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

test for the possession Of little Marian
Bleak-cy.
The arguments we're 50 sensational
on the part of the defense that the
state asked for the dismissal Of the
jury. and Judge Rains excused the
jurymeu for the morning.
The details of the birth of Marian
Bleakley. the order, the DEGREES and
lud gue1ts of the courts and the bit
ter statements Of the attorneys were
CCusiGe red Objectionable by the court
Furging personal attacks, faying
each others contentious of the law,
riiicuIiuE opposing speeches and I'LL
Ing the court room with Oratorv, the
attorneys argued and pleaded this
morning.
II is hard TO tell what will be the
result
When Judge Rains adjourned court
this morning County Attorney SCheuck
was very warm in regard to statements
made by the defense 1t viii be some
time before arguments or Offering Of
the states dOcumental evidence can be
completed.
Attorneys Cor the defense have paid
little attention to the fact that Cap
tain TiIlotsou planned and carried out
the ARA ngements for the kidnapping Of
Marian BIeakley from the BleakIey
home in Topeka. In fact. they have
practically admitted that this was
done.
The defense is purely a legal one
They. contend that there was n o crlmI-
nal intent on the part Of Captain TIL
I0tsou in carrying away the incubator
baby That Mrs. Stella Barclay is
really tha adopted mother Of Marian
BIeakley: that Mrs. Ble1Eley's child
was born dead in St Louis and that
Capt Tiuotson thought he was secur-
ing the child lawfully vas the whole
h. F-Ue =
In oTering of evidence to the court
the records proving the maternity or
Marian BleakIey and the adoption of
the child, the defense hopes to win the
case on these points alone. To get this
evidence in the record was the plan of
tle defense this morning
According to 4 pTei iuinary statement
by Judge Rains. the court will not con-
sider the question Of the custody of
Marian Bleakley and her rigntful meth
er.
1t Is not within The province Of this
court TO 10 tnat.~ said the Judge 9th
er courts have done that before"
The defense hopes to place its testi-
r1ouy on record. and Is fighting TO this
end
Denies Maternity of Child
Clinton Welsh. attorney for the de-
tense. made a long and impassiOned
argument for the admission of the evi-
Welsh entered into a short history of
the case and followed with the leading
contention that Mrs. Barclay is the real
mother Of Marian BIeakley.
Mrs. BleakIey has no more right TO
this child. your honor. than Mrs Bare
lay yelled Attorney Welsh
In fact this child around which 50
much sentiment has gathered. was not
born 20 Mrs. Bleakley, but to another
woman"
Edward Wright followed with a bril-
IanL argument Of Is minutes duration.
adding touch Of pathos to the action
O. Mrs Barclay in raising the incUba-
Tor baby and in keeping it alive under
Doubtful conditions. Mr.. Wright also
TOOK an opportunity to fire a broadside
at county Attorney Schelck for trying
70 convict an innocent man. and to hold
back judicial facts from the court and
jury"
Harry Eriedberg of counsel for the
cetense then took up the part Of Capt
IlIotson IN the case and supported his
argument with numerous citations OF
legal authority.
Attorney Friedberg made the star
speech OK the trial and was forcefuI and