The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-05-04

ant s dtIOrneyS, Wnen IN speaking III
favor of the affidavit for continuance
told of his attempts to secure deed of
adoption papers and of the case in
Illinois courts.
County Attorney Schenck jumped
from his chair at this and shouted to
were not wanted at that time. "If you
are going into that, why not excuse the
jury" said Schenck.
A fierce tussle between the attorneys
followed.
Finally, Judge Rains poured oil on
frain, gentlemen, from discussing the
merits of the case,'' said the court.
Then the battle ceased abruptly.
During another argument for the
continuance Of the case, Attorney
Wright mentioned the fact that the alb
sence of D. c. Tillotson of Topeka
would handicap the defense, as Mr..
Tillotson had been depended upon as
leading counsel.
ST had a talk with Tillotson at To-
peka and he said he would come if
wanted" said Mr.. Schenck in reply
to this. HE lold me he was willing to
come up if paid" continued Schenck.
This was a signal for another out
break, but Judge Rains stopped 1t, say
ing he did not care to hear any more
arguments.
Will Rely on an Alibi.
From what was said by Mr.. Tillot-
sons attorney this morning, it looks
as though the defense will trv to prove
that Captain Cillotson was not on the
scene of the kidnapping in Topeka last
August That they had three witness
es to prove an alibi was intimated by
the counsel.
On the other hand, the state will ap
parently make fierce fight on Tfllot-
son. 1t is said that conviction in his
case will practically destroy the battle
front of the defense.
Mrs. Stella Barclay sat in front of
the counsel table. She was dressed in
blue foulard dress. a large black pic
ture hat, kid gloves and carried a
large bouquet of flowers.
Mrs. Barclay spent most of her time
chatting very pleasantly with Mrs. w.
E. Atchison of Topeka and her attor-
ney, Edward McKeever. She seems in
terested in the proceedings, but showed
no distress or emotion of any kind.
Mrs. Charlotte Bleakley entered the
court room a few minutes after Mrs.
Barclay and passed Mrs. Barclay on
the way to her seat. The two women
glanced at each other for a moment,
but neither spoke. It will be remem
bered in Topeka last summer after the
preliminary hearings Mrs. Bleakley and
Mrs. Barclay met and discussed the
case, but from the action of the two
women today, it appears If there was
ever q truce that the kiss and make
up spirit was forgotten.
Mrs. Bleakley was in the rear of the
counsel table in company with her
mother, Mrs. Ora Thompson, Mrs.
Frank Burghart and Mrs. Williams, all
of Topeka.
Mrs. Bleaklev wore a dark green suit,
kid gloves, hat trimmed in black and
red and like Mrs. Barclay, Mrs. Bleak
ley talked and whispered extensively
with her companions. Marian Bieakley
was not present. The other defendants
and witnesses were in their places.
Holton and surrounding country is
excited today. The beginning of the
famous incubator baby case in the
jackson county court house this morn
farmers who have driven in carriages
and automobiles for miles to take u
peep at the main characters in the in
cubator baby kidnapping case.
The Jackson county court house was
packed with anxious and inQufsitive
people long before the docket was call
ed. The court room, the corridors, the
court yard and the court house square
are gathering places Of citizens of this
city and county
naping case. The Holton newspapers
have refrained from commenting on the
cage fearing that another request for
change of venue might be granted. But
the people are free with their ideas on
the outcome of the trial and political
d.
the present.
Court Room Too Small.
The Jackson county court room only
holds about 200 people but there are at
least 300 crowded into the small space.
The benches have been taken out and
chairs substituted to accommodate the
crowds Judge Rains will undoubtedly
have considerable trouble in keeping
order during the progress Of the trial.
The sentiment in Holton is divided
or the case. Naturally there are num-
ber of Charlotte Bleakley sympathizers,
but the sentiment does not run altogeth-
er this way.
There seems to be very little SYM
pathy for the two detectives in the
case-Frank H. Tillotson and Joseph N.
Gentry-but it is believed that Mrs.
Barclay is innocent of the charge of
placed against her. Mrs. Barclay will
find Holton a hospitable town-and so
will her rival, Mrs. Bleakley. The
women in the case'' have plenty Of
sentiment in their favor.
County Attorney Schenck has stated
a number of times that = believed
that as fair and impartial jury could
be found in Shawnee county as Jack
son. Mr.. Schenck based his opinion on
the fact that the Topeka State Journal
and other papers were read as much
in Holton as in Shawnee county rural
From the manner in which the peo-
pie understand the case and its court
technicaIities, the claims of the Shaw
nee county attorney seem to be we'll
founded.
All ON the Ground.
All of the chief characters in the
case arrived in HoIton this morning.
The defendants have brought a bril-
liant array of lawyers with them and
will fight the case to a finish.
Joseph N. Gentry, the leading defend
ant, a Kansas City detective, has eight
attorneys in his battle line. Dennison,
Nation & Grant of Erie. Kan, Phil
Wilson of Topeka, Crane & Woodburn
Brothers of Holton and a Kansas City
attorney compose his list of lawyers.
Frank H. Tillotson, head of the Kansas
City detective agency, is represented
by Friedburg & Davidson, Senator Mil
ton, and Edward Wright of Kansas
City, and D. c. Tillotson of Topeka.