The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-05-13
EWIUkNUE HkE EHVs
Testimony in Incubator Baby
Case Completed.
Arguments Are Being Heard
This Afternoon.
POLLOCK ON STAND.
Denies That He Gave TillOtSOn
Advice Claimed.
Deposition Concerning Birth OF
Child Ruled Out.
POLLOCK ON STAND.

Holton. Kan, May 1S.-The argu-
raents in the incubator baby case are
beirg made this afternoon. The case
VIII probably go to the jury tonight.
The most crushing and damaging
blow to the defense in the incubator
baby case came today when Judge John
c. Pollock, of the United States dis
trict court Of Kansas, was placed on
the stand by the state and testified
yehemently and with much feeling that
he had never given as an opinion to
Capt. Tinotson a statement, that in
kidnapping the Bleakley child the de-
tective would not stand within the reach
of the law
Capt. TilIotson, accused of the kid
naming Of the incubator baby from the
home of Mrs. Bleakley in Topeka last
summer, testified on the stand Thurs
day that Judge Pollock had made the
following statement:
kidnapping is a dangerous and bad
thing, but in this case a case of kid
naping could not be made out"
The federal judge was subpoenaed
by County Attorney Schenck at once,
and in his testimony this morning de-
MED emphaticaliy any such conversa-
tion between himself and Capt. Tillot-
sen Furthermore, he made a Volun-
tary statement after the examination
stating that he had never given the
Kansas City detective any advice of
this kind.
The blow fell on the defendant like
a thunderbolt from the clear sky. 1t
was the worst setback received by the
defense since the trial commenced.
Dispositions Ruled Out.
This was not the only point won by
the sta-e this morning. The defense at
tempted to introduce, as testimony,
dispositions taken from Mary ]. Mer-
rifield of St. Louis concerning the birth
of Marian Bieakley. Mary ]. Merri-
field attended the birth of the child and
conduc+ed the house at which the child
was born. The defense hoped to read
this testimony tc the jury in order that
they might prove that Mrs. Charlotte
Bieakley was not the real mother OF
Marian Bloakley, the incubator baby.
County Attorney Schenck objected
strenuously, stating that the entire
deposition was incompetent. Judge
Rains sustained the objection, and 1t
was ruled out. Finally the defendant S
counsel tried to read two dispositions
taken from Kansas City men as to the
truth and veracity of Capt Tillotson.
Claiming that truth and veracity had
nothing to do with a case of this kind,
the state objected to this and the court
sustained.
This collection of setbacks to the de-
fense turned the tide of the case this
morning, pending the strength dis
played by the defense in their argu-
ment and the circumstances of appeal
on their side, the attorneys for Capt.
Tillotson have prepared an elaborate
argument.
The fact that Mrs. Barclay nursed
the incubator baby to life and raised it
during the doubtful period in it's exist
Tf &c oil!
man almost 60 years old with the rec
ord of having placed 81 men in the pen
itentiary for breaking the law, makes
a strong nucleus around which to build
their argument.
J. o. Reeves. a Santa F'e special
agent. swore that Capt. Tillotson was
in Germain's office at the Santa Fe
building the morning of the kidnapping
between the hours of and II.
The testimony given by Judge Pol
lock was the sensation of the kidnapping
trial today.
Mr.. Atchison. for the state. read
Tillotsons testimony delivered yester-
day wherein he said that Judge Pollock
had told him that the courts could not
make a case of kidnapping against him
CTillotson).
Judge Pollock then testified impress
sively.
DO you know the defendant he
was asked.
Judge Pollock looked around the
room for a moment and with apparent
" no sign of recognition.
Identifies TiIIotson.
Finally Capt. Tillotson arose from his
chair. The judge turned his eyes to-
wards him.
81 have seen him once,' he said.
"Where?" asked Attorney Atchison.
''In my rooms in Kansas City"
''Was anything said about the kid
naping of Marian Bleakley?"
Something was said about it."
Did you say in the conversation
kidnapping is dangerous and bad
thing. but in this case, case of kid
naDing could not be made out p .
Il did not say it."
Following the examination Judge
Pollock made an explanatory state
ment to the jury:
1 do not know the defendant, but
United States Marshal Mackey brought
him into my chamber one day."
United States Marshal Mackey, who
stated yesterday that Judge Pollock
had told him kidnapping was a danger
stand, but on account of his previous
testimony could not testify.
This afternoon the arguments are
being made.
Both the state and the defense have
testified. and their instructions have
The case will go to the jury tonight
and a verdict is expected some time
late this evening.
County Attorney Schenck for the
state and A. E.'Crane for the defense
VIII close the argument for their re-
spective sides.
Attorney Edward Wright and Harry
frleoperg will take up the rest of the
tlIne Tor captain Tillotson: w. E
Atchlson, Arthur ]. Bollinger and
county Attorney Bender for the state
Attorney Atchison appeared for the
state this afternoon and ATTORNEY
Wright for the defense.
Thursday Afternoons Work
The mystery of the unknown won-
an IN black" is still bothering the state
10 hnd out who has been selling soar
and who came to Holton at the begin.
ming OF the trial seems to be one O,