The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-09-07

One year ago in August Marian
B1eakley, the famous st. Louis incu-
bator baby was kidnapped from her
home in Topeka. Captain F. H. Til
lotson, Kansas City detective agency
owner, was convicted of kidnapping in
this court last spring. Joseph N. Cen
try. a Kansas City detective, who is al
legged to have been working under
Captain Tillotson, is now on trial
for kidnapping the child and for strik-
ing over the head with a gun, a young
man by the name of Clarence Bell
nap of Kentucky, who attempted to
protect the little girl.
When court was called this morning
and the docket was read Mrs. Stella
Barclay, the foster mother of Marian
B1eakley, through her attorney e. D.
| McKeever of Topeka, asked for a
separate trial. This request was grant
| ed by Judge Rains and the case of
state VS.. Joseph n. Gentry was taken
up at once.
Jury Venire Exhausted.
A special venire of 20 jurors was ex-
| hausted today before the state and the
defense could get rid of their chal-
| lenges and the active trial will begin
| tomorrow morning The impaneling of
! a jury in this case is much different
| than the same work last spring. The
| attorneys have realized that the read
| ing of newspapers and the knowledge
| of the facts in the case at this time
| have little effect on the minds of the
| reading public. Last year because a
man read a newspaper he was accused
| of forming an opinion on the case and
| the selection of jury was a long task.
] Although the main facts in the in
| cubator baby kidnapping case were
| threshed out last spring and the
| crowded court rooms at that time be-
| came acquainted with every detail, the
| interest in Holton and surrounding
| country is intense and in the selection
| of a jury this morning the court house
! was crowded.
Mrs. Stella Barclay of Buffalo, N. Y,
| was the main attraction of the trial
| and she has created the same fine ap-
| pearance and carried herself with the
| dignity that won friends for her in this
| city a few months ago. Mrs. Barclay
will probably be on the witness stand
| in this case and her testimony will be
| a swinging blow in either direction and
! will reveal things that have never been
| told in the course of the trial.
1 1t is known that all of the defend
| ants in this incubator baby case are
! at "outs'' with each other. Captain Til
| lotson and Gentry and Mrs. Barclay
| are all Indifferent of the presence OF
| the other and it is known also. that il
he wished J. ]. Schenck, county attor-
| ney of. Shawnee county, could secure
any of the defendants to turn states
evidence.
Witnesses Are Tardy.
With the same vim and determine
ton exhibited here last spring, Coun-
ty Attorney Schenck is conducting the
case against the kidnapers. Assistant
County Attornef Atchison of Topeka
is helping Mr.. Schenck in the case
The state through these two able at
torneys is confident of convictine
Joseph n. Gentry.
There is a woeful lack of witnesses
for the state. Very few of them
have appeared and every one was
| served with a subpoena" said Mr.
: | Schenck this morning. IF these wit
nesses do not show up this afternoon
, or tomorrow morning early will sen6
+ the sheriff to Topeka and they will b.
brought here. 1t seems that no one
has paid attention to their part il
: this case
There are in all about 80 witnesses
, ! for the state-most of them residing
+ in Topeka. There were only five o
these witnesses in court this morning
al Joseph N. Gentry is here represent
= ed by his attorneys, Nation & Natiol
of Erie, Kan. James Nation, stat
-lauditor of Kansas, is the leading
: counsel for the defendant. Mrs. Stell,
: Barcley is represented by her person
s al attorney. Ed McKeever of Topeka
David Gregg of Topeka. who is al
v legged to have been an accomplice i
8 the kidnapping case is here ALSO H
| is an attorney and is acting in his ow.