well dressed and in good spirits. He
stated that he felt hopeful and re-
was credited to the effect that he had
denied striking Bellnap at the time of
the kidnapping.
woman kidnaper, who has been in
Kansas City has gone to Buffalo, n.
Y, and while there will arrange to send
a cash bond to Topeka, by which Mrs.
Barclay can secure her liberty Then
help his wife through with the
trouble.
w. E. Atchison and Arthur J. Boil
linger, assistant county attorneys of
Shawnee county, who were IN the city
this morning at the time the case was
called in the jackson county circuit
court. stated that the bond which
would be required for the kidnapers
would be no more than a reasonable
one. And furthermore. the two attor-
neys stated that the trial would be en-
tirely far and impartial. and that
there was no general feeling against
the two which would make their pres
ence in Topeka an unpleasant one.
Mrs. Barclay will be tried on the
charge of kidnapping Mr. Gentry will
be tried for kidnapping and assault
with intent to kill. At this trial,
which will come UP in Shawnee coun
ty. there will be no decisions relative
to the disposition of the child. This
CONTINUED on Page Five.)