The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-05-10
EkPLUUE "A bUIWB.
TiIlOtsOn Letters in Incubator
Baby Case.
Told Mrs. Barclay Of Plans for
kidnapping.
STATE NEAR THROUGH
Mrs. Bleakley Is the Last Wit
ness for Schenck.
Question OF Maternity of Little
Girl Before Court.


hornb was thrown into the camp OF
the defense in the kidnapping case this
morning when the state presented to
the court and read to the jury three
letters written by Capt. F. H. Tillot-
son to Mrs Stella Barclay, These let
ters told of plans being made for the
kidnapping of Marian Bleakley, the trip
to Topeka on the part of Captain TIL
lotson. the cost of carrying out the
plan and general information with ref
erence to the proposed abduction.
The letters were signed by Captain
TiIIotson and the signatures were COM
pared and verified by an expert, Oscar
Swayze of Topeka. The letters were
marked and filed as exhibits in the
case. These letters, together with the
testimony of Cloughley. the Kansas
CITY automobile garage owner, who
stated that Tillotson had secured the
automobile OF him. complete strong
point for the state in its contention
that the arrangement for the k1dnap-
ing of Marian Bleakley were mastered
and generated by Captain Tillotson.
The first letter told of the child be-
ing in Topeka and the watch that was
being kept on both Mrs. Bleakley and
Marian.
Plans for Kidnapping.
''To get away is what troubles me
now" said Captain Tillctson. 1--WE
must get out of the state as soon as
possible You have always shown a
great deal of patience in this work
and there is no fear. We can not
make a failure of this. We must make
a success of it,
The second letter read to the jury
by County Attorney Schenck told of
of tha work
complished. "New Investigations have
been made. but conditions are about
the same" he said. However. there
Is less suspicion than there was be-
fore"
The third letter told of the trip to
Topeka Everything is quiet in To-
peka," it said. 81 will write every few
days and let you know all that is go
ing on" A hill for $64,05- for services
was enclosed.
The letters occupied the whole time
of the Jackson county court this morn
ing. Judge Raines called a recess un-
till 1870 this afternoon on account of
the plea of County Attorney Schenck
that several of the important witnesses
for the state had missed the train at
Topeka and could not get to Holton
until this afternoon.
Early this afternoon ]. D. Norton,
sheriff of Shawnee county; John M.
Wright deputy county treasurer; S. F.
Farney, an automobile driver from
Kansas City. and Mrs. Charlotte
Bleakley all arrived at Holton in an
automobile from Topeka. All testi-
fed for the state this afternoon. The
testimony of Mrs. Bleakley may not
be taken until late this afternoon.
Testimony Nearly Complete.
The testimony for the state will be
completed today and the opening
statement for the defense will be made
to the jury late this afternoon or the
first thing tomorrow morning. Harry
Freidberg. leading counsel for the de-
fense, will make the statement.
The same confidence on the part of
the attorneys for the defense that they
will win the kidnapping case and clear
Captain Tillotson of the charges
against him prevails today. The at
torneys are not backward in stating
that they do not believe the state has
enough evidence and have the right
construction of the law to convict Cap
tain Tillotson, who is charged with
kidnapping Marian Bleakley.
A large crowd attended the trial to-
day. This morning the court room
was filled and this afternoon there Is
hardly standing room. Fully one
half of the audience are women. The
case is especially interesting to women
on account of the character of the
case and the fact that the contest is
between two women for the custody
of child.
Right to Steal the Child.
It is very plain from the tactics
used by the attorneys and counsel for
defense that they will make strenuous
efforts to prove that in taking Marian
Bleakley from the home of Mrs. Bleak
ley in Topeka, the kidnapers were led
to believe that they were not commit
ting a crime and that they fully be-
lieved that they We're in the right
The examination of United States
Marshal Mackey, the cross examination
OF Mrs Ora Thompson. and many 9TH
er utterances have led forth this
thought. The first rumor to the effect
that the defense would prove an aIibi
for Captain Tillotson and make it
pain that he was not in Topeka at the
time, is losing its effect since the testi-
mony introduced by the state.
This case is purely a case of the
interpretation of the law said Coun-
sel-in-C Chief Freidberg to a State Jour
nal reporter. If this is true the old
uestion of the maternity of the child
and the rights of Mrs. BleakIey and
Mrs. Barclay to Marian Bleakley will
occupy the rest of the time in court.
The defense has attorneys in St. Louis
at this time taking dispositions on the
maternity of Marian Bleakley.
The state has also taken hitch at
the st. Louis end of the case. Prose-
cutor Schenck has introduced before
the court certified copies of the issues
OF the case in Douglas county court
Ihese records give a sensational his
tory of the birth of Marian BIeakley in
house in st. Louis.
Mrs. Thompson's Examination.
From these record it is evident that
IN order to show that the child was
taken from its lawful mother. County
Attorney Schenck will confine his fu
ture enorts to show that Mrs. Charlotte
Bleakley is the rightful mother of
Marian Bleakley.
In the evidence before the Jury.
Mrs. Ora Thompson was examined IN
this manner: -
Who has had the care, CUSTODY and
control Of Marian Bleakley?''