The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-01-06
RumOr That Case Against Mrs.
Barclay Won't Be Pushed.
Attorneys for Gentry Say There
Is Such Arrangement.
MIR. SCHENCK DENIES.
Asserts No Such Arrangement
Has Been Made.
Motion for Change OF Venue to
Filed Tomorrow.

Is Mrs. Stella. Barclay to escape
trial on the charge of kidnapping
Marian Bleakley, the incubator baby?
That is the question in which every
one concerned in the case is interest
ed. The attorneys for the other de-
PENDANTS say she has been promised
is emphatic in his denial of such an
arrangement.
A motion for change of venue for
the trial of Joseph Gentry, the heavy
weight in the kidnapping case. will be
filed tomorrow morning after the at
torneys have examined the informal
ton filed by County Attorney Schenek
today.
In the effort to establish the conten-
ton that fair trial Is impossible in
Shawnee county. attorneys for Gentry
contemplate series of accommodating
trips throughout the county to deter
mine the strength of the feeling
against their client.
Indictment weather threatens to de-
lay these activities which will in turn
delay the hearing. 1t was thought the
motion would be heard Saturday.
The information filed by the county
attorney in the district court for the
trial of the kidnapers, which is set
for January II, constitutes three cases
against Joseph Gentry and others, Bob
Randolph, Frank H. Tillotson and
David Gregg.
Speaking of the purported attempt
of Gentry to turn states evidence
again last evening after having been
refused that boon months ago. James
M. Nation of the law firm of Denison,
Nation & Grant of Erie, attorneys for
Gentry, said today:
Gentry was informed, and 1 think
reliably, that Mr.. Schenck, the county
Io1 do ar1c raT1 an
grant Mrs. Stella Barclay, the prin-
cipaI in the kidnapping affair, immun-
ity from punishment for the alleged
offense.
"Mr Gentry, feeling that Mrs. Bar
clay who has claimed lawful custody
of the child, who made him believe
that she was legally entitled to take
the child. and who had employed him
to assist her, was under obligations to
him to defend her right to the child
in this court.
"If any immunity was to be grant
ed, Mr. Gentry was unable to see why
Mrs. Barclay was singled out for such
immunity.
Mr.: Gentry is without means to
make the kind of a defense that ought
to be made in his behalf. 1 do not
understand from Mr.. Gentry that he
sought to turn states evidence and l
see no advantage such a proceeding
on his part would be to any one, as
| all TIE IdCLS anu lACluSIlS TOldllI1S "
the alleged kidnapping of Marian
| Bleakley are about as well known to
Mr.. Schenck as they are to Mr..
Gentry.
Mr.. Gentry, being poor man, was,
| of course, anxious to obtain the same
immunity that we understand has been
promised Mrs. Barclay and avoid the
expense of trial.
When told of the above interview
with Gentry's attorney, County Attor-
ney Schenck said sharply:
What, doesn't that sound like Gen
| try? That statement sounds like him.
He would say anything
But what about the immunity
you have promised Mrs. Barclay?''
There is absolutely nothing in that.
never promised immunity to any
body. There's absolutely nothing to
it,
but she will be states evidence
won't she?''
"I'll be glad to get any Informal
| ton from any of them on the wit
ness stand, but there is no price fol-
! it."
1t is true that every member of the
| kidnapping tribe has been summoned
on behalf of the state to testify in
| the trial.