The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-09-09
GOES TO The JURY
Gentry Kidnapping Case Is Near
the End.
Defense Did Not Introduce Any
Testimony.
MOTHER OF THE CHILD
Question OF Maternity Again
Argued by Attorneys.
A Verdict Is Expected Early
This Evening.
MOTHER OF THE CHILD

Holton, Kan, Sept. 9.-It looks as
though the second scene of the fourth
act of the famous incubator baby kid
naping case would come to a close in
three days. In the battle at Holton
between the attorneys for the state
and those who are defending Joseph
NJ Gentry of Kansas City, the case
went to the jury this afternoon
marvellous record in view Of the fact
that all other cases in connection with
the kidnapping of Marian Bleakley
lasted from two weeks to month.
County Attorney Schenck finished
the introduction of his evidence last
evening and the defendant was given
his first chance at self protection. IL
defense failed to get any evidence
developed that the attorneys for the
before the jury and tneir open I'M
only defense they had before the jury.
The defense attempted to introduce
evidence concerning the maternity OF
Marian Bleakley. This move was
fought to a standstill by County At
torney Schenck and Assistant County
Attorney Atchison and they succeed
ed in getting an order from the court
to strike all maternity evidence from
the records.
In the case against Captain Tillot-
son last spring, the defense made the
maternity Oh Maj ldIla AoAOdrNASJ
big argument and they lost. In this
case against Gentry. the belief that
Marian Bleakley belonged to Mrs
Stella Barclay gave the defense loop
| hole for their freedom.
It was claimed that Gentry thought
the child belonged to Mrs. Barclay
and loving the child, he entered the
KIDNAPPING case in order to restore 1t
| to it's reyhtful owner. Claiming that
the child belonged to Mrs. Barclay
and did not belong to Mrs. Bleakley'
where it was at the time of the kid
mapping, Gentry felt safe in entering
the deal with Mrs. Barclay.
| In arguing the maternity question
the defense claimed that Marian
Bleakley was not the child of Mrs.
spring of an unknown actress of st.
Lous, who was in lying-in hospital
at the time of it's birth. Mrs. Bleak
ley was led to believe that it was her
| child for physical comfort 1t was
also claimed that Mrs. Bleakley wrote
| a letter to her husband telling of the
death of her real baby and telling him
how it resembled him.
The sensational question concerning
the birth of Marian Bleakley was not
entered on the records in this case
The court ruled out the evidence and
having no witnesses to place on the
stand the defense closed their part OF
the case.
The opening argument today was
made by County Attorney Bender 81
jackson county. He gave a short his
tory of the case and also an able ap
peal on the part of the state and the
people, asking that the crime of kid
mapping be punishable-or it would be-
come an easy manner for some one T,
steal aaother's child, claiming they
thought it belonged to another.
Attorney WOODBURY. followed for th'
defense. w E. Atchison for the state
came next and he was followed b.
James Nation Attorney Crane ended
| the arguments for the defense an
; County Attorney Schenck gave char
acteristic final argument in behalf
the state
It is expected that the jury will COM
in with a verdict about O'clock thi
evening. From the course of the tria
up to date there seems to be no hop
for Gentry.