The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-05-04
FIGHT EVERY STEP
Incubator Baby kidnapping Case
Battle of Attorneys.
Effort Is Made to Secure a
Delay.
JUDGE RAINS SAYS NO.
Detective TillotsOn Placed on
Trial Despite Protests.
Great Interest Is Being Taken
in Proceedings.
History Of the Famous Contro-
versy Over Little Girl.

Holton, Kan, May An a fierce
and brilliant battle between the attor-
neys for Captain F. H. Tillotson of the
Kansas City Detective agency, and
County Attorney Schenck of Topeka in
the famous Incubator baby case in the
Jackson county court this morning the
motion of the defendants attorneys to
postpone the cast against Captain TIL
lotson was overrueld by Judge Oscar
Rains, and the empanelling of the
jury was commenced at once.
The bitter combat between the able
attorneys for Captain Tillotson and
County Attorney Schenck lasted dur
ing the entire morning session of the
court, and with objections to every de-
cision of the court on the postpone
ment of the case, the defendants fell
fighting for the continuance. This
means that the case against Captain
Tillotson, head of the Kansas City De-
tective agency, will be taken UP at once
and the state will attempt to convict
him on charges of assault and intent
to kill, and with the kidnapping of the
famous incubator baby, Marian Bleak
ley,- from the Bleakley home in To-
peka August %, 1909.
The hearing of the defendants, Jo-
seph n. Gentry. Robert Randolph and
David Gregg, has also been set for this
term of court. Gregg demanded a
separate trial.
In a fight for continuance of the
case this morning attorneys for the
defense, Ed Wright, Harry Friedberg,
Clinton Welsh and Louis Dawson of
Kansas City, first attempted to have
the case reset. Then they asked for
ten days continuance end finally until
Monday, but all motions were refused.
Then they asked that another one OF
the defendants be brought up for trial
first, but Judge Rains refused the mo-
ton They finally objected to the en-
panelling of the jury. but lost out.
Reasons for Delay.
In the affidavit for a resetting of the
case they laid stress on five points:
F1rst-The absence of John H. At
wood, whom they claimed had posses
sion of important papers.
Second-The absence of their alleged
leading counsel, D. C. Tillotson of To-
pek;4.
Third-The absence of three material
witnesses by whom they claimed they
will prove that Capt. Tillotson was not
at the Bleakley home at the time of the
kidnapping.
Fourth-The absence of Mary Merri-
field Of ST. Louis, who, they say, can
ternity of the child
Fifth-They state that they were not
aware of the fact that they should bear
the burden Of the defense and did not
nave time 10 SdIHef LHelr IeSllHloHy-
They claim that they were miSled in
the matter and prevented by unavoid-
able circumstances from having COM
plete defense.
Mr. Schenck's Reply.
County Attorney Schenck took up
each point in the affidavit and with size
zling attacks on the diligence of the
Tillotson lawyers, ridiculed and ap-
parently tore to shreds their argu-
ments and their affidavit. He said in
part:
"The affidavit fails to show dill
gence. None of the statements have
shown it. There is not one single fact
in the affidavit that holds water" He
poured broadsides of hot shot on the
affidavit.