The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-05-11

learned gentleman on the other side I
believe I know my duties in this office.
Where can Mrs. Barclay claim
adoption papers to the child when the
defense comes in here and claims that
Mrs Bieakley Is not the mother of the
child" continued Mr. Scheuck- This
Is just what these lawyers are trying
TO DO"
Mrs. Barclay and Mrs. BIeakIey were
DOCh present at court this morning.
Mrs. BIeakIey appeared weak and i'll
The extremely plain and unclad views
OF the Illinois and Kansas courts and
the sensational allegations concerning
the birth Of the incubator baby in St.
Louis were the occasion for a rapid
change Of facial expression on the part
of both women.
Mrs BIeakley sat leaning back in her
chair with her hat in her lap with her
eyes shifting from the faces OF her at
torneys TO the jury. When the argu-
ment of the defense implicated her in a
visit to St Louis. Mrs BIeakley kept
her eyes fixed on the court
Mrs. Barclay sat at the press table,
lean-lg over. her elbows on the table
and her head resting in her hands She
listened inteutI- to every word spoken
by the attorneys and the court
The Opening Statement
Attorney A Z. Crane for Captain
F. H TuIOtsou made the opening
statement before court adjourned last
night He took the position as was
expected, that Marian Bleakley is not
the child OF Charlotte Bleakley and
that Mrs Barclay is entitled to her
possession by adoption and these pa
pers were placed in evidence as a pre-
Iiminary move on behalf or the de-
fense-
Tuesday Afternoon Work.
Just before the state rested after the
conclusion of their evidence. Attorney
Crane for the defense arose and asked
that Mrs. Charlotte BIeakley be called
to testify.
County Attorney schenck answered
that this was f'an unheard of proceed
ing" 1T has always been the inten-
ton OF the state to call Mrs BleakIey.' -
said Mr. SChenCk- We have found
that she is physically unable TO attend
She is i'll at her home in Topeka and
We have made repeated efforts to get
her"
Mr.. Crane arose at this and ex-
claimed
Would Examine Mrs. BIeakiey.
I'VE ask that the defendants name
two doctors 10 examine Mrs. BleakIey
to see If this is true or MOTTO see If
she IS unable to appear in court
Judge Rains denied the motion and
overruIed the suggestion
F s Faruey, q garage manager of
Kansas City, was called TO the stand
10 tell Of the trip in an automobile from
Topeka to Falls City, Neb.. for the
purpose OF finding a quick and good
route out Of the state Of Kansas
Farney told of the trip to Topeka, his
dealings with J. NJ. Gentry and F. H
TfllotsoE and his riding over the city OF
Topeka in the automobile
According to the testimony brought
out. 4 number Of trips were taken out
from d certain point in the city Far
r.ey was unable to give this point but
from his descriptions it was for the
purpose Of making an escape from the
Bleakley home
Mrs. Barclay Wouldn't Testify.
The state asked that Mrs Barclay
take the witness stand, but through heI
attorney. Edwin Mckeever. she took
advantage Of her constitutional right &c
refuse-auG refused The spectators
waited breathIessly for her testimony
and a sigh Of disappointment was heard
when she refused
J. D. Norton. sheriff Of Shawuee
county. and J. NJ Wright, deputy
county treasurer. we're called to tbs
stand as handwriting and signature
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