The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-05-06
kidnapping Case in Holton Post
p0ned Until Monday.
Prosecutor Schenck Under Care
of Physicians-Rest Taken.
SENSATION PLANNED.
Attorneys for DefenseWill Bring
st. Louis Records to Court.
Dispositions Taken and Lawyers
Take Time for Preparation.

Holton, Kan. May 6.-The incuba-
tor baby kidnapping case was post
poned until Monday morning by a mu-
tual agreement and Request from both
| the attorneys for the state and the
defense this morning. County Attor-
ney Shenck. who was i'll under the
doctors care all day yesterday and
who was weak and practically unable
Ito conduct the evidence this morning,
was ready and willing to carry on the
case if the defense so desired. but it
was decided to hold over the real work
In the trial CT Capt F. II. Tillotson of
the Tillotson detective agency, Kansas
City. until Monday morning.
| The jury was sworn in at a late hour
Thursday afternoon and all was in
readiness for the states opening state
ment this morning. When Judge Rains
! torney was not present and 1t was
known at once that something would
be done. Assistant County Attorney
Atchison arose and stated that the
agreement had been made and all were
willing to have the case postponed un-
! til Monday. Attorney Crane of the
| defense acQuiesced in the agreement
and Judge Rains admonished the jur=
ors, excused them until Monday and
| dismissed court.
|
| Today being the day set for the
real interesting and sensational testi-
mony and statements in the Tillotson
VS.. Kansas kidnapping trial. much in
terest was displayed in Holton and the
court house was crowded for the oc-
casion. In spite of the wet, rainy and
| disagreeable weather. the case has at
| tracted considerable attention all over
| Jackson county.
| After the case had beer postponed
gether with the attorneys, took the
| Rock Island train for Topeka. The
Kansas City attorneys for the defense
will spend all of the time gathering
together testimony and securing depo-
Sitions for their case County Attor-
ney Schenck went to his home at once
| and will remain there until Monday,
when he will go to Holton. Mr..
Schenck is in poor shape physically
and will attempt to recuperate until
| the call of the court.
The jury chosen Thursday evening is
composed Of eleven farmers and the
other man was once farmer. They
are J. NJ. Brown, w. w. Thompson,
W: S. Blackburne. E: G. Wagner. L. D.
johnson, Auswold Stephenson, Louis
Krough, c. E. Cook, w. H. Gruver,
Frank Drake, A. E. Macha and R. B.
| Brooks. Mr.. Macha is hardware
merchant and former farmer.
Little Marian Bleakley went back to
| Topeka on the train with her mother,
| Mrs. Bleakley, and her grandmother,
Mrs. Ora Thompson, this noon. Depu-
ty Sheriff Ben Judkins sat in the seat
| with the three and kept close watch
of the little girl.
Marian seems to have enjoyed her
| trip to Holton. She was in the city
two days and was seen only by those
who lived at the boarding house with
| the Bleakleys. Hundreds of people
! have attended the proceedings at the
| court house in order to get a look at
| the famous incubator baby but thus
far she has not appeared in court.
Maternity of the Child.
It is very evident that the defense
| in the kidnapping case is endeavoring
to rest the case on the maternity of
Marian Roberta Bleakley.
This has been brought out many
times since the attorneys have been on
| the scene.
Last evening the defense sent one of
| their attorneys, Louis Dawson, to ST.
Louis where dispositions will be taken
| from Mary Merrifield, the midwife of
Marian Bleakley and the woman who
probably knows more about the birth
of the child than anyone else. 1t is
said that through Mary J. Merrifield
the defense can prove that the child of
Mrs. Bleakley was born dead.
| Furthermore, the attorneys for the
| defense secured subpoena on County
| Attorney Schenck, Mrs. Stella Barclay
| and Attorney Edwin McKeever, de-
manding that they produce all the pa
pers they have in relation to the
| adoption by Stella Barclay of Marian
| Roberta Bleakley.
These papers are claimed to contain
many interesting and sensational
points in the past history of the case
and in the birth of Marian Bleakley.
The st. Louis end of the story, ma
ternity of the child, the relation of
Mary J. Merrifield in the case, the rec
ord books of the hospital. the letters
of Mrs. B1eakley in connection with
the birth of the child, letters between
Mr.. and Mrs. Bleakley telling of the
death of the child, copies of deposi-
tions taken on the case, and many 9TH
er features, that, if introduced in court
will make the present trial most SEN
sational.
County ATTORNEY Schenck says that
| he has none of these papers and he
will not find it necessary to deliver any
| of them in court.
Two Counts in the Case.
There are two counts in the kfdnap-
| ing charge against the defendant, Cap
| tain F. H. TilIotson One is the taking
| mother, and second-its forcefuI re-
moval against the child's will
County Attorney Schenck will take
up the first point-the kidnapping of tho
move the attorneys for the defense will
| fall heavily on the maternity of the
child-thus the dispositions.
| In playing for time, the defense has
| been able to do considerable work in
| lining up their evidence in proof of
| their claims against Mrs. Bleakley as
mother of little Marian.
Who Is Mysterious Woman?
There are still suspicious on the part
of the state officials that the two wo-
| men who came to Holton in an auto
mobile early in the week have some
| unknown connection with the kilnap-
| ing Of the Bleakley child.
| Robert Randolph, one Of the defend
ants. was known to have seen these