The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-08-23
SHE HOLDS ON
Mrs. Barclay in Jail Is Still
Defiant.
Says She Will Hold Marian
BIeakley if Possible.
is UP TO THE COURTS.
Hpbeas Corpus Proceedings to
Be Heard Wednesday.
Thrilling Story of Flight Of the
KidnaperS.
How They Were Found on Bur-
lingtOn Train Saturday Night.
is UP TO THE COURTS
How They Were Found on Bur
lingtOn Train Saturday Night.

a night of weeping because Mrs. J. j
Bleakley of Topeka, Kan, from
whose home she was kidnapped Satur-
day was not permitted to remain with
her last night. little Marian Bleakley,
the incubator baby. today declared to
newspaper reporters that she wanted
to t'go home with mamma
This is a bad place. she said and
stretching out her arms imploringly
to Mrs Bleakley who visited the po-
lice station early today. asked when
will we go home mamma? 1 want TO
go home"
Mrs. Bleakley, while demurring at
the pending court proceedings, de-
clared today. that she was conhde ent
of retaining possession of the child.
Il am the baby's mother" she
said, land no honest judge will take
her from me-"
Mrs. James G. Barclay of Buffalo,
y. Y, who, in company with ]. n.
Gentry of Kansas City. is being held
on a charge of kidnapping, would not
talk today. She is i'll in the police
matron's room.
The requisition papers issued at
Jefferson City yesterday by Acting
Governor Gmelich, authorizing the
return of Mrs. Barclay and Gentry to
Kansas, had not reached here up to
mood today. Even, however. if they
come they will be of no value until
the hearing Wednesday of the writ OF
habeas corpus directed to prevent the
prisoners removal to Topeka and also
to prevent the child being regained
by Mrs. Bleakley. Attorneys for Mrs.
Barclay left here today for Jefferson
City to endeavor to have the requisi-
tion writ recalled. They declare they
desire to present arguments to Gov
ernor Hadley showing their client is
legally entitled to the child.
The habeas corpus proceedings viii
come up in the criminal court here
on Wednesday before Judge E. E.
Fortified.
Prominent firms of attorneys have
been retained by both sides. Mrs.
Bleakiey is represented by Waters &
Kansas City. Kan, and ]. C. Pether-
bridge. John H. Atwood, T. A. j.
Mastin and Clyde Taylor are repre-
senting Mrs, Barclay.
Through a requisition on the part
of Governor Stubbs of Kansas to
Acting Governor Gmelich of Missouri.
little Marian Bleakley, the famous
incubator Baby" Of Topeka was
Kansas and is now in the hands of
the Kansas City police. The requisi-
tion called for the arrest OF ]. n.
Gentry, Roxy Ross and Stella Bar
clay. The requisition was turned
over by Sheriff Norton of Shawnee
county. The little baby was re-
captured by the Topeka officials
shortly after midnight Saturday night
on a Burlington train as it was cross
ing the Hannibal bridge in Kansas
City.
A writ of habeas corpus was Sc
cured by Mrs. Bleakley from Judge
+. E. Porterfield and the case will
come to a speedy end in the circuit
court of Jackson county Wednesday.
The order provides that Inspector
Boyle shall bring the baby and the
prisoners into the court at the stated
will appear in court at this time
through the order of the habeaS
corpus proceedings
In the interval the police will look
after the child and a detective will
be in constant attendance. During
the afternoon of the order it was a
race between the attorneys for the
prisoners and the Kansas police to
arrive at headquarters first with the
official documents to secure control /
of the baby and prisoners.
Mrs. Barclay Is Serene
Mrs Barclay is in the matron.s
cell at Kansas City and seems very
calm and contented. 1t was her in |
tention to get the child over the bor- |
der line and she succeeded
Il am very we'll satisfied with your
Missouri laws remarked Mrs. Bar !
clay in a cell in the matron's room.
II have spent $4,000 in what
has so far been a futile attempt to
gain possession of the child This is
positively the last time / shall try to
regain her 1t has to be settled one
way or the other now
SO far as her predicament is con- |
cerned the woman refused to make
any statement.
The little girl does not realize the |
excitement she has caused and is ap-
parently contented with any one !
preston of the child. as if she did not |
want to commit herself She said she |
wanted to come back to Topeka and /
was tired. She had very little sleep
since the affair of Saturday.
I would rather be with Mamma ;, /
she said. Asked if she liked the
woman and man who took her from !
Topeka. she said mo"
They did not give me any candy"
she declared once while she was be- /
Ing asked how she had been treated. |
Mrs. BIeakley With Marian.
Mrs Bleakley passed most of the
day with her child at police head
quarters. Inspector Boyle assigned a. |
detective to guard the child.
Inspector Z. P. Boyle had the /
child guardad by Detective James Or-l
ford, and the mother was not al
lowed to remain with her after 8 |
o'clock Sunday afternoon. Deputy
Sheriff Ben Judkins of Topeka, spent |
Sunday in Kansas City, awaiting the |
arrival of requisition papers from
Jefferson City The papers were |
signed at o'clock yesterday after |
noon and started to Kansas City. /