The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-08-25
LITTLE GIRL STAYS
Mrs. BIeakley Refused Possession
of Her Daughter.
Councilman Stanley and Others
Tender $4,000 Bond.
SHARP LEGAL BATTLE
Ends by Turning Marian Over
to Juvenile Court.
Hearing Is Postponed Until
Next Monday.
The Requisition Hearing Is
Also Reopsned.
SHARP LEGAL BATTLE

Kansas City, Aug. 25.-After bitter
three hours legal battle in Judge E. G
Porterfelds court this morning be
tween Frank K. Walsh of this city
representing Mrs. Bleakley and John H
Atwood, representing Mrs. Barclay, fol
the incubator baby, Marian Bleakley
was taken from the custody of the po-
lice and turned over to the care oi
G. w. Trigg, clerk of the Kansas City
juvenile court, living at 1916 Flora
avenue. until Sept. 18th, at which dat
the trial for the final possession of tbs
child will be held. Judge Porterfie1d
postponed the hearing of the first writ
of habeas corpus to prevent the return
ing of Mrs. Barclay and Gentry to To
peka by requisition until next Monday
morning The judge took this action
to make a showing before Governor
Hadley in Jefferson City Friday. If
Hadley grants the requisition, then the
habeas corpus preventing the return OF
the kidnapers to Kansas will be heard
before Judge Porterfield. II the requisi-
tion is refused, the Topeka and Shaw
nee authorities will fight to a finish l.
the courts to get possession of the alb
ductors and bring them to trial in Kan
sas for the alleged :rime.
John Waters, J. c.. Petheridge, Frank
Walsh and Eugene Eare, jr., repre-
sented Mrs. Bleakley today. John H.
Atwood is leading counsel for Mrs.
Barclay.
Battle for Delay.
Frank Walsh opened the ball as soon
as the court convened by demanding a
trial at once, with the kidnapping case
first, and the question of the possess
sion of the child second. The attorneys
for Mrs. Barclay fought for delay.
They want1d Hadley to first pass on
the case.
Mrs. Bleakley's attorneys de-
manded trial at once. There was a
hard fight and finally Porterf1eld de-
cided to wait until Governor Hadley
had passed on the requisition. Then
the real fight of the day began over
the writ Of possession of this baby.
Atwood arguing. and it is significant,
that the parentage of the child was
yet to be- established. He declared
child away from a box of glass and
brass and then cared for it until it
was a year old, and then its pre-
tended mother came and claimed it.
1t is plain to be seen that the whole
case of the parentage of the child will
have to be fought over again in the
courts.
Mr.. Walsh replied that the child
should be taken at once from the po-
lice station and given to it's mother.
present in the court room, offered to
give a bond of 100000 and take
possession of the child and agreed to
deliver it in court when called for.
Mr. Stanley intended to take the
child to Topeka and keep it in his
home, but the judge refused his offer.
Mr. Atwood said it was impossible
that Marian be taken out of the
courts jurisdiction at this time. For,
he said. they wished to present to the
court the records of previous trials,
which he asserted, showed that Mrs.
BIeakley's baby died soon after birth
and that the child now in controversy
was not legally hers.
Judge Porterfield then ended the
argument by placing the child in the
care of the Juvenile court and post
pouing the proceedings.
During the progress of the proceed