The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-01-17
UP TO JUDGE DANA
Change Of Venue Evidence in
kidnapping Case
Is Submitted in District Court
Today.
GENTRY NOT PRESENT.
Unable to Attend Hearing on
Account of Injury.
Mrs. Barclay Arrives From
Buffalo and Is Present.

Though possible it is not likely that
a decision on the motion for change
of venue for alleged kidnapers, Gentry
and TillotSon, will be reached today
Attorneys are engaged in reading cop
les of Topeka papers and affidavits to
substantiate their claim that fair
trial is impossible here. The county
attorneys force will then take time to
read more than half a hundred affida-
Wits, one of which is seven pages in
length.
In accordance with the judges rul-
ing Saturday. the defendants made
special effort to be present at the hear
ing today. Joseph NJ. Gentry, how
ever, was not on hand. His attorney,
James M. Nation, filed an affidavit
from Gentry alleging inability to be
present and waving his right to be at
the hearing. His attorney says that
in falling from a horse his spine was
injured and that the doctor refuses to
let him up now, but that he will be in
the court room within a few days.
Mrs. Stella Barclay was ushered
into the court room by Attorney E. D.
| McKeever. She was dressed simply in
a suit of gray, black velvet hat and
wore a pink rose. Apparently the fos-
ter mother of Marian Bleakley is keep
was clearly embarrassed in the court
room, being the only woman amongst
crowd of men-and, being a defend
ant, unable to flee. Notwithstanding g
the fact that she is here, it is reported
that she suffered a siege of brain fever
recently and came to Topeka against
the advice of her physician. In truth,
Mr.. McKeever was prepared to excuse
the expected absence of his client by
an affidavit from her physician setting
on he ck1 II 20 f,-1x x-n1
However, Mrs. Barclay arrived in
Kansas City Saturday night, remaining
there at the home of John H. Atwood,
her attorney, until last evening, when
she came to Topeka, where she is now
staying with Mr.. and Mrs. McKeever.
II am in good spirits she said "why
should l be in tears? 1 may as we'll
be cheerful when I can. 1 am feeling
we'll" .5scl-s rs
Captain Frank H. Tillotson respond
ed to his summons to get on deck very
quickly and sat with his attorney He
seems in no way ruff1ed and sits with
the same outward Indifference dis
| played at the preliminary hearing.
With Bob Randolph in the county Jail
| in default of bond and Dave Gregg in
| the city under heavy bond these two
| defendants do not worry the officers
and attorneys.
Mr.. Bleakley. senior grandfather Of
/ Marian, who lives at Abilene has ar
| rived in Topeka to be present at the
| trial and also serve as a witness
! It was impossible for James G. Bar
clay, husband of Mrs. Stella Barclay
who is engaged in motor car business
in Buffalo. N. Y, to leave the city
| long enough to be with his wife during
| the trial
| Attorneys for the defense are the firm
| of Dennison. Nation & Grant, of Erie
Kan, employed by Gentry's mother to
defend him, Philip Wilson retained by
| Gentry himself John H. Atwood OF
| Kansas City, Mrs. Barclays lawyer
throughout her fight for the child. and
| E. D. McKeever who is assisting him
and D. c. Tillotson employed by Capt
F. H. Tillotson.
For the state. County Attorney ]. J.
| Schenck and his deputies. w. E. Atch-
inson and A. J. Bolinger, will conduct