The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-05-12
TELLS HIS STORY.
Continued from Page One,


The discussion and argument on the
action of the defense in presenting to
the jury and court certified copies of
the court records relative to the Doug
las county end of the incubator baby
case. lasted until late Wednesday
afternoon.
At the last report in the State Jour
nal, County Attorney Schenck had
just warmed up to the argument on
behalf of the state.
In a plea lasting over two hours.
Prosecutor Schenck gave one of the
strongest arguments of the trial His
presented his reasons against the evil
dence of the defense in commanding
manner.
Schenc< Attacks Defense.
Mr.. Schenck made singing attacks
on the actions of Captain F. H. Tillot-
son, the scheme of Mrs. Barclay in
securing the incubator baby, the line
of defense presented by Tiliotson's at
torneys, the character of the men i'm
plicated in the defense and the COM
potency of the arguments of the de-
Tense.
In part Mr.. Schenck said:
IF Mrs. Barclay wanted this child,
she should have filed a motion in the
Illinois or Douglas county courts. In
stead of securing lawyer and going
at this in proper manner. she hired
detectives and thugs in Kansas City
to assault the keepers of the child and
take it by force.
II want to say that no court has
given Mrs. Barclay custody of that
child The defense has run a lot of
bunch of attorneys who came up here
from Kansas City to abuse Mrs. Bleak
ly and the county attorney.
"Tillotson has come here to defend
himself by trying to prove the illegiti-
macy of the Bleakley child. Their
only purpose is to get the mind of the
jury away from the fact that Til1otson
took the child.
mo part of the contention of the
counsel for the defense is competent"
Defense Fires Back.
Harry F'reidberg and A. E. Crane
replied to Mr.. Schenck's arguments.
Eriedberg claimed that the prosecut-
ing attorney was skipping around
here and there hunting for a few rays
of comfort
county attorney. "Schenck hasn't met
an argument of mine,'' he said. "Most
of his arguments are misstatements.
He is trying to dodge the real issue"
County Attorney Bender of Jackson
county answered the arguments of
these two men.
Judge Rains then gave his opinion
on the matter and called halt in
the battle.
Judge Rains Decision.
In referring to the matter Judge
Rains said:
these cases, they would favor Mrs.
Bleakley on the maternity of the child
and on the adoption of the child.
II don't think this evidence is proper
to be admitted-it has been litigated by
other courts. and it is not for this court
to pass upon who is legally entitled to
the child.
I'm this stage of the case, this evil
dence is not competent"
After this had been settled, the de-
Tense asked permission to place three
witnesses from Kansas City on the
stand The jury was called in and for
the purpose of proving the good reputa-
ton and standing of Captain Tillotson,
the witnesses were examined.
They all testified in a flattering man
ner of the reputation of the head of the
Tillotson Detective agency.
Geo. H. Edwards, of Kansas City, Of
the wholesale jewelry firm of Edwards
& Sloane; director in the Security Ma
tional bank; director and vice presi-
dent of the Mercantile bank; and men,
Der of the upper house of the common
council. was called to the stand.
He claimed to have known Captain
Tillotson for 10 years.
Did you ever hear of Tillotson en-
bezzling $4,000 from the Pinkerton De-
tective agencv and mortgaging his
home to pay it?" asked Prosecutor
Schenck in cross examination.
mo, SIR
Have you ever heard of TilIotson
$1,000 from his partner,
John Hayes, eX-chief of police of Kan
sas City,"
mo, SIR
Mr.. Edwards testified to Captain |
good reputation.
Harry f. Barber, who is in the mar |
Die and granite business in Kansas
rHitV Oayt called 70 xzritpoSc stand ]