Evening star. [volume] (Washington, D.C.) 1854-1972, 1909-08-25
Order for Temporary Care of
Incubator Baby.
OTHER ISSUES DEFERRED
Habeas Corpus Proceedings Await
Action of Governor.
FOSTER MOTHERS STATEMENT
Declares Real Mother Of Infant Is
an Actress-Will Continue
Her Fight.

KANSAS CITY, August 25.-Marian
Bleakley, the five-year-old Incubator baby
of st. Louis worlds far fame, who was
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. +. Porterfield in
the circuit court.
There were two habeas corpus proceed
ings on the docket today. both brought by
Mrs. James G. Barclay of Buffalo, n. Y.
the foster mother of the child. to prevent
herself and j. r. Gentry from being re-
turned to Topeka for trial. The second
sought to prevent Baby Marian from being
returned to the custody of Mrs. Bleakley.
who the state supreme court has de-
clared is the legal mother.
Today's proceedings. though brief. were
fraught with much interest and were par
ticipated in by the greatly sought child
and the two women who have made SO
strenuous a fight for her possession.
Postponed by Agreement.
By agreement the habeas corpus pro-
ceedings in the case of Mrs. Barclay and
Gentry to prevent their being returned to
Topeka for trial was postponed until
Monday next, until after the requisition
hearing at Jefferson City before Gov.
Hadley.
When the proceedings in the separate
habeas corpus to prevent Marian being
returned to the custody of her mother at
Topeka came up Frank Walsh, attorney
which it was contended that Judge Por-
terfield's division of the circuit court
lacked jurisdiction.
Arguments of this case were then be-
gun. Mr.. Walsh declared that as the
state supreme court had decided that
Mrs. Bleakley was the mother of the
baby the lower court had 10 right to
interfere. - s'5
This case also in turn was finally post
poned until Monday afternoon next, as
Gentry case is disposed of. In the mean
time the. court issued the order remand
ing Marian Bleakley to the custody of the
clerk Of the juvenile court.
Says Mother Is an Actress.
Marian Breakley, the incubator baby, is
not the child of Mrs. J. J. Bleakley of
Of Buffalo, n. Y, the foster mother of
the little girl. Her real mother, Mrs.
Barclay declares, is. an actress.
Mrs. Barclay. resting under charge of
kidnapping Marian, has said she will fight
until she dies to retain possession Of the
little one. This morning she said to a
reporter in the matron's room: ''If !
thought for one minute there was a drop
Of Mrs. Bleakley's blood in the child,
would not have her ior an instant, but
know to whom she belongs. She was the
child of All actress. And, by the way.
little Marian is the exact picture of her.
The strong similarity of features to my
mind makes the identification complete.
If we could only by some legal proceed
ing get the actress to court there would
be no doubt in the matter
Interest in the case today centered
around the hearing in Judge f. e. Por-
terfield's division Of the criminal court
of the habeas corpus proceedings brough,
to prevent Mrs. Barclay, ]. NJ. Gentry and
Marian Bleakley from being returned to
Kansas.